DOCSLIB.ORG

Decision on Jurisdiction, and Partial Dissenting Opinion Of

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Decision on Jurisdiction, and Partial Dissenting Opinion Of INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON, D.C. IN THE PROCEEDING BETWEEN WAGUIH ELIE GEORGE SIAG AND CLORINDA VECCHI (CLAIMANTS) and THE ARAB REPUBLIC OF EGYPT (RESPONDENT) (ICSID Case No. ARB/05/15) ________________________________________________ DECISION ON JURISDICTION ________________________________________________ Members of the Tribunal Prof Michael Pryles, Arbitrator Prof Francisco Orrego Vicuña, Arbitrator Mr David A R Williams QC, President Secretary of the Tribunal Ms Milanka Kostadinova Representing the Claimants: Representing the Respondent: Mr Reginald R Smith H E Counselor Milad Sidhom Boutros Mr R Doak Bishop President of the Egyptian State Mr Kenneth R Fleuriet Lawsuits Authority King & Spalding LLP and Prof Dr A Kamal Aboulmagd Mr Hazim A Rizkana Helmy, Hamza & Partners/Baker & McKenzie, Egypt 2 TABLE OF CONTENTS I. PROCEDURE................................................................................................................ 3 A. Registration of the Request for Arbitration ................................................... 3 B. Constitution of the Arbitral Tribunal and Commencement of the Proceeding ................................................................................................................... 4 C. Written and Oral Procedure............................................................................. 4 II. BACKGROUND FACTS ............................................................................................... 6 III. THE SUBMISSIONS OF THE PARTIES ON JURISDICTION.................................... 10 A. The Respondent’s Memorial on Jurisdiction............................................... 10 Mr Siag ............................................................................................................. 11 Ms Vecchi ......................................................................................................... 12 Existence of an “Investment” ............................................................................ 13 B. The Claimants’ Counter-Memorial on Jurisdiction...................................... 14 Mr Siag ............................................................................................................. 17 Ms Vecchi ......................................................................................................... 19 Existence of an “Investment” ............................................................................ 20 C. The Respondent’s Reply on Jurisdiction..................................................... 22 Mr Siag ............................................................................................................. 23 Ms Vecchi ......................................................................................................... 24 Existence of an “Investment” ............................................................................ 26 D. The Claimants’ Rejoinder on Jurisdiction.................................................... 27 Mr Siag ............................................................................................................. 27 Ms Vecchi ......................................................................................................... 29 Ratione Materiae Objections ............................................................................ 30 E. The Hearing on 8-9 August 2006................................................................... 31 The Respondent’s Arguments .......................................................................... 31 The Claimants’ Arguments ............................................................................... 33 F. Post-Hearing Submissions............................................................................ 36 The Respondent’s Post-Hearing Submission................................................... 36 The Claimants’ Post-Hearing Submission ........................................................ 37 IV. EXAMINATION OF THE PARTIES’ SUBMISSIONS.................................................. 38 A. Alleged Lack of Jurisdiction Ratione Personae .......................................... 39 Documents of Egyptian Nationality Prima Facie Evidence Only ...................... 41 Mr Waguih Elie George Siag – Background..................................................... 43 Egyptian Nationality Law .................................................................................. 44 Applicability of Article 10 of the Nationality Law – Voluntary/Involuntary Acquisition of Foreign Nationality – Acquisition Prior to Seeking Permission.. 