Saturday, December 7, 2019
International Libel and Privacy The Automobile Manufacturers
Question: Discuss about theInternational Libel and Privacyfor the Automobile Manufacturers. Answer: The Plaintiff and the Defendants In this case, the plaintiffs are the automobile manufacturers. This is because they are the ones who are bringing a case in the court. They are protesting against unfair legislation passed by the parliament of Dubai. On the other hand, the defendant is the Emirate of Dubai. This is because the case is brought against them, and they are compelled to respond by defending themselves against the accusations that are brought forth, by the group of automobile manufacturers. Is it a Legal Remedy or an Equitable Remedy The case under consideration is an equitable remedy. An equitable remedy is where a plaintiff is seeking an injunction from the court. The aim of the injunction is to prevent the defendant from implementing an act that may be against the law or negatively affect the plaintiff. In the case above, the group of automobile manufacturers is bringing a case against the Emirate of Dubai, in a bid of preventing the emirate from implementing the law that restricts the emission of carbon dioxide in the emirates (Tarbuck Lester, 2009). On the other hand, a legal remedy is brought in a court when the plaintiff seeks for damages for harm caused through the actions of a defendant. The main aim of the legal remedy is to seek for compensation, as opposed to seeking an injunction. This compensation is always referred to as damages. In the case above, the group of automobile manufacturers are not seeking for any damages, and but their aim is to prevent the government from implementing a law that is not consistent with the Federal Laws of the region. The Primary Source of the Law The Primary source of law that the group of manufacturers were relying on was the Federal Law that governs the United Arab Emirates. (Glasser, 2013) Dubai is one of the Emirates within the UAE; hence, any law that that the emirates passes, and is inconsistent with the Federal Laws, the law is null and void, and can be challenged in the courts. Where to Find Relevant UAE Federal Laws One of the areas that can be used to find a relevant Federal Law of the UAE is by looking at the constitution of the country. The constitution explains the relationships between the different emirates, how they are governed (Dubai, 2010; Zahlan, 2016)). It also identifies some of the most important economic, environmental and social pillars of the emirates. A relevant UAE Federal law can also be found at the Federal Supreme Court. These are rulings issued by the Federal court regarding the issue, or issues that are related to the conflict being pursued. These laws can also be found at the Ministry of Justice (Hudec, 2013). This ministry provides regulations and laws that govern the affairs of federal ministries and departments. Branches in the Court Structure of the UAE There are three major branches within the court structure of the UAE. These branches are the Sharia Courts, The Criminal and The Civil Courts (Kawamura, 2013). These courts are always referred to as the Courts of First Instance. The other two types of court system are, the Court of Appeal and the Court of Cessation. References Dubai, C. (2010). United Arab Emirates. Sandgrouse, 14, 72-80. Glasser, C. J. (2013). The United Arab Emirates (UAE). International Libel and Privacy Handbook: A Global Reference for Journalists, Publishers, Webmasters, and Lawyers, Third Edition, 513-521. Hudec, R. E. (2010). Developing countries in the GATT legal system. Cambridge University Press. Kawamura, A. (2013). The Dubai Approach as a New Resolution System for Islamic Finance Dispute Cases. Tarbuck, A., Lester, C. (2009). Dubais Legal System: Creating a Legal Regulatory Framework for a Modern Society. Zahlan, R. S. (2016). The Making of the Modern Gulf States: Kuwait, Bahrain, Qatar, the United Arab Emirates and Oman (Vol. 10). Routledge.
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