scholarly journals Minorities Rights in Islamic Laws and United Nations Convention of Minorties (A Comparative Study)

2021 ◽  
Vol 39 (- 1) ◽  
Author(s):  
Muhammad Muddasar ◽  
Riaz Ahmad Saeed
Keyword(s):  
United Nations ◽  
Research Methodology ◽  
Islamic Law ◽  
Minority Rights ◽  
Fundamental Principle ◽  
Equal Rights ◽  
Analytical Research ◽  
United Nations Convention ◽  
The United Nations ◽  
United Nations Declaration

Islam seeks to establish such a society where all citizens of the state enjoy equal rights and religion does not become the basis for any discrimination. Islamic law holds both Muslims and non-Muslims equal and no superiority or privilege is given to the Muslims on any ground. It is the fundamental principle of Islamic law that it enjoins the similar rights and duties on both Muslim and non-Muslimcitizens without any discrimination. Islam ordains people to worship Allah Almighty but it does not coerce followers of other religions to accept Islam and change their creed. The United Nations recognize that minority rights are essential to protect those who wish to preserve and develop values and practices which they share with other members of their community. The United Nations has gradually developed a number of norms, procedures and mechanisms concerned with minority issues, and the 1992 United Nations Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities was approved as the fundamental instrument that guides  nations twrods minrties rights. In this article the effort were mad to compare the UN charter of minority rights. The comparative and analytical research methodology was adopted in this research. It is perceived from the study that the UN charter and Islamic law has some similarities about minority rights because it seems basic teachings of this charter of Minorities has been driven from Islamic Law. It is recommended that laws are good but there is need to improve and set practical actions to ensure minorities rights in member countries.

Removing Legal Discrimination Against Children Born Outside Marriage

1979 ◽  
Vol 4 (4) ◽  
pp. 24-27
Author(s):  
Rebecca J. Bailey
Keyword(s):  
United Nations ◽  
General Expression ◽  
Practical Significance ◽  
First Principle ◽  
Equal Rights ◽  
Rights Of The Child ◽  
The United Nations ◽  
United Nations Declaration ◽  
National Governments

The First Principle of the United Nations Declaration of the Rights of the Child (1959) states that “The child shall enjoy all the rights set forth in this Declaration. All children, without any exception whatsoever, shall be entitled to these rights, without distinction or discrimination on account of … birth or other status, whether of himself or of his family”. Such a general expression of the desirability of equal rights for all children can be of little practical significance in the absence of positive laws to give substance to its spirit. The Declaration itself recognizes this in its Preamble, which calls upon “… national Governments to recognize these rights and strive for their observance by legislation and other measures”.

THE OWNERSHIP OF CONFISCATED PROCEEDS OF CORRUPTION UNDER THE UN CONVENTION AGAINST CORRUPTION

2018 ◽  
Vol 67 (3) ◽  
pp. 669-694
Author(s):  
Anton Moiseienko
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Fundamental Principle ◽  
The State ◽  
The Rule Of Law ◽  
United Nations Convention ◽  
The United Nations

AbstractArticle 51 of the United Nations Convention against Corruption sets forth the return of assets diverted through corruption as a fundamental principle of the Convention. This raises the question of whether the State where the stolen assets are located is entitled to refuse their repatriation or subject it to certain conditions. This article analyses the Convention and the policy considerations behind it and argues that such a State has a wider discretion over the return of stolen assets than is often thought. Furthermore, the article argues that the rule of law may be better served if States take vigorous action to confiscate the proceeds of corruption regardless of whether they are ultimately repatriated.

scholarly journals The United Nations Convention on Contracts for the International Sale of Goods: Guide to Research and Literature

1996 ◽  
Vol 24 (1) ◽  
pp. 48-70
Author(s):  
Claire M. Germain
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
Fundamental Principle ◽  
Freedom Of Contract ◽  
Opt Out ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

On January 1, 1988, the United Nations Convention on Contracts for the International Sale of Goods (the Convention) became effective in the United States. In general, the Convention (also referred to as the “Vienna Sales Convention,” the “Sales Convention,” the “CISG,” or the “UN Convention”) applies to contracts for the sale of goods between enterprises having their places of business in different countries, provided these countries have adopted the Convention. Freedom of contract, however, is a fundamental principle of the Convention, and the parties may opt out or modify the effects of its provisions.

Australia and People Seeking Asylum who Arrive by Boat

2018 ◽  
pp. 518-536
Author(s):  
Caroline Fleay
Keyword(s):  
Political Parties ◽  
United Nations ◽  
Government Policies ◽  
The Past ◽  
The People ◽  
The Status ◽  
Repeated Use ◽  
United Nations Convention ◽  
The United Nations

Throughout the past forty years various leaders from both major political parties in Australia have categorized the arrival by boat of people seeking asylum as a “crisis” and the people themselves as “illegal.” This is despite Australia being a signatory to the United Nations Convention Relating to the Status of Refugees, and receiving relatively few people who seek asylum compared with many other countries. Punitive government policies and processes have further reinforced these representations, such that “crisis” and “illegal” can now be understood as both categories of analysis and practice. The repeated use of such categories may be helping to produce and reproduce prejudice and racism and obscure the needs and experiences of people seeking asylum.

Stepping back from the brink: Why multilateral regulation of autonomy in weapons systems is difficult, yet imperative and feasible

2020 ◽  
Vol 102 (913) ◽  
pp. 235-259
Author(s):  
Frank Sauer
Keyword(s):  
United Nations ◽  
Arms Control ◽  
Use Of Force ◽  
Human Control ◽  
Conventional Weapons ◽  
United Nations Convention ◽  
The United Nations ◽  
The Military ◽  
Weapons Systems

AbstractThis article explains why regulating autonomy in weapons systems, entailing the codification of a legally binding obligation to retain meaningful human control over the use of force, is such a challenging task within the framework of the United Nations Convention on Certain Conventional Weapons. It is difficult because it requires new diplomatic language, and because the military value of weapon autonomy is hard to forego in the current arms control winter. The article argues that regulation is nevertheless imperative, because the strategic as well as ethical risks outweigh the military benefits of unshackled weapon autonomy. To this end, it offers some thoughts on how the implementation of regulation can be expedited.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

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