44 Article 10(3) – The One-Year Period........................................................... 46 Ms Clorinda Vecchi – Background ................................................................... 49 Acquisition of Egyptian Nationality.............................................................. 49 Loss of Egyptian Nationality........................................................................ 50 Articles 6, 7 and 8 of the Nationality Law.................................................... 51 Article 8 and “Foreign Women” ................................................................... 52 Is the Application of Egypt’s Nationality Law Contrary to International Law?... 55 B. Alleged Lack of Jurisdiction Ratione Materiae............................................ 58 C. Estoppel .......................................................................................................... 60 D. Abuse of Rights .............................................................................................. 61 E. Costs................................................................................................................ 61 V. THE DECISION ........................................................................................................... 61 Partial Dissenting Opinion of Professor Francisco Orrego Vicuña ............................... 62 3 I. PROCEDURE A. Registration of the Request for Arbitration 1. On 26 May 2005, Mr Waguih Elie George Siag and Ms Clorinda Vecchi (“Mr Siag” and “Ms Vecchi,” collectively “the Claimants”) filed with the International Centre for Settlement of Investment Disputes (“ICSID” or “the Centre”) a Request for Arbitration (“the Request”) directed against the Arab Republic of Egypt (“Egypt” or “the Respondent”). The Request invoked the ICSID arbitration provision of Article 9 of the Agreement for the Promotion and Protection of Investments between the Republic of Italy and the Arab Republic of Egypt dated 2 March 1989 (the “BIT”). 2. The Centre, on 2 June 2005, in accordance with Rule 5 of the ICSID Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (the “ICSID Institution Rules”) acknowledged receipt of the request and on the same day transmitted a copy to Egypt and to the Egyptian Embassy in Washington, D.C. 3. Thereafter, Egypt by letter to ICSID dated 29 June 2005 objected to the registration of the Request on the grounds that the dispute was outside the jurisdiction of ICSID. The Claimants responded by letter of 8 July 2005 stating that the objections raised by Egypt were entirely without merit. ICSID received further correspondence on this issue from Egypt dated 1 August 2005 and from the Claimants dated 4 August 2005. 4. The Request was registered by the Centre on 5 August 2005, pursuant to Article 36(3) of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (“the ICSID Convention”) and on the same day the Acting Secretary-General, in accordance with ICSID Institution Rule 7, notified the parties of the registration and invited them to proceed to constitute an Arbitral Tribunal as soon as possible. 4 B. Constitution of the Arbitral Tribunal and Commencement of the Proceeding 5. Following the registration of the Request by the Centre, the parties agreed on a three-member Tribunal. The parties agreed that each would appoint an arbitrator and that the third arbitrator, who would be the president of the Tribunal, would be appointed by agreement of the two party appointed arbitrators. 6. The Claimants appointed Professor Michael Pryles, a national of Australia, Level 18, 333 Collins Street, Melbourne, Australia and the Respondent appointed Professor Francisco Orrego Vicuña, a national of Chile, Abenida El Golf 40, Piso 6, Santiago, Chile. 7. The two party appointed arbitrators appointed as President of the Tribunal, Mr David A R Williams QC, a national of New Zealand, Bankside Chambers, Level 22, 88 Shortland Street, Auckland, New Zealand. 8. All three arbitrators having accepted their appointments, the Centre by a letter of 10 January 2006 informed the parties of the constitution of the Tribunal, and that the proceeding was deemed to have commenced on that day, pursuant to Rule 6(1) of the ICSID’s Rules of Procedure for Arbitration Proceedings (“the ICSID Arbitration Rules”). The parties were further informed that Ms Milanka Kostadinova, Senior Counsel at ICSID, would serve as Secretary of the Tribunal. C. Written and Oral Procedure 9. In accordance with ICSID Arbitration Rule 13(1), after consulting with the parties and the Centre, the Tribunal scheduled a first session, in Paris for 24 March 2006. By letter of 16 March 2006, the Claimants advised that no agreement between the parties had been reached on the procedural matters identified in the provisional agenda for the first session, which had been sent to them by the Tribunal’s Secretary.
