Emilia Justyna Powell,伊斯兰法与国际法——和平解决争端

IF 1.3 4区 社会学 Q2 INTERNATIONAL RELATIONS Chinese Journal of International Law Pub Date : 2021-10-20 DOI:10.1093/CHINESEJIL/JMAB024
Wei Xiao-meng
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引用次数: 0

摘要

西方对待国际法的方式是否在公意法领域占据主导地位,这是一个非常现实的问题。解决这一问题的一个尝试可以在最近的安西娅·罗伯茨(Anthea Roberts)题为《国际法是国际的吗?》在这篇文章中,作者得出结论,国际法并不像我们认为的那样具有国际性。尽管罗伯茨的研究很全面,但他所涉及的非西方国家只有中国和俄罗斯。没有一个中东和北非国家被考虑在内。因此,艾米利亚·贾斯蒂娜·鲍威尔(Emilia Justyna Powell)的评论专著备受期待和需要,“填补了国际法学术的重要空白”。阅读《伊斯兰法》和《国际法》是让自己沉浸在作者的私人探索中,作者在写将要向读者提出的东西时经常使用代词“我”。这可能有点令人不安,因为一个人不习惯在法律学术领域进行这样的个人努力。它也可能被视为偏离了法律学术所固有的客观性。它将读者的注意力重新引导到作者身上,而不是她所从事的工作。幸运的是,一旦读者习惯了这种形式的叙述,焦点就会被重新导向所呈现的研究。此外,这本书的标题表明范围要窄得多,这可能会使一些对伊斯兰法和国际法之间更广泛的相互作用感兴趣的读者不愿意接受这一立场。虽然专著致力于解决争端,但它也涵盖了更一般的问题。此外,鲍威尔还对非伊斯兰国家及其在国际争端中的行为进行了比较研究。这本书本身结构清晰简洁。全文共分八章,包括引言和结语。我们的介绍开始设置场景的方式评估理解伊斯兰法律的重要性在背景下
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Emilia Justyna Powell, Islamic Law and International Law Peaceful Resolution of Disputes
!e question whether the Western approach to international law dominates in the "eld of public intentional law is a very current issue. One of the attempts of tackling this problem can be found in the recent Anthea Roberts’ book entitled Is International Law International?,13in which the author concludes that international law is not international to the extent we believe it to be. Even though Roberts’ work is comprehensive, the only non-Western countries covered are China and Russia. None of MENA states are taken into account. !erefore, the reviewed monograph by Emilia Justyna Powell has been much anticipated and needed work that "lls an important gap in the international law scholarship. Reading Islamic Law and International Law is to immerse oneself in a private quest of the author who very much often uses the pronoun “I” when writing about what will be put forward before a reader. !is might be a little disconcerting as one is not used to such personal endeavors in the legal scholarship. It might also be regarded as a deviation from objectivity, which is inherent to the legal scholarship. It redirects the attention of a reader towards the author instead of the work that she had undertaken. Fortunately, once a reader gets accustomed to such form of a narrative, the focus is redirected to the research presented. Furthermore, the title of the book suggests much narrower scope, which might discourage some of the readers interested in a broader interaction of Islamic law and international law from picking up the position. While the monograph is devoted to dispute resolution, it also covers more general issues. In addition, Powell also includes a comparative study of non-Islamic states and their behavior when engaged in international disputes. !e book itself has a clear and concise structure. It is divided into eight chapters, including introduction and conclusions. !e introduction starts with setting the scene by way of assessing the importance of understanding Islamic law in the context of
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来源期刊
CiteScore
1.00
自引率
20.00%
发文量
25
期刊介绍: The Chinese Journal of International Law is the leading forum for articles on international law by Chinese scholars and on international law issues relating to China. An independent, peer-reviewed research journal edited primarily by scholars from mainland China, and published in association with the Chinese Society of International Law, Beijing, and Wuhan University Institute of International Law, Wuhan, the Journal is a general international law journal with a focus on materials and viewpoints from and/or about China, other parts of Asia, and the broader developing world.
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