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Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.
Book Synopsis Democracies and International Law by : Tom Ginsburg
Download or read book Democracies and International Law written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2021-09-30 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.
Following the rise of Islamic fundamentalism, Muslim nations have been placed in the spotlight of international debate; the prevailing understanding is that democracy and Islam are fundamentally incompatible. This verdict is particularly damning in light of the trend in International Law which, since the collapse of communism in Eastern Europe, has equated democracy with human rights. Yet, a thorough analysis of the debate, taking into account the historical and theoretical bases of liberal democracy the cultural, legal, and political development of Islam, and the extent to which the politics of Islamic countries represents the politics of Islam reveals that democracy and Islam are, in fact, fundamentally compatible. In practice, Islamic Law can be applied alongside developments in democratic representations and human rights.
Book Synopsis Democracy in Islamic and International Law by : Dr. Ibrahim S Alharbi
Download or read book Democracy in Islamic and International Law written by Dr. Ibrahim S Alharbi and published by AuthorHouse. This book was released on 2011-03-17 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the rise of Islamic fundamentalism, Muslim nations have been placed in the spotlight of international debate; the prevailing understanding is that democracy and Islam are fundamentally incompatible. This verdict is particularly damning in light of the trend in International Law which, since the collapse of communism in Eastern Europe, has equated democracy with human rights. Yet, a thorough analysis of the debate, taking into account the historical and theoretical bases of liberal democracy the cultural, legal, and political development of Islam, and the extent to which the politics of Islamic countries represents the politics of Islam reveals that democracy and Islam are, in fact, fundamentally compatible. In practice, Islamic Law can be applied alongside developments in democratic representations and human rights.
Challenging the view of Islamic extremists and critics of Islam, this book explores the very topical issue of Islam’s compatibility with democracy. It examines: principles of Islam's political theory and the notion of democracy therein the notion of democracy in medieval and modern Muslim thought Islam and human rights the contribution of Islamic legal ideas to European legal philosophy and law. The book addresses the pressing need for a systematic show of an Islamic politics of human rights and democracy grounded in the Qur’an. The West wonders about Islam and human rights, and its own ability to incorporate Muslim minority communities. Many Muslims also seek to find within Islam support source for democratic governance and human rights.
Book Synopsis Democracy In Islam by : Sayed Khatab
Download or read book Democracy In Islam written by Sayed Khatab and published by Routledge. This book was released on 2007-06-22 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the view of Islamic extremists and critics of Islam, this book explores the very topical issue of Islam’s compatibility with democracy. It examines: principles of Islam's political theory and the notion of democracy therein the notion of democracy in medieval and modern Muslim thought Islam and human rights the contribution of Islamic legal ideas to European legal philosophy and law. The book addresses the pressing need for a systematic show of an Islamic politics of human rights and democracy grounded in the Qur’an. The West wonders about Islam and human rights, and its own ability to incorporate Muslim minority communities. Many Muslims also seek to find within Islam support source for democratic governance and human rights.
Book Synopsis Democracy: the Rule of Law and Islam by : Eugene Cotran
Download or read book Democracy: the Rule of Law and Islam written by Eugene Cotran and published by BRILL. This book was released on 2023-10-16 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.
Book Synopsis Democracy in International Law-Making by : Salar Abbasi
Download or read book Democracy in International Law-Making written by Salar Abbasi and published by Routledge. This book was released on 2021-12-20 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.
A Theory of Universal Democracy empowers cultures and communities across the world to custom design democracy in consonance with their traditional values. For example, the book makes concrete proposals for Muslim countries to democratize their constitutions without accepting Western values and without violating the principles of Islamic law. More importantly, Universal Democracy further develops the idea of Free State, which the author first presented in his previous book, The Extinction of Nation-States (Kluwer, 1996). The proposed fusion of Universal Democracy and Free State is designed to revolutionize the classical theory of government and to offer a new paradigm that accommodates both universality and uniqueness. Scholars, teachers and students of international law, constitutional law, legal theory, and Islamic law will find this book a source of valuable ideas.
