freedom of navigation and passage rights in islamic thought /
First Statement of Responsibility
Hassan S. Khalilieh, University of Haifa, Israel.
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Cambridge, United Kingdom ;$aNew York, NY, USA :
Name of Publisher, Distributor, etc.
Cambridge University Press,
Date of Publication, Distribution, etc.
2019.
PHYSICAL DESCRIPTION
Specific Material Designation and Extent of Item
pages cm.
SERIES
Series Title
Cambridge studies in Islamic civilization
GENERAL NOTES
Text of Note
Based on author's thesis (J.S.D.--Saint Thomas University (Miami, Fla.). School of Law, 2014).
INTERNAL BIBLIOGRAPHIES/INDEXES NOTE
Text of Note
Includes bibliographical references and index.
CONTENTS NOTE
Text of Note
Machine generated contents note: Introduction; 1. Freedom of the Seas; 2. Offshore Sovereignty and the Territorial Sea; 3. Piracy and Its Legal Implications; Conclusion.
8
SUMMARY OR ABSTRACT
Text of Note
"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"--
Text of Note
"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"--