The Basic Statute structure

Sultan Qaboos130 _{issued a royal decree (R.D.)}131 _{on 6 November 1996}

promulgating the ‘Basic Statute of the State’ (OBSS). The OBSS comprises seven chapters and 81 articles. The first chapter covers ‘The State and the System of Government’, which consists of nine articles. It sets the religion of the state, the language and the basis of legislation. It stresses that the system of government is a hereditary sultanate (monarchy) and stipulates how the succession to the throne is organized.132 _{The second chapter covers ‘Principles Guiding State Policy’}

with regard to the country’s economy, political process, social culture and security. These are only guiding principles, which provide some direction for government to follow its strategies, make decisions and develop legislation. The principles establish a basic framework that permits regular and predictable advancement together for the government and political process.133

‘Public Rights and Duties’ is the third chapter, comprising one third of the OBSS and consisting of 26 articles. Most articles are in relation to public rights and civil liberties and the remaining four articles are about public duties.134 _{The OBSS has a fourth chapter entitled ‘The Head of the State’,}

which is comprised of 17 articles.135 _{The first three articles consist of the}

130 _{He has been the sultan of Oman since 23 July 1970 and he is 74 years old.} 131 _{R.D. 101/96.}

132 _{R.D. 101/96.} 133 _{R.D. 101/96.} 134 _{R.D. 101/96.} 135 _{R.D. 101/96.}

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sultan’s powers and functions. This chapter describes the main institutions in the state and the distribution of government , which include ‘The Sultan’, ‘The Council of Ministers’, The Prime Minister, ‘His Deputies and Ministers’, ‘Specialised Councils’ and ‘Financial Affairs’. The existence of these institutions in this chapter could indicate that the sultan controls them more than the Omani Council and the judiciary. A bicameral chamber comprises the Consultative Council (Majlis A’Shura) and the State Council (Majlis A’Daula), which are introduced in the fifth chapter, the ‘Oman Council’. Both councils’ powers, sessions and procedures were unconventional, and it was left for external law to regulate their duties. However, the amendments to this chapter, introduced in 2011, established more powers and determined the sessions and procedures for both councils.136

The 13 articles regarding the judiciary are covered in Chapter 6. That chapter also deals with the role of the public prosecution and attorney general, which share a part under the Omani legal system.137 _{It should}

be mentioned that the OBSS138 _{repeats the verses ‘law’ and ‘laws’}

approximately 103 times, which emphasizes the rule of law as one of the basic statue objectives to be applied in the future. The ‘General Provisions’ section is delivered in the last chapter, with 10 articles that highlight the significance of international treaties in domestic law, together with regulating the relationship between the Basic Statute and existing laws.139

136 _{OBSS, R.D. 101/96.} 137 _{R.D. 101/96.}

138 _{R.D. 101/96.}

139 _{OBSS, R.D. 101/96. It should be noted that Article 72 gives the international}

agreement importance when the Basic Statue is applied, which states ‘The application of this Basic Statute shall not prejudice treaties and agreements the Sultanate has entered into with other countries, international institutions and organisations’. This means that the domestic laws must be in line with international agreements.

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It should be noted that the above chapters consist of characteristics in terms of the preservation of culture and recognizing IPRs.140 _The

following section aims to explain the features which are linked to this study.

2.3.1.1 Salient features of the Omani Constitution

The Constitution of Oman has features that distinguish it from other constitutions. In general, a constitution can be categorized into different types, for example, written141 _{and flexible, aimed at non-democratic,}

absolute monarchy142 _{and unionist systems. The Omani Basic Statute can}

be classified as a flexible constitution that can be amended without any limitations, such as deadlines, compulsory principles or protecting articles.143 _{Constitutional law is the basis of legislation, and all laws must}

conform to it, since a constitution contains a number of principles that affect the state’s approach to the issuance of laws and regulations and the achievement of their enforcement. It is essential to examine the characteristics that may affect the state when implementing its domestic laws, including the IP framework, as well as the courts when they deal with any cases in particular relating to IP issues. The courts’ role will be explored in the analysis within the following part. The following are the salient characteristics of the Constitution of Oman.

140 _{There are other unique features such as the importance of law, the independence of}

judiciary and the significance of international treaties in domestic law. However, this study will explore the features that are linked to this study.

141 _{A written constitution defines ‘a formal document defining the nature of the}

constitutional settlement, the rules that govern the political system and the rights of citizens and governments in a codified form’; see politics.co.uk, ‘Written Constitution’ (2015) <http://www.politics.co.uk/reference/written-constitution> accessed 28 September 2015.

142 _{Which means ‘a state ruled by a single absolute hereditary ruler’ see Vernon}

Bogdanor, The Monarchy and the Constitution (OUP 1997) 1.

143 _{Hussain Alsalmi, ‘Oman’s Basic Statute and Human Rights: Protections and}

Restrictions with a Focus on Nationality, Shura and Freedom of Association’ (PhD thesis, University of Manchester 2012).

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