Book Synopsis A Theory of Universal Democracy by : L. Ali Khan
Download or read book A Theory of Universal Democracy written by L. Ali Khan and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theory of Universal Democracy empowers cultures and communities across the world to custom design democracy in consonance with their traditional values. For example, the book makes concrete proposals for Muslim countries to democratize their constitutions without accepting Western values and without violating the principles of Islamic law. More importantly, Universal Democracy further develops the idea of Free State, which the author first presented in his previous book, The Extinction of Nation-States (Kluwer, 1996). The proposed fusion of Universal Democracy and Free State is designed to revolutionize the classical theory of government and to offer a new paradigm that accommodates both universality and uniqueness. Scholars, teachers and students of international law, constitutional law, legal theory, and Islamic law will find this book a source of valuable ideas.
The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.
Book Synopsis Democracy under God by : Dawood Ahmed
Download or read book Democracy under God written by Dawood Ahmed and published by Cambridge University Press. This book was released on 2023-02-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of Islam in constitutions invites fierce debate from scholars and politicians alike. Many of these debates assume an inherent conflict between constitutional Islam and 'secular' values of liberal democracy and human rights. Using case studies from several Muslim-majority states, this book surveys the history and role of Islam in constitutions. Tracing the origins of constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue that colonial history and political bargaining were pivotal factors in determining whether a country adopted Islam, and not secularism, in its constitution. Contrary to the common contention that the constitutional incorporation of Islam is generally antithetical to human rights, Ahmed and Abbasi show not only that Islam has been popularly demanded and introduced into constitutions during periods of 'democratization' and 'modernization' but also that constitutional Islamization has frequently been accompanied by an expansion in constitutional human rights.
Book Synopsis Democratic Governance and International Law by : Gregory H. Fox
Download or read book Democratic Governance and International Law written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2000-05-11 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART V CRITICAL APPROACHES.
Are Islam and democracy on a collision course? Do Islamic movements seek to "hijack democracy?" How have governments in the Muslim world responded to the many challenges of Islam and democracy today? A global religious resurgence and calls for greater political participation have been major forces in the post-Cold War period. Across the Muslim world, governments and Islamic movements grapple with issues of democratization and civil society. Islam and Democracy explores the Islamic sources (beliefs and institutions) relevant to the current debate over greater political participation and democratization. Esposito and Voll use six case studies--Algeria, Egypt, Iran, Malaysia, Pakistan, and Sudan--to look at the diversity of Muslim experiences and experiments. At one end of the spectrum, Iran and Sudan represent two cases of militant, revolutionary Islam establishing political systems. In Pakistan and Malaysia, however, the new movements have been recognized and made part of the political process. Egypt and Algeria reveal the coexistence of both extremist and moderate Islamic activism and demonstrate the complex challenges confronting ruling elites. These case studies prove that despite commonalities, differing national contexts and identities give rise to a multiplicity of agendas and strategies. This broad spectrum of case studies, reflecting the multifaceted relationship of Islam and Democracy, provides important insight into the powerful forces of religious resurgence and democratization which will inevitably impact global politics in the twenty first century.
Book Synopsis Islam and Democracy by : John L. Esposito
Download or read book Islam and Democracy written by John L. Esposito and published by Oxford University Press. This book was released on 1996-05-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are Islam and democracy on a collision course? Do Islamic movements seek to "hijack democracy?" How have governments in the Muslim world responded to the many challenges of Islam and democracy today? A global religious resurgence and calls for greater political participation have been major forces in the post-Cold War period. Across the Muslim world, governments and Islamic movements grapple with issues of democratization and civil society. Islam and Democracy explores the Islamic sources (beliefs and institutions) relevant to the current debate over greater political participation and democratization. Esposito and Voll use six case studies--Algeria, Egypt, Iran, Malaysia, Pakistan, and Sudan--to look at the diversity of Muslim experiences and experiments. At one end of the spectrum, Iran and Sudan represent two cases of militant, revolutionary Islam establishing political systems. In Pakistan and Malaysia, however, the new movements have been recognized and made part of the political process. Egypt and Algeria reveal the coexistence of both extremist and moderate Islamic activism and demonstrate the complex challenges confronting ruling elites. These case studies prove that despite commonalities, differing national contexts and identities give rise to a multiplicity of agendas and strategies. This broad spectrum of case studies, reflecting the multifaceted relationship of Islam and Democracy, provides important insight into the powerful forces of religious resurgence and democratization which will inevitably impact global politics in the twenty first century.
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
Book Synopsis Islamic Law and International Law by : Emilia Justyna Powell
Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
