Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed
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Preliminary Material -- Introduction /Mathew A. Foust and Sor-hoon Tan -- 1 Confucius and the Four Books for Women (Nü Sishu «女四書») /Ann A. Pang-White -- 2 Confucian Mothering: The Origin of Tiger Mothering? /Ranjoo Seodu Herr -- 3 Beyond Sexism: The Need for an Intersectional Approach to Confucianism /George Wrisley and Samantha Wrisley -- 4 Confucian Reliability and Epistemic Agency: Engagements with Feminist Epistemology /Karyn Lai -- 5 Role Epistemology: Confucian Resources for Feminist Standpoint Theory /Kevin DeLapp -- 6 How Relational Selfhood Rearranges the Debate between Feminists and Confucians /Andrew Komasinski and Stephanie Midori Komashin -- 7 Confucian Ethics and Care: An Amicable Split? /Andrew Lambert -- 8 Confucian Role Ethics in the 21st Century: Domestic Violence, Same-sex Marriage, and Christian Family Values /Sarah A. Mattice -- 9 Contemporary Ecofeminism and Confucian Cosmology /Taine Duncan and Nicholas S. Brasovan -- Index.
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Introduction -- The Environment and The Laws of Armed Conflict -- The Environment and Human Rights Law -- The Environment and International Environmental Law -- Complementing the Laws Of Armed Conflict with Human Rights Law and International Environmental Law -- General Conclusion
Controversy and confusion pervade the law of armed conflict. Its most basic rules may seem ambiguous, vague, incomplete, or inconsistent. The prevailing view of customary international law confronts serious problems, in principle and in practice, when applied to the customary law of armed conflict. Legal indeterminacy, in its different forms, might be reduced or resolved in light of the object and purpose of the law of armed conflict, or by taking into account other relevant rules of international law. Unfortunately, the purpose of the law of armed conflict is itself the subject of deep disagreement. So is the relationship between the law of armed conflict and other branches of international law, most notably the law of inter-State force and human rights law. This article examines different forms of legal indeterminacy and different legal techniques available to address them, using concrete controversies to illustrate abstract ideas. It defends one view of the purpose of the law of armed conflict and its relationship with other rules of international law. The purpose of the law is not to balance a constraining principle of humanity against an authorizing principle of military necessity. Instead, the purpose of the law is simply to protect persons and objects to the greatest extent practically possible, that is, without depriving other rules of international law, which authorize certain uses of armed force, of practical effect. Finally, it shows that the law of armed conflict contains a number of clues for its own interpretation, some of them hidden in plain sight, including a recurring pattern of general protections with limited exceptions.
The book rethinks the means of harmonization of prima facie norm conflicts in light of the multitude of international agreements across regimes. The methodology deployed in this book, which is referred to as complementation or complementary application, represents a novel approach by focusing on commonly shared objectives and a unifying ordre public transnational across fields of public international law that allow for a harmonization beyond traditional treaty interpretation. Fields of public international law, mainly the laws of armed conflict, international environmental law, and human rights law, apply simultaneously to questions regarding the environment and war. Such a coexistence challenges the unity of the international legal order, and it also challenges the means of harmonization across fields of public international law. However, eventually, the co-existence of several fields of public international law can result in a refinement of international law and enhanced legal protection. Diversification can also contribute to clarification or normative intensification in areas of parallel application of various fields and multilayered legal protection, demonstrating a counter-option to fragmentation.
Islamic Law and the Law of Armed Conflict: The Armed Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law.