الفهرس 
الفصل الاول الاطار العاميوجد فقط 14 صفحة متاحة للعرض العام
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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 historical
development 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.