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Vol 21 No 11 Nov/Dec 2016

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Transnational Legal Processes and Cultural Difference

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Edited by: Kyriaki Topidi, Lauren Fielder

ISBN13: 9781409448181
Published: February 2013
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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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.

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Subjects:
Public International Law
Contents:
Foreword
Introduction, Kyriaki Topidi and Lauren Fielder

Part I The Construction and Evolution of Human Rights Norms in Transnational Legal Settings: Universal human rights and cultural relativity: conflict or reconciliation?, Ehsanul Haque
United States Supreme Court jurisprudence on juvenile punishment: the role of judges in the evolution of norm construction, Ruth Hargrove
The horizontal impact of human rights: dialogue between constitutional and international law, Barbara Grabowska
The subsidiary application of the European Convention on Human Rights in Central and Eastern Euroope, Piotr Mikuli and Marian Kokes
Transnational legal processes as a hindrance to human rights: using fear of Islam for political gain in the US, Mark Wojcik.

Part II The Protection of Cultural Difference within Human Rights Traditions: Preserving traditions or breaking the mold? A comparative study of the impact of transnational human rights processes in the PRC and Hong Kong Special Administrative Region, Carole Petersen
Combating religious defamation: an exploration of blasphemy in Islamic thought and international practice, Ali Abid
African courts and African values: harmonizing international human rights and customary law, Lauren Fielder
Exercising religious rights in the European classrooms: value conflicts between the national, the supranational and the transnational, Kyriaki Topidi.

Part III Transnational Economic Entities, Human Rights and Cultural Identity: 'A qui l'homme sauvage?': discours and discourse on agreements between mining corporations and indigenous communities, Deval Desai
Till the war drum throbb'd no longer - identifying and assigning legal responsibility to multinational corporations as actor or abettors in the context of an international constitutional framework - the case of Angola, Angelica Tsakiridis
Index.