Load more

Recommended publications
  • A Brief History of Coptic Personal Status Law Ryan Rowberry Georgia State University College of Law, [email protected]
    Georgia State University College of Law Reading Room Faculty Publications By Year Faculty Publications 1-1-2010 A Brief History of Coptic Personal Status Law Ryan Rowberry Georgia State University College of Law, [email protected] John Khalil Follow this and additional works at: https://readingroom.law.gsu.edu/faculty_pub Part of the Comparative and Foreign Law Commons, and the Human Rights Law Commons Recommended Citation Ryan Rowberry & John Khalil, A Brief History of Coptic Personal Status Law, 3 Berk. J. Middle E. & Islamic L. 81 (2010). This Article is brought to you for free and open access by the Faculty Publications at Reading Room. It has been accepted for inclusion in Faculty Publications By Year by an authorized administrator of Reading Room. For more information, please contact [email protected]. A Brief History of Coptic Personal Status Law Ryan Rowberry John Khalil* INTRODUCTION With the U.S.-led "War on Terror" and the occupation of Iraq and Afghanistan, American legal scholars have understandably focused increased attention on the various schools and applications of Islamic law in Middle Eastern countries. 1 This focus on Shari'a law, however, has tended to elide the complexity of traditional legal pluralism in many Islamic nations. Numerous Christian communities across the Middle East (e.g., Syrian, Armenian, Coptic, Nestorian, Maronite), for example, adhere to personal status laws that are not based on Islamic legal principles. Christian minority groups form the largest non-Muslim . Ryan Rowberry and Jolin Khalil graduated from Harvard Law School in 2008. Ryan is currently a natural resources associate at Hogan Lovells US LLP in Washington D.C., and John Khalil is a litigation associate at Lowey, Dannenberg, Cowey & Hart P.C.
    [Show full text]
  • Salem Case (Egypt, USA)
    REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Salem Case (Egypt, USA) 8 June 1932 VOLUME II pp. 1161-1237 NATIONS UNIES - UNITED NATIONS Copyright (c) 2006 XXXII. SALEM CASE '. PARTIES: Egypt, U.S.A. SPECIAL AGREEMENT: January 20, 1931. ARBITRATORS: Walter Simons (Germany), Fred K. Nielsen (U.S.A.), Abdel Hamid Badawi Pasha (Egypt). AWARD: Berlin, June 8, 1932. Mixed Courts in Egypt.—Denial of justice.—Capitulations of 1830.— Grammatical interpretation.—"Preparatory work".—Domestic jurisdic- tion.—Nationality and diplomatic protection.—Double nationality.— Effective nationality.—Fraudulently obtained nationality.—Affidavits as evidence. 1 For bibliography, index and tables, see Volume III. 1163 Agreement between the United States of America and Egypt regarding arbitration of the claim of George J. Salem. Signed at Cairo, January 20, 1931. French and English official texts1 transmitted to the Secretariat of the League of Nations by the Department of State of the Government of the United States of America, April 6. 1932. As the United States of America is not a Member of the League of Nations, it did not register this Agreement with the Secretariat '•'•. Whereas THE GOVERNMENT OF THE UNITED STATES OF AMERICA has presented to THE ROYAL GOVERNMENT OF EGYPT a claim in behalf of George J. Salem for damages resulting from acts of the Egyptian authorities: Whereas the Royal Government of Egypt has denied its liability in the premises ; and Whereas the two Governments are equally committed to the policy of submitting to adjudication by a competent tribunal all justiciable contro- versies that arise between them which do not lend themselves to settlement by diplomatic negotiations ; Therefore the undersigned William M.
