Introduction:
Despite divergent histories and forms of government, there is surprising resemblance among the various judicial systems of the Arab world. Some Arab countries experienced French rule; others were occupied by Great Britain; still more managed to maintain complete independence. Some Arab countries are republics; others are monarchies. Some have tried to build viable parliaments; others have avoided this. Some experienced a wave of socialism; others never attempted a socialist experiment. All these differences have left their imprint on the judicial system, but an external observer is still far more struck by the similarities in court structure, judicial organization, administrative support for the courts, judicial training, and so on.

Because of their similarity, Arab judicial structures tend to have certain common strengths and weaknesses. Their strengths are notable; a professional and respected judicial corps has been built in most Arab countries, sometimes in spite of economic and political difficulties. Procedures have been written to guarantee citizens the assurance that their disputes will be handled seriously and competently; if mistakes are made then avenues for appeal are clear. And many Arab countries have taken strong, positive steps to increase the integrity and the professionalism of their judiciaries in recent years. Some countries have raised salaries; some have reorganized their judicial councils to give them greater independence; some have reined in exceptional courts; and some have devoted resources to training and continuing education.

Taken as a whole, the body of Arab judiciaries has begun an important reform process. In order to continue that reform, attention might be paid to the following areas (all of which are suggested and debated in the Arab countries rather than imposed from the outside):

• Administration of justice
  Here two issues have arisen in most Arab countries. First, it is very common to hear from those involved in the legal system that administrative support for the courts is inadequate. Clerks, experts, process servers, and other key personnel are overworked and underpaid. In some countries, the effort to improve training and salaries for judges has paid off in a greater level of professionalism. However, without a similar effort being launched aimed at other key personnel, the full benefits of reform may not be felt.
  
  Second, in many Arab countries, tensions have emerged between the judiciary and the Ministry of Justice over budgeting and administrative support for the courts. The strongest judiciaries in the region have been entrusted with a high degree of oversight over such issues without the participation of executive branch officials. Those countries that have not allowed their judiciaries a strong role are likely to come under continued pressure to reform.
• Exceptional courts
  Resort to exceptional forms of justice is far less frequent in the Arab world than it was a couple decades ago. Those countries that feel that security or other concerns necessitate special procedures have often worked to turn exceptional courts (which have procedures and jurisdiction defined on an emergency basis) into specialized courts (that are far more well grounded in law). This is a clear step in the direction of improving the rule of law. However, such a strategy can work best if such specialized courts have procedures that resemble the regular judiciary as much as is practicable and also a degree of oversight and participation from professional and trained judges. Even in such cases, the move against a unified judicial system has its costs for the rule of law.
• Constitutional language
  Earlier Arab constitutions generally contained only brief provisions for the judiciary. As constitutions grew longer, many in the Arab world began to regard them cynically as promises made that were never meant to be kept. Such cynicism is a mistake. Constitutions can be very accurate reflections of political reality, and strong constitutional provisions for the judiciary do help protect it from politicization. Further, the judiciary can assist in cultivating a sense of respect for the constitution, as it has recently done in Egypt. In general, the move toward accepting judicial review and to specifying (rather than merely proclaiming) the principle of judicial independence are hopeful signs. The draft Palestinian constitution may provide a model for other Arab countries in its specificity.
• Judicial training
  In most Arab countries, law schools prepare students for a variety of occupations; in many countries they are not the most selective of university faculties. This situation has led to the common complaint that it is becoming difficult to attract bright, well-trained graduates to a judicial career. In many countries, judicial training academies complain that they are forced to focus on what should have been covered in law school.
  
  The result is that there have been insufficient resources to other forms of training (such as education of non-judicial personnel, practical rather than academic training, research, and continuing education). Most Arab countries have made some efforts in these areas, but current judicial training academies often find that they cannot carry out all the tasks demanded of them without new resources.
  
  There is perhaps no area where regional cooperation could be more helpful. Few countries have the resources to single-handedly meet all these tasks. But cooperation among judicial training academies—or perhaps a regional center—would allow countries to pool their efforts. This would especially be helpful for advanced areas such as research, continuing education, or efforts to understand the legal aspects of globalization.
• Cooperation and information sharing
  There have been some efforts made at regional cooperation in judicial affairs. In 1983, the Riyadh Agreement for judicial cooperation instituted a formal level of judicial cooperation, and recent years have seen an upsurge in conferences and other forms of cooperation (for instance, the various constitutional courts in the region are establishing a body to share information).
  
  Yet these efforts are still in their infancy, especially in areas in which great progress needs to be made (such as information technology or understanding of developments in international commercial law). Indeed, it is difficult even to collect information on Arab judicial structures. Where information is available, the forms are not comparable. Morocco and Palestine might be seen as models in this regard. The Moroccan Ministry of Justice has an informative website; the Palestinians have put their Official Gazette on line. But this is only the beginning of efforts to build transparency and share information.