What are the sources of International public law? Le droit international expliqué | Quelles sont les sources du droit international? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei Overview of the sources of international public law as stated in Article 38 of the international court of justice ICJ statute : treaty, customary law, courts decisions, jurisprudence and law principles. Sources of International Law , explained , simplified and visualized. Les sources du droit international public مصادر القانون الدولي وفقال لمادة 38 من النظام الأساسي لمحكمة العدل الدولية 1 What are the sources of international law? 2 The term ‘source of law’ refer to legal rules governing the international community. 3 Unlike national laws , where sources of law are specified in a norm superior to laws and regulations, usually a constitution, no such norm exists in international law. 4 The International Court of Justice, stipulated a catalogue of sources of international law, which is used when deciding legal disputes submitted before the world court. 5 the first source is international treaties, whether a general or particular treaty, a bilateral ,regional or multinational one, 6 a treaty is a binding international agreement. by which the countries are obliged to observe their contractual obligations. 7 the 2nd source is customary law. At the outset, international law was mainly constituted by customs. 8 which is by its nature, universal, whereas treaty law binds the parties to these treaties only 9 International custom consists of 2 elements: First is State practice, which means What generally States Do and Say. 10 Oppinio Juris is the 2nd element of customary law. It means that the state practice, has to be accepted as law, by the other states. 11 In addition to treaties and customs, other sources exist, such as Judicial decisions , juristic writings and general principles of law. 12 while they are not formal sources , they can still play an important role as an evidence of the law.
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UN Security Council, explained , simplified and visualized. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei In this episode of the International law series, The animation video gives you an overview of the United Nations security council UNSC in international law in terms of: roles, functions, membership , veto and voting process as stated in the United Nations UN charter. It examines the 15 states member of the UNSC, the permanent and non permanent states and the veto powers and the security council role that emerged after the world war II to maintain the international peace and security whether by peaceful means like the UN peacekeeper operations or thru the international sanctions like the military and economic embargo or even the authorization of the military use of force. In addition to the UNSC role in the appointment of the UN secretary general and the ICJ international court of justice judges. مجلس الامن الدولي - الأمم المتحدة - القانون الدولي العام : دور مجلس الامن، العضوية و نظام التصويت و الفيتو
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What is International Commercial arbitration? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This Animation law lecture examines in a nutshell the basic Advantages and disadvantages of Arbitration as an Alternative Dispute Resolution ( ADR ) to local court litigation , alongside mediation and reconciliation .
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What is Trademark law? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei Trademarks are brand names or designs , which are applied to products and services. A trademark is a distinguished word, phrase , a symbol , a fragrance or a logo , or a combination of these elements. which is used in trade/business , to indicate the origin/source of the brand, in order to distinguish and identify the brand owner in the market. Trademark law protects the consumer, by preventing the public confusion , as to the origin or quality of a product. and it also reward the brand owner , by maintaining his business successful reputation in the market. Trademarks legally conflict with each other, if the use of one trademark causes public confusion as to the product being offered in the market ( likelihood of confusion ) The american law protects trademarks even if its not registered, which is also known as the Common Law Trademark Rights, in this case registration is not required to establish trademark rights, seeing that the first who use a trademark in commerce owns it. On the other hand, Most countries require registration of a trademark , as it provides legal certainty and reinforces the position of the right holder . therefore any subsequent users who cause confusion as to the product or its origin , will be forced to stop using the mark , and might be liable to pay the trademark owner damages. Lastly, Trademark is not absolute as its subject to various limits and defenses, such as abandonment, limitations on geographic area in which the mark is used , and fair use , which means that the more common and generic the word is , the less likely the trademark owner may be able to regulate it. This doctrine also protects "nominative" use of the trademark name, as is often done by competitors in marketing materials.
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Statehood in International law , explained , simplified and visualized. Overview of the concept of states and statehood a subject of international public law as stated in the Montevideo Convention. This Animation video examins the 5 critiea for an entity to be called a state under the Montevideo convention : population, territory, government , sovereignty and independence.
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Subjects of International Law explained | Lex Animata By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei States and non-State actors like individuals, international organizations, multinational companies and international non-government organizations are regulated by, or subjected to, international law. They are called subjects of international law. These subjects have international legal personality.
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What is Jus Cogens ( Peremptory norms ) ? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This animation video visualize and simply the concept of Jus Cogens in International law as per the Article 53 of the Vienna Convention on the Law of Treaties 1969, the video examines the following in terms of : definition and meaning of the term, origin in the roman law ( JUS STRICTUM & JUS DISPOSITIVUM ) , example of jus cogens norms ( genocide , crimes against humanity , slavery trade , torture, use of force, piracy , violation of human rights etc ) and the legal effect of an agreement violating a jus cogens norm: void.
