Religious actors and international law /
Cismas, IoanaAuthor
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.
Bibliographic Level Mode of Issuance: Monograph
Includes bibliographical references and index.
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.
Description based on print version record.
Machine generated contents note: I.From Religion to Religious Actors -- II.Societal Pertinence and Legal Relevance -- III.From (In)compatibility Towards Accountability -- I.RELIGION, ITS ACTORS, AND INTERNATIONAL LAW -- 1.Religion and International Law Revisited -- I.Introduction -- II.Narratives on Religion and International Law -- 1.Acknowledging and recuperating religion -- 2.Insisting on the separation of law and religion -- 3.Recasting the debate: religious actors and their accountability framework -- III.Relevant Provisions of International Law -- 1.International instruments -- 2.Regional human rights instruments -- 3.International humanitarian law and criminal law instruments -- 4.Freedom of religion---a customary norm? -- IV.Conclusion -- 2.Religious Actors as an Analytical Category -- I.Introduction -- II.Definitional Contours of Religious Actors -- 1.Transcending the state/non-state divide and assuming the role of interpreters of religion --
Contents note continued: 2.Claiming special legitimacy -- III.Religious Actors' Cooperation and Divergence in International Fora -- 1.Sexuality and reproduction -- 2.Defamation of religions -- IV.The Acquisition of Rights and Obligations in International Law -- 1.The (still) dominant narrative: the subjects doctrine -- 2.The capacity approach and the reconceptualization of international legal personality -- V.Conclusion -- II.OPERATIONALIZING THE ANALYTICAL CATEGORY OF RELIGIOUS ACTORS -- 3.Religious Organizations Under the European Convention Regime -- I.Introduction -- II.Religious Organizations as Claimants of Rights Under the European Convention -- 1.The non-governmental requirement and established churches -- 2.The victim requirement and the rights invoked by religious organizations -- 2.1.Religious organizations as claimants of rights under articles 6, 13, 10, 11 and article 1 of Protocol 1 --
Contents note continued: 2.2.Non-profit legal entities pursuing religious or philosophical objects as exceptional right holders under article 9 -- 2.2.1.Freedom of religion and belief denied to profit-making corporations -- 2.2.2.Freedom of conscience denied to non-profit organizations -- 2.3.A right of religious organizations not to have their religious feelings offended? -- 2.4.Parental rights under article 2 of Protocol 1 for religious organizations? -- III.Positive Obligations of States and the Responsibilities of Religious Organizations in the Context of Church Autonomy -- 1.The right to religious autonomy -- 1.1.The scope of religious autonomy -- 2.Positive state obligations and the responsibilities of religious organizations -- 2.1.The principle of voluntariness as the sole limitation to church autonomy in the early case law of the EComHR -- 2.1.1.Xu Denmark and Hautaniemi v. Sweden -- 2.1.2.Early alternative approaches --
Contents note continued: 2.2.The procedural and substantive limitations to church autonomy in recent case law of the ECtHR -- 2.2.1.Pellegrini v. Italy: a new approach to church autonomy -- 2.2.2.Lombardi Vallauri v. Italy: the assertion of procedural limitations -- 2.2.3.Church employment cases: the emergence of substantive limitations -- 2.2.4.Assessing the legitimacy of religious interpretations -- IV.Conclusion -- 4.The Holy See-Vatican State-Like Construct -- I.Introduction -- II.Some Preliminary Observations on the Personality Question -- III.The Post-1870 International Status of the Holy See -- IV.The Personality Question Read in the Light of the Lateran Treaty -- 1.Territory -- 2.Permanent population -- 3.Government -- 4.Independence -- 4.1.Independence from a state versus independence from an international person -- 4.2.The relation between the Holy See and the Vatican and its implications for statehood --
Contents note continued: 4.2.1.The Lateran Treaty subordinates the Vatican to the Holy See -- 4.2.2.The Lateran Treaty does not establish agency or representation -- V.Self-Perception of the Holy See and the Logic Behind the Dual Personality Scenario -- VI.On Practice -- 1.The personality question and bilateral diplomatic relations -- 1.1.The US-Holy See relations: recognition of a state or a church? -- 2.The personality question in domestic jurisprudence -- 2.1.Contrasting Banque du Gothard and Marcinkus and Others -- 2.2.Holy See v. Starbright Sales Enterprises -- 2.3.The personality question and clerical child sexual abuse in US courts -- 3.Participation in international organizations and multilateral conventions -- 3.1.The Universal Postal Union: erratic practice of two personalities or the practice of a construct? -- 3.2.The Holy See and its permanent observer state status at the UN -- 4.International human rights treaties and the Holy See's obligations --
Contents note continued: 4.1.The Holy See's reservations to the Convention on the Rights of the Child -- 4.2.Challenging the Holy See's understanding of its obligations under the Convention on the Rights of the Child -- 4.3.An intermezzo on the practice of the Committee on Elimination of Racial Discrimination -- 4.4.The Holy See's obligations under the CRC concerning clerical child sexual abuse in the Irish context -- VII.Conclusion -- 5.The Organization of Islamic Cooperation as Interpreter of Human Rights in the Context of Islam -- I.Introduction -- II.The OIC as an Actor with Religious Contours and its Internal Diversity -- III.Regionalism and Cultural Relativism -- 1.The fragmentation framework and regionalism -- 2.Cultural relativism: from challenging the universality of human rights to forging their legitimacy -- IV.The OIC: Between Religionalism' and Regionalism -- 1.The Cairo Declaration on Human Rights in Islam --
Contents note continued: 1.1.Human rights law in accordance with Islamic Shari'ah -- 1.1.1.The missing rights -- 1.1.2.Sharia limitation clauses -- 1.1.3.Islamic reservations to human rights treaties -- 1.1.4.Sharia as the interpretative principle of the Cairo Declaration -- 1.2.The Cairo Declaration's influence and the accountability of the OIC -- 2.The Covenant on the Rights of the Child in Islam -- 2.1.The missing right: religious freedom -- 2.2.Religious limitations and clawback clauses -- 2.3.General convergence with the Convention on the Rights of the Child and the potential for increased protection -- 2.4.Coherence with the system of international law -- 3.The OIC Independent Permanent Human Rights Commission -- 3.1.Mandate of the OIC IPHRC -- 3.2.Procedural aspects -- V.Conclusion -- Conclusions: Accountability and Legitimacy -- I.Do Religious Actors Form an Autonomous Legal Category? -- II.A Tale of Legitimacy.
Religion and law
International law
Law, Politics & Government
Law, General & Comparative