The Sharia, Islamic Family Laws and International Human Rights Law: Examining the Theory and Practice of Polygamy and Talaq

International human rights law (ihrl) has traditionally enjoyed an uneasy relationship with customary, religious, and indigenous forms of law. International courts and tribunals have considered these non-state forms of law to represent both structural and material challenges to the implementation of human rights norms at the domestic level. Over the course of the last decades, however, the theory and practice of human rights has increasingly started recognizing and accommodating multiple legal orders. This article traces the gradually increasing accommodation of legal pluralism in ihrl in the monitoring practice of four un human rights committees over a period of 20 years, looking in particular at the increasing recognition of religious forms of legality across the committees.

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International Human Rights Law in Theory and Practice

The Tension Between Group Rights and Human Rights : A Multidisciplinary Approach ◽

10.5040/9781472564443.ch-013 ◽

2014 ◽

Keyword(s):

Human Rights ◽

Theory And Practice ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

International Human

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Hostages and Human Rights

10.1017/9781108667029 ◽

2021 ◽

Author(s):

Sofia Galani

Keyword(s):

Human Rights ◽

International Law ◽

Theory And Practice ◽

State Responsibility ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Critical Gap ◽

International Human ◽

Comprehensive Study

Hostage-taking has increased in recent years and has become a problem of worldwide concern. Terrorists and pirates have used hostages in a rising number of incidents and the violence used has escalated alarmingly. Sofia Galani examines the taking of hostages from a victim's perspective, arguing that the international community has failed to protect them. By evaluating various international law concepts and frameworks, including jurisdiction in international law, state responsibility and international human rights law, Galani explains why we are still far from recognizing hostages as victims of human rights violations. She then addresses the question of what can be done to safeguard the human rights of hostages both in theory and practice. Being the first comprehensive study of the human rights of hostages, this book fills a critical gap in the literature for human rights lawyers and researchers in the field.

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Is All Fair in Distancing Human Rights from Customary International Law Rule on State of Necessity?

Mediterranean Journal of Social Sciences ◽

10.36941/mjss-2020-0029 ◽

2020 ◽

Vol 11 (3) ◽

pp. 53

Author(s):

Dmitry V. Krasikov ◽

Nadezhda N. Lipkina

Keyword(s):

Human Rights ◽

International Law ◽

Basic Research ◽

The State ◽

Theory And Practice ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Rfbr Grant ◽

International Human

The international human rights law theory and practice traditionally follow the path of distancing human rights from the state of necessity under general international law. The existence of derogation clauses contained in major human rights treaties excludes the possibility for States parties to invoke the customary rule on necessity to excuse non-compliance with the obligations under such treaties (the narrow distancing approach). Presently, a broader distancing approach, covering human rights obligations outside the treaties’ derogation regimes, is evolving employing certain alternative grounds for departure from human rights obligations. The article argues that the way the broader distancing approach evolves raises doubts as to its conformity with its intrinsic rationale. To address this concern a due account should be taken of the pro homine reasoning for distancing human rights from the state of necessity. The present paper is a part of a larger project “Circumstances precluding wrongfulness of conduct: the analysis of functional role and applicability parameters in the framework of International Human Rights Law” supported by the Russian Foundation for Basic Research (RFBR Grant No. 18-011-00660).

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Development of International Human Rights Law in Business and Human Rights: Clarity and Effectiveness as 'Norms of Conduct' for Companies

Impact ◽

10.21820/23987073.2021.3.38 ◽

2021 ◽

Vol 2021 (3) ◽

pp. 38-40

Author(s):

Emi Sugawara

Keyword(s):

Human Rights ◽

Associate Professor ◽

Theory And Practice ◽

International Human Rights Law ◽

Human Rights Law ◽

Global Business ◽

International Human Rights ◽

Human Rights Abuses ◽

Business And Human Rights ◽

International Human

Businesses have a significant impact on the lives of their employees, consumers and local people, and it is important that their rights are protected. That is why there are laws in place to this effect. However, despite such laws, stakeholders' rights and freedoms are not always respected, and in some countries, these laws don't exist at all, which is why the UN Guiding Principles on Business and Human Rights addresses human rights abuses committed in global business operations. But there remains a gap between the theory and practice of business and human rights. Associate Professor Emi Sugawara, Osaka University of Economics and Law, Japan, is seeking to bridge this gap. To this end, her team of frontline researchers of international human rights is working to reassess clarity and effectiveness of international human rights law as 'norms of conduct' for companies through a theoretical consideration. Ultimately, the researchers want to fill knowledge gaps related to business and human rights and influence Japanese society, effecting positive change.

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