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Narrating Law

  • Kathleen Cavanaugh

Research output: Chapter in Book or Conference Publication/ProceedingChapterpeer-review

Abstract

This chapter presents a re-narration of international law within an international human rights law regime. Section B begins by providing a brief overview of the frameworks and primary sources of international law as well as the various interpretive approaches. Scholarly comparisons of the different rights regimes across cultures, which include attempts to either wed or contrast international law and other rights schemes (e.g., Islamic, Asian, Customary), enter contested terrain. Underpinning the debates, which are often ignited in this space, are questions related to how rights are conceived and applied, and the lens through which we approach the answers to these questions plays out in how we read the law. Section C turns to these broader debates about the development and language of international law, looking specifically at the question of universality. Section D looks at how the 'technique of articulating political claims' has played out specifically within the international human rights field by mapping out the relationship of law to states of exception; that 'point of imbalance between public law and political fact'. This section focuses on the performance of law in the 'no man's land' of exception to distil the normative developments and arguments that have played out in this space. Finally, Section E situates these broader debates within a review of how these approaches affect Muslim state engagement with the international human rights machinery at the UN level.

Original languageEnglish
Title of host publicationIslamic Law and International Human Rights Law
PublisherOxford University Press
ISBN (Electronic)9780191741104
ISBN (Print)9780199641444
DOIs
Publication statusPublished - 24 Jan 2013

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Exception
  • International human rights law
  • International law
  • Muslim state engagement
  • Political claims
  • United nations
  • Universality

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