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This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority.
This book explores non-Western approaches to foreign policy in the context of Iran in order to encourage wider consideration of non-Western scholarship in international relations. Throughout its existence IR has drawn primarily on Western thought and experience, leaving other perspectives on the periphery of discourse. As the field becomes more about contexts beyond the West, this has become a challenge for creating a truly ‘global’ field of study. Concepts like ‘national interest,’ ‘rationality’ and ‘pragmatism’ are often applied to Iran without considering what these concepts mean in the context of Iranian political identity. The aim of this book is to highlight the contemp...
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the m...
This third edition of Moral Constraints on War offers a principle by principle presentation of the ethics of war as is found in the age-old tradition of the Just War. Parts one and two trace the evolution of Just War Theory, analyzing the principles of jus ad bellum and jus in bello: the principles that determine the conditions under which it is just to start a war and then conduct military operations. Each chapter provides a historical background of the principle under discussion and an in-depth analysis of its meaning. More so than in the previous editions, there is a special focus on the transcultural nature of the principles. Besides theoretical clarifications, each of the principles is ...
Zusammenfassung: GLOBAL ISSUES Series Editors: Jim Whitman · Paolo D. Farah This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharī ʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The boo...
This book examines the Santillana Codes, legal instruments which form a distinct class of uniquely African civil code and are still in force today in a legal arc that extends from the Maghreb to the Sahel. Stigall presents the history of Santillana’s seminal legislative effort and provides a comparative analysis of the substance of those codes, illuminating commonalities between Islamic law and European legal systems.
This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.
EU Diplomatic Law analyses the interactions between the European Union and international diplomatic and consular law, addressing fundamental problems in this relationship and analysing EU practice in initiating, conducting, and terminating diplomatic and consular relations.
على الرغم من أن «كارل فون كلاوسفيتس» قد ذكر في القرن التاسع عشر أن الحربَ استمرارٌ للسياسة ولكن بوسائل أخرى، فإن تلك المقولة تعكس بشكل أساسي ما يمكن تسميته بالدبلوماسية السلبية، التي ينبغي اللجوء إليها حينما تفشل الدبلوماسية البناءة والإيجابية فشلًا ذريعًا فقط. على أن الدبلوماسية الإيجابية والبناءة عادةً ما تخفق بسبب الافتقار لفهم القانون الدبلوماسي في الثقافات المختلفة، أو لوج...