الفهرس | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص The ancient communities did not recognize any rights for the foreigners over its territories where the foreigner was looked at as an enemy and therefore he is always threatened because he is classified under slavery and is not covered by any legal protection. The foreigner remained so over successive time periods where he was deprived of the legal identity in those communities; and was also deprived of his right in marriage, possession, litigation & inheritance. But with the development of the communities, the formation of the countries and the interferences of the relationships between them, things became restrained. The idea of this research is based on the study by the Foreign Legal Centre in the light of the modern regional confederations where two of confederations are covered: The Gulf Cooperation Council and the European Unity Organization where aspects of similarity and variations between them were covered. In both confederations, the foreigner who lives in any of the countries which form these confederations has a distinct feature compared with the foreigners from outside the conglomerate of these countries. The Study Importance of the Study: The importance of this study arises from showing that the developing regional confederations i.e. The Cooperation Council for the Arab Gulf Countries and the European Unity Organization, have many similar common factors which were the direct reason for theredevelopment. There were political factors where the similarity in the foreign policies represent an important factor which push people to accelerate the merging, unity and the common coordination towards the international affairs which touch the interests of the conglomerate countries. There are also civilization and ideological factors which take the form the unity of language, religion, civilization, and the common history for the Cooperation Council Countries. There are also geographical factor which ease the interaction and the cooperation between the nations of these countries and Economical Factors which take the form of similarity in: the infrastructure, development plans and the strategic projects in addition o the interaction with the external world from economy, trade aspects and the building components of the countries and their economical resources. The Goals of the Study: This Study aims at highlighting the following points: 1) Defining the Legal Centre for the Foreigner who is a citizen in one of the countries which are part of a certain regional conglomerate in terms of the existence in any of its countries. 2) Defining the nature of the regional confederations and their role in activating the policy and the international relationships. 3) Activities related to the foreigner especially in the fields of investment including their related procedures, facilities and incentives; and their role in activating the positive aspects which are resulted in the affiliation of these countries in regional confederations. 4) The Foreigner attitude and his situation and the necessity for his presence in a certain country and the rules which govern his presence. 5) Making a comparison between various aspects of conformity and differences between the Gulf Cooperation Council and the European Union Countries. This Study included Four Chapters. The First Chapter titled ”The Legal Centre for Foreigners”. It included the following three Sections. The First Section covered (Meaning of Legal Centre for the Foreigner) which explained the contemporary reality including the globalization which represent a new reality which originated by the condition of interactions between the various political entities and which was resulted from the social movements, economical exchange, international trade, modern technology, communications revolution, and some aspects related to this ….. ending with what the researcher concluded about the concept of the foreigner position which was defined as ”That amount according to which the individual who exists in a certain country, who does not carry its nationality and what are his commitments and his own rights which enable him to live a normal life on the one hand and which obstructs him other rights and commitments which are enjoyed by the citizen who belongs to that country i.e. which he carries its nationality.” Regardless whether this individual carries another country nationality or if he had no nationality of any country. This was the situation since the start of the relationship between the countries and those foreigners who landed over these countries across the history …… The Natural Life means that amount of rights relate to the personality which are required by the necessities for the humanitarian interaction between the components of our contemporary world and what was imposed by the reality which made it include various interactions. As for Section Two titled ”The Historical Development of the Legal Position for Foreigners”. It covers the historicaldevelopment of the subject through studying the legal position for the foreigner in the Greek and Romanian rights and the legal position for the foreigner in the Islamic Sharea. And the legal position of the foreigner during the time of foreign privileges which means that time era which existed with the downfall and weakness of the Ottoman country. During this time period, the Ottoman country granted rights to its European foreign residents on its territories which exceed those rights granted to its citizens which resulted in many matters. And finally, the Legal Position of the Foreigner in the modern era. Then comes the Third Section Titled ”General Principles which Organize the Legal Position for the Foreigners”. It presents the trends which form the International Law concerning he position of the foreigner concerning the legislations approved by the countries concerning the foreigners and the international, dual and the group treaties in which the country forms part of it in terms of the entity of the foreigner as a human and in terms of that foreigner resides legally in the country region. Finally, the position of the foreigner as he resides according to emergency situations. Chapter Two Titled ”The Modern Regional Political Confederations in the International Law”. This Chapter included the following three Sections: Section One Titled ”The Common Factors for Setting Up the Regional Confederations”. This Section covered the concept of regionalism and the factors for setting up the regional organizations which are: (Neighborhood, Geographical Extension, Political Considerations, Social & Ideological Considerations, Economical Considerations). Section Two Titled ”The Cooperation Council for the Arab