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Islam and women’s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and women’s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim States’ participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and women’s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.
Women (Islamic law) --- Civil rights (Islamic law) --- Women's rights. --- Femmes --- Droits de l'homme (Droit islamique) --- Droit islamique --- Droits --- Convention on the Elimination of All Forms of Discrimination against Women --- Islamic law --- Women --- Rights of women --- Women's rights --- Human rights --- Legal status, laws, etc. (Islamic law) --- Civil rights --- Law and legislation --- Legal status, laws, etc. --- CEDAW --- CEDAW Kanabhenaśana --- Convenção sobre a Eliminação de Todas as Formas de Discriminação Contra a Mulher --- Convención sobre la eliminación de todas las formas de discriminación contra la mujer --- Convention sur l'élimination de toutes les formes de discrimination à l'égard des femmes --- Da Ṣhażo pah Wṛānde da Ṭolo Tawpīrūno dalah Minżah Wṛalo Taṛūn --- Fifanarahana Iraisam-Pirenena Momba ny Fanafoanana ny Endri-Panavakavahana Rehatra Miantraika Amin'ny Vehivavy --- Ittifāqīyah al-Dawlīyah li-Manʻ al-Tamyīz Didda al-Marʼah --- Ittifāqīyat al-Qaḍāʼ ʻalá Jamīʻ Ashkāl al-Tamyīz Ḍidda al-Marʼah --- Josei sabetsu teppai jōyakuto --- Joshi ni taisuru arayuru keitai no sabetsu no teppai ni kansuru jōyaku --- Joshi sabetsu teppai jōyaku --- Kaikkinaisen naisten syrjinnän poistamista koskeva yleissopimus --- Konvencija o odpravi vseh oblik diskriminacije žensk --- Konvensi PBB Tentang Penghapusan Diskriminasi Terhadap Wanita --- Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan --- Konvensi Wanita --- Konvention om avskaffande av all slags Diskriminering av Kvinnor --- Konvent︠s︡ii︠a︡ o likvidat︠s︡ii vsekh form diskriminat︠s︡ii v otnoshenii zhenshchin --- Kunvānsiyūn-i rafʻ-i har gūnah-i tabʻīz̤ ʻalayh-i zanān --- Kunvānsiyūn-i rafʻ-i kullīyah-i tabʻīz̤āt ʻalayh-i zanān --- Mahilā Upara Hune Savai Prakāraka Bhedabhāva Nirmūlana Sambandhī Mahāsandhī --- Nārīra prati Birājamāna Sakala Prakāla Baishamya Bilopa Sananda --- Siḍao Kanabhenaśana --- Siḍao Sananda --- UN Convention on the Elimination of All Forms of Discrimination Against Women --- United Nations Convention on the Elimination of All Forms of Discrimination against Women
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Are human rights really a building block of global constitutionalism? Does global constitutionalism have any future in the theory and practice of international law and global governance? This book critically examines these key questions by focusing on the mechanisms utilised by global constitutionalism whilst comparing the historical functioning of constitutional rights in national systems. Yahyaoui Krivenko provides new insights into the workings of human rights and associated notions, such as the state, the political, and the individual, by demonstrating that human rights are antithetical to global constitutionalism and encouraging new discussions on the meaning of global constitutionalism and human rights. Drawing on the interdisciplinary works of such thinkers as Agamben, Luhmann, Bourdieu, Deleuze and Guattari, this book also considers practical examples from historical experience of ancient Greek and early Islamic societies. It will appeal to scholars interested in human rights, international law and critical legal theory.
Human rights. --- Civil rights. --- Constitutional law --- Basic rights --- Civil liberties --- Civil rights --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Human rights --- Political persecution --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Philosophy. --- Law and legislation
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The book offers the first analysis of the influence exercised by the concept of space on the emergence and continuing operation of international law. By adopting a historical perspective and analysing work of two central early modern thinkers - Leibniz and Hobbes - it offers a significant addition to a limited range of resources on early modern history of international law. The book traces links between concepts of space, universality, human cognition, law, and international law in these two early modern thinkers in a comparative fashion. Through this analysis, the book demonstrates the dependency of the contemporary international law on the Hobbesian concept of space. Although some Leibnizian elements continue to operate, they are distorted. This continuing operation of Leibnizian elements is explained by the inability of international law, which is based on the Hobbesian concept of space, to ensure universality of its normative foundation.
International law --- Law and geography. --- Spatial behavior. --- Behavior, Spatial --- Proxemic behavior --- Space behavior --- Spatially-oriented behavior --- Psychology --- Space and time --- Geography and law --- Geography --- Jurisprudence --- Natural law --- Philosophy. --- Hobbes, Thomas, --- Leibniz, Gottfried Wilhelm, Freiherr von, --- Influence. --- Hobbes, Thomas --- Gobbs, Tomas, --- Hobbs, Thomas, --- Gobbes, Tomas, --- T. H. --- H., T. --- Hobs, Thomas, --- Hobbes, --- Hobbes, Thom. --- Hobbius, Thomas, --- Hobbuzu, Tomasu, --- Huobusi, --- Hobbs, Tho. --- הובס, תומס, --- 霍布斯, --- ホッブズ, トマス,
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Islam --- Sociology of the family. Sociology of sexuality --- International law --- Human rights --- Private law --- Feminism --- Book --- Women's rights --- Committee on the Elimination of Discrimination against Women
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How does globalisation affect the ability of human rights to constrain power? This is the central question of this volume that tackles the issue from a variety of perspectives. It covers such branches of international law and human rights as diplomatic protection, powers of the UN Security Council, responsibility of international organisations, accountability of multinational corporations, third-generation rights, law of armed conflict, and state sovereignty. The contributions problematize the role of human rights and call for rethinking of the structure and functioning of human rights. The contributions adopt a variety of disciplinary perspectives that all elucidate difficulties human rights face in a globalised world and suggest ways forward.
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"Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida KitaroÌ, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by KitaroÌ, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy. Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law"--
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