PRODUCTIVE JUDICIAL CONFERENCE IN ABU DHABI

UNCLAS SECTION 01 OF 03 ABU DHABI 000718

SENSITIVE
SIPDIS

DEPARTMENT FOR NEA/FO, NEA/ARP, L

E.O. 12958: DECL: N/A
TAGS: PREL PGOV KJUS AE
SUBJECT: PRODUCTIVE JUDICIAL CONFERENCE IN ABU DHABI

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SUMMARY
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1. (U) The United Arab Emirates (UAE) hosted the "International
Conference of the Presidents of the Supreme Courts of the World"
March 23-24, 2008, in Abu Dhabi. Jurists from 32 countries attended
the Conference, which focused on relations between federal and local
judicial systems; twenty-first century challenges; and the
coexistence of Shari'a law with other jurisprudential systems. The
gathering offered significant liaison and networking opportunities
and laid the basis for closer U.S.-UAE judicial ties at a time of key
changes in the UAE judicial system. The U.S. delegation was led by
Judge Robert H. Henry of the United States Court of Appeals for the
Tenth Circuit. End summary.

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CONFERENCE AGENDA & BACKGROUND
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2. (U) In mid-2007, the UAE Ministry of Justice (MOJ) notified
Embassy Abu Dhabi that it intended to organize a conference to bring
together many of the world's leading jurists. The purpose was to
study relations between federal and local courts and to learn how
federal court systems are organized in other countries.


3. (SBU) Note: Issues regarding the role and powers of federal
courts are of keen interest to the UAE, where a large degree of
autonomy is retained by individual emirates under the UAE
Constitution. The UAE Constitution did not mandate, for example,
that emirates join a unified federal court system; Dubai and Ras al
Khaimah (RAK) never did so and maintain administratively independent
judicial systems, which uphold federal laws and are subject to the
Federal Supreme Court on constitutional questions. The five
remaining emirates, including Abu Dhabi, opted to form a unified
court system at the time the federation was formed. However, Abu
Dhabi withdrew from the federal judicial system effective September
2007 and now has separate, independent courts in the same manner as
Dubai and RAK. The withdrawal of Abu Dhabi from the unified federal
system was not specifically cited as a reason for hosting the
proposed conference; however, the impact of Abu Dhabi's withdrawal
was clearly being felt at the time the conference was conceived and
organized. As the largest and most influential emirate, Abu Dhabi
had little difficulty hiring judges and personnel from the federal
system to staff its own newly constituted courts and judicial
training institute. Since September 2007, the diminished federal
system has carried on serving the four smaller emirates that
participate. There remain some areas, e.g., national security, in
which the federal system continues to preempt local courts, and there
are cases wherein the UAE Attorney General retains federal
jurisdictional authority. However, these areas are not sharply
defined. End note.


4. (U) In mid-November 2007, MOJ announced the March dates for the
"International Conference of the Presidents of the Supreme Courts of
the World" and invited a select group of Supreme Court Presidents and
Chief Justices under the auspices of Dr. Abdel Wahab Abdool,
President of the Union Supreme Court of the UAE. The United States
was invited to send a 3-member delegation and to present a paper on
the US federal court system.


5. (U) The purpose underlying the conference may be reflected in the
letter of invitation to the Chief Justice of the United States:
"Seeking to make use of the American experience in the jdicial
field, it will be our pleasure if your delgation contributes by
presenting a discussion paper or research about 'The Relationship
between the Federal and Local American Justice', highlighting the
hierarchical relationship [between American federal and local
courts], the controlling procedures as to their jurisdiction,
appealing of decisions, rulings in cases of conflict of
jurisdiction....and the coordinating body between the two legal
bodies...."


6. (U) After close coordination with the UAE, the delegation
designated by U.S. Chief Justice John Roberts included Chief Judge
Robert H. Henry and Judge David Ebel of the U.S. Court of Appeals for
the Tenth Circuit, and Hon. Jeffrey P. Minear, Administrative
Assistant to the Chief Justice of the United States. USDOJ/OPDAT
representatives James Silverwood and Michael Gunnison also attended.
(Note: U.S. Supreme Court Justices could not attend due to a conflict
with oral arguments. End note.)


