This collection of essays explores the complex relationship between religion and multiculturalism and the role of the state and law in the creation of boundaries. Western secular democracies are composed of increasingly religiously diverse populations. The idea of "multiculturalism" was formed as a constructive response to this phenomenon, but, in many areas of the globe, support for multiculturalism is challenged by attempts to preserve the cultural and legal norms of the majority.
The State of Israel offers a particularly pertinent case study, and is a central focus of this collection. The contributors to this volume address the concepts of religious difference and diversity, as well as the various ways in which states and legal systems understand and respond to them. Mappingthe Legal Boundaries of Belonging shows that, as a consequence of a purportedly secular human rights perspective, state laws may appear to define religious identity in a way that contradicts the definition found within a particular religion. Both state and religion make the same mistake, however, if they take a court decision that emphasizes individual belief and practice as a direct modification of a religious norm: the court lacks the power to change the internal authoritative definition of who belongs to a particular faith. Similarly, in the pursuit of a particular model of social diversity, the state may adopt policies that imply a particular private/public distinction foreign to some religious traditions.
This volume, which includes contributions from leading scholars in the field, will be an invaluable resource to anyone seeking to understand the legal meaning and impact of religious diversity.

Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups. With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict.

"Never again" stands as one the central pledges of the international community following the end of the Second World War, upon full realization of the massive scale of the Nazi extermination programme. Genocide stands as an intolerable assault on a sense of common humanity embodied in the Universal Declaration of Human Rights and other fundamental international instruments, including the Convention on the Prevention and Punishment of the Crime of Genocide and the United Nations Charter. And yet, since the Second World War, the international community has proven incapable of effectively preventing the occurrence of more genocides in places like Cambodia, Yugoslavia, Rwanda and Sudan. Is genocide actually preventable, or is "ever again" a more accurate catchphrase to capture the reality of this phenomenon? The essays in this volume explore the complex nature of genocide and the relative promise of various avenues identified by the international community to attempt to put a definitive end to its occurrence. Essays focus on a conceptualization of genocide as a social and political phenomenon, on the identification of key actors (Governments, international institutions, the media, civil society, individuals), and on an exploration of the relative promise of different means to prevent genocide (criminal accountability, civil disobedience, shaming, intervention).

Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights' dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.

Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights' dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.

This collection of essays explores the complex relationship between religion and multiculturalism and the role of the state and law in the creation of boundaries. Western secular democracies are composed of increasingly religiously diverse populations. The idea of "multiculturalism" was formed as a constructive response to this phenomenon, but, in many areas of the globe, support for multiculturalism is challenged by attempts to preserve the cultural and legal norms of the majority.
The State of Israel offers a particularly pertinent case study, and is a central focus of this collection. The contributors to this volume address the concepts of religious difference and diversity, as well as the various ways in which states and legal systems understand and respond to them. Mappingthe Legal Boundaries of Belonging shows that, as a consequence of a purportedly secular human rights perspective, state laws may appear to define religious identity in a way that contradicts the definition found within a particular religion. Both state and religion make the same mistake, however, if they take a court decision that emphasizes individual belief and practice as a direct modification of a religious norm: the court lacks the power to change the internal authoritative definition of who belongs to a particular faith. Similarly, in the pursuit of a particular model of social diversity, the state may adopt policies that imply a particular private/public distinction foreign to some religious traditions.
This volume, which includes contributions from leading scholars in the field, will be an invaluable resource to anyone seeking to understand the legal meaning and impact of religious diversity.

"Never again" stands as one the central pledges of the international community following the end of the Second World War, upon full realization of the massive scale of the Nazi extermination programme. Genocide stands as an intolerable assault on a sense of common humanity embodied in the Universal Declaration of Human Rights and other fundamental international instruments, including the Convention on the Prevention and Punishment of the Crime of Genocide and the United Nations Charter. And yet, since the Second World War, the international community has proven incapable of effectively preventing the occurrence of more genocides in places like Cambodia, Yugoslavia, Rwanda and Sudan. Is genocide actually preventable, or is "ever again" a more accurate catchphrase to capture the reality of this phenomenon? The essays in this volume explore the complex nature of genocide and the relative promise of various avenues identified by the international community to attempt to put a definitive end to its occurrence. Essays focus on a conceptualization of genocide as a social and political phenomenon, on the identification of key actors (Governments, international institutions, the media, civil society, individuals), and on an exploration of the relative promise of different means to prevent genocide (criminal accountability, civil disobedience, shaming, intervention).

How do international human rights and humanitarian law protect vulnerable individuals during peace and war? Provost analyzes systemic similarities and differences between the two to examine how they are each designed to achieve their specific goals. He describes the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. He covers all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America.

What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.

What does it mean for courts and other legal institutions to be culturally sensitive? What are the institutional implications and consequences of such an aspiration? To what extent is legal discourse capable of accommodating multiple cultural narratives without losing its claim to normative specificity? And how are we to understand meetings of law and culture in the context of formal and informal legal processes, when demands are made to accommodate cultural difference? The encounter of law and culture is a polycentric relation, but these questions draw our attention to law and legal institutions as one site of encounter warranting further investigation, to map out the place of culture in the domains of law by relying on the insights of law, anthropology, politics, and philosophy. Culture in the Domains of Law seeks to examine and answer these questions, resulting in a richer outlook on both law and culture.

How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.

In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between 'primary' and 'secondary' rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.

The contents of the Yearbook reflect the diversity of Canadian and international thought, opinion, and practice on current problems of international law. Included this year are cutting-edge analyses on such varied topics as the plea of superior orders in international criminal law; interaction of the economic and environmental dimensions of the principle of sustainable development; and legal dimensions of Canada's dispute with the European Union over international trade in seal products. Each volume includes a notes and comments section; a digest of international economic law; a section on current Canadian practice in international law; a digest of important Canadian cases; and book reviews.

This is the fifty-first volume of The Canadian Yearbook of International Law, the first volume of which was published in 1963. The Yearbook is issued annually under the auspices of the Canadian Branch of the International Law Association and the Canadian Council on International Law. Under the leadership of John H. Currie of the University of Ottawa as Editor-in-Chief and Rene Provost of McGill University as Associate Editor, its board of editors includes scholars from leading universities across Canada. The Yearbook contains articles of lasting significance in the field of international legal studies, a notes and comments section, a digest of international economic law, a section on current Canadian practice in international law (including recent parliamentary declarations and Canadian treaty actions), a digest of important Canadian cases in the fields of public and private international law, and a book reviews section.