Islamic law of the sea freedom of navigation and passage rights in Islamic thought
"The doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though, is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan Khalilieh highlights Islamic legal doctrine regarding freedom of the seas...
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| Formato: | Libro electrónico |
| Idioma: | Inglés |
| Publicado: |
Cambridge, United Kingdom ; New York, NY :
Cambridge University Press
2019.
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| Colección: | CUP ebooks.
Cambridge studies in Islamic civilization. |
| Acceso en línea: | Conectar con la versión electrónica |
| Ver en Universidad de Navarra: | https://innopac.unav.es/record=b39777625*spi |
| Sumario: | "The doctrine of modern law of the sea is commonly believed to have developed from Renaissance Europe. Often ignored though, is the role of Islamic law of the sea and customary practices at that time. In this book, Hassan Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not a necessarily European creation. Beginning with the commonality of the sea in the Qur'an and legal methods employed to insure the safety, security, and freedom of movement of Muslim and aliens by land and sea, Khalilieh then goes on to examine the concepts of territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law"-- "Right of access to the sea has preoccupied ruling authorities and jurisconsults from the dawn of ancient civilization to the present day. The scant legal evidence reaching us from the biblical and ensuing periods suggests that nations bordering the sea - such as those of the Egyptians, Phoenicians, Minoans, Hittites, Philistines, and Assyrians - codified laws regulating navigation in adjacent waters, on rivers, and on the high seas, in addition to establishing regulations pertaining to fishing and access to ports. Despite their military supremacy on land and at sea, ancient Near Eastern empires neither claimed legal dominion over the high seas, in full or in part, nor denied other nations access to them. Dominion over the sea held a symbolic rather than a formal legal standing; it was de facto rather than de jure sovereignty. However, access of foreign vessels and merchants to internal waters was restricted, falling under the exclusive sovereignty of coastal states"-- |
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| Notas: | Based on the author's thesis (J.S.D.--Saint Thomas University (Miami, Fla.). School of Law, 2014). |
| Descripción Física: | 1 recurso electrónico |
| Formato: | Forma de acceso: World Wide Web. |
| Bibliografía: | Incluye referencias bibliográficas e índice. |
| ISBN: | 9781108625265 9781108630702 |
