Tag Archives: International Law

“The Protection of Religious Minorities Worldwide” (Defeis and O’Connor, eds.)

Last month, Pax Romana released “The Protection of Religious Minorities Worldwide,” edited by Elizabeth F. Defeis (Seton Hall Law School) and Peter F. O’Connor. Prof. Defeis is an alumna of St. John’s Law and a member of the Advisory Board of the Center for International and Comparative Law at St. John’s.  Mr. O’Connor is a third-year law student at St. John’s. The publisher’s description follows:

Throughout history, religious minorities have experienced discrimination, persecution, expulsion, and genocide. Further, in the last decade, the world has witnessed an unprecedented increase in violent persecution of religious minorities, particularly in the Middle East, in Asia and in Africa. Yet the international community has been a bystander and has not been able or willing to develop a strategy to protect persecuted religious minorities and to stop their expulsion and genocide. After the Second World War with the creation of the United Nations, there were great hopes that all peoples could live in peace with one another as good neighbors, based on the fundamental human rights and the practice of tolerance as stated in the Preamble of the United Nations Charter. However, the United Nations never developed specific and effective strategies to protect the human rights of religious minorities and to stop their persecution, expulsion and genocide. Even so, we must recognize that the United Nations has been providing humanitarian assistance to refugees who fled for religious reasons. The 2014 Symposium at the United Nations in New York on the “Protection of Religious Minorities Worldwide” was directed at the international community in the hope that it will acknowledge the dire situation of so many religious minorities and will adopt practical strategies and measures for protection of, and strong humanitarian assistance for, the expelled religious refugees.

Nagamine, “The Legitimization Strategy of the Taliban’s Code of Conduct”

In October, Palgrave Macmillan will release “The Legitimization Strategy of the Taliban’s Code of Conduct: Through the One-Way Mirror” by Yoshinobu Nagamine (World Economic Forum, Geneva). The publisher’s description follows:

The Afghan Taliban are often judged against international norms; what is,9781137537164 however, less known is that they have produced their own set of norms designed to guide their conduct. In this insightful study, Yoshinobu Nagamine examines the Taliban’s internal code of conduct, the Layeha. Nagamine analyzes the Layeha in comparison with Islamic Law and international humanitarian law and conducts interviews with Taliban members to understand how they interpret and refer to the Layeha. The results of these interviews give readers an insider’s view of the legitimization strategy of the Taliban leadership. This work makes a significant contribution to research on non-state actors, counterinsurgency, and Islamic fundamentalism, and it serves as an indispensable resource for scholars of the Afghan Taliban.

Wong, “Discerning the Powers in Post-Colonial Africa and Asia”

This month, Springer Press releases “Discerning the Powers in Post-Colonial Africa and Asia: A Treatise on Christian Statecraft,” by Pak Nung Wong (University of Bath).  The publisher’s description follows:

Qualifying post-Westphalian sovereign statehood as a ‘power’ as argued for in Hendrik Berkhoff’s political theology, this book addresses the decades-long theological-spiritual debate between Christian realism and Christian pacifism in U.S. foreign policy and global Christian circles. It approaches the debate by delving into the pacifist Anabaptist political theology and delineates empirically how sovereign statehood in post-colonial Africa and Asia has fallen into the hands of the devil Satan, as a ‘fallen power’ in the Foucaultian terms of power structures, techniques and episteme. While the book offers intervention schemes and options, it holds that Christian statecraft remains the source of hope to effectively address a number of serious global issues. By extension, the book is thus an invitation to ignite debates on the suitability of Christian statecraft and the nexus between spirituality and world politics, making it especially interesting for scholars and students in the fields of International Politics, Politics of Asian and African States, Post-colonial Studies and Political Theology.

Hogan, “Keeping Faith with Human Rights”

This month, the Georgetown University Press releases “Keeping Faith with Human Rights,” by Linda Hogan (Trinity College Dublin). The publisher’s description follows:

The human rights regime is one of modernity’s great civilizing triumphs. From the formal promulgation of the Universal Declaration of Human Rights in 1948 to the subsequent embrace of this declaration by the newly independent states of Africa, human rights have emerged as the primary discourse of global politics and as an increasingly prominent category in the international and domestic legal system. But throughout their history, human rights have endured sustained attempts at disenfranchisement.

In this provocative study, Linda Hogan defends human rights language while simultaneously reenvisioning its future. Avoiding problematic claims about shared universal values, Hogan draws on the constructivist strand of political philosophy to argue for a three-pronged conception of human rights: as requirements for human flourishing, as necessary standards of human community, and as the basis for emancipatory politics. In the process, she shows that it is theoretically possible and politically necessary for theologians to keep faith with human rights. Indeed, the Christian tradition—the wellspring of many of the ethical commitments considered central to human rights—must embrace its vital role in the project.

Janssen, “Faith in Public Debate”

In April, Intersentia published “Faith in Public Debate: On Freedom of Expression, Hate Speech and Religion in France and The Netherlands,” by Esther Janssen (University of Amsterdam).  The publisher’s description follows: 

Should a politician be free to fiercely attack the religion of a sector of the population? Should he be allowed to strongly reject the culture of a
 particular minority group? Should religious adherents be allowed to advocate the transition from a democratic to a theocratic state? Should a satirical magazine be free to mock religious figures and practices? These sort of questions concern ‘the place of faith in public debate’ and continue to dominate public discussion that has been fuelled by a series of events, including the terrorist attacks in New York, Madrid and London; the assassination of Dutch film director Theo van Gogh; the affair of the Danish Cartoons; the prosecution of Dutch politician Geert Wilders for his statements on Islam and Muslims; and the terrorist attack on French satirical magazine Charlie Hebdo in Paris.

