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Legislation implementation delay may be aimed at right direction

Kuwaiti laws keep pace with changes in society

By Ahmed Al-Naqeeb Arab-Times Staff KUWAIT CITY, Dec 31, 2014:

Like everything else, law has come a long way from its origins, changing and developing towards the better, and Kuwait is no exception. “There has been a considerable change in Kuwaiti law since I started my practice in the field some very progressive and others a little restrictive,” said Nazih A. Hameed to the Arab Times as he shed light on the matter. With over 17 years of experience and currently working at Al-Markaz

Law-firm, Nazih citing an example, said that back in the day, if one is to incorporate a limited liability company, the field of operation would be practically open in that general trading and commercial operations were permissible for a single company allowing it have to a multitude of operations without reference to specific field. But nowadays, you’re going to have to acquire a specific license for a specific operation. Monopoly although this can be considered as a disadvantageous change, it did not come to be for no reason. Due to this change, the monopoly by large companies by virtue of their broad license to practice trade in general, has been reduced, offering more companies both local and international a chance to compete in the market, in their respective fields, giving further momentum to the application of the law of competition passed a few years ago. Nazih went on to mention that by comparison to other jurisdictions Kuwaiti laws seem to take time before the practical aspect of its implementation is seen on ground. Whether it is due to the late issuance of executive regulations and by-laws or the complexity of the content of the law, numerous lawyers have pointed out the same issue. When asked for his opinion on what the consequences of late implementation of a law would be, Nazih noted that while no law can be perfect, for the reason that society is ever evolving, therefore late implementation results in the law running the risk of becoming outdated from a socio-cultural aspect. For example, where a law passed in the year let’s say for example 2009 and is implemented in 2014, in this rapid pace of technological and socio-cultural exposure so much would have changed that the law by the time of its implementation would fail to address the then current problems. Development In his opinion, there is no clear cut answer to the question, and that one cannot blame either the legislative or the executive authority on this matter, because he believes that the issue is that the social changes and development are faster than the pace of the legislative process. He pointed out that this is not the case in all legislative fields, for in criminal law for example; it has not changed significantly for it to cause issues. But in the other hand, commercial law is always changing due to the large foreign population in Kuwait and the rapid exchange in intelligences and experiences. Bottom line, changes are always going to be required in the field of law, but it is always going to be for the better, as legislations are based on the need of the people correcting, inhibiting or causing social changes. In regards to Kuwait, the pace might me slow, but it is the correct pace aimed at the right direction.