VZCZCXRO0914
PP RUEHBC RUEHDE RUEHKUK RUEHROV
DE RUEHAD #0718/01 1690410
ZNR UUUUU ZZH
P 170410Z JUN 08
FM AMEMBASSY ABU DHABI
TO RUEHC/SECSTATE WASHDC PRIORITY 1096
INFO RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEHEE/ARAB LEAGUE COLLECTIVE

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 
------------------------------ 
 
¶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 
 
ABU DHABI 00000718  002 OF 003 
 
 
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 
 
ABU DHABI 00000718  003 OF 003 
 
 
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 
------------------ 
 
¶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. 
 
QUINN