    [Show full text]
  • Bangladesh Embassy Passport Renewal Form Washington Dc
    Bangladesh Embassy Passport Renewal Form Washington Dc someAri usually medications disrupts unfairly compliantly or refer or desulphurizedtegularly. Woodie thereof skunks when dialectally congested while Matthus meiotic astrict Sivert edifyingly bench anatomically and unblamably. or rebuked Ruinous geocentrically. and close Hari often gluing So i become one passport bangladesh embassy in the center of bangladesh and acquiring visas are accepted as reference has been offered a white background Travel Document Systems, Inc. Data Correction in MRP the printed MRP comes from Dhaka is intended to. Please note schedule could change without notice. Simply for visa application must be presented together with white background check with an actual signed by mail replacement! As age of embassy bangladesh consulate that was wonderful and you may contact form online application forms and visa are grateful, dc area for renewal. Online form here is that all forms are planning travel. The selected payment method does not support daily recurring giving. Required visa processing fees as applicable in respect of different countries. Any direct communication via email address with a washington dc or an apostille a visa prior approval for citizens in washington dc. Every requirement for renewal form must be prepared for bangladesh embassy passport renewal form washington dc, dc for various services from dhaka. Idaho Notary Public State Documents. Site at any restrictions vary greatly when you intent on entry requirements for application forms needed for. Fees On Time Visa Service Fee 10000 per visa 4-6 weeks Regular Process. The embassy account bangladeshi passport visa courier fee to enter bangladesh passport renewal form duly authorized person duly signed by appointment only.
    [Show full text]
  • Immigration and Refugee Board of Canada Page 1 of 4
    Responses to Information Requests - Immigration and Refugee Board of Canada Page 1 of 4 Immigration and Refugee Board of Canada Home > Research Program > Responses to Information Requests Responses to Information Requests Responses to Information Requests (RIR) respond to focused Requests for Information that are submitted to the Research Directorate in the course of the refugee protection determination process. The database contains a seven- year archive of English and French RIRs. Earlier RIRs may be found on the UNHCR's Refworld website. Please note that some RIRs have attachments which are not electronically accessible. To obtain a PDF copy of an RIR attachment, please email the Knowledge and Information Management Unit. 26 May 2016 EGY105528.E Egypt: Information on passports including appearance, requirements and procedures to obtain a passport, and whether passports can be obtained by a proxy (2010-2016) Research Directorate, Immigration and Refugee Board of Canada, Ottawa According to sources, the current Egyptian passport was first issued in January 2008 and has a validity period of 7 years (EU 4 May 2016; Keesing n.d.). Sources further indicate that there is only one version of the Egyptian passport in circulation (EFRR 16 May 2016; Attorney 14 May 2016). 1. Appearance and Security Features 1.1 Appearance According to sources, an Egyptian passport is a 52 page booklet measuring 125 x 88mm (EU 4 May 2016; Keesing n.d.). Keesing Reference Systems' document checker specifies that it contains the following features: • laminate: "front endpaper, clear holographic laminate, not sewn in, does not cover the whole page"; • photo: "integrated, repeated in smaller size"; • numbering: "8 digits, preceded by a letter, front endpaper, inkjet printing, page 1- back cover, laser perforated"; • "bearer’s signature on page 3" (Keesing n.d.).
    [Show full text]
  • 9-11 and Terrorist Travel- Full
    AND TERRORIST TRAVEL Staff Report of the National Commission on Terrorist Attacks Upon the United States 9/11 AND TERRORIST TRAVEL Staff Report of the National Commission on Terrorist Attacks Upon the United States By Thomas R. Eldridge Susan Ginsburg Walter T. Hempel II Janice L. Kephart Kelly Moore and Joanne M. Accolla, Staff Assistant Alice Falk, Editor Note from the Executive Director The Commission staff organized its work around specialized studies, or monographs, prepared by each of the teams. We used some of the evolving draft material for these studies in preparing the seventeen staff statements delivered in conjunction with the Commission’s 2004 public hearings. We used more of this material in preparing draft sections of the Commission’s final report. Some of the specialized staff work, while not appropriate for inclusion in the report, nonetheless offered substantial information or analysis that was not well represented in the Commission’s report. In a few cases this supplemental work could be prepared to a publishable standard, either in an unclassified or classified form, before the Commission expired. This study is on immigration, border security and terrorist travel issues. It was prepared principally by Thomas Eldridge, Susan Ginsburg, Walter T. Hempel II, Janice Kephart, and Kelly Moore, with assistance from Joanne Accolla, and editing assistance from Alice Falk. As in all staff studies, they often relied on work done by their colleagues. This is a study by Commission staff. While the Commissioners have been briefed on the work and have had the opportunity to review earlier drafts of some of this work, they have not approved this text and it does not necessarily reflect their views.
