Transnational Legal Processes and Human Rights

Transnational Legal Processes and Human Rights

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It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.U.L. REV. 1417, 1442 (2006) (a€œAmerican law...has always allowed some core universality, some morality or senseof justicethat transcends U.S. boundaries. ... 64CAMBRIDGE L.J.575, 585 (2005), availableat CLJ_Ruth_Ginsburg_SDWL2005.pdf ... Oklahoma, 487 U.S. 815, 827a€“28 (1988).

Title:Transnational Legal Processes and Human Rights
Author: Asst Prof Lauren Fielder, Dr Kyriaki Topidi
Publisher:Ashgate Publishing, Ltd. - 2013-03-28

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