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 Rūmī. 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.
Table of Contents
1. Democracy In International Law-Making
2. Multilevel International Law-Making: The Current Status
3. Democratic Egalitarian Multilateralism: Genealogy Of A New Understanding On Law And Democracy In The Global Context
4. Democratic Egalitarian Multilateralism And International Legal Theory
5. Democratic Egalitarian Multilateralism In The International Law-Making Apparatus
Dr. Salar Abbasi is an Alexander von Humboldt Post-Doctoral Fellow at Ludwig Maximilian University of Munich, Faculty of Law, Leopold Wenger Institute for Ancient Legal History and Papyrus Research. He has taught ‘international legal theory’, ‘introduction to Islamic legal theory’, and ‘Islamic legal theory in the global context’ at Lisbon and Porto Campuses of Universidade Catolica Portuguesa, Faculty of Law. His research interest is to discover neglected heritages of legal thought, and apply them in responding to conceptual queries of international law.