Legality Issues of the Third Iraq War and the Dilemma of International Law

2020 ◽  
pp. 155-180
Author(s):  
Lingliang Zeng
Keyword(s):  
International Law ◽  
Iraq War ◽  
The Third

The Concept of treaty in Islamic Jurisprudence: A comparative view of the classical jurists

2010 ◽  
Vol 7 (1) ◽  
pp. 55
Author(s):  
Labeeb Bsoul
Keyword(s):  
International Law ◽  
The Body ◽  
Mutual Understanding ◽  
Contemporary World ◽  
The Third ◽  
Islamic Jurisprudence ◽  
Shed Light

This article aims to shed light on a particular area in the field of Islamic International law (siyar) treaty in Islamic jurisprudence. It addresses a comparative view of classical jurists of treaties both theoretically and historically and highlights their continued relevance to the contemporary world. Since the concept of treaty a lacuna in scholarship as well as the familiar of international legal theorists to study and integrate the Islamic treaty system into the body of modern international law in order to have a mutual understanding and respect and honor for treaties among nations. I would like to present a series of three parts the first one addresses the concept of treaty in Islamic jurisprudence the second addresses the process of drafting treaties and their conclusion and the third addresses selected treaties, including the treaty of H{udaybiya that took place between Muslims and non-Muslims..

“Be Karbala Miravim!”

2017 ◽  
Author(s):  
Anicée Van Engeland
Keyword(s):  
At Risk ◽  
International Law ◽  
Hybrid System ◽  
Legal System ◽  
Iraq War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Standards ◽  
Domestic Law

This chapter considers the extent to which Islamic governance can integrate international humanitarian law (IHL) into its own legal system by examining the case of Iran. It addresses the consequences of the emergence of an Islamic-universal hybrid legal system. The stakes are high because IHL’s efficiency and necessity have been questioned: The existence of the Iranian hybrid system of law can be perceived as a threat by scholars arguing that international law is at risk of fragmentation due to the variety of domestic and regional approaches to fundamental legal standards. The importance of those stakes is illustrated by the Iran-Iraq War: The process of mixing a universal secular legal system with a religious domestic law occurred at a crucial time when Iran was at war with Iraq, with clear effects on the protection of civilians and the conduct of hostilities.

Territorial Dimensions of Self-Determination

2018 ◽  
Vol 51 (3) ◽  
pp. 427-468
Keyword(s):  
Middle East ◽  
International Law ◽  
Legal Aspects ◽  
Self Determination ◽  
International Court Of Justice ◽  
The Third ◽  
Court Of Justice ◽  
Middle East Conflict ◽  
International Court ◽  
Generous Support

Professor Yaël Ronen introduced the workshop as the fourth in a series of events on legal aspects of the Middle East conflict. The first two events concerned the Palestine Mandate of 1922. The third focused on the 1948 refugee issue. All these events have and are being held with the generous support of the Knapp Family Foundation and under the auspices of the International Law Forum of the Faculty of Law. Also, as part of the Shabtai Rosenne International Law Center Initiative, the first session was dedicated to the commemoration of the work of the late Shabtai Rosenne, whose scholarship spanned a host of international law issues but who is most renowned for his work on the International Court of Justice (ICJ).

scholarly journals LAWLESS WORLD: MAKING AND BREAKING GLOBAL RULES

2012 ◽  
Vol 19 (1) ◽  
pp. 281-293
Author(s):  
Jason De Mink
Keyword(s):  
International Law ◽  
Kyoto Protocol ◽  
Foreign Investment ◽  
Subject Matter ◽  
Iraq War ◽  
Abu Ghraib

Philippe Sands (Penguin Books, London 2006) Paperback, Pp 432, ISBN 9780141017990, £8.99This being the first book that I have ever read dedicated exclusively to international law, I was not certain what to expect.  I did not feel disappointed or out of my depth with “Lawless World” however, as Professor Sands writes clearly and authoritatively on subject-matter which will be quite familiar to most readers: the Pinochet trial, the Kyoto Protocol, trade rules, foreign investment, Abu Ghraib and Guantanamo, the Iraq War and torture.

scholarly journals Compliance Bargaining Mechanism as The Way to Ended Iran-Iraq War 1988

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Maulana Hasymi
Keyword(s):  
Conflict Resolution ◽  
United Nations ◽  
Iraq War ◽  
Peace Process ◽  
Third Party ◽  
Loss Of Life ◽  
The Third ◽  
Border Dispute ◽  
The United Nations ◽  
The Way

