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مشروعیت و سازگاری توسل به زور ( jus ad bellum ) در حقوق بین الملل عمومی و حقوق بین الملل اسلامی
The Legitimacy and Compatibility of Use of Force ( jus ad bellum ) in Public International Law and Islamic International Law
Despite the general prohibition of using inter-state force imposed by Article 2(4) of the United Nations Charter, force has been used under the auspices of self-defence, collective security and humanitarian crises. Such use of force has brought challenges to international law regarding its existence and efficacy. Although no state has denied the validity of such prohibition, many attempts have been made to legitimise use of such force on different grounds, namely exception, expansion and explanation.
Unlike Public international law, Islamic law of Nations (Siyar) does not provide for a general prohibition of use of force but recognises circumstances in which such force can be legitimately used. The compatibility of these conflicting provisions of legitimate inter-state use of force offered by these two systems are significant for the prevention of aggressive use of force. The assessment of legitimacy of these conflicting provisions shall reveal where the legitimacy lies - is it in Islamic international law or Public international law or both or none of them?
The results of the legitimacy assessment demonstrate that these two systems could sit in plural fashion by complementing each other’s legitimacy-deficits. However, the legitimacy and compatibility of Public international law and Islamic international law significantly depend on the development of an underlying pluralistic legal framework of international law with a healthy dose of legitimacy. Therefore, a comparative analysis of these two systems reveals the extent to which a complementary legal framework could be compatible and legitimate.
The comparative analysis of the legitimacy of use of force in Public international law and Islamic international law includes examination of classical and contemporary sources to identify the existing legitimacy deficits of the two systems. The analysis follows on an inquiry into the the compatibility of these potentially two conflicting legal systems to complement each other. In this regard, the research expands on another inquiry into how the existing legitimacy deficits of the two systems could be overcome. Generally, this thesis seeks to address three fundamental and interrelated research questions, namely -
(1) To what extent use of force in Public international law and Islamic international law is legitimate?
(2) How the legitimacy deficits of Public international law and Islamic international law could be overcome?
(3) Whether use of force in Public international law and Islamic international law can be compatible in modern world to secure higher degree of legitimacy?
هیئت مدیره در شرکت های فهرست شده تحت سیستم حاکمیت شرکتی در حقوق عربستان در مقایسه با قوانین انگلیسی و استانداردهای جهانی
The Board of Directors in Listed Companies Under the Corporate Governance System in Saudi Law as Compared to English Law and Global Standards
Saudi Arabia has a unique environment in terms of its political, economic, legal and judicial aspects which have some anomalous characteristics that create challenges for corporate governance. Further challenges are presented by the current structure of listed companies and by Saudi Arabia’s Vision for 2030.1 This environment significantly influences the role of the board of directors in listed companies and increases its role in safeguarding the interests of different shareholders and stakeholders. This thesis reviews the new legislation relating to corporate governance in Saudi Arabia in relation to the board of directors in listed companies and the extent to which such legislation affects its relationships with the main parties in the company. It defines the major features of the new Saudi Law of Companies, issued in 2015, and the new Corporate Governance Regulation, issued in 2017. The thesis deals with all of the relevant changes in the new law and regulations. It also clarifies the extent of the improvement in corporate governance resulting from the new legislation and those aspects related to the thesis that require further reform by suggesting more details, flexibility or enforcement to meet the standards of corporate governance. It uses a comparative study with both English law and global standards and assesses the compatibility of Saudi legislation with them in this respect in a manner that suits the particularities of the legal and economic environment in Saudi Arabia.
The thesis explores the main theories and the most prominent models of corporate governance that affect the role of the board of directors. It discusses the composition of the board of directors, including the diversity of board membership, structure and models as well as the provisions for shadow directors. It also covers the relationship of the board of directors with the AGM, board meetings, company committees, company auditors, stakeholders and – in particular – employees.