7. (U) The first day of the 2-day conference focused entirely on
"The Relationship between Federal and Local Justice." After Dr.
Abdool's opening remarks, Chief Judge Henry delivered his address and
presented his paper, entitled "The Relationship Between Federal and
Local Justice: The Creation of a Federal Court System in a New
Republic: An Historic Perspective on the United States Experience."
Other speakers invited to make presentations on federalism and the

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courts included:
--- Hon. Dr. Klaus Tolksdorf, President of the Federal Court of
Justice of Germany ("The Relationship Between the Federal and Local
German Justice Courts");
--- Hon. Ellen Gracie Northfleet, Chief Justice of the Federal
Supreme Court of Brazil ("Structure, Organization and Bodies of the
Brazilian Judicial Branch");
--- Hon. Ghislain Londers, First President of the Court of Cassation
of Belgium ("The Belgium Judicial System and its Relationship with
the European Judicial System");
--- Hon. Petr Serkov, Deputy President of the Supreme Court of the
Russian Federation ("Relations Between the Federal and Local Courts
in the Russian Federation");
--- Hon. Margarita Beatriz Luna Ramos, Justice of the Supreme Court
of Mexico ("The Mexican United States Judicial System");
--- Hon. Shri K.G. Balakrishnan, Chief Justice of India ("An Overview
of the Indian Justice Delivery Mechanism");
--- Hon. Abdul Hamid bin Haji Mohamad, President of the Supreme Court
of Malaysia ("Judicial and Legal System in Malaysia");
--- Hon. Sir Gerard Brennan, Former Chief Justice of the High Court
of Australia ("Australia: A Unified Jurisdiction Administering a
Diversity of Laws");
--- Hon Francisco Jose Hernando Santiago, President of the Supreme
Court of Spain ("Judicial System in Spain");
--- Hon Justice Zakeria Mohammed Yacoob, Justice of the
Constitutional Court of South Africa ("The South African Judicial
System");
--- Dr. Mohammed Butti Thani Alshamsi, Manager of Post Graduate
Studies Department, Dubai Police Academy ("Judicial System in the
UAE"); and
--- Hon Abdul Hameed Dogar, Chief Justice of the Supreme Court of
Pakistan ("Relations Between Federal and Local Judiciary").


8. (U) Each speaker was allotted only 20 minutes and time constraints
proved an obstacle to detailed question and answer sessions. The
only moment of controversy occurred when Pakistan's Chief Justice was
challenged regarding the treatment and detention of Pakistan's former
Chief Justice and other Pakistani jurists. The Chief Justice
responded that these measures would be lifted and many judges
reappointed in the near future.


9. (U) The second day focused on "Justice and the Challenges of the
21st Century" and "Islamic Sharia as a Universal Legal System in
Juxtaposition with Other Legal Systems of the World." The diverse
group speaking on 21st century challenges included:
--- Hon. John L. Murray, Chief Justice or Ireland;
--- Hon. Driss Dahak, Chief Justice of the Supreme Court of Morocco;
--- Hon Pierre Sargos, President of Chamber at the Court of Cassation
of France;
--- Hon. Dr. H.C. Mellinghoff, Justice of the Federal Constitutional
Court of Germany;
--- Hon. Dr. Bagir Manan, Chief Justice of the Supreme Court of
Indonesia;
--- Hon. Huang Songyou, Vice President of the Supreme People's Court
of the People's Republic of China; and
--- Professor Tania Sourdin, Australian Centre for Peace and Conflict
Studies, University of Queensland.


10. (U) Those addressing Sharia Law included a number of regional
and UAE-based experts:
--- Hon Muhammad Samid Al-Raqqad, President of the Court of Cassation
of Jordan;
--- Hon. Jalal Al-Din Muhamad Uthman, Chief Justice of the Supreme
Court of Sudan;
--- Professor Dr. Jassim Ali Salem Al-Shamsi, Dean of the Law
Faculty, UAE University, Al Ain;
--- Professor Dr. Muhammad Shalal Al-Ani, Dean of the College of Law,
University of Sharjah;
--- Hon. Shihab Abdul Rahman Al-Hamadi, Judge of the Union Supreme
Court of UAE;
--- H.E. Judge C.G. Weeramantry, Former Vice President of the
International Court of Justice, and Former Judge of the Supreme Court
of Sri Lanka;
--- Hon Judge Abdul Azia Al-Yaquobi, Judiciary Department, Emirate of
Abu Dhabi;
--- Professor Dr. Abed Al-Naser Mosa Abu Al Bassal, Dean of the
College of Sharia and Islamic Studies, University of Sharjah; and
--- Hon. Anees Muhamad Nuri Mashooh, Judge, Ajmaan Federal Appellate
Court.


