دور المبادئ العامة للشريعة الإسلامية في القانون الدولي المعاصر ( باللغة الإنجليزية ) (تقرير)
Year: 2014
Type: article
Abstract: According to article 38 (paragraph 1) of the Statute of the International Court of Justice (1) , one of the main sources of public international law (2) is the general principles of law recognized by civilized nations.General principles of law recognized by civilized nations include legal principles that are common and recognized by the principal legal systems of the world.One of these systems is Islamic law (Sharia Islamia).Therefore, the aim of this article is to clarify the role of general principles of Islamic law and explore its significance in the contemporary international law.(1)Article 38 of the Statute of The International Court of Justice provides that: ``1.The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d.subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto''.(2) Public international law has four principal sources.These sources are international treaties, international custom, general principles of law and decisions of international organizations.It is important to note that although decisions of international organizations are not mentioned in Article 38(1) of the Statute of the International Court of Justice, they, particularly decisions of the United Nations, form another source of international law.
Source: مجلة الحقوق.
Author: وائل أحمد علام
Language: Arabic
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4399172595