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Ilias Bantekas

Abstract

Intersectional gender discrimination in the field of minority law encompasses discrimination not only in respect of one's minority status, but additionally on account of that person being a woman. Such discrimination many times affects female group members only, as in the case of ethnic cleansing through rape, and is thus inapplicable to men. Although the two forms of discrimination (i.e. minority and gender) are not treated as a single act in the relevant international legal documents, the recent practice of United Nations human rights rapporteurs is to identify a unified violation that is gender-specific. This has not yet trickled down to the domestic level, but I argue that a purposive and evolutionary interpretation of the law should move towards recognition of a single violation.

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Ilias Bantekas

Abstract

This article discusses the position of the littoral States of the body of water known as the Caspian Sea (hereinafter ‘the Caspian’), particularly on the basis of their numerous bilateral treaties and unilateral statements of action, with respect to the legal status and sui generis regimes of the Caspian. It is argued that these States have excluded the possibility that the Caspian be equated for legal purposes to a sea, but they have, nonetheless, employed legal formulae borrowed from the international law of the sea in order to delimit their respective maritime zones and other entitlements. The ambit of these rights is sketchy and they do not conclusively cover the entirety of inter-State relations in the Caspian. There is an urgent need for the adoption of a multilateral convention in order to remedy these gaps, if for no other reason than for the sake of investor confidence and the avoidance of future disputes.

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Ilias Bantekas

Abstract

Islamic law, and criminal law in particular, have been closed since its heyday of legal scholarship to external influences and new theoretical arguments and constructs. This, it is argued, is due to the lack of enlightened and revered scholarship that will enhance Islamic law and which is currently unavailable. This situation is unlike early and classical Islam where legal argumentation flourished and Islamic scholarship was generally open to external currents and philosophical ideas. Despite these limitations Islamic criminal law has not coalesced to shield itself from foreign elements, but instead lacks a single voice not only in practice but also in its theoretical bases among Muslim nations. We cannot therefore speak of 'an' Islamic criminal law nor can Muslims continue to ignore the beneficial role of ijtihād that should be utilised at least as a forum for discussion about bridging classic Islamic criminal law with contemporary Muslim needs. Many contemporary issues in Islamic criminal law are evidently based on prejudice, culture and less on a coherent understanding of Islamic theology itself. Islam possesses a plethora of outstanding legal scholars that should be allowed to contribute to an ijtihādī scholarly 'revolution'.

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Ilias Bantekas

Growth-based policies only incidentally enhance socio-economic rights because the primary intended beneficiaries are those who provide capital for investment, namely investors and traders. Given, however, that investors are solely concerned with profit maximisation they have no direct interest in the wellbeing of local communities. The same is true for traders who have no qualms about commodifying the staple produce of an entire nation if it can fetch an adequate price in international markets. Since States compete each other on the basis of growth, they must also necessarily compete in reducing their public deficit, even if this means slashing pensions, free education, medical welfare and other fundamental socio-economic rights. One way of thinking of human-centred financial policies is by premising and validating them on their benefits to people rather to the State as an abstract financial entity. The second, and far more radical, argues against the use of money and monetary instruments and their replacement by wellbeing-based incentives.