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4 Amsterdam L.F. 36 (2012)
The Organisation of Islamic Cooperation and Regional Challenges to International Law and Security

handle is hein.journals/amslawf4 and id is 186 raw text is: amsterdamlawforu m
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Article
The Organisation of Islamic
Cooperation and Regional
Challenges to International Law
and Security
Azin Tadjdini*
Abstract
The return of religion as a major player in legal context over the last three decades
of the 20'h century found expression not only in some domestic legal systems but
also as a force behind public international law. This article explores the latter
phenomenon by outlining the parallel existence and development of general
international law on and of regional international law based on politicised Islam by
specifically looking at some of the instruments of the Organisation of Islamic
Cooperation. What challenges are represented by international law based on
Islamic ideology and how does this form of international law fit within the broader
landscape of international law?
Introduction
That the last half of the 20t century would see a resurgence of religion and religious
discourse in society, politics and consequently also in law was not an unexpected turn in
history given the Cold War strategy of putting into action an effective countermeasure
against communism. What might have been less expected, however, was that this
development would continue on a large scale even after the fall of the Berlin Wall. As a
phenomenon, the return of religion has been present in a number of countries across the
globe, regardless of the particular religious garb. 1
What these movements often have in common is a rejection of both the erosion of traditional
certainties and the changes resulting from modernity. Even so, the new role of religion is not
a theological phenomenon but instead part of a broader political agenda. The incorporation
of religion into politics and law is not done out of love for religion, but as a legitimising
ground to conduct certain politics. One could, as some do, argue that politicised religion is
not true religion and what we see happening in the name of religion is nothing more than
religious discourse being used to disguise policy choices that in fact contradict 'true'
religion.' This opens up to the bigger question as to who has the authority to decide what
* Azin Tadjdini holds LL.Msfiom the Uniersiti (fOslo (2009) and Georgetoin Uniersiti (2011). He is a research
felo at the Department of Public and International Laii, Universit of Oslo.
' For a comprehensive discussion on the resurgence of religion in law, please see R. Hirschl, Constitutional
Theocracy, Cambridge Massachusetts: Harvard University Press 2010; G. Kepel, The Revenge of God: The
Resurgence of Islam, Christianiti and Judaism in the Modern World, Cambridge: Polity 1994. Also, J.Casanova,
Public Religions in the Modern World, Chicago: Chicago University Press 1994.
2 This is argued by amongst others A.A. An-Na'im, Islam and the Secular State: Negotiating the Future of
Sharia, Cambridge MA, and London: Harvard University Press 2008.

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