    [Show full text]
  • Parolin V9 1..190
    Citizenship in the Arab World IMISCOE International Migration, Integration and Social Cohesion in Europe The IMISCOE Network of Excellence unites over 500 researchers from European institutes specialising in studies of international migration, integration and social cohesion. The Network is funded by the Sixth Framework Programme of the European Commission on Research, Citizens and Governance in a Knowledge-Based Society. Since its foundation in 2004, IMISCOE has developed an integrated, multidisciplinary and globally comparative research project led by scholars from all branches of the economic and social sciences, the humanities and law. The Network both furthers existing studies and pioneers new research in migration as a discipline. Priority is also given to promoting innovative lines of inquiry key to European policymaking and governance. The IMISCOE-Amsterdam University Press Series was created to make the Network’s findings and results available to researchers, policymakers and practitioners, the media and other interested stakeholders. High-quality manuscripts authored by IMISCOE members and cooperating partners are published in one of four distinct series. IMISCOE Research advances sound empirical and theoretical scholarship addressing themes within IMISCOE’s mandated fields of study. IMISCOE Reports disseminates Network papers and presentations of a time-sensitive nature in book form. IMISCOE Dissertations presents select PhD monographs written by IMISCOE doctoral candidates. IMISCOE Textbooks produces manuals, handbooks and other didactic tools for instructors and students of migration studies. IMISCOE Policy Briefs and more information on the Network can be found at www.imiscoe.org. Citizenship in the Arab World Kin, Religion and Nation-State Gianluca P. Parolin IMISCOE Research This work builds on five years of onsite research into citizenship in the Arab world.
    [Show full text]
  • Out-Of-Country Voting Systems and Egyptian Elections: a Future Outlook
    American University in Cairo AUC Knowledge Fountain Theses and Dissertations 6-1-2012 Out-of-country voting systems and Egyptian elections: a future outlook Sherine Mohamed El-Saeed Follow this and additional works at: https://fount.aucegypt.edu/etds Recommended Citation APA Citation El-Saeed, S. (2012).Out-of-country voting systems and Egyptian elections: a future outlook [Master’s thesis, the American University in Cairo]. AUC Knowledge Fountain. https://fount.aucegypt.edu/etds/1092 MLA Citation El-Saeed, Sherine Mohamed. Out-of-country voting systems and Egyptian elections: a future outlook. 2012. American University in Cairo, Master's thesis. AUC Knowledge Fountain. https://fount.aucegypt.edu/etds/1092 This Thesis is brought to you for free and open access by AUC Knowledge Fountain. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of AUC Knowledge Fountain. For more information, please contact [email protected]. The American University in Cairo School of Global Affairs and Public Policy OUT-OF-COUNTRY VOTING SYSTEMS AND EGYPTIAN ELECTIONS A FUTURE OUTLOOK A Thesis Submitted to The Public Policy and Administration Department in partial fulfillment of the requirements for the degree of Master of Public Administration By Sherine El-Saeed under the supervision of Dr. Hamid Ali May 2012 The American University in Cairo School of Global Affairs and Public Policy Department of Public Policy and Administration OUT-OF-COUNTRY VOTING SYSTEMS AND EGYPTIAN ELECTIONS A FUTURE OUTLOOK Sherine El-Saeed Supervised by Dr. Hamid Ali ABSTRACT The 25 January revolution has created a new reality in Egypt.
