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Impact of International Jurisdiction on the Applicability of Jordanian Civil Law: A Comparative Analysis

  • Naim Mathlouthi
  • , Nadia Qozmar
  • , Najlaa Flayyih
  • , Mahmoud Odeh
  • , Hala Alsabatin
  • , Hani Aljahdali
  • Prince Mohammad Bin Fahd University
  • Jerash Private University
  • Zarqa University
  • University of Business and Technology

Research output: Contribution to journalArticlepeer-review

Abstract

The relationship between international jurisdiction and local legislative jurisdiction is a fundamental foundation of the legal framework that promises equality and state sovereignty to the Jordanian state. This study aimed to examine the effects of the process by which the Jordanian courts establish their jurisdiction over international legal systems. The study used a qualitative research design to assess how the Jordanian legal framework is affected by international jurisdiction and implementation of its own legislation. The data relevant to the subject of international jurisdiction and conflict of laws was gathered from legislative texts and court rulings from Jordan and other countries (primary); the secondary data was sourced from legal books, scholarly articles and legal precedents. A comprehensive content analysis method was adopted to identify important themes and patterns. The results revealed that the Jordanian domestic courts may handle conflicts involving private international business between international entities; however, owing to their heavy focus on indigenous legislative powers, the judges in the domestic courts interpret and apply legislations relevant to their own areas of competence to handle conflicts of international jurisdiction. Their argument is that the execution of international laws may get impacted by a variety of reasons, including the need to maintain public order, outside influences, and differences in legal processes. Theoretically, this study contributes to the domain of jurisdictional frameworks establishing it a growing field of study; while practically, the findings of this study would help people and organizations understand their rights and responsibilities within national and international legal systems, and to act within the scope and limitations of judicial jurisdictions.

Original languageEnglish
Pages (from-to)228-240
Number of pages13
JournalInternational Journal of Criminal Justice Sciences
Volume19
Issue number1
DOIs
StatePublished - 2024

Keywords

  • Conflicts
  • Domestic Courts
  • International Jurisdiction
  • Jordan
  • Legislative Jurisdiction

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