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Persona non grata in international diplomatic and consular laws based on the Vienna Convention on Diplomatic Relations (1961) and Art. 23 Vienna Convention on Consular Relations (1963). The animation video examines the concept of persona non grata, when can the host state banish a foreign diplomat and its effect on the sending state and the envoy diplomatic and consular immunity. Persona Non Grata in International Law , explained , simplified and visualized. Privileges — Diplomatic relations — Diplomatic immunity — Diplomatic missions
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States jurisdiction in international law : concept, types and examples. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs, and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , however, there must be a link , between the individual , the offence and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors. State jurisdiction, reflects the international law general principles , of state sovereignty, equality of states , and non-interference in other states domestic affairs. and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries , in relation to civil and criminal matters. however, there must be a link , between the individual , the offence , and the state court exercising jurisdiction over that person. while it's primarily territorial, jurisdiction of states may be based on other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors the first base of jurisdiction, is the territorial principle , and it means that the local court power, is geographically restricted, within the borders of that state. However, As one offence may take place in more than one single country, the territorial jurisdiction is divided into 2 categories, subjective and objective. the subjective principle, is exercised by the state in which the offence is started , while the objective principle, is exercised by the state in which the offence is completed. For example, a fraud can be committed by someone in ireland, against another in england. or a shooting incident , can take place on the borders of two countries, on the other hand, the state power is not absolute within its territory , as certain persons, like diplomats. are immune, from the local courts jurisdiction, the nationality of the parties, is the second ground for state jurisdiction, as a state can exercise its jurisdiction, beyond its territory ( boundaries ) , regardless where the person is located, subject that the offender or the victim ( the passive personality ) is a national of the claimant country. The 3rd ground is the protective or security principle, and it allows a State , to exercise jurisdiction over foreigners, outside its territory , regardless of their citizenship , when there is a threat to its national security. And lastly, the universality principle , is the fourth ground for state jurisdiction, and it allows any state , to punish certain international offences abroad , like piracy, slavery , torture , crimes against humanity and genocide, whether committed by or against foreign nationals.
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By Diana Elrafei https://www.linkedin.com/in/diana-elrafei-245853145/ Introduction to Anti Money Laundry, what is it? what are the 3 different stages ( placement, layering , integration ) , and usual sources of dirty money ( drugs , weapons , prostitution and terrorism )
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Animation lecture about the Force Majeure in International Law. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei Force majeure has a long history since the Roman law, as part of the principle that possibility is the limit of all obligations, (ad impossibilia nemo tenetur), meaning that no one is expected to perform the impossible. The concept has been applied in all legal systems , in most fields of the law and in both domestic and international law, as a shield to invoke responsibility, when an unforeseen event beyond the control of the parties, makes it impossible to perform the obligation. This lack of free will to act , requires the presence of 3 elements , in order to successfully invoke a situation of force majeure: Irresistibility, unpredictability, and externality.
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What is Diplomatic Immunity? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This video explains the inviolability of diplomats and envoys in International Law and their immunity from court jurisdiction as per the Vienna Convention on Diplomatic Relations (1961 ) . Immunity of the embassy Premises & properties, like the buildings, , Vehicles, Archives, and Communications .Immunity of the personnel working in the embassy , which entails the Diplomatic envoys and their families and other admin and technical staff. Linkedin: lnkdin.me/mido Twitter : https://twitter.com/law_visualizer
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What is Extradition ? Overview of the concept of surrendering suspect to a foreign country upon the receipt of an extradition request. The video focus on the grounds that give the requested state ( the state of residence ) the right to deny to extradite a criminal, such as : dual or double criminality , citizenship or the special conditions of the suspect , the specialty rule , jurisdiction of the local court ( Ne bis in idem ) , human rights ( torture , death penalty / capital punishment , concerns about the fairness and the Independence of the courts system and the criminal proceedings of the requesting state, like trying the offender by an ad hoc court , or if he has been convicted in absentia , without having the right for a retrial, and excluding certain crimes from the extradition treaties , like military and political offences , and finally the Discrimination Clause , which means that an extradition will not be granted, when an ordinary offence , is just an excuse to discriminate against the person , because of his race, religion, nationality or political opinion.