11. (SBU) On the final day, Chief Judge Robert Henry was invited by
UAE MOJ Counselor Abdul Rahman Al Boloushi to participate in a
10-member committee to draft a communique summarizing the conference.
The 1-page "Abu Dhabi Declaration" focused on the uniqueness of the
conference as a venue for the exchange of views on issues of concern
to legal experts around the world, specifically experiences with
federal and unitary judicial systems; challenges facing justice in
the twenty-first century (including human rights, the environment,
globalization, and scientific developments),and repercussions for

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the development of law and the administration of justice. The
Declaration also noted the discussion of Islamic Shari'a as a legal
system, and not only as a jurisprudential heritage.

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CONCLUSION/COMMENT
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12. (SBU) STEALTH SELF-REFLECTION. The Conference focused largely on
federal/local court organization and jurisdiction, i.e., matters that
go directly to the heart of key issues the UAE judiciary faces today.
Not surprisingly, the Emiratis chose not to air their specific
problems publicly. However, conference organizers will likely report
to the UAE leadership and use submitted materials to study federal
models prevailing in the countries represented.


13. (U) FOLLOW UP QUESTIONS. UAE has already utilized the
newly-established relationships with world jurists to seek further
guidance in matters affecting the UAE judiciary. On April 28, 2008,
UAE Union Supreme Court President Abdool wrote to Chief Judge Henry
thanking him for participating in the conference and requesting
further information regarding the U.S. court system, specifically:
a) whether the U.S. Supreme Court has appellate jurisdiction to pass
on decisions by state Supreme Courts, and if so, what if any limits
on such appellate authority exist; b) whether the U.S. Supreme Court
can, on its own motion or on application of a party, assert authority
to hear a suit or claim pending in a local court if the Federal
Supreme Court believes the local court is slow in its proceedings in
a way damaging to justice; and c) whether any special judicial
standing attaches to the capital province in the United States by
virtue of its status. Dr. Abdool also requested a copy of the latest
U.S. Court rules.


14. (U) TIME AN IMPEDIMENT TO FULL DISCUSSION. The second conference
session on twenty-first century challenges offered what one would
expect from a summit of Supreme Court Presidents and Chief Justices.
Considering the strong and diverse field of jurists, this session
offered a unique opportunity to share views about trends in law and
legal systems. However, the small number of jurists called upon to
make presentations, and the short time accorded each presenter, were
serious obstacles to what might have been a much more meaningful
session. Nonetheless, useful exchanges included Professor Tania
Sourdin's impressive handling of the topic of court-based alternative
dispute resolution systems.


15. (SBU) DEMYSTIFYING SHARI'A LAW. The session on Shari'a law
appeared designed, at least in part, to de-mystify Shari'a for
Western conference participants and to demonstrate how Shari'a,
reasonably interpreted, is not only compatible with other systems of
jurisprudence but accommodates twenty-first century legal
developments. This session promoted the idea that Western and
Shari'a-based systems can co-exist cooperatively. The UAE is
entering into bilateral treaty relationships with most major Western
countries (with the notable exception of the U.S.) regarding Mutual
Legal Assistance, Extradition, and Judicial Cooperation on Civil and
Commercial Matters. This session may have been designed in part to
assuage concerns about entering into such relationships with
countries which follow Shari'a. For participants from countries with
Shari'a traditions, the session may have demonstrated the UAE's
commitment to Muslim principles even while it continues its
Westward-leaning ways. The UAE has relegated Shari'a largely to
matters of family law and personal status, and in December 2006
adopted statutory rules that ban traditional Shari'a punishments in
criminal cases (Federal Law 52 of 2006). The UAE walks a fine line
between its Arab Muslim loyalties and its desire to move Westward and
forward faster than many of its more conservative neighbors. The
conference may in part have been a UAE effort to persuade Arab
jurists that Western legal systems have much to offer and that the
adoption of elements of Western jurisprudence does not do violence to
the Shari'a underpinnings of Muslim legal systems.

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