Gulf Countries” since its set up on the twenty fifth of May 1981 … and the objectives of their setup which are ”In achieving the coordination, integration and the correlation between the member countries in all aspects reaching their unity ….. and deepening the links, relations and aspects of cooperation existing between its nations in different aspects ……. And introducing similar systems in various aspects including the economical and financial affairs, social, health, media, tourism, legislative and administrative aspects …… and pushing the wheel of the scientific and technical progress in the fields of industry, mining, agricultural, water and animal wealth and the set up of scientific research and set up of common projects and encouraging the cooperation of the private sector for the benefit of their nations.” And the authorities from which the council consists of and the most important incentives which encouraged to set it up and the steps for co-ordinations between the member countries in the security, military and other fields including (Unified Economic Treaty, Customs Union, Common Gulf Market, Efforts of the Monitory Treaty, Cooperation in the fields of financial monitoring and coordination in the field of energy and petrol, he common work in the frame of political and economical coordination and the common work in the fields of the legal unification and attempts to unify between the systems and laws. And cooperation between the legislation administrations in the member countries and cooperation between the public prosecutions and the public lawsuits and the cooperation between the legislative councils. It also covered the human rights in the Council Countries and the common work in the fields of education and the comprehensive development document for education and the common work in the social field which includes several fields including : Woman, childhood & family & those with special needs and cooperation with the regional and international organizations and the common work in the cultural field which is based on the shared cultural work over the objectives stated in the cultural development plan in the Gulf Cooperation Countries and the common work in the field of developing the human resources which concentrates on he affairs related to the work and labor force such as laws in the field of civil service and social insurances, civil pension, administrative development, employment, incoming labor force and the population structure and other items which are related to the integration between the council countries in the work markets and its laws …… his is in addition to the civil service and the administrative development and the common work in the health field and the performances achieved in this field and the coordination concerning facing the disasters and the environmental awareness and the common work in the field of housing and in the field of caring about the youth. Section Three Titled (The European Union), explained briefly using the historical data, the attempts in the history of the European Continent for the unification of the European Countries, stages of the process of the European decision-making and the common European market which was achieved through steps of common work and the coordinating policies towards the internal affairs in the economical activities fields through common policies according to which the member countries concede their sovereignty in certain fields in favor of the group institutes which develop a shared policy which becomes compulsory for all the member countries. Then, the section covered the factors leading to the success of the European Union including overcoming the ideology. Accelerating steps in implementing the unity principles, transparency, commitment, main rights convention for the European Union and the human rights in the European Union and the European Court for Human Rights and the European Commissariat for Human Rights. Chapter Three was Titled ”The Requirements for Presence of the Foreigner and the Laws Applied to him”. This Chapter included the following three sections. First Section Titled ”The Requirements for Presence of the Foreigner on the Territory of a Certain Country”. This section covered the categories which exist on the country’s region according to certain requirements. These categories is comprehensive in terms of the laws rules which organize the residence of foreigners and diversity of standards for accepting the foreigner who is classified as a tourist from one country to another and covering some of these categories which represent an existence to the refugees on the country’s territory such as Political Refugees and the rights given by the Islamic Sharea for the Refugees and their rights based on the treaty related to the situation of the refugees (Genève Treat in Year 1951). Also, the refugee rights in the countries in which they reside and the international feature of the political asylum and the formation of the setup of the High Commissionate for the United Nations (UNHCR) based on a decision by the Public Committee Number 319(4) in Year 1949 and the differentiation between the refugee and other foreigners. Section Two Titled ”The Legal Nature for the Foreign Investor and the Foreign Labor Force” and presents the concept of investment and the investment at the level of the national economy and the economical concept of investment and the direct foreign investment and the importance of the investment and the investment policies, and the negative influences of the foreign investments and the factors which encourage the investment and the advantages which are available for investments in the Cooperation Council Countries. Section Three Titled ”National Laws which touches the Foreigner” where the first of these laws is the law governing the residence of the foreigners which is characterized of the rise of the authority of the country and its institutions and its procedures in organizing it and the work laws which interact directly with the international legislations in this framework. According to what was approved on the international arena in terms of principles which must be followed and which are related to the rights which were approved to the worker and the commitments which are forced on him and which they does not get out of the principles of the International Work Organization and the other Regional Work Organizations. The investment laws which are related to a certain category of foreigners and whose presence in the country region must be considered with a certain considerations which are related to investment, commercial and economical activities. Chapter Four Titled ”The Role of the Regional Confederations in Promoting the Legal Position for