ISLAMIC LAW & LAW OF THE MUSLIM WORLD eJOURNAL

"Who Studies International Law? Explaining Cross-National Variation in Compulsory International Legal Education" Free Download
European Journal of International Law, Forthcoming
Marquette Law School Legal Studies Paper No. 19-03

RYAN SCOVILLE, Marquette University - Law School
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MARK S. BERLIN, Marquette University
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The compulsory study of international law is a universal component of legal education in some states, but extremely uncommon or nonexistent in others. This article uses global data and statistical methods to test a number of conceivable explanations for this puzzling feature of international society. In contrast to much of the empirical literature on state behavior in relation to international law, we find that functionalist and sociopolitical variables carry little explanatory power, and that historical variables — specifically, legal tradition and regional geography — instead account for the overwhelming majority of the global pattern. We explore potential explanations for these findings and discuss implications for scholars, legal educators, and policymakers.

"Family Law in the GCC and the Best Interests of the Child: The Multiple Meanings of a Vague Legal Concept" Free Download
Hawwa – Journal of Women of the Middle East and the Islamic World, Vol. 16, No. 3, pp. 309-332, 2018
DOI: 10.1163/15692086-12341341
Max Planck Private Law Research Paper No. 19/4

LENA-MARIA MÖLLER, Max Planck Institute for Comparative and International Private Law
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This article considers the inclusion of the best interests of the child standard in the family law regimes of Bahrain, Qatar, and the United Arab Emirates, as well as its implications for our understanding of families in the Persian Gulf region. Specifically, the degree and ends to which the concept of the best interests of the child have been used in formulating the rules governing domestic child law generally, and parental care in particular, will be investigated. As the best interests of the child standard remains a vague and largely undefined legal concept in all three family codes, the analysis will not limit its focus on statutory approaches to reforming child law. More importantly, this article also considers legal practice in child law and the courts’ interpretation of the best interests of the child standard. In doing so, the article: (i.) discusses how the introduction of the best interests of the child standard has served to reform family law on its codification in Bahrain, Qatar, and the UAE; and (ii.) explores what the interpretation of the concept of best interests of the child tells us about changing societal values, family structures, and present-day attitudes towards motherhood and fatherhood in the GCC. I argue that, although the best interests of the child standard has come to influence most aspects of child law in the three countries under review, its usage and meaning remains inconsistent. The concept serves multiple purposes in the area of parental care in particular. What is still missing in all three jurisdictions is a thoroughly grounded and all-encompassing framework to determine the best interests of the child standard and also an understanding of its overall function within family law.

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About this eJournal

Islamic Law and Law of the Muslim World is an interdisciplinary forum for posting abstracts, works-in-progress, and completed scholarly works on any matter of public or private law, legal theory, legal practice or policy that bears on the modern or pre-modern Muslim world, such as studies of:
- topics in classical or contemporary shari'a;
- legal theory, practice, institutions, or actors in pre-modern Muslim regions;
- domestic law or practice in modern Muslim-majority nations, or in non-Muslim-majority nations insofar as it affects or relates to Muslims;
- international law or practice that affects or relates to Muslim-majority nations or to Muslims.

Contributions are welcome from scholars of law, history, religion, political science, international affairs or regional studies, gender studies, economics or finance, and any other discipline from which pertinent scholarship arises.

Editor: Sadiq Reza, New York Law School

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To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page.

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Directors

LSN SUBJECT MATTER EJOURNALS

BERNARD S. BLACK
Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI)
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

Islamic Law & Law of the Muslim World eJournal

KHALED M. ABOU EL FADL
Omar and Azmeralda Alfi Professor of Law, University of California, Los Angeles (UCLA) - School of Law

AZIZAH Y. AL-HIBRI
Professor, T.C. Williams School of Law, University of Richmond

NATHAN J. BROWN
Professor of Political Science and International Affairs, George Washington University - Department of Political Science

WAEL B. HALLAQ
Columbia University - Avalon Foundation Professor in the Humanities

BERNARD A. HAYKEL
Professor of Near Eastern Studies, Director - Institute for Transregional Study of the Contemporary Middle East, North Africa and Central Asia, Princeton University - Department of Near Eastern Studies

MOHAMMAD HASHIM KAMALI
Professor of Law, International Islamic University of Malaysia (IIUM) - Ahmad Ibrahim Kulliyyah of Laws

ANN ELIZABETH MAYER
Associate Professor of Legal Studies, University of Pennsylvania - The Wharton School, Department of Legal Studies and Business Ethics

DAVID STEPHAN POWERS
Professor of Islamic History and Law, Cornell University - Department of Near Eastern Studies

ABDULAZIZ A. SACHEDINA
Frances Myers Ball Professor of Religious Studies, University of Virginia - Department of Religious Studies

FRANK E. VOGEL
Founding Director, Islamic Legal Studies Program (1991-2007), Adjunct Professor of Islamic Legal Studies (Retired), Harvard Law School