Faculdade de Direito
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Browsing Faculdade de Direito by Author "Abbasi, Salar"
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- Conceptualization of democracy in international law-makingPublication . Abbasi, Salar; Ribeiro, Gonçalo Manoel de Vilhena de Almeida; Saberi, HengamehThe main objective of this thesis is to conceptualize a substantive notion of democracy in order to regulate international law-making mechanisms under a certain set of principles. These principles were developed by Suhrawardi (1155-1191), Rūmī (1207- 1273), and Mulla Sadra (1571-1640) between the twelfth and seventeenth centuries in Persia. This particular reading from the philosophies developed by these thinkers are called in this thesis ‘democratic egalitarian multilateralism’. Chapter (I) aims to reveal what this thesis means by the term ‘democracy in international law-making’ which is different from the ideal of democracy for domestic legal and political structures. Chapter (II) expands on dynamics and complexities of the multilevel international law-making in order to highlight the conceptual flaws of the international law-making system. The existing responses of the international legal scholarship toward the main concern of the thesis are also elaborated in this chapter. These responses are: the Global Administrative Law project, the International Public Authority project, and the Informal International Lawmaking project. Chapter (III) delves into the theoretical groundings of the account of ‘democratic egalitarian multilateralism’ developed by Persian thinkers. Three building blocks of this account are: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘inter-cultural dialectical democracy’ developed by Rūmī. Chapter (IV) aims at bridging the account of ‘democratic egalitarian multilateralism’ to international legal theory developed by Western international legal scholarship. This thesis also compares the account of democratic egalitarian multilateralism’ with ideas developed by Western philosophers and also with international legal theory developed by Western international law scholarship. Chapter (V) expands on the implications of the account of ‘democratic egalitarian multilateralism’ in international law-making apparatuses. After elaborating on conceptual flaws of the chartered and customary sources of international law, Chapter (V) concludes that the account of ‘democratic egalitarian multilateralism’ could be a source for certain set of principles to regulate the procedures through which international treaties are made. It could be a criterion for the customary international lawascertainment as well.
- A revisit to Islamic inter-polity legal theoryPublication . Abbasi, SalarThis article delves into the jurisprudential and legal theory aspects of the religion of Islam in regard to inter-polity laws and relations. The conceptualisation of Islamic inter-polity commands and laws follows a bright line criterion, for it clearly defines non-Muslim polities and people, categorises them, and commands Islamic polity’s approach in regard to non-Muslims in unequivocal terms. The approach of this article is neither polemic nor protectionist; though it indeed is critical. To recognise veneration of an ideology is not tantamount to discrediting or hampering critical explorations about it, and Islam is not an exception. The concern of this article is to shed light on fundamental pillars upon which Islam’s inter-polity commands are formed and textually reinforced as being legally unquestionable and intrinsically legitimate. The discourses through which the Islamic inter-polity legal theory is scrutinised; in this piece, are the following: intrinsic legitimacy of the territorial and ideological expansionism of Islam, and Islam’s ‘group identity’ politics in its private and public laws under the notion of ‘Ummah’ or Islamic community.