The United Arab Emirates was formed in 1971 by the United Kingdom ending its treaties and withdrawing from the area, including Bahrain and Qatar. The Gulf States were left in disarray, as many were too small and too poor to function as an independent state without outside support. The UAE formed as a result, combining the sheikdoms of seven areas into one state, with Dubai and Abu Dhabi as the de facto economic powers, due to their oil produce (Al Abed). The Emirates created and implemented a constitution that solidified the bonds between the member states, and one that also recognized the rights of international law.
The UAE’s Constitution allows for international treaties on a small scale that do not need to be ratified by the Supreme Council. However, the Supreme Council of the UAE holds the power of forming and ratifying international agreements and treaties based upon the general policy goals the Supreme Council lays out (Aly Khedr). Member Emirates are entitled to form limited agreements of a local, administrative nature with regional governments, provided that the content of those agreements does not interfere with the Constitution or that the Supreme Council of the UAE does not object (Constitute, article 123). The UAE also retains its OPEC membership agreements, which includes the Emirates in the international dealings with the giant oil organization. The Supreme Council also has the ultimate authority in matters where an international treaty would place on Emirate in a special position above the others (Constitute, article 124). The UAE has the highest authority to ensure that the terms of its international treaties are carried out and followed through (Constitute, article 125). Article 125 stipulates that international treaties are very important in the governance of the UAE, likely because of the UAE’s dependence upon international organizations due to its size. It can be said that the Constitution of the Emirates comes before international treaties; though the Supreme Council is sworn to uphold its agreements, it cannot undertake any treaty that defies its Constitution.
The hierarchy of the UAE influences international treaties as well. Article 91 of the UAE’s Constitution stipulates that the government of the UAE must inform the Union National Council of agreements formed between other international groups, while article 60 requires that the Council of Ministers implements and ensures that international treaties are followed, as the Council of Ministers acts as the executive body of the Emirates (Constitute). International treaties are usually done to protect UAE national interests, such as economic and security interests. Many of the treaties that the UAE have signed are the generic treaties that UN member countries agree to, such as diplomatic protection and labor laws. The UAE has also ratified the Geneva Conventions, and various treaties with Islamic nations in the area that help secure the UAE against more regional threats.
Works Cited:
Al Abed, Ibrahim. "The Historical Background and Constitutional Basis to the Federation." (n.d.): 1-56. Web.
Aly Khedr, Ahmed. “UPDATE: Overview of United Arab Emirates legal system - GlobaLex.” Hauser Global Law School Program. 18 July 1971. Web. 16 June 2016.
Constitute. “United Arab Emirates’s Constitution of 1971 with Amendments through 2004.”Constituteproject.org. n.d. Web. 16 June 2016.
