The Legitimacy of Use of Force in Public and Islamic International Law PDF Download
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Author: Mohammad Z. Sabuj
Publisher: Springer Nature
ISBN: 3030772985
Category : Political Science
Languages : en
Pages : 181
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Book Description
This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.
Author: Mohammad Z. Sabuj
Publisher: Springer Nature
ISBN: 3030772985
Category : Political Science
Languages : en
Pages : 181
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Book Description
This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.
Author: Lukas H. Meyer
Publisher: Cambridge University Press
ISBN: 0521199492
Category : Law
Languages : en
Pages : 333
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Book Description
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Author: Peter Malanczuk
Publisher: Het Spinhuis
ISBN: 9789073052567
Category : Aggression (International law)
Languages : en
Pages : 84
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Book Description
Author: Jutta Brunnée
Publisher: Cambridge University Press
ISBN: 1139491474
Category : Law
Languages : en
Pages :
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Book Description
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
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Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author: Russell Buchan
Publisher: Edward Elgar Publishing
ISBN: 1786439921
Category : Law
Languages : en
Pages : 288
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Book Description
This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.
Author: Mashood A. Baderin
Publisher:
ISBN:
Category :
Languages : en
Pages : 669
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Book Description
Collection of essays examining issues concerning the relationship between modern international law and islamic law.
Author: Tarcisio Gazzini
Publisher: Routledge
ISBN: 1351539779
Category : History
Languages : en
Pages : 649
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Book Description
This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.
Author: Christine D. Gray
Publisher: Oxford University Press, USA
ISBN:
Category : Aggression (International law).
Languages : en
Pages : 360
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Book Description
1. Law and Force; 2. The Prohibition of the Use of Force; 3. Invitation and Intervention: Civil Wars and the Use of Force; 4. Self-defence; 5. Collective Self-defence; 6. The Use of Force against Terrorism: a New War for a New Century; 7. The UN and the Use of Force; 8.
Author: David Armstrong
Publisher: Cambridge University Press
ISBN: 110701106X
Category : Law
Languages : en
Pages : 365
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Book Description
This fully updated and revised edition explores the evolution, nature and function of international law in world politics.