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What is Diplomatic Bag ? This video explain the concept of the valise diplomatique in terms of its purpose, conditions, immunity and abuse As per the Vienna conventions "VCDR" ( Diplomatic & Consular ) Linkedin: lnkdin.me/mido Twitter : https://twitter.com/law_visualizer
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Criminal Courts Jurisdiction in Ireland, visualized. This video gives an overview of the jurisdiction of the 5 courts in Ireland when it comes to criminal matters : District Court & Circuit Court ( limited jurisdiction ) High Court ( courts of first instance and appellate courts for the lower ones ) and the Appeal court and the Supreme court ( appellate courts with 2nd instance jurisdiction ) . Linkedin: lnkdin.me/mido Twitter : https://twitter.com/law_visualizer
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Companies Law simplified and explained. An introduction animation video about the United Arab of Emirates "UAE" federal companies law number 2 for 2015, the video gives a quick overview about the types of companies and partners liability and ownership: Joint Liability , Limited Liability Company, Public and private Joint stocks etc and types of companies excluded from the jurisdiction of the federal law ( free zone and DIFC Dubai International Financial Centre Courts ) قانون الشركات الإتحادي رقم 2 لسنة 2015 يشرح الفيديو بصورة مبسطة و سريعة نبذة عن انواع الشركات التجارية سواء شركات الاشخاص او شركات الاموال : ذات المسؤولية المحدودة, الشركة المساهمة العامة و الخاصة , شركة الشخص الواحد, شركة التضامن من حيث الفرق بين الشركات في ملكية رأس مال الشركة و مدى تحمل الشركاء للمسؤولية عن التزامات و حقوق الشركة تجاه الغير
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LLC Limited Liability Company in the United Arab of Emirates explained and simplified in a nutshell. An animation video about the United Arab of Emirates "UAE" federal companies law number 2 for 2015, the video gives a quick overview about the LLC in respect to definition of the company, partners liability and ownership, memorandum of association, local partners ownership, sole owner , foreign investor ownership , roles and duties of the partners and directors, company capital , partner contribution, distribution of profit and loss , legal reserve and transfer of ownership ( selling and pledging the shares ). article 71 to 82 الشركة ذات المسؤولية المحدودة في دولة الإمارات العربية المتحدة وفقا لقانون الشركات الإتحادي رقم 2 لسنة 2015 يشرح الفيديو بصورة مبسطة و سريعة ماهية الشركة ذات المسؤولية المحدودة و الحد الأدني و الأقصى للشركاء و مدى تحملهم لإلتزامات الشركة عقد الشركة ، الشريك المواطن و ملكيته لرأس مال الشركة مقارنة بالشريك الأجنبي و امكانية تملك الشخص الواحد للشركة بمفرده بالإضافة الى دور الشركاء و المديرين و تقسيم الارباح و الخسائر و نقل ملكية أسهم الشريك في الشركة للغير سواء عن طريق البيع او الرهن
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Medical Liability and Negligence Law in the United Arab of Emirates explained and simplified in a nutshell. An animation video about the United Arab of Emirates "UAE" federal Medical liability law number 10 for 2008, the video gives a quick overview about the concept of medical negligence , the limit of the physician responsibility and liability toward the patient, whether by negligence or ignorance, the harm or damage caused to the patient by the doctor mistake , in addition to the doctor duties and what constitute a breach of duty and what is not, the video also summarize the doctor restrictions and prohibitions like abortion, surgery, medicines and others. finally the video highlight the supreme committee of medical liability and the doctor criminal and civil charges يتناول الفيديو بشكل مبسط القانون الاتحادي لدولة الامارات العربية المتحدة رقم 10 لسنة 2008 الخاص بالمسؤولية الطبية و الذي ينظم مدى مسؤولية الطبيب او المستشفى من الناحية القانونية عن الأخطاء او الخطأ الطبي اثناء العلاج و الذي يسبب ضرر للمريض و ما هي حدود مسؤولية الطبيب عن الاهمال الطبي و واجبات الطبيب و المحظورات التي عليه تجنبها مثل الاجهاض و المساعدة في انهاء حياة المريض و استنساخ البشر و غيرها من المحظورات كما يتتطرق الفيديو الى العقوبات التي تواجه الطبيب المهمل و اللجنة المختصة بالتحقيق مع الطبيب
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By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei What are the grounds to recuse a judge ? How can a party to a dispute request to disqualify a judge from hearing a particular case ? This is known as Nemo Judex in sua causa , a Latin maxim which means that when there is a conflict of interest between the judge and the outcome of the hearing, the party to the litigation has the right to request the recusal of the judge or the arbitrator .
