Description of Subtheme:
This theme explores the dynamics and implications of interactions between parties involving legal agreements and informal understandings across borders. It delves into complexities of managing relationships that are bound by formal contracts as well as those that rely on social connections and unwritten agreements.
Contractual and non-contractual relationships and transborder, are important topics in research for several reasons:
-Navigating international laws and regulation: when engaging in cross-border transactions, companies must carefully navigate the legal landscape of multiple jurisdictions, including compliance with host country rules, adherence to trade pacts, and bilateral investment treaties. Research is needed to understand these challenges and develop strategies of mitigation legal risks
-Addressing jurisdictional Conflicts: Transborder transactions often involve questions about jurisdictional authority, choice of law clauses, and contract enforceability. Research can explore the impact of jurisdictional conflicts on cross-border deals and suggest solutions such as alternative dispute resolution mechanisms and carefully crafted contractual provision
-Protection intellectual property rights: differing intellectual property regimes across countries pose challenges for companies engaging in transborder transactions> research can provide guidance on comprehensive protection strategies and illustrate instances where companies have encountered difficulties safeguarding their IP.
The linkage between between this theme and SDGs lies in their impact on economic growth, legal frameworks, and cross-border cooperation, all of which are essential for sustainable development.
-Economic growth: contractual and non-contractual relationships and transborder transactions play a crucial role in fostering growth by facilitating trade, investment, and innovation across borders. SDG’s goal 8 (Decent Work and Economic growth) emphasizes the importance of promoting sustained, inclusive and sustainable economic growth.
-Legal framework and governance: the legal challenges and complexities faced in cross-border transactions, underscore the need for robust legal framework and governance structures to ensure fair and transparent business practices. This aligns with SDG16 (Peace, justice and strong institutions), which aims to promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective accountable and inclusive institutions.
Cross-border cooperation: the ability to navigate international laws, regulations, and cultural nuances in transborder transactions requires effective cross-border cooperation and collaboration among stakeholders from different countries. This cooperation is essential for achieving SDG 17(Partnership for the Goals), which focuses on revitalizing global Partnerships for sustainable development by mobilizing and sharing knowledge, expertise technology and financial resources.
Prominent Research:
Dean of the faculty of law, Professor Mohammad Kassem, Relevant publications are the following:
July 2023 A comparative overview of selected articles in the new Saudi Civil
Transactions System (Law) in 2023, - Journal legal studies, BAU
April 2024 Book entitled “Writings on civil law, studies and comments on courts
decisions rendered by the Egyptian, Lebanese and French courts and the
new Saudi civil transactions system”, Halabi publisher
Assistant Professor Dr. Sara Zein’s relevant publications are the following:
July 2017 “The impact of Anglo-american Law on international contracts”,
Journal of Legal studies, BAU
Forthcoming 2024 “The concept of Reasonable in law”, Damascus University
Journal for Legal Sciences.
October 2018 “The Legal Liability of Architect”, BAU Journal: Health and
Wellbeing, Special Edition, First International Conference on Urban
Health and Well Being -Building Collaborative Intelligence for
Better Lives in Cities,
July 2023 Remedies for breach of contract”, Journal of Social Contract, special ed
issued by the Institution of Legal Research in the Ministry of Justice-
Kurdistan-Irak
Associate Professor Dr. Tala Zein’s relevant publications are the following:
2019, Vol.3 The international American practices in the Lebanese market, Revue
Al Adel (dr. Tala and dr. Sarah Zein)
July 2023 The Impact of the Anglo-American law on the Vienna convention on
the international sale of goods, Journal of Social Contract, special ed,
issued by the Institution of Legal Research in the Ministry of Justice-
Kurdistan-Irak
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