References of "Al Hajjaji, Shams Al Din 50022537"
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See detailThe Reform of Judicial Appointment Process in the Ordinary Judiciary in Egypt
Al Hajjaji, Shams Al Din UL

in Middle East Law and Governance (2017)

This article argues for the necessity of the reform of the judicial appointment qualifi- cation, and the judicial appointment powers in Egypt. The article presents judicial ap- pointment process and ... [more ▼]

This article argues for the necessity of the reform of the judicial appointment qualifi- cation, and the judicial appointment powers in Egypt. The article presents judicial ap- pointment process and requirement as the main case study. It illustrates the difference between de facto and de jure in the judicial appointment system in Egypt. These dif- ferences pave the road to a deeper understanding of legal and political aspects of dis- crimination against the poor, woman and political opposition within the appointment process. The article discusses the contemporary challenges in judicial appointment. The challenges can be summarized into: gender inequality, elimination of political mi- norities, and under-privileged citizens. Finally, the article proposes a solution for the problems identified in this article. These solutions are based on reforming the both the judicial appointment qualification, and the judicial appointment powers in Egypt. [less ▲]

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See detailClash of the Titans: A Comparative Approach to Reform of Judicial Accountability in Egypt
Al Hajjaji, Shams Al Din UL

in Seattle University Law Review (2017), 41

This Article argues for the reform of judicial accountability rules in Egypt. The lack of a real separation of powers and “checks and balances” between the three powers often leads the judiciary to become ... [more ▼]

This Article argues for the reform of judicial accountability rules in Egypt. The lack of a real separation of powers and “checks and balances” between the three powers often leads the judiciary to become a periphery in the executive body, rather than an independent authority that invigilates and monitors any violation of the law. Judges who refuse to comply with executive wishes are often subjected to persecution from the Ministry of Justice and its Judicial Inspection Department, which can reach up to the level of impeachment. The Ministry of Justice uses judicial accountability as a tool of retribution over disobedient and inconsistent judges. Currently, the executive authority monopolizes the judicial accountability process and its outcomes. Reformation towards a transparent democratic judiciary requires major participation by the public in the judicial accountability process. This participation aims not only to exclude the authority of the Ministry of Justice over the judiciary and the judges, but it also aims to increase public participation in a democratic judiciary. [less ▲]

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See detailCriminal Liability for Environmental Damage – National Courts versus the International Tribunal for the Law of the Sea
Al Hajjaji, Shams Al Din UL

in Groningen Journal of International Law (2017)

This article argues to abolish Criminal Liability for Environmental Damage in order to consider legislative amendments, which comply with the rulings of ITLOS. There is a discrepancy between plaintiffs ... [more ▼]

This article argues to abolish Criminal Liability for Environmental Damage in order to consider legislative amendments, which comply with the rulings of ITLOS. There is a discrepancy between plaintiffs who are able to present their cases to ITLOS and those who are unable to do so. In most fishery cases, plaintiffs are unable to resort to ITLOS and national courts deal with these cases based on their own understanding, not that of ITLOS. The article differentiates between Criminal Liability for Environmental Damage (RLED) and Civil Liability for Environmental Damage (CLED). It also provides examples and explanations for the difference between them. This article is divided into four main sections. The first tackles the theoretical difference between CLED and RLED. The second section presents six cases in which the ITLOS has dealt with the question of national RLED. The cases show how ITLOS transforms RLED to CLED. The third section highlights discrepancies in the practice of both international and national courts with regard to two issues: confiscation and bond determination in fishery cases. The fourth and last part recommends a solution to overcome discrepancies between national and international courts. [less ▲]

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See detailA Call for Judicial Reform in Egypt
Al Hajjaji, Shams Al Din UL

in ICL Online Journal (2017)

The social contract in Egypt has changed dramatically five times in the past decade. Mubarak made substantial amendments in 2005 and 2007, the Supreme Council of the Armed Forces (SCAF) ratified the 2011 ... [more ▼]

