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Vol 21 No 7 July/August 2016

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The OIC, the UN, and Counter-Terrorism Law-Making: Conflicting or Cooperative Legal Orders?


ISBN13: 9781849462679
Published: November 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £78.00



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The increasingly transnational nature of terrorist activities compels the international community to strengthen the legal framework in which counter-terrorist activities should occur, including at the intergovernmental level.

This unique, timely, and carefully researched monograph examines one such important intergovernmental organisation, the Organisation of Islamic Cooperation ('OIC', formerly the Organisation of the Islamic Conference). In particular, it analyses in depth its institutional counter-terrorist law-making practice, and the relationship between resultant OIC law and comparable UN norms.

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 reflected within OIC law.

Where significant normative tensions are discerned between OIC and UN law – for example, the definitional impasse posed by the OIC in relation to the ongoing negotiations of the draft UN Comprehensive Convention on International Terrorism - the monograph explores not only whether these may be explicable, at least in part, to the OIC's Islamic nature, but also whether their corresponding institutional legal orders are conflicting or cooperative in nature, and the resultant implications for the international counter-terrorist framework.

This monograph is expected to appeal especially to national and intergovernmental counter-terrorist practitioners and policy-makers, and to all scholars interested in the interaction of Islamic norms within the wider international political system.

Subjects:
Public International Law
Contents:
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 OICfs 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 Sharifah 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 OICfs 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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