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A Foucauldian Approach to International Law
Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and s...
The International Human Right to Freedom of Conscience
This title was first published in 2002: This text addresses the problem of conflict that arises between the human right to freedom of religion and the human right to freedom of belief, for example, certain religious beliefs are in conflict with certain women's rights. The pricipal goal of this book is to distinguish between the more formalized, and recognized, notion of protecting religious beliefs from what is referred to as conscientious beliefs - a belief external to a religious context.
A Foucauldian Approach to International Law
The objective of the book is to offer Foucault's understanding of power and knowledge as the basis for interpreting the international system. Foucault begins to account for a current understanding of power and knowledge in a complex and multifaceted world that has not been adequately accounted for in current studies. The key advantage is that Foucault offers a transgressive approach that is not rooted in any single or systematic interpretation. The significence of the approach therefore lies in the fact that no one school of thought must be adopted in order to comprehend the importance of a particular action or development. Rather, the author intends to offer an integrative understanding that would be sufficient for a number of different approaches to international law and international relations.
The Contest and Control of Jerusalem's Holy Sites
The Holy Places of Jerusalem's Old City are among the most contested sites in the world and the 'ground zero' of the Israeli-Palestinian conflict. Tensions regarding control are rooted in misperceptions over the status of the sites, the role of external bodies such as religious organizations and civil society, and misunderstanding regarding the political roles of the many actors associated with the sites. In this volume, Marshall J. Breger and Leonard M. Hammer clarify a complex and fraught situation by providing insight into the laws and rules pertaining to Jerusalem's holy sites. Providing a compendium of important legal sources and broad-form policy analysis, they show how laws pertaining to Holy Places have been implemented and engaged. The book weaves aspects of history, politics, and religion that have played a role in creation and identification of the 'law.' It also offers solutions for solving some of the central challenges related to the creation, control, and use of Holy Places in Jerusalem.
Holy Places in the Israeli-Palestinian Conflict
This book addresses the major generators of conflict and toleration at shared holy places in Palestine and Israel. Examining the religious, political and legal issues, the authors show how the holy sites have been a focus of both conflict and cooperation between different communities. Bringing together the views of a diverse group of experts on the region, Holy Places in the Israeli-Palestinian Conflict provides a new and multifaceted approach to holy places, giving an in-depth analysis of relevant issues. Themes covered include legal regulation of holy places; nationalization and reproduction of holy space; sharing and contesting holy places; identity politics; and popular legends of holy s...
Religious Freedom Under Scrutiny
Freedom of religion or belief is deeply entrenched in international human rights conventions and constitutional traditions around the world. Article 18 of the Universal Declaration of Human Rights enshrines the right to freedom of thought, conscience, and religion as does the International Covenant on Civil and Political Rights, which the United Nations General Assembly adopted in 1966. A rich jurisprudence on freedom of religion or belief is based on the European Convention on Human Rights, drafted in 1950 by the Council of Europe. Similar regional guarantees exist in the framework of the Organization of American States as well as within the African Union. Freedom of religion or belief has ...
Philosophical Foundations of International Criminal Law
This first edition of Philosophical Foundations of International Criminal Law: Correlating Thinkers contains 20 chapters about renowned thinkers from Plato to Foucault. As the first volume in the series "Philosophical Foundations of International Criminal Law", the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law.
The Crime of Aggression, Humanity, and the Soldier
Explores the moral and legal implications of the criminality of aggressive war for the soldiers who fight, kill and are killed.
Being in the World
It is commonly agreed that we live in an age of globalization, but the profound consequences of this development are rarely understood. Usually, globalization is equated with the expansion of economic and financial markets and the proliferation of global networks of communication. In truth, much more is at stake: Traditional concepts of individual and national identity as well as perceived relationships between the self and others are undergoing profound change. Every town has become a potential cosmopolis—an international city—affecting the way that people conceptualize the relationship between public order and political practice. In Being in the World, noted political theorist Fred Dal...