The social contract in Egypt has changed dramatically five times in the past decade. Mubarak made substantial amendments in 2005 and 2007, the Supreme Council of the Armed Forces (SCAF) ratified the 2011 Constitutional Declaration, the Muslim Brotherhood adopted the 2012 Constitution and, finally, Al-Sisi/Mansur proclaimed the 2014 Constitution. Currently, Egypt faces social, economic, political and legal problems. The Egyptian judiciary plays a vital role in the inability to respond to these problems. This research argues that the call for judicial reform should be revived to face contemporary challenges. These challenges are the result of the absence of serious judicial reform in the past four decades. The 1973 Judicial Authority Law was a result of the social contract presented in the 1971 Constitution. The research lists the reasons for adopting a new judicial authority law. In the first section, the social aspect is embodied in the protection of freedoms, judicial transparency and judicial legitimacy. The second section dealing with economic reasons for reform is divided into two parts. The first deals with Independent Bodies and Regulatory Agencies. The second issue reveals the role of the judiciary in the successive failures of the IBRA. The third section deals with the role of the judiciary in political life. The fourth section presents the legal reasons for judicial reform. [less ▲]

Detailed reference viewed: 82 (3 UL)
See detailNuclear Energy for Peaceful Purposes:
Al Hajjaji, Shams Al Din UL

Presentation (2016, December)

Detailed reference viewed: 27 (0 UL)
See detailJudicial Accountability in Egypt
Al Hajjaji, Shams Al Din UL

Presentation (2015, October)

Detailed reference viewed: 42 (1 UL)
See detailLand Grabbing in Egypt
Al Hajjaji, Shams Al Din UL

Presentation (2015, August)

Detailed reference viewed: 24 (0 UL)
See detailEconomic Analysis of the International Environmental Law Disputes
Al Hajjaji, Shams Al Din UL

Presentation (2015, May)

Detailed reference viewed: 27 (1 UL)
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See detailReview of the New Global Law by Rafael Domingo
Al Hajjaji, Shams Al Din UL

in Berkeley Journal of International Law (2014)

Detailed reference viewed: 45 (0 UL)
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See detailThe long empty canyon: A study of the old/new legal problems of the Nile basin
Al Hajjaji, Shams Al Din UL

in Journal of Water Resources and Ocean Science (2013), 5(2), 141-154

The Nile River Basin witnesses a long history of tension and negotiation among riparian states. There are two legal frameworks govern the Nile Basin. Firstly, the private legal framework reflected in ... [more ▼]

The Nile River Basin witnesses a long history of tension and negotiation among riparian states. There are two legal frameworks govern the Nile Basin. Firstly, the private legal framework reflected in legal history on the Nile. The most legal active period among Nile Basin states was the period between 1890th and 1930th. The legal solutions to the Nile Basin problems came to an end with the end of the colonization in Africa, especially the Nile riparian states. During this period, the tension among liberal states took a different shape. Harmon and Nyerere doctrine was introduced among the riparian states. This led to the refutation of most of the private legal framework from most of the independent states. Thus, riparian states started to explore new legal ground to regulate their relationship. On the other hand, the public legal framework represented in the work of the International Law Association, which started with Helsinki rules in 1966, and the 1997 UN Convention. Many scholars argue that the legal solution is the best one for the Nile question, based on the previous frameworks. However, this note argued that the international legal framework governing the international rivers generally and the Nile specifically cannot offer a solution to the disputes over the water of the Nile. This note discusses both the legal frameworks of the Nile on one hand. On the other hand, it highlights the points of indeterminacy of both frameworks to solve the Nile dilemma. It argues that the solutions of the present and future disputes through legal tools are not enough. This note goes beyond the most proposed recommendation to form a comprehensive treaty as the solution to the riparian problems. It asserts that the law is not a tool to end the states tension, rather than it is a tool to persevere good faith and prevent future dispute. A main role of the extra-legal solutions must be played. It based its argument on the substantive and formulate dilemma in the previous frameworks. [less ▲]

Detailed reference viewed: 75 (1 UL)
See detailStudy of the Old/New Legal Problems of the Nile Basin
Al Hajjaji, Shams Al Din UL

Presentation (2013, July)

Detailed reference viewed: 27 (0 UL)
See detailVision/Respective on the Egyptian Constitutional Draft Articles
Al Hajjaji, Shams Al Din UL

Presentation (2012, May)

Detailed reference viewed: 25 (0 UL)
See detailChallenges of Democracy in Egypt after Mubarak
Al Hajjaji, Shams Al Din UL

Presentation (2012, April)

Detailed reference viewed: 27 (0 UL)
See detailStatus of the Somalia Piracy under International Humanitarian Law
Al Hajjaji, Shams Al Din UL

Presentation (2012, February)

Detailed reference viewed: 24 (0 UL)