The Legitimacy Of Use Of Force In Public And Islamic International Law


The Legitimacy Of Use Of Force In Public And Islamic International Law
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The Legitimacy Of Use Of Force In Public And Islamic International Law


The Legitimacy Of Use Of Force In Public And Islamic International Law
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Author : Mohammad Z. Sabuj
language : en
Publisher: Springer Nature
Release Date : 2021-06-22

The Legitimacy Of Use Of Force In Public And Islamic International Law written by Mohammad Z. Sabuj and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-22 with Political Science categories.


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.



International Law And The Use Of Force


International Law And The Use Of Force
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Author : Christine Gray
language : en
Publisher: Oxford University Press
Release Date : 2018-02-08

International Law And The Use Of Force written by Christine Gray and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.


This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.



Legitimacy Justice And Public International Law


Legitimacy Justice And Public International Law
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Author : Lukas H. Meyer
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-12

Legitimacy Justice And Public International Law written by Lukas H. Meyer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-12 with Law categories.


"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.



Humanitarian Intervention And The Legitimacy Of The Use Of Force


Humanitarian Intervention And The Legitimacy Of The Use Of Force
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Author : Peter Malanczuk
language : en
Publisher: Het Spinhuis
Release Date : 1993

Humanitarian Intervention And The Legitimacy Of The Use Of Force written by Peter Malanczuk and has been published by Het Spinhuis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Aggression (International law) categories.




Legitimacy And Legality In International Law


Legitimacy And Legality In International Law
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Author : Jutta Brunnée
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-05

Legitimacy And Legality In International Law written by Jutta Brunnée and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-05 with Law categories.


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.



International Law And Islamic Law


International Law And Islamic Law
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Author : Mashood A. Baderin
language : en
Publisher:
Release Date : 2008

International Law And Islamic Law written by Mashood A. Baderin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.


Collection of essays examining issues concerning the relationship between modern international law and islamic law.



International Law And New Wars


International Law And New Wars
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Author : Christine Chinkin
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-27

International Law And New Wars written by Christine Chinkin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-27 with History categories.


Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.



Islamic International Law


Islamic International Law
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Author : Khaled Ramadan Bashir
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26

Islamic International Law written by Khaled Ramadan Bashir and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with Religion categories.


Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.



Principles Of Islamic International Criminal Law


Principles Of Islamic International Criminal Law
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Author : Farhad Malekian
language : en
Publisher: BRILL
Release Date : 2011-06-22

Principles Of Islamic International Criminal Law written by Farhad Malekian and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-22 with Law categories.


The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.



The Use Of Force In International Law


The Use Of Force In International Law
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Author : Tarcisio Gazzini
language : en
Publisher: Routledge
Release Date : 2017-07-05

The Use Of Force In International Law written by Tarcisio Gazzini and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.


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.