This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure.
The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names democratic egalitarian multilateralism is founded on: the idea of egalitarian law by Suhrawardi, the account of substantial motion by Mulla Sadra, and the ideal of intercultural dialectical democracy developed by Rumi. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that democratic egalitarian multilateralism could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment.
Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.