The OIC, the UN, and Counter-Terrorism Law-Making: Conflicting or Cooperative Legal Orders?A&C Black, 18 jul 2014 - 618 pagina's The increasingly transnational nature of terrorist activities compels the international community to strengthen the legal framework in which counter-terrorism activities should occur at every level, including that of intergovernmental organizations. This unique, timely, and carefully researched monograph examines one such important yet generally under-researched and poorly understood intergovernmental organization, the Organization of Islamic Cooperation ('OIC', formerly the Organization of the Islamic Conference). In particular, it analyses in depth its institutional counter-terrorism law-making practice, and the relationship between resultant OIC law and comparable UN norms in furtherance of UN Global Counter-Terrorism Stategy goals. Furthermore, it explores two common (mis)assumptions regarding the OIC, namely whether its internal institutional weaknesses mean that its law-making practice is inconsequential at the intergovernmental level; and whether its self-declared Islamic objectives and nature are irrelevant to its institutional practice or are instead reflected within OIC law. Where significant normative tensions are discerned between OIC law and UN law, the monograph explores not only whether these may be explicable, at least in part, by the OIC's Islamic nature, and objectives, but also whether their corresponding institutional legal orders are conflicting or cooperative in nature, and the resultant implications of these findings for international counter-terrorism law- and policy-making. This monograph is expected to appeal especially to national and intergovernmental counter-terrorism practitioners and policy-makers, as well as to scholars concerned with the interaction between international and Islamic law norms. From the Foreword by Professor Ben Saul, The University of Sydney Dr Samuels book must be commended as an original and insightful contribution to international legal scholarship on the OIC, Islamic law, international law, and counter-terrorism. It fills significant gaps in legal knowledge about the vast investment of international and regional effort that has gone into the global counter-terrorism enterprise over many decades, and which accelerated markedly after 9/11. The scope of the book is ambitious, its subject matter is complex, and its sources are many and diverse. Dr Samuel has deployed an appropriate theoretical and empirical methodology, harnessed an intricate knowledge of the field, and brought a balanced judgement to bear, to bring these issues to life. |
Inhoudsopgave
PART | |
The Relationship between Siyar and International | |
Conflicting or Cooperative Norms? | |
Conflicting or Cooperative Legal Orders? | |
PART THREE | |
OIC Legal Order | |
Explanation | |
CounterTerrorism Rules | |
Conclusion | |
Overige edities - Alles bekijken
The OIC, the UN, and Counter-Terrorism Law-Making: Conflicting or ... Katja Samuel Gedeeltelijke weergave - 2013 |
The OIC, the UN, and Counter-Terrorism Law-Making: Conflicting Or ... Katja Samuel Geen voorbeeld beschikbaar - 2013 |
The OIC, the UN, and Counter-Terrorism Law-Making: Conflicting or ... Katja Samuel Geen voorbeeld beschikbaar - 2013 |
Veelvoorkomende woorden en zinsdelen
38th ICFM 9 December adopted Al Barakaat approach Article 103 binding Cairo Declaration conflict consensus Consequently considered constitutional context cooperation counter-terrorism CT Strategy customary international law December defamation of religions democracy examined example existence Final Communiqué freedom hierarchy Ibid ICCPR international human rights international legal international organizations International Terrorism interpretative Islamic Conference Islamic international law Islamic law Islamic norms Islamic peremptory norms Islamic Summit Islamophobia issues jihad jus cogens justice Khan legitimacy Libya Malekian membership Moinuddin Muslim obligations OIC Charter 1972 OIC Charter 2008 OIC law OIC legal order OIC Member OIC norms OIC Press Release OIC’s Oxford University Press Palestinian paras particular peremptory norms political potential Preamble provisions Qur’an referred reflected regarding religious rule of law Security Council Resolution self-determination struggles Shari’ah significant Similarly Siyar soft law sources substantive treaty ummah UN Charter underpinning UNGA Res United Nations UNSC Res values