the Foreigner”. This Chapter contains the following three Sections. Section One: Presented the role in the Cooperation Council Organization for the Arab Gulf Countries showing what characterizes the common identity for the Council Countries which take the form of the Geographical extension of the territories of the Cooperation Council Countries. This represents an important factor in the ease of communication of the nations of these countries. This became one of the natural giving across the successive historical time era. This would result in that those nations belonging to the Arab Identity and then the unity of the civilization and the history. Also, the social movement and the same language had a distinct role in the extension and in the existence of the nations of these countries spreading over their land territories the Arab Peninsula. Hence, the spread of the Islamic Religion which influenced effectively in the social values and was another distinct factor in finding a common background for the similarity in the ordinary life practices such as the appearance, clothes, customs and traditions in various ceremonies and even the dealing with the others but preserving the values and instructions of the religion and preserving the tribal values and traditions which is referred to the common social values. The Arab Gulf Area is considered as one of the most Arab Nation Areas homogeneity not only because of its cultural and civilized history, but because of its natural homogeneity and its geographical approximation and its social and economical structural similarity. And then presenting (The Situation and the Legal Position of the Citizen belonging to one of the Cooperation Council Countries inside the Organization Countries). Section Three Titled ”Comparisons of the Position of the Foreigner within the Systems of the Cooperation Council Countries and the European Union Countries). The Section reached the following final research results : The Regional Confederations became a reality required by the current accelerated situations which govern the relations between the international society individuals and which are imposed by the positive interactions such as the economy, globalization, communications revolution and information technology. And attempting to achieve a better standard of living for the society’s individuals and a better standards of the competitive and negotiable force and the common coordination and expanding the markets and the inter-trade. Hence, it is a new framework which governs the international relations with determinants which characterized by dealing with the features and the political problems and dealing with the ideology and the intellectual direction and dealing with some confidentiality towards these confederations and nations subordinated to them. On the other hand, these confederations form a positive factor a positive factor in developing the international relations through exporting their principles and its positive values and its successful experiences to utilize it within the concept of the international interactions. This may comes as the consequence of the direct interaction between the individuals of the international society where the European values towards the citizenship, which is currently applied within the framework of the European Union Countries, attracts the respect and appreciation in many of its aspects and is considered as a model for the opening and the desire in removing the differences between those who belong to the nations of this group. • The Human being came as the priority of attentions given to the regional work – for both regional entities which are the subject of the study – where the European Union Group concentrated on the human being as it is an axis for the effectiveness of the political group and its ideological trends. The concept of (Individual rights and its freedom) precedes various arrangements and around which concentrates all the practices and the laws. The primary rights convention for the European Union started its preface confirming the common values and the desire in participating in a secure future which is based on general values which are un-dividable for the humanitarian indignity, freedom, equality and solidarity on the basis of democracy and the power of the law and recognizing the citizenship for uniting and creating an area for freedom, security and justice. Practicing the rights came in very advanced formulas if measured with similar regional experiences especially in the European Union. Regardless of the text on the right in guaranteeing life for each individual, which is something stated by all the international treaties and stated in various constitutions, and the individual’s right in freedom and security and his right in respecting his private, family, house and communications life and his right in protecting his own personal information. But the right in the freedom of movement and residence inside a region of the member countries which may results in other rights such as the right for education and obtaining the continuous professional training and receiving free compulsory education and the right to work and practice a profession chosen by the individual or accepts it freely and the right to search for a job and practicing the right for construction and providing the services in any member country and the right to manage a commercial work according to the organizing rules. Also, the right to get free employment services and the right to get health and prophylactic care and utilizing the medical treatment according to the existing conditions. This is explained that this right is practiced by the individual who is subordinated to this group in any of its countries in equal terms with its original citizens which is the right guaranteed by the law. • In the European Union, there is a pack of rights necessitated by the nature of the population structure and the ideological for the national subordinated to the member countries in this union where there are nations which belong to various roots and who speak with several various languages and who have several religions. These rights were stated as follows: ”The right for each individual in the freedom of intellect and religion (this includes the individual’s right in changing its religion or doctrine and the freedom for declaring this doctrine or religion, education, practicing the religious rituals either alone or through meeting the others either overtly or confidentially”. Also he has the right in the freedom of expression which includes the right to get the opinions and receiving and transferring of the information and opinions without any interference by the public authority. Also, the union must be