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This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
From 2005 to 2008, the British Institute of International and Comparative Law has been conducting a comprehensive project on human rights in the Islamic Republic of Iran. The project's focus was to promote human rights as a central part of the dialogue in which the European Union and Iran have been engaged since 2002. This publication is one of the outputs of that project. It is designed as a practical guide and reference book for lawyers and other human rights defenders, and it describes the international legal framework of human rights. This account of the fundamental principles of treaty law and practice facilitates better understanding of the structure and functioning of the human rights system at the international level. Focus is then placed on selected individual human rights and on the issues encountered by vulnerable groups, on the basis of significance of the topics to both parties to the dialogue. In each section, analysis is accompanied by the relevant provisions of international human rights instruments and case law. The book concludes with a list of bibliographical sources suggested for further reading.
Environmental Law in Arab States offers a comprehensive and authoritative account of the guiding principles and rules relating to environmental protection in the Arab region. Taking an international and comparative approach, the book introduces readers to the latest developments of environmental law across the Arab region through applicable legislation, green finance, and climate technologies The impact of these is assessed in each of the major areas of environmental regulation, air pollution, water pollution, biodiversity, conservation of nature and cultural heritage, infrastructure development, and Islamic ecology. Consideration is given to participatory and bottom-up legal strategies - fo...
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
From 2005 to 2008, the British Institute of International and Comparative Law has been conducting a comprehensive project on human rights in the Islamic Republic of Iran. The project's focus is to promote human rights as a central part of the dialogue in which the European Union and Iran have been engaged since 2002. This publication is one of the outputs of that project, designed as a practical guide and reference book for foreign jurists and human rights defenders. It deals with Iran's legal system and its internal safeguards for human rights. This book covers the political structure of Iran, the history of the judiciary in Iran, the sources and nature of Iranian law, and the internal safeguards for fundamental freedoms and rights.
This book will be of significant interest to those studying and researching biotechnology, plant breeding, genetic resources, intellectual property law and agricultural economics."--BOOK JACKET.
This work is distinctive among the studies regarding the limitations on freedom of expression in Iran. It thoroughly studies the Islamic Republic of Iran’s efforts in controlling book publishing activities through passing laws and regulations. Book publishing in Iran is considered as a cultural activity that aims at promoting a certain reading of Islamic values and beliefs in the society and avoiding specific ideas that are considered obscene, politically unacceptable, or incompatible with Islamic norms. THE LEGAL SYSTEM CONCERNING BOOK PUBLISHING IN IRAN represents a comprehensive and reliable source of information that thematically categorizes and analyzes the contents of the laws and sh...
The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.
In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance? This edited collection gives readers an overview of the shape and reach of biodiv...