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Recognition & Enforcement of Foreign Judgments , explained - International Law Animation lectures. By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This video visualize and simplify the concept of Foreign Court decisions enforcement civil and commercial matters abroad. In terms of principles of comity, reciprocity and res judicata (that is, that the legal issues in question , have been finally decided already by a court , between the same parties, and cannot be ruled on again. ) As a result , the number of treaties between states, has grown quickly , in order to regulate this conflict of law. In the absence of a treaty , a country is not obliged to recognize or to enforce a foreign judgment , as the substance of the foreign court decision is not reviewed . however , some legal systems recognize foreign judgments , more or less to the same degree , as domestic judgments . For instance, countries with more restrictive domestic rules, like France , tend to enter into more bilateral treaties, comparing to the United States, who has zero. In all cases, whether in the presence of a treaty or without , a state can deny the enforcement of a judgment , after examining the following causes: 1ST , whether the rendering court, that issued the judgment has jurisdiction over the case . 2ND , that the judgment is valid , final , and on the merits , under the law of the rendering court 3RD That the defendant had the right to fair trial , was properly served with notice of the proceedings , and had an opportunity to be heard in court , and the right to appeal. 4TH, that the foreign judgment, is not contrary to the public policy of the enforcing country, its national laws , nor with international law Given that no general duty exists, to recognize foreign judgments at all, such exceptions are generally compatible with international law, unless treaty law provides otherwise.
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Individual Criminal Responsibility Explained and visualized in public international law in accordance with the International Criminal Court and the Rome statute, in terms of the ICC jurisdiction ( genocide, crimes against humanity and war crimes ) and the subsidiary role of the ICC as the main jurisdiction remains with the local courts. Only when national court is unwilling or unable to prosecute individuals for international crimes, the ICC can intervene. Also the video shed light on the United Nations security council power to refer case to the ICC even when the person in question is a citizen of a country non member to the Rome statute like in Sudan and Al Bashir case Linkedin: lnkdin.me/mido Twitter : https://twitter.com/law_visualizer
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Legal system of the United Arab Emirates By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei The legal and courts system in the U nited Arab of Emirates visualized and explained in plain English in a nutshell. The United Arab Emirates , is a federal State founded In 1971 , and It consists of 7 sovereign provinces, governing their own territories. The Constitution established the legal system , based on 5 pillars as follows : the Supreme Council of Rulers , The President and his deputy , the Council of Ministers , the National Council and The Judiciary. The Cabinet , propose and draft the bills before submitting the bill to the federal National Council , which reviews the bill , and can only propose amendments , but cannot initiate a new legislation, seeings its role as a consultative ( advisory ) body; The FNC’s official mandate is to provide for public debate of legislation. once reviewed by the FNC, The proposed legislation, is presented to the President for signature , after being ratified by the Supreme Council , who is the highest Authority within the Federation , and comprises the Rulers of the seven Emirates. On the other hand, the courts system is based upon civil law principles, and Islamic jurisprudence, while some free zones have their own English speaking courts, modeled on the common law judicial system, like Abu Dhabi Global Market , and Dubai International Financial Centre. Some emirates have their own local independent courts Like Abu Dhabi, Dubai and Ras Al Khaimah , While the others are part of the Federal Court system ( Sharjah, Fujairah, Umm al-Quwain, and Ajman), The court system is divided into three layers : a trial first instance court , An intermediate appellate court ( the court Appeal ) , and a last resort court ( the Court of Cassation ) The Court of First Instance , has general jurisdiction to hear all disputes , And it's divided into three main sections: and review evidence to determine the facts of the case; Civil, Criminal, and personal status. The civil cases section, looks into civil, commercial, administrative, and labour disputes; While the personal status court , has jurisdiction over family cases. like inheritance , divorce , Alimony and child custody. Lastly the criminal sections, looks into offences like contraventions (violations), misdemeanors, and felonies cases, referred to the court by the public prosecution , who initiates the criminal process , By filing the case, investigating it , and imposing charges on the accused person. Appeal against a Court of First Instance decision, is made to the intermediate appellate court , on factual or legal grounds. If still not happy with the Court of Appeal decision, the parties may appeal , on points of law alone , to the Court of Cassation , whose decisions are final and are not subject to appeal . While there is no system of precedent, Lower courts must observe the principles set down by the Court of Cassation. On the other hand, some cases must be heard by the Federal Supreme Court , like state security offences , the interpretation of the Constitution and the constitutionality of Laws, the hearing of offences committed by senior officials , and disputes between the 7 emirates.
