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Having articulated numerous human rights norms and standards in international treaties, the pressing challenge today is their realisation in States' parties around the world. Domestic implementation has proven a difficult task for national authorities as well as international supervisory bodies. This book examines the traditional State-centric and legalistic approach to implementation, critiquing its limited efficacy in practice and failure to connect with local cultures. The book therefore explores the permissibility of other measures of implementation, and advocates more culturally sensitive approaches involving social institutions. Through an interdisciplinary case study of Islam in Indonesia, the book demonstrates the power of social institutions like religion to promote rights compliant positions and behaviours. Like the preamble of the 1948 Universal Declaration of Human Rights, the book reiterates the role not just of the State but indeed 'every organ of society' in realising rights.
Human rights --- International and municipal law. --- Human rights and international law. --- Human rights advocacy. --- Civil rights (Islamic law) --- Islamic law --- Advocacy, Human rights --- Social advocacy --- National human rights institutions --- Human rights and international law --- International law --- Law --- Municipal and international law --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Social aspects. --- Influence --- International law influences --- Law and legislation --- International law and human rights.
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Human rights --- International and municipal law. --- International law and human rights. --- Human rights advocacy. --- Civil rights (Islamic law) --- Droits de l'homme --- Droit international et droit interne --- Droits de l'homme (droit international) --- Défense des droits de l'homme --- Droits de l'homme (droit islamique) --- Social aspects. --- Aspect social.
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"This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court's future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice"--
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The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policy makers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to in
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Human rights --- Sociology of law --- European law --- European Court of Human Rights --- Droits de l'homme --- Cour européenne des droits de l'homme --- European Court of Human Rights.
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