The overarching question triggered by these events concerns the relationship between freedom of expression and the regulation of ‘hate speech’; which forms of hate speech should the state prohibit, on what grounds and by which means? Notably, the restriction of hate speech uttered in the context of the public debate about multiculturalism, immigration, integration and Islam, and of religious fundamentalism has become a topic of lively discussion.

This research constitutes the first international comparative study that provides a profound analysis of the law on hate speech in France and the Netherlands and under European and international law. It thoroughly examines the national legislation, its drafting history, policy and other legal documents and case law including famous legal cases against Dutch politician Geert Wilders, French politician Jean-Marie Le Pen and le Front National, French comedian Dieudonné and satirical magazine Charlie Hebdo. It also makes reference to the most recent international hate speech literature and discusses its key issues. This book can, thereby, form a source of inspiration for anyone interested or involved in the regulation of hate speech: academics; legislators; judges; prosecutors; politicians; interested citizens; and involved NGO’s and can contribute to the ‘faith in public debate’, by elucidating its possible boundaries.

Hurd, “Beyond Religious Freedom: The New Global Politics of Religion”

In September, Princeton University Press will release “Beyond Religious Freedom: The New Global Politics of Religion” by Elizabeth Shakman Hurd (Northwestern University). The publisher’s description follows:

In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome.

Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between “expert religion,” “governed religion,” and “lived religion,” Hurd charts new territory in the study of religion in global politics.

“Radicals and Reactionaries in Twentieth-Century International Thought” (Hall, ed.)

Here is an interesting looking volume of essays that explores some of the Radicals and Reactionariesideological fringes in international political and legal thought, Radicals and Reactionaries in Twentieth-Century International Thought, edited by Ian Hall (Griffith University, Australia) and published by Palgrave Macmillan this month. The publisher’s description follows.

The history of international thought is a burgeoning field in International Relations, but so far it has mainly concentrated on the work of American and British “realists” and “idealists.” This book breaks new ground, moving beyond Anglophone thinkers and the mainstream traditions to examine the work of radicals and reactionaries from across the world. It includes original chapters on German conservatives and Italian socialists, Labour Party radicals and French fascists, as well as Italian and Japanese imperialists and Indian anti-colonialists. It explores the transnational transmission of theories and traditions of international thought, as well as their reception, adaptation, and rejection by thinkers across Europe and Asia during the course of the twentieth century.

Kamali, “The Middle Path of Moderation in Islam”

This June, Oxford University Press will release “The Middle Path of Moderation in Islam: The Qur’anic Principle of Wasatiyyah” by Mohammad Hashim Kamali (International Institute of Advanced Islamic Studies).  The publisher’s description follows:

The Middle PathIn The Middle Path of Moderation in Islam, leading Islamic law expert Mohammad Hashim Kamali examines the concept of wasatiyyah, or moderation, arguing that scholars, religious communities, and policy circles alike must have access to this governing principle that drives the silent majority of Muslims, rather than focusing on the extremist fringe. Kamali explores wasatiyyah in both historical/conceptual terms and in contemporary/practical terms. Tracing the definition and scope of the concept from the foundational sources of Islam, the Qu’ran and Hadith, he demonstrates that wasatiyyah has a long and well-developed history in Islamic law and applies the concept to contemporary issues of global policy, such as justice, women’s rights, environmental and financial balance, and globalization.

Framing his work as an open dialogue against a now-decades long formulation of the arguably destructive Huntingtonian “clash of civilizations” thesis as well as the public rhetoric of fear of Muslim extremism since the attacks of September 11, 2001, Kamali connects historical conceptions of wasatiyyah to the themes of state and international law, governance, and cultural maladies in the Muslim world and beyond. Both a descriptive and prescriptive meditation on a key but often neglected principle of Islam, The Middle Path of Moderation in Islam provides insight into an idea that is in the strategic interest of the West both to show and practice for themselves and to recognize in Muslim countries.

“The Changing Nature of Religious Rights Under International Law” (Evans et al., eds.)

This Month, Oxford University Press will release “The Changing Nature of Religious Rights Under International Law” edited by Malcolm Evans (University of Bristol), Peter Petkoff (Oxford University), and Julian Rivers (University of Bristol).  The publisher’s description follows:

Changing Nature of Religious RightsThe Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law.

The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations’ support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious ‘Bills of Rights’. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

“Religion and Human Rights” (Gräb & Charbonnier, eds.)

This March, Walter De Gruyter Press will release “Religion and Human Rights: Global Challenges from Intercultural Perspectives” by Lars Charbonnier and Wilhelm Gräb (Humboldt University, Germany).  The publisher’s description follows:

Religion and Human Rights- InterculturalCurrent processes of globalization are challenging Human Rights and the attempts to institutionalize them in many ways. The question of the connection between religion and human rights is a crucial point here. The genealogy of the Human Rights is still a point of controversies in the academic discussion. Nevertheless, there is consensus that the Christian tradition – especially the doctrine that each human being is an image of God – played an important role within the emergence of the codification of the Human Rights in the period of enlightenment. It is also obvious that the struggle against the politics of apartheid in South Africa was strongly supported by initiatives of churchy and other religious groups referring to the Human Rights. Christian churches and other religious groups do still play an important role in the post-apartheid South Africa. They have a public voice concerning all the challenges with which the multiethnic and economically still deeply divided South African society is faced with. The reflections on these questions in the collected lectures and essays of this volume derive from an academic discourse between German and South African scholars that took place within the German-South African Year of Science 2012/13.