Legal Protection for the Partnership Agreement Parties
Vol 26 No 1 (2026): June 2026

THE STATUS, PROCEDURE AND IMPLEMENTATION OF INTERNATIONAL CONVENTIONS IN THE OMANI CONSTITUTION AND LEGISLATION

Fahad Al Aghbari (Lecturer in Law, Faculty of Law, A’Sharqiyah University, Oman)
Muhamad Sayuti Hassan (Senior Lecturer, Faculty of Law, Universiti Kebangsaan Malaysia, Bangi, Selangor, Malaysia)
Norfadhilah Mohamad Ali (Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM), Nilai, Negeri Sembilan, Malaysia)
Nurhafilah Musa (Senior Lecturer, Faculty of Law, Universiti Kebangsaan Malaysia, Bangi, Selangor, Malaysia)
Nizar Qeshta (Associate professor, Faculty of Law, A’Sharqiyah University, Oman)
Salim Al Musalhi (Assistant professor, Faculty of Law, A’Sharqiyah University, Oman)



Article Info

Publish Date
18 May 2026

Abstract

The Basic Statute of the State in the Sultanate of Oman grants ratified international conventions the force of law and outlines the procedures that the government and Parliament must follow before joining these treaties. However, Omani legislation varies in its treatment of international conventions. This study explores four scenarios in which these conventions interact with domestic legal frameworks. First, a convention may override the Constitution. Oman was a party to it before the Constitution’s enactment. Second, an international convention may take precedence over domestic laws when explicitly referenced. Third, national laws may prevail over conventions through explicit legislative decrees. Fourth, both international conventions and domestic laws may hold equal legal weight, raising questions about which authority prevails in cases of conflict. This study employs a Comparative legal analysis to examine the hierarchical relationship between international conventions and domestic legislation in  Oman. It investigates the challenges faced when  Parliament reviews international conventions, including their constitutional alignment, legal impact, and judicial applicability. The research highlights strengths and weaknesses in Oman’s legislative approach to international agreements and identifies gaps in the procedures leading to their ratification. The findings emphasise the need for a clear legal framework defining the supremacy of international conventions in Omani law. The study underscores the importance of aligning national bylaws with ratified international agreements and calls for explicit judicial criteria to resolve conflicts between domestic and international legal provisions. Furthermore, it stresses the need to enhance Parliament’s role in treaty evaluation to ensure consistency with constitutional and legal principles.

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Journal Info

Abbrev

al-risalah

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, ...