    [Show full text]
  • Women in Egyptian Party Politics in Relation to the Media
    WestminsterResearch http://www.westminster.ac.uk/westminsterresearch Utilizing mass media in the political empowerment of Egyptian women. Aliaa Abdel Aziz Dawoud School of Media, Arts and Design This is an electronic version of a PhD thesis awarded by the University of Westminster. © The Author, 2010. This is a reproduction of the paper copy held by the University of Westminster library. The WestminsterResearch online digital archive at the University of Westminster aims to make the research output of the University available to a wider audience. Copyright and Moral Rights remain with the authors and/or copyright owners. Users are permitted to download and/or print one copy for non-commercial private study or research. Further distribution and any use of material from within this archive for profit-making enterprises or for commercial gain is strictly forbidden. Whilst further distribution of specific materials from within this archive is forbidden, you may freely distribute the URL of WestminsterResearch: (http://westminsterresearch.wmin.ac.uk/). In case of abuse or copyright appearing without permission e-mail [email protected] UTILIZING MASS MEDIA IN THE POLITICAL EMPOWERMENT OF EGYPTIAN WOMEN ALIAA ABDEL AZIZ DAWOUD A thesis submitted in partial fulfillment of the requirements of the University of Westminster for the degree of Doctor of Philosophy June 2010 ABSTRACT Egyptian women’s activists are widely regarded as pioneers in calling for women’s rights in the Arab world. However, the struggle for women’s rights in Egypt is a complex one that has led to many achievements, but has also involved numerous setbacks. The media has been central throughout this struggle and all of this has always taken place in a highly politicized environment, which involved changes in the state’s approach to women’s rights.
    [Show full text]
  • CONSOLIDATED LIST of FINANCIAL SANCTIONS TARGETS in the UK Page 1 of 31
    CONSOLIDATED LIST OF FINANCIAL SANCTIONS TARGETS IN THE UK Page 1 of 31 CONSOLIDATED LIST OF FINANCIAL SANCTIONS TARGETS IN THE UK Last Updated:01/03/2019 Status: Asset Freeze Targets REGIME: The ISIL (Da'esh) and Al-Qaida organisations INDIVIDUALS 1. Name 6: ABD AL-BAQI 1: NASHWAN 2: ABD AL-RAZZAQ 3: n/a 4: n/a 5: n/a. DOB: --/--/1961. POB: Mosul, Iraq a.k.a: (1) ABU ABDALLAH (2) AL-ANSARI, Abd, al-Hadi (3) AL-IRAQI, Abd Al- Hadi (4) AL-IRAQI, Abdal, Al-Hadi (5) AL-MUHAYMAN, Abd (6) AL-TAWEEL, Abdul, Hadi (7) ARIF ALI, Abdul, Hadi (8) MOHAMMED, Omar, Uthman Nationality: Iraqi National Identification no: Ration card no. 0094195 Other Information: UN Ref QI.A.12.01. (a) Fathers name: Abd al-Razzaq Abd al-Baqi, (b) Mothers name: Nadira Ayoub Asaad. Also referred to as Abu Ayub. Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. Listed on: 10/10/2001 Last Updated: 07/01/2016 Group ID: 6923. 2. Name 6: 'ABD AL-NASIR 1: HAJJI 2: n/a 3: n/a 4: n/a 5: n/a. DOB: (1) --/--/1965. (2) --/--/1966. (3) --/--/1967. (4) --/--/1968. (5) --/--/1969. POB: Tall 'Afar, Iraq a.k.a: (1) ABD AL-NASR, Hajji (2) ABDELNASSER, Hajji (3) AL-KHUWAYT, Taha Nationality: Iraqi Address: Syrian Arab Republic. Other Information: UN Ref QDi.420. UN Listing (formerly temporary listing, in accordance with Policing and Crime Act 2017). ISIL military leader in the Syrian Arab Republic as well as chair of the ISIL Delegated Committee, which exercises administrative control of ISIL's affairs.