<p align="center"><strong>Abstrak</strong></p><p>Isu-isu terkait budaya, ekonomi, dan nilai seringkali menghasilkan konflik. Tak terkecuali dengan isu perebutan wilayah. Salahsatu perang terbesar yang terkait dengan isu sengketa wilayah adalah perang Iran-Irak 1988. Perang Iran-Irak 1988 membawa sejarah besar dari kedua negara yang saling berhubungan dengan isu perebutan wilayah, perebutan pengaruh ideologi, dan isu ekonomi. Perang yang berlangsung cukup lama ini membuat Iran dan Irak menyadari akan kerugian jangka panjang yang dialami. Pada akhirnya, kedua negara sepakat untuk berdamai dalam sebuah proses yang melibatkan pihak ketiga. Perserikatan Bangsa-Bangsa mengambil peran sebagai pihak ketiga yang membantu penyelesaian perang antara Iran dan Irak. Resolusi no.598 yang disusun oleh Perserikatan Bangsa-Bangsa mengarisbawahi akan pentingnya gencatan senjata dengan banyaknya kerugian dan korban jiwa yang muncul. Penelitian ini berargumen bahwa upaya Perserikatan Bangsa-Bangsa menyusun resolusi no.598 dalam menyelesaikan perang Iran-Irak adalah penerapan dari mekanisme compliance bargaining pada proses resolusi konflik.</p><p><strong>Kata kunci:</strong> compliance bargaining, resolusi konflik, rezim, gencatan senjata</p><p> </p><p align="center"><strong>Abstract</strong></p><p>Conflictual issues can be about economy, culture and values, or even a border dispute. The class cannot be avoided because of several issues triggering the conflict and also several interests. One of the bigger wars that can be was the Iran-Iraq War at 1980-1988. This war brought the long history between both of those countries, which were related with border disputes, ideological influences, and economic war. Those of both countries is thinking that if the war is still being run, it is not giving any good advantage. The damage was so big. So, it required a process to bring the two states involved war into one meeting to talk about peace or end the war. The process is called a peace process. In this case, the peace process arranged by the involvement of third party. The United Nations take a role as the third party in Iran-Iraq War by formed a Resolution no 598. In the resolution the council expressed its concern that, despite its calls for ceasefire, the conflict between Iran and Iraq continued with heavy loss of life and material destruction. The Iran-Iraq war was ended through the resolution no 598 that was produced by the United Nations. Furthermore, this paper argue that the way of the United Nations ended the Iran-Iraq war through Resolution no 598 is implementing the theory of compliance bargaining in conflict resolution.</p><p><strong>Keywords</strong>: compliance bargaining, conflict resolution, regime, ceasefire</p>

scholarly journals International Recognition and the International Law Status of Poland in the 20th Century

2020 ◽  
Vol 9 (1) ◽  
pp. 21-48
Author(s):  
Elżbieta Dynia
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Law ◽  
20Th Century ◽  
World War ◽  
The Third ◽  
International Recognition ◽  
The Status

The article concerns international recognition of the Polish state established after World War I in the year 1918, the Polish state and the status of Poland in terms of international law during World War II and after its conclusion until the birth of the Third Polish Republic in the year 1989. A study of related issues confirmed the thesis of the identity and continuity of the Polish state by international law since the year 1918, as solidified in Polish international law teachings, and showed that the Third Polish Republic is, under international law, not a new state, but a continuation of both the Second Polish Republic as well as the People’s Republic of Poland.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

The Iraq Crisis and the Future of the Western Alliance

2012 ◽  
Author(s):  
Marc Trachtenberg
Keyword(s):  
International Law ◽  
Security Council ◽  
Iraq War ◽  
Mass Destruction ◽  
Unilateral Action ◽  
The Future ◽  
Run Up ◽  
Control Regime

This chapter considers the various issues raised in the run-up to the Iraq War. It asks: How much of a problem would the development of a mass destruction capability by a regime like that of Iraq in 2002 have actually posed? Wouldn't the development of an Iraqi nuclear capability have led to mutual deterrence and thus to a relatively stable strategic relationship? To the extent that an Iraqi capability of this sort would have posed serious problems, couldn't the Iraqis have been prevented permanently from developing such forces through nonmilitary means? Couldn't an inspection regime have done the trick? And if the control regime wasn't up to the job, would it be legitimate for a country to act essentially on its own, without first getting explicit U.N. Security Council authorization? Was unilateral action impermissible under international law, and is a country that dealt with the problem in that way to be branded a law-breaker?

Value Democracy at Home and Abroad

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
International Law ◽  
Free Speech ◽  
Free Expression ◽  
The Third ◽  
Fundamental Value ◽  
Equal Citizenship ◽  
At Home

This concluding chapter examines some possible further implications of democratic persuasion that might be a source for further study. The first implication is that the book's view might serve as a model for other states that seek an alternative to the two dominant approaches to free speech. The third approach, democratic persuasion, allows free speech advocates to retain the protections against coercion found in rights of free expression. However, democratic persuasion also gives voice to the fundamental value of free and equal citizenship that underlies free speech. The second implication of the book's view is that it can also serve as a model for understanding how to promote ideals of equality in international law without violating the rights of individuals or the rights of states. Indeed, democratic persuasion already has a prominent role in international law.

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