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The Legitimacy of Use of Force in Public and Islamic International Law


ISBN13: 9783030772970
Published: June 2021
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £89.99



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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.

Subjects:
Public International Law, Islamic Law
Contents:
Introduction
Chapter 1: The Legitimacy of Public International Law on the Use of Force
Chapter 2: Responses to the Legitimacy of Use of force
Chapter 3: Use of Force in Islamic international law
Chapter 4: Legitimacy of use of force in Islamic international law: the legal-political legacies
Chapter 5: Answer to the legitimacy question: a coherent approach
Chapter 6: Conclusion