Yearbook of Islamic and Middle Eastern Law: 2002-2003 by Visiting Professor of Law Eugene Cotran, Martin Lau

By Visiting Professor of Law Eugene Cotran, Martin Lau

The Yearbook of Islamic and heart jap legislation is the flagship ebook of the Centre of Islamic and center japanese legislations (CIMEL) of the varsity of Oriental and African reports (SOAS) in London. it truly is more and more considered as the major foreign discussion board for remark on, and research of, rising concerns in a box of research of everincreasing international importance. there's no extra invaluable and thorough summary of what has occurred in Islamic and heart jap legislation over the past 12 months. With quantity eight -and the appearance of Martin Lau as co-editor with Eugene Cotran- the Yearbook starts a ramification of its purview into non-Arab Islamic nations, starting during this quantity with essays overlaying matters in Afghanistan and Kenya. The Yearbook will stay an authorative resource of insightful remark and scholarship on correct advancements anywhere the effect of Islamic legislation is felt.

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Contrary to what critics claim, however, the military action was not illegal, nor was the government’s legal case made up on the hoof. Lord Alexander of Weedon, QC, was right to emphasise in The Times (and see also pp. 3-28) the importance of the legal issue but he was wrong to liken Iraq to Suez and to characterise it as military adventurism. Britain’s actions over Suez had no semblance of legality and the Prime Minister of the day was openly dismissive of international law. In sharp contrast, the present government has gone to great lengths to ensure that it acted within the law and to explain the legal basis for its actions.

Iraq: The Pax Americana and the Law 27 the lawfulness of what it did in our name. The second too is positive. The United States is, for the future, the only world power which can act unilaterally and its values and commitment to democracy make it the least undesirable supreme power. But while we are thankful for this, we should also be wary. S. action when it threatened the balance of world power, has collapsed. To create a new multilateralism is not easy. N. N. sanctioned intervention to prevent genocide and humanitarian disaster.

There was the specific provision enabling “all necessary measures” which clearly would have included force, to guarantee the inviolability of the boundary between Kuwait and Iraq. But in sharp contrast there was no provision at all in this resolution for the use of force to enforce the disarmament obligations. Nor has there been any subsequent resolution that provided for the use of force against Iraq. 85 But the flag simply cannot fly. The language of 660 was restrictive, clearly designed to achieve the end of the Iraqi invasion of Kuwait.

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