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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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