The OIC, the UN, and counter-terrorism law-making : conflicting or cooperative legal orders?
著者
書誌事項
The OIC, the UN, and counter-terrorism law-making : conflicting or cooperative legal orders?
（Studies in international law, v. 48）
Hart, 2013
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注記
Includes bibliographical references (p. 523-574) and index
内容説明・目次
内容説明
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.
目次
1 Introduction
PART ONE
UN AND OIC INSTITUTIONAL LAW-MAKING
2 UN and OIC Law-Making Concepts
I. Terrorism
II. Foundational Islamic Concepts
III. Institutional Legal Orders
IV. The Nature and Law-Making Function of Values,Principles, and Rules
3 The OIC as an International Organization
I. The Creation of the OIC
II. The OIC fs Basic Institutional Qualities
III. OIC Law-Making and OIC Law
IV. The Forms and Characteristics of OIC Law
V. OIC Approaches to Internal and Inter-State Crises and Disputes
PART TWO
THE LAW-MAKING RELATIONSHIP BETWEEN THE UN AND THE OIC: CONFLICTING OR COOPERATIVE LEGAL ORDERS?
I. Cultural Relativism
II. Politicization of Religion and Culture
III. Fragmentation of International Law
4 The Relationship between Siyar and International Law
I. Relationship between Legal Sources
II. Other Key Principles Underpinning Siyar
III. Legitimacy
5 Conflicting or Cooperative Norms?
I. The Notion of Confl icting Norms
II. Peremptory Norms in International Law
III. Peremptory Norms in Shari fah
6 Conflicting or Cooperative Legal Orders?
I. Monism and Dualism
II. Article 103 UN Charter
PART THREE
VALUES, PRINCIPLES, AND RULES UNDERPINNING UN COUNTER-TERRORISM RESPONSES
7 Counter-Terrorism Values
I. Promotion of Democracy
II. Respect for Human Rights
III. Rule of Law
IV. Tolerance
8 Counter-Terrorism Principles
I. Introduction
II. Overview of Key Principles
III. Background to Armed Self-Determination Struggles
IV. Armed Self-Determination Struggles: The Grounds
V. Armed Self-Determination Struggles: Self-Defence
9 Counter-Terrorism Rules
I. OIC Law
II. UN Conventions
III. UN Counter-Terrorism Rules within the OIC Legal Order
IV. UN Counter-Terrorism Implications
V. Conclusion
10 Conclusion: Confl icting or Cooperative Legal Orders?
I. The OIC as an International Institutional Law-Maker
II. Normative (Ir)relevance of OIC fs Islamic Nature and Goals
III. Cooperative or Confl icting Legal Orders or Norms?
IV. Law-Making Implications of the Findings
V. Looking Forward
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