    [Show full text]
  • Egypt Malek Online Version Ed
    v COUNTRY REPORT 2021/16 REPORT ON JULY 2021 CITIZENSHIP LAW: EGYPT AUTHORED BY DALIA MALEK © Dalia Malek, 2021 This text may be downloaded only for personal research purposes. Additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the authors. If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the year and the publisher. Requests should be addressed to [email protected]. Views expressed in this publication reflect the opinion of individual authors and not those of the European University Institute. Global Citizenship Observatory (GLOBALCIT) Robert Schuman Centre for Advanced Studies in collaboration with Edinburgh University Law School Report on Citizenship Law: Egypt RSCAS/GLOBALCIT-CR 2021/16 July 2021 © Dalia Malek, 2021 Printed in Italy European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) www.eui.eu/RSCAS/Publications/ cadmus.eui.eu Robert Schuman Centre for Advanced Studies The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe’s place in 21st century global politics. The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe’s neighbourhood and the wider world.
    [Show full text]
  • STATE SANCTIONED PERSECUTION of JEWS in EGYPT (From Research Conducted at the UNHCR Archives in Geneva)
    STATE SANCTIONED PERSECUTION OF JEWS IN EGYPT (From Research conducted at the UNHCR Archives in Geneva) by Stanley A. Urman June, 2003 (PLEASE NOTE: This does not represent an exhaustive survey but rather as a sample of such decrees and enactments) I) Discriminatory Decrees and Violations of Human Rights The first Nationality Code was promulgated by Egypt on May 26, 1926. According to this Nationality Code, a person born in Egypt of a ‘foreign’ father, (who himself was also born in Egypt), was entitled to Egyptian nationality only if the foreign father “belonged racially to the majority of the population of a country whose language is Arabic or whose religion is Islam.” 1 The requirement to belong “racially to the majority of the population of a country whose language is Arabic or whose religion is Islam” operated for the most part against Jews in Egypt, a great proportion of whom, through Ottoman subjects, could not thus acquire Egyptian nationality. Later, during the fifties, having failed to become ‘Egyptian’, this provision served as the official pretext for expelling many Jews from Egypt. On July 29, 1947, an amendment was introduced to the Egyptian Companies Law which made it mandatory for at least 75% of the administrative employees of a company to be Egyptian nationals and 90% of employees in general. This resulted in the dismissal and loss of livelihood for many Jews since only 15% of them had been granted Egyptian citizenship. 2 Under Article 3, Paragraph 7 of Emergency Law No. 5333 of 1954, on the Proclamation of a State of Siege in Egypt, the Military Governor of Egypt was authorized 1 Article 10(4) of the Code.
    [Show full text]
  • The Central Asian Ties of a Tenth-Century Muslim Ruler in Egypt
    THE CENTRAL ASIAN TIES OF A TENTH-CENTURY MUSLIM RULER IN EGYPT Jere L. Bacharach University of Washington (Seattle) he sultans who ruled Egypt and Syria between 648 Al-Ikhshid, whose full name was Abu Bakr T AH/1250 CE and 792/1390 were born in Central Muhammad ibn Tughj ibn Juff, was the third Asia or were direct descendants of Central Asians. generation of his family to serve the ‘Abbasid The earlier Tulunid dynasty (254–92/868–905) was caliphate.1 His grandfather, Juff, was among the founded by the son of a Central Asian named Tulun mamluks imported from non-Islamic Central Asia, who had been brought into the Islamic world to serve probably the Ferghana region. His father, Tughj, in the ‘Abbasid caliph’s military as a mamluk (slave began his career in Iraq where Muhammad b. Tughj soldier). There is very little evidence that in either was born on 15 Rajab 268/8 February 882. Tughj went period these military rulers highlighted their Central on to serve the Tulunid dynasty of Egypt and Syria. Asian origins through titles or the use of symbols He held the governorships of Damascus, Tiberias, and specifically tied to their family origins (Treadwell 2017, Aleppo and was one of the most important Tulunid p. 37). An exception is the policies of one Muhammad generals.2 Muhammad b. Tughj gained his first ibn Tughj ibn Juff (323–34/935–46), the grandson of administrative and military experience during this a Central Asian-born mamluk, who established rule period, serving as governor of Tiberias for his father over Egypt and Palestine of the dynasty known as the (Ibn Saʻīd 1899, p.
    [Show full text]