respected for the diversity of the cultures and traditions of the European Nations and the national identities for the member countries. Concerning the freedom of practicing the economical activities in the Cooperation Council Countries Group, it moved in several positive steps through deciding the right by the those countries to possess the property in the member countries for various purposes i.e. residential and investment and the freedom to transfer the capital and possessing the companies shares, the contribution and the transfer of its ownership and allowing for practicing all the economical activities and professions according to certain controls which ensure that practicing these activities by normal individual from the council countries citizens. Also, the Legal Persons owned completely by the council countries citizens, have the right to get all the services which enable them to practice their work and the right in getting the necessary visas required for their foreign workers and technicians and the right in a greater opening from more than one branch to practice these activities inside the country provided obtaining the licenses required for this. • In the European Union: Granting the European Citizen who belongs to any of the group countries, the right to vote and candidacy in the European Parliamentary Elections; also voting and candidacy in the Municipal Elections in the member country in which he resides based on the same conditions which are applied on the this country’s citizens; and has the right in obtaining the European Parliamentary Documents; and the right is submitting an appeal to the European Parliamentary which is the ceiling which exceeded what existed in the Cooperation Council Countries Group. The Woman was referred to in the European Union Group within the text of equality between women and men in all fields include the job, work and wages. The equality imposes rights which are similar between the women and the men and which include (Guarantee the freedom of movement and freedom of establishing a friendship relations and the right to respect the private and family lives; and the right for marriage and the formation of the family and the right in the intellect freedom and the right to receive and transfer of information and ideas without the intervention by the authorities and the right to receive education and getting the continuous professional training and receiving the free education and the right to wok and practice the selected profession or accepting it freely and the right to search for a job and the right in managing a commercial work according to the laws organizing this; and the right in obtaining free employment services; and the right in owning, using and inheriting the possessions which the individual obtained legally; and the right in obtaining the health and protective care; and the right to utilize from the medical treatment according to the conditions deciding this; and the right for voting and candidacy in the European Parliamentary Elections and in the Municipal Elections in the member country in which the foreigner resides. This way, the standard for approving these rights apply because they achieve equality between the woman and the man according to the European values and the items of the international declaration for the human rights and what stated in the constitutions of the group countries. As for the economical arena, it was confirmed enabling the woman economically to promote its social and familial role and increase her participation in the work market and concentrating on habilitation, training and developing the social insurances systems and the civil pension which helps in increasing her economical participation and rationalizing the technology to open new work opportunities for the woman. As for the social field, confirming the necessity for improving the status of the poor woman and assisting her in merging in the social life and protecting the woman from different forms of violence and attempting to eradicate the illiteracy between the girls and women in a way which matches the Islamic Sharea Rules; and developing the laws related to the woman and to increase the awareness of the society in general and the woman in particular of her legislative and professional rights as approved by the Islamic Sharea. On the other hand, there are many objectives which were attempted by the Common Gulf Work to enrich the personality of the Gulf Citizen. This subject is related to the human being and building his awareness and potential to enable him to cope with the humanitarian development through implementing several shared activities which are performed periodically in the member countries and which include the fields of plastic arts and the Arab Line, public culture, literate creativity and literate critics, child’s culture, administrative training in the field of activating the cultural work and the theatrical work across the permanent committee for the local parties, the song and other activities to achieve the communications between the council countries citizens and achieving the equality between them. Also, approving the concept of equality in dealing with council countries citizens who reside in any of these countries as the same as the citizens of the country itself in utilizing from the youth and sports institutes and promoting the group sports work and utilizing from the specialized sports centre and the medical laboratories and finding an effective partnership with the sports means of media and adapting them in developing the sports movement in the council countries. This was translated in what previously researched in a previous chapter in this study where we can confirm here, that this is considered as a gain which is characterized by the Gulf Citizen and which gives him the confidentiality over other citizens in the other Arab Countries or others in terms of the foreigners who reside on the territories of any of the Cooperation Council Group Countries. • In the European Union, the approval of the rights was considered as an advanced gain which reflects the extreme attention given to the human being i.e. (The European Citizen) which is the right on the diplomatic protection which was decided to be the right for each European Citizen to enter under the diplomatic protection into any country of the European Union Countries outside the boundaries of the union, in terms of embassy and consulates of the union countries, in case of non-presence of any diplomatic representation to the citizen’s country in the countries in which he needs this type of protection. This is something which is not available for the citizen within the Cooperation Council Group for the Arab Gulf Countries. |