Sovereignty
- Not dead! Internationalism strengthens states…doesn’t detract from them.
- We don’t just ignore states –intervention for human rights and R2P is a unique and limited exception. But for the most part states are still autonomous
- We question whether the EU will survive 15 or 20 years, we don’t question if Greece will survive.
- 5% of Egyptians on Facebook, 1% on Twitter, effect of social media has been overemphasized
Anti-Sharia Movement in the U.S.
- Background
- Eternal vigilance is the price of liberty.
- We have freedom of association but we don’t want to divide up like UK –we want to be a melting pot
- No legal movement against fundamentalist Christians –because our system doesn’t allow religious law to dominate –demonstrates that anti-sharia movement is bigatrous
- Sharia law is needed for business transactions-choice of forum, Saudi businesses, has been used to award American companies
- Family law- always necessary, to consider if the marriage is legal (you have to look to where the marriage was made)
- New Jersey case –woman was being sexually abused by her husband, they used religious law to say it was ok, but on appeal they reversed this. This is a typical, but only case that is used to show the problem.
- http://shariahinamericancourts.com/?p=197 –commentary on NJ case (critical matter pending on the other side, judge made a mistake)· Everything comes back to the Constitution –if its not constitutional, we won’t use religious law
- 10th circuit case -currently in court.
- Even anti-sharia movements have backed away from it –saying its unconstitutional.
- Somewhere in OK they said that they want to “save our state” by preserving Christian-judeo roots of our legal system
- “The Unconstitutionality of Oklahoma Referendum 755 –the “Save our State Amendment” http://www.nycbar.org/pdf/report/uploads/20072027-UnconstitutionalityofOklahomaReferendum755.pdf
- Article on the 10th Circuit http://www.denverpost.com/news/ci_18881457
- Difference between international law and foreign law
- We are bound by international law!! (But not by foreign law)
- There’s a big question between Scalia and ___ about whether it is constitutional to even consider foreign law (as guidance, etc.) in domestic case
- http://shariahinamericancourts.com
Employment
- It would be good to get an LLM in Arbitration in Paris, it’s the center of arbitration
Access to Justice in MENA
- Look up examples of how countries are writing legislation about Islamic law –Tunisia, etc. “the chief law;” part of consideration, just a religion, etc. Article 2’s
- Morocco just passed (June 2011) constitutional reforms to strengthen its formal and informal justice systems
- Major debate in the provisional phase of Article 2 in Egypt (are you voting for Islam or not voting for Islam?
- Tunisia is forefront of personal status law in MENA
- Yemen
- Yemen has no legal age for marriage; in order to get a divorce you have to pay back your dowry
- Nujood Ali case –7 year old girl walked into court and asked judge to grant her a divorce, she was getting raped by him, but then the judge got scared because legally the man was allowed to marry her, she was his wife, he had the right to do whatever he wanted to her
- Good site to learn about the ICC -www.amicc.org American Non-Governmental Organizations Coaliton for the International Criminal Court
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