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modes of acquiring territory in public international law: Cession By Hesham Elrafei Cession 1 A territory, is the material evidence of state sovereignty , as its not possible to have a state without a land. 2 And it includes the land , the subsoil, the water, the seacoast , and the airspace over the land , 3 and the territorial waters, which extends to almost 14 miles from the coast. baseline . 4 There are number of ways in which a territory can be acquired 5 Like the effective Occupation of a land, that belongs to no one, (V: terra nullius ) , 6 The Incorporation , which means the whole of a State’s territory , becoming part of the territory of another State. 7 The annexation , where a territory is taken away from a State, without its approval. 8 The secession , where part of a country , separates itself and becomes an independent State. 9 a concession , where a part of a country , is administered by an entity other than the state , which holds sovereignty over it 10 and Cession , where the territory becomes part of an existing country, 11 by peacefully transferring its ownership , from one State to another , with the consent of both countries. ( based on mutual consent ) 12 Cession can occur in exchange for a payment of money , 13 like the louisiana purchase agreement , between france and the united states, ( like the US bought Louisiana from France, Alaska from Russia, and the Philippines from Spain ) , 14 or in exchange for another piece of territory , Like when britain ceded Heligoland to Germany, in exchange for Zanzibar 15 In contrast, when a country leases territory from another, it only receives the right to exercise the territorial authority. 16 while full sovereignty remains with the original owner, 17 like in the case of Hong Kong , Macau, and Guantánamo Bay . 18 On the other hand, A cession requires the consent of both States involved, 19 including consent of the population affected by the transfer of territory, As part of people's right to self-determination , 20 which is universally recognized as a jus cogens norm. 21 The process normally takes place by means of a treaty , 22 and its effects are opposable to all third States . 23 However , certain parts of a State’s territory , by their nature, cannot be ceded 24 like the territorial sea , and the airspace above it 25 today, cession is mostly used as a technique of boundaries modification, between neighbouring States. 26 And its main legal effect, is the replacement of one State by another , in the rights and responsibility , of the territory in question. 27 therefore the grantee state is responsible toward other states , for everything that happens on the territory 28 That includes, any damage that may arise from acts , or the failure to act on that territory. 29 Like the Liability for Environmental Damage , 30 or the obligation that the territory will not be used for private acts of violence or terrorism, against other States . 31 The legal effect of cession , also means the passing of State property , State debts and nationality of the population, 32 Of the predecessor to the successor State,
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What are the types of punishment in the Irish Criminal law? This lecture starts with a brief comparison between : A - Aggravating factors ( severity of the offence, role of the criminal , level of violence and impact of the crime on the victim and the level of criminality of the person based on his criminal record ) B- Mitigating Factors ( the accused personal circumstances like his medical and mental conditions, his early plea of guilty and cooperation during the investigation etc ) . The video goes on to explore the types of punishment : A- whether primary ( jail ) or secondary ( fine ) , B - and custodial ( imprisonment ) and non custodial ( monetary punishment like : 1 - compensation paid to the victim 2- poor box paid to the charity specially in minor offences 3- Confiscation and forfeit of an asset 4- Community Service Order 5- Probation order as an alternative for the court to warn first time and minor offenders 6- Binding over the criminal as a conditional release subject to a monetary bond, 7- The Restriction of the movement of the accused like curfew and banning him from entering certain areas of places.
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Article 40.4 of Bunreacht na hÉireann provides that “no citizen shall be deprived of his personal liberty save in accordance with law”. In this animation video, i examine the arrest and detention in the Irish Criminal law. In a nutshell : arrest and the reasonable suspicion, citizen's arrest , Garda Siochana arrest without a warrant arrest, entering a premises without a warrant to arrest a suspect, and the arrest without valid ground or justifications. In the second part of the video, i go thru the suspect rights on arrest and during detention in addition to the possibility to challenge the detention - Habeas Corpus - before the high court. Linkedin: lnkdin.me/mido Twitter : https://twitter.com/law_visualizer
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End of Service Gratuity, visualized - UAE Employment Law. What is ESG? Who gets what and when? This video gives a quick overview of the end of service gratuity in the United Arab of Emirates as per the Federal labor law. مكافأة نهاية الخدمة في قانون العمل الاتحادي لدولة الامارات العربية المتحدة
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Women Employment Rights , visualized : What are the employment rights for women in the United Arab of Emirates? This video gives you a quick overview of the UAE federal employment law in relation to women rights at work like maternity leave, pay equality and protection. حقوق المرأة العاملة في قانون العمل الاتحادي لدولة الامارات العربية المتحدة
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