Religion and International Law

Religion and International Law
Author: Mark W. Janis
Publisher: Martinus Nijhoff Publishers
Total Pages: 544
Release: 1999-07-13
Genre: Political Science
ISBN: 9789041111746

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One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.

Christianity and International Law

Christianity and International Law
Author: Pamela Slotte
Publisher: Cambridge University Press
Total Pages: 535
Release: 2021-05-20
Genre: Law
ISBN: 1108642950

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This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to understand and move past arguments, narratives and tropes that commonly frame law-religion studies in global governance. Readers are introduced to a range of confessional and critical perspectives explicitly engaging a diverse range of methodological and theoretical orientations to rethink how we experience and find ourselves caught within the phenomena of Christianity and international law.

Religion and International Law

Religion and International Law
Author: Robert Uerpmann-Wittzack
Publisher: BRILL
Total Pages: 397
Release: 2018-08-23
Genre: Law
ISBN: 9004349154

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Living together explores international law responses to the challenges of growing religious antagonisms. Building on historic concepts, it looks at the role of religious institutions and religious law before examining the contribution of human rights bodies and particular human rights.

Freedom of Religion Or Belief

Freedom of Religion Or Belief
Author: Heiner Bielefeldt
Publisher: Oxford University Press
Total Pages: 701
Release: 2016
Genre: Law
ISBN: 0198703988

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This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.

International Law and Religion

International Law and Religion
Author: Martti Koskenniemi
Publisher: Oxford University Press
Total Pages: 481
Release: 2017
Genre: Law
ISBN: 019880587X

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This collective volume brings together contributions by academics in various fields of law and the humanities, in order to tackle the complex interactions between international law and religion. The originality and the variety of approaches makes this book a must-have for academics planning to approach the topic in the future.

Religious Actors and International Law

Religious Actors and International Law
Author: Ioana Cismas
Publisher: Oxford University Press, USA
Total Pages: 385
Release: 2014
Genre: Law
ISBN: 0198712820

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This book assesses whether a new category of actors-religious actors-has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

The Right to Religious Freedom in International Law

The Right to Religious Freedom in International Law
Author: Anat Scolnicov
Publisher: Routledge
Total Pages: 383
Release: 2010-10-18
Genre: Law
ISBN: 113690705X

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This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.

Religion, Human Rights and International Law

Religion, Human Rights and International Law
Author: Javaid Rehman
Publisher: Martinus Nijhoff Publishers
Total Pages: 593
Release: 2007
Genre: Religion
ISBN: 900415826X

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Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

Freedom of Religion or Belief

Freedom of Religion or Belief
Author: Heiner Bielefeldt
Publisher: Oxford University Press
Total Pages: 869
Release: 2016-01-21
Genre: Law
ISBN: 0191009199

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Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of religion or belief is a key human right: the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodies (for example the Human Rights Committee, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. Freedom of Religion or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur's framework for communications, the commentary analyses, for example, the limitations on the wearing of religious symbols and vulnerable situations, including those of women, detainees, refugees, children, minorities and migrants, through a combination of scholarly expertise and practical experience.

Religion and Law in Spain

Religion and Law in Spain
Author: Javier Martínez-Torrón
Publisher: Kluwer Law International B.V.
Total Pages: 280
Release: 2018-04-19
Genre: Religion
ISBN: 9403500441

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Spain deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Spain. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.