Islamic law states and the International Court of Justice
Bibliographic Data
| ID | 3918185 |
|---|---|
| Authors | Emilia Justyna Powell (0000-0001-7433-8715, University of Notre Dame, corresponding author) |
| Year | 2013 |
| Volume | 50 |
| Issue | 2 |
| Pages | 203-217 |
| Publication date | 2013-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Peace Research (JOURNAL) |
| Journal identifiers | ISSN: 0022-3433 • E-ISSN: 1460-3578 |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/0022343312470275 |
| OpenAlex | W2103544321 |
| Language | EN |
| Citations received | 11 |
| References cited | 27 |
The International Court of Justice (ICJ), as the principal judicial organ of the UN, plays an important role in peaceful resolution of international disputes. Traditionally, relations between Islamic law states, international law, and courts have been relatively tense due to the inherent link between Islamic law and the Islamic faith. Yet, several Islamic law states recognize the ICJ's compulsory and compromissory jurisdiction. This article asks: Why do some Islamic law states extend support to the International Court of Justice, while others turn away from the Court? I argue and empirically demonstrate that specific characteristic of Islamic law can explain variation of Islamic law states' preferences towards the ICJ. After providing original data on the characteristics of Islamic legal structures, I systematically compare pertinent rules of international law and Islamic law, focusing on similarities and differences between the two. Islamic law features such as respect for legal scholarship and peaceful resolution of disputes are compatible with principles embraced by the ICJ. Islamic law states that incorporate these norms are supportive of the Court. In contrast, Islamic law states that directly adopt sharia as the law of the land and incorporate sharia in their education systems are less open to the ICJ's adjudication
Adjudication · Comparative law · Geography · International court · International law · Islam · Jurisdiction · Political science · Precedent · Public international law · Public law · Sharia · International Arbitration and Investment Law · International Law and Human Rights · International Maritime Law Issues · Law
Two Courts Two Roads
The Continent of International Law
Domestic Constitutional Oversight and International Courts
Islam-based legal language and state governance
Forecasting conflict management in militarized interstate disputes
Wielding the Gavel or Balancing the Scales? Domestic Legal Systems and Post-Conflict Justice
Female Genital Mutilation in Sudan
Islamic constitutions and religious minorities
Protecting Trade by Legalizing Political Disputes
Islamic Law States and Peaceful Resolution of Territorial Disputes
Strategic selection
Sharīʿa
A Framework for Nonviolence and Peacebuilding in Islam
Mobilizing for Human Rights
Two Courts Two Roads
The Islamic Republic of Iran and the ICC
International Law in a World of Liberal States
Legal Systems and Peaceful Attempts to Resolve Territorial Disputes
Preventing War and Providing the Peace
Negotiating Military Alliances
Islamic Law as Customary Law
The International Court of Justice
International Arbitration and the Islamic World
The ICJ and Compulsory Jurisdiction
Compliance With Final Judgments of the International Court of Justice Since 1987
The Uses of “General Principles” in the Development of International Law
The International Court of Justice and the World's Three Legal Systems
Islamic Law States and Peaceful Resolution of Territorial Disputes
Making the Most of Statistical Analyses
Accepting Authoritative Decisions
International Institutions and Compliance with Agreements
| Unique citing works | 11 |
|---|---|
| Citations per year | 0,79 |
| Citation span | 2012 - 2022 (11) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 10 |