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Religious Actors and International Law$
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Ioana Cismas

Print publication date: 2014

Print ISBN-13: 9780198712824

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198712824.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 September 2021

Religion and International Law Revisited

Religion and International Law Revisited

(p.17) 1 Religion and International Law Revisited
Religious Actors and International Law

Ioana Cismas

Oxford University Press

This chapter explores narratives on religion and international law, discussing the incentives of legal scholars to discover the roots of the discipline in various religions as opposed to reasons for keeping law and religion separate. It then proposes to recast this debate by showing that the option at hand is not ignoring versus acknowledging religion. Much rather what is needed is a new narrative which takes stock of religious actors that are present and to a certain extent influential in international law. An approach that seeks to clarify the rights and obligations of religious actors is further supported by a review of treaty and customary law which demonstrates categorically that the beneficiaries of legal protection are certain type of actors and not religion(s) per se.

Keywords:   narrative, recuperation of religion, freedom of religion, margin of appreciation, discrimination, international humanitarian law, international criminal law, priest, clerical privilege

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