Religious Actors And International Law

Religious actors are unique in international governance due to the theological context in which they operate. This book demonstrates that while their role and actions may be distinct, they rely on international law to add legitimacy to their actions, and are bound by international legal rules and norms in the same way as other actors.

This book assesses whether a new category of 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.

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.

This book seeks to argue that religious actors play a crucial role in the complex processes of entering or re-entering the public spheres of state, political, and civil society. Seeking to ameliorate the analytical lacuna and concentrating on both the meso and micro levels of religious public involvement, the contributors explain how representatives from religious and political institutions act and interact in a variety of ways for various purposes. Analysing empirical examples from both Europe and beyond, and including a variety of religions, including multi-faith platforms, the volume examines selected religious actors’ objectives, means and strategies and effects in order to address the following questions: • What are selected religious actors’ public and/or political activities and objectives? • In what ways and with what results do selected religious actors operate in various public spheres? • What are the consequences of religious actors’ political involvement, and which factors condition the degree to which they are successful? Whilst focusing mainly on Europe, the book also utilizes examples from Egypt, Turkey and the USA to provide a valuable and unique comparative focus. The contributors demonstrate that various religious actors, whether functioning as interest groups or social movements, and almost irrespective of the religious tradition to which they belong and the culture from which they emanate, do not necessarily differ markedly in terms of strategies. This important study will be of great interest to all scholars of International Politics, Religion, and Public Policy.

The 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.

Haynes looks at religious transnational actors in the context of international relations, with a focus on both security and order. With renewed scholarly interest in the involvement of religion in international relations, many observers and scholars have found this move unexpected because it challenges conventional wisdom about the nature and long-term historical impact of secularisation. The 'return' of religion to international relations necessarily involves deprivatisation. Recent challenges to international security and order emanate from various entities, notably 'extremists', people often said to be 'excluded' from the benefits of globalisation for reasons of culture, history and geography. This study looks at the dynamics of this new religious pluralism as it influences the global political landscape. Several specific transnational religious actors are examined in the chapters including: American Evangelical Protestants, Roman Catholics, the Organisation of the Islamic Conference, Sunni extremist groups (al Qaeda and Lashkar-e-Taiba), and Shia transnational networks. While varying widely in what they seek to achieve, they also share an important characteristic: each seeks to use religious soft power to advance their interests. In sum, these religious transnational actors all wish to see the spread and development of certain values and norms, which impact on international security and order.

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

This volume offers a many-sided introduction to the theme of Christianity and international law. Using a historical and contemporary perspective, it will appeal to readers interested in key topics of international law and how they intersect with Christianity.