Defaming the Freedom of Religion or Belief: A Historical and Conceptual Analysis of the United Nations analyses the development of and the controversy around the formulation and interpretation of... Show moreDefaming the Freedom of Religion or Belief: A Historical and Conceptual Analysis of the United Nations analyses the development of and the controversy around the formulation and interpretation of the freedom of religion or belief as a universal right within the United Nations. The legal, philosophical, and political dimensions of the subject are discussed.This study demonstrates that the universality, content, and non-discriminatory implementation of the freedom of religion or belief has been questioned since its drafting process, not only on a theoretical level by postmodern views, but also, throughout the years, from a legal and political perspective within the UN. From various angles, these actors seem to ‘defame’ the freedom of religion or belief—hence the title of this study—and have succeeded in changing the provision by interpreting it differently than its original 1948 objectives. These developments have continued and will most likely continue to lead to a diminishment of the normative force of the legal provisions regarding the freedom of religion or belief. Various topics, such as religious tolerance, blasphemy, defamation of religion, and apostasy, are discussed in this context. Show less
The manuscript studies NGOs in international law. For that purpose, NGOs were appraised under each of the sources of international law, which, according to authoritative legal doctrine, were listed... Show moreThe manuscript studies NGOs in international law. For that purpose, NGOs were appraised under each of the sources of international law, which, according to authoritative legal doctrine, were listed in article 38 of the Statute of the International Court of Justice. The thesis also addresses the challenges to the legitimacy of States and Intergovernmental Organizations in an era in which electoral democracies constitute the predominant form of government. The research has identified that international law is changing to accommodate new subjects of law that were not conceivable under positivism. The author argues that NGOs are subjects of law to the same extent that Intergovernmental Organizations are, because both are created by subjects of international law (States and individuals) under a typical principal-agent relationship as rational-legal bodies entrusted with certain functions, which, with the attendant duties and responsibilities, were clothed by its constituencies __with the competence required to enable those functions to be effectively discharged__. Show less
