فاعليّة الوسائل الدّبلوماسيّة وتبادل التّمثيل في فضّ المنازعات الدّوليّة وتطوير العلاقات :دراسة تحليليّة من منظور الشّريعة الإسلاميّة والقانون الدّولي
This research focuses on international diplomatic law as one the most important topics in international law. Diplomatic law embodies the practice of international diplomacy and constitutes a fundamental aspect of international law which allows the exchange of representation between countries, provid...
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| Main Authors: | , |
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| Format: | Thesis |
| Language: | other |
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| Online Access: | https://oarep.usim.edu.my/bitstreams/7b369f52-53ab-469b-a831-ba50c39f2093/download https://oarep.usim.edu.my/bitstreams/efb9bd4f-4742-458f-9b0c-70081f56da8d/download https://oarep.usim.edu.my/bitstreams/c95f6acd-3773-471f-ac9d-02e4192bbb34/download https://oarep.usim.edu.my/bitstreams/a3a80880-19a9-451f-b537-7c2dd1966c28/download https://oarep.usim.edu.my/bitstreams/9bcb9ab5-c72d-4ad9-8399-1f5f166c8b89/download https://oarep.usim.edu.my/bitstreams/0ffc69a5-0e30-4193-9f97-b0d248fcaf70/download https://oarep.usim.edu.my/bitstreams/1bf17da4-0f2f-4f7d-b6e8-9b3ee33eed7e/download |
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| Summary: | This research focuses on international diplomatic law as one the most important topics in international law. Diplomatic law embodies the practice of international diplomacy and constitutes a fundamental aspect of international law which allows the exchange of representation between countries, provides protection for diplomats, and as a channel to resolve disputes among states diplomatically. Despite efforts in the international legal arena to promulgate legal texts, jurisprudential interpretations, and scholarly writings in the field of diplomatic relations, there are still international crises associated with diplomatic ineffectiveness in contributing to international stability and security. It is submitted in this research that the resolution of international conflicts should be tackled from the perspective of diplomatic law. It has been observed that many of the issues revolve around the parties' unwillingness to use the diplomatic channel to resolve international crises. To avoid war between states, the diplomatic channel should be used more effectively. It is to be noted also that the privileges granted to the permanent powers in the United Nations are one of the issues concerning the effectiveness of diplomatic law. This study examines the subject from the standpoint of Islamic law, highlighting key Islamic principles that can shed light on the legal aspects of diplomatic law. This research examines international legal texts, cases, Islamic law references, and scholarly writings from the perspectives of both international law and Islamic law. This thesis concludes that diplomatic laws are the primary and most effective tool for diplomatic representation and should be prioritized in the pursuit of international peace and stability. The diplomatic law is supported by the general corpus of public international law by granting the diplomatic representation a set of immunities and privileges in order to protect the full performance of their duties, freely and independently, and away from the interference of the receiving states' local authorities. |
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