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Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?

H. Quane, Helen Quane Orcid Logo

Oxford Journal of Legal Studies, Volume: 33, Issue: 4, Pages: 675 - 702

Swansea University Author: Helen Quane Orcid Logo

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DOI (Published version): 10.1093/ojls/gqt018

Abstract

The relationship between legal pluralism and international human rights law is a complex and multi-faceted one. To fully appreciate the nature of this relationship, one has to desegregate the various forms of legal pluralism and analyse whether in their existence or operation they are compatible wit...

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Published in: Oxford Journal of Legal Studies
ISSN: 0143-6503 1464-3820
Published: 2013
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URI: https://cronfa.swan.ac.uk/Record/cronfa14392
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first_indexed 2013-07-23T12:12:10Z
last_indexed 2019-06-13T19:20:26Z
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fullrecord <?xml version="1.0"?><rfc1807><datestamp>2019-06-13T17:41:18.2915384</datestamp><bib-version>v2</bib-version><id>14392</id><entry>2013-03-06</entry><title>Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?</title><swanseaauthors><author><sid>6e6ce15cce20e02c1860cf31e577433a</sid><ORCID>0000-0001-8796-6286</ORCID><firstname>Helen</firstname><surname>Quane</surname><name>Helen Quane</name><active>true</active><ethesisStudent>false</ethesisStudent></author></swanseaauthors><date>2013-03-06</date><deptcode>LAWD</deptcode><abstract>The relationship between legal pluralism and international human rights law is a complex and multi-faceted one. To fully appreciate the nature of this relationship, one has to desegregate the various forms of legal pluralism and analyse whether in their existence or operation they are compatible with international human rights law. This article undertakes such an exercise drawing on the jurisprudence of global and regional human rights bodies. In doing so, it goes beyond a mechanical audit of legal pluralism in the light of specific human rights and explores more foundational issues such as the nature and extent of a State&#x2019;s human rights obligations when legal pluralism exists within its borders, the possibility of waiving human rights and questions of cultural relativism which hover over any discussion of legal pluralism. What emerges from this analysis is that a tentative conceptual framework exists to regulate the relationship between legal pluralism and international human rights law. It is one that not only requires the State to render legal pluralism compatible with human rights but also stipulates the process by which this should be done. Effectively implemented, it can achieve this objective and harness the pull of religious and customary law to ensure the more effective protection of human rights.</abstract><type>Journal Article</type><journal>Oxford Journal of Legal Studies</journal><volume>33</volume><journalNumber>4</journalNumber><paginationStart>675</paginationStart><paginationEnd>702</paginationEnd><publisher/><issnPrint>0143-6503</issnPrint><issnElectronic>1464-3820</issnElectronic><keywords>legal pluralism &#x2013; international human rights law - religious law &#x2013; customary law</keywords><publishedDay>11</publishedDay><publishedMonth>8</publishedMonth><publishedYear>2013</publishedYear><publishedDate>2013-08-11</publishedDate><doi>10.1093/ojls/gqt018</doi><url/><notes></notes><college>COLLEGE NANME</college><department>Law</department><CollegeCode>COLLEGE CODE</CollegeCode><DepartmentCode>LAWD</DepartmentCode><institution>Swansea University</institution><apcterm/><lastEdited>2019-06-13T17:41:18.2915384</lastEdited><Created>2013-03-06T10:13:44.4132556</Created><path><level id="1">Faculty of Humanities and Social Sciences</level><level id="2">Hilary Rodham Clinton School of Law</level></path><authors><author><firstname>H.</firstname><surname>Quane</surname><order>1</order></author><author><firstname>Helen</firstname><surname>Quane</surname><orcid>0000-0001-8796-6286</orcid><order>2</order></author></authors><documents/><OutputDurs/></rfc1807>
spelling 2019-06-13T17:41:18.2915384 v2 14392 2013-03-06 Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between? 6e6ce15cce20e02c1860cf31e577433a 0000-0001-8796-6286 Helen Quane Helen Quane true false 2013-03-06 LAWD The relationship between legal pluralism and international human rights law is a complex and multi-faceted one. To fully appreciate the nature of this relationship, one has to desegregate the various forms of legal pluralism and analyse whether in their existence or operation they are compatible with international human rights law. This article undertakes such an exercise drawing on the jurisprudence of global and regional human rights bodies. In doing so, it goes beyond a mechanical audit of legal pluralism in the light of specific human rights and explores more foundational issues such as the nature and extent of a State’s human rights obligations when legal pluralism exists within its borders, the possibility of waiving human rights and questions of cultural relativism which hover over any discussion of legal pluralism. What emerges from this analysis is that a tentative conceptual framework exists to regulate the relationship between legal pluralism and international human rights law. It is one that not only requires the State to render legal pluralism compatible with human rights but also stipulates the process by which this should be done. Effectively implemented, it can achieve this objective and harness the pull of religious and customary law to ensure the more effective protection of human rights. Journal Article Oxford Journal of Legal Studies 33 4 675 702 0143-6503 1464-3820 legal pluralism – international human rights law - religious law – customary law 11 8 2013 2013-08-11 10.1093/ojls/gqt018 COLLEGE NANME Law COLLEGE CODE LAWD Swansea University 2019-06-13T17:41:18.2915384 2013-03-06T10:13:44.4132556 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law H. Quane 1 Helen Quane 0000-0001-8796-6286 2
title Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?
spellingShingle Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?
Helen Quane
title_short Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?
title_full Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?
title_fullStr Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?
title_full_unstemmed Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?
title_sort Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?
author_id_str_mv 6e6ce15cce20e02c1860cf31e577433a
author_id_fullname_str_mv 6e6ce15cce20e02c1860cf31e577433a_***_Helen Quane
author Helen Quane
author2 H. Quane
Helen Quane
format Journal article
container_title Oxford Journal of Legal Studies
container_volume 33
container_issue 4
container_start_page 675
publishDate 2013
institution Swansea University
issn 0143-6503
1464-3820
doi_str_mv 10.1093/ojls/gqt018
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
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description The relationship between legal pluralism and international human rights law is a complex and multi-faceted one. To fully appreciate the nature of this relationship, one has to desegregate the various forms of legal pluralism and analyse whether in their existence or operation they are compatible with international human rights law. This article undertakes such an exercise drawing on the jurisprudence of global and regional human rights bodies. In doing so, it goes beyond a mechanical audit of legal pluralism in the light of specific human rights and explores more foundational issues such as the nature and extent of a State’s human rights obligations when legal pluralism exists within its borders, the possibility of waiving human rights and questions of cultural relativism which hover over any discussion of legal pluralism. What emerges from this analysis is that a tentative conceptual framework exists to regulate the relationship between legal pluralism and international human rights law. It is one that not only requires the State to render legal pluralism compatible with human rights but also stipulates the process by which this should be done. Effectively implemented, it can achieve this objective and harness the pull of religious and customary law to ensure the more effective protection of human rights.
published_date 2013-08-11T03:16:30Z
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score 11.037056

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