Environmental Law and Public Policy in Islam: Whether the Preservation of the Environment Constitutes as Part of the UAE's Public Policy and the Issue of Arbitrability of Environmental Disputes
Published 31 October 2022
The protection of the environment is a crucial issue that affects all living species on earth. While this issue has become more apparent in recent generations, environmental protection (such as sustainable practices) are key themes addressed in the most important Islamic texts dating back to approximately the 7th century. Islamic countries, such as the United Arab Emirates uphold Islamic law (Sharia law) as a source of its laws and its policies, and as such, Sharia law is undoubtedly fundamental to understanding an Islamic country’s legal framework and policies. This article aims to determine whether environmental protection is within the scope of the United Arab Emirates public policy. In order to accomplish the aims of this article, an in-depth discussion surrounding the sources of Sharia, the Maqasid Al Sharia, Sharia law and the environment, and the equation of Sharia law to the UAE’s public policy will be addressed, as well as an analysis as to whether or not environmental disputes are arbitrable in the United Arab Emirates jurisdiction.
This paper will be part of the TDM Special Issue on "International Investment Arbitration - Environmental Protection and Climate Change Issues". More information here www.transnational-dispute-management.com/news.asp?key=1893