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54 Int'l J.L. & Mgmt. 5 (2012)

handle is hein.journals/ijlm54 and id is 1 raw text is: The current issue and full text archive of this journal is available at ,f www.emeraldinsight.com/1754-243X.htm Public international law principles: an Islamic Sufi approach - Part II Public international law principles Bijan Bidabad 5 School of Sciences and Research, Islamic Azad University, Tehran, Iran Abstract Purpose - Many laws have been derived from the religions' legislations and many of them do not have the capability of uniqueness and publicity, due to a variety of reasons, especially at the level of countries. However, the spirit of legislations is the same and unique in all religions and it is the Tariqah (Sufi path), Sufism, mysticism and ethical beliefs that have been stable and unchangeable for millenniums, and wisdom has accepted and accepts them in all times and locations. Thus, if the international public law is to be defined and designed upon the base of the unique religions' spirit, we will reach a unique law with most publicity. This paper aims to address these issues. Design/methodology/approach - This paper explores the foundation of public international law from the theosophy approach of Islamic Sufism and mysticism. Findings - By raising 38 principles, the paper proposes basic principles of important public international law subjects to prepare a backbone for recompilation of new law in this subject matter. Research limitations/implications - Comparative researches in other religions' Gnosticism will be helpful. Practical implications - These principles can be used for applied debates in the field and become new international law. Social implications - Delicateness, truthfulness, and righteousness of Islamic Sufism may turn the attentions of scholars and researchers to this viewpoint, and a new set of laws to be codified. Originality/value - Public international law scholars have not touched the topic from a Sufi viewpoint. This paper opens new challenging arena for those who are engaged in. Keywords Public international law, Sufism, Mysticism, Gnosticism, Religion, Islam Paper type Conceptual paper 22 - Principle of: respecting acquired rights Acquired (or verted) rights are those which are not naturally bestowed to man, but it is acquired through his own efforts. For example, sovereignty right is among the cases of this principle. According to Article 38 of statute of International Court of Justice, the said principle is considered as one of the sources of International law for settlement of disputes. Rights and privileges gained by lapse of time is one of the cases of acquired rights which is resulted from this principle. Principle of status quo ante in Islamic jurisprudence as per definition given by Sheikh Morteza Ansari in his Treatise is retaining what has been before which means to believe the existence for what has been existed in a previous time. This definition opens discussion about the acquired rights. Although the aforementioned definition reveals some differences between status quo ante and acquired rights but since both of them consider the previous privileges liable Emerald International Journal of Law and Management Vol. 54 No. 1, 2 pp. 5-25 The author is grateful to Dr Abul Hassan of Markfield Institute of Higher Education (Markfield, © Emerald Group Publishing Limited UK) r h k 17212 UK) for his kind valuable comments on the manuscript. DCI 10.1108/17542431211189588

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