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Islamic Law and International LawPeaceful Resolution of Disputes$
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Emilia Justyna Powell

Print publication date: 2020

Print ISBN-13: 9780190064631

Published to Oxford Scholarship Online: November 2019

DOI: 10.1093/oso/9780190064631.001.0001

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Islamic Law States and the International Court of Justice

Islamic Law States and the International Court of Justice

Chapter:
(p.202) 6 Islamic Law States and the International Court of Justice
Source:
Islamic Law and International Law
Author(s):

Emilia Justyna Powell

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190064631.003.0006

This chapter focuses on the main judicial organ of the United Nations, the International Court of Justice (ICJ), and its relation to the Islamic milieu. It examines the Islamic milieu’s views of the Court’s compulsory and compromissory jurisdictions. The Court has been constructed according to the secular Western legal logic, and its jurisprudence rarely refers to the Islamic legal tradition. The chapter presents an analysis of the ICJ’s jurisprudence—judgments and advisory opinions—and the position of Islamic law-based arguments in the Court. Empirical analyses show that the Islamic milieu does not project a uniform attitude toward the ICJ. Depending on their domestic legal systems, some ILS are likely to accept the jurisdiction of the Court and some shy away from international adjudication. In particular, the presence of a secular court system and constitutional mentions of peaceful resolution of disputes promote a favorable attitude toward the ICJ among its Islamic audience.

Keywords:   International Court of Justice, compulsory jurisdiction, compromissory jurisdiction, international adjudication, Islamic law-based arguments, ICJ jurisprudence, advisory opinions, judgments

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