Child Rights to Guardianship

This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems.

This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination.

The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussