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Democracy in International Law-Making - Principles from Persian Philosophy (Hardcover)
Loot Price: R3,883
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Democracy in International Law-Making - Principles from Persian Philosophy (Hardcover)
Series: Islamic Law in Context
Expected to ship within 12 - 17 working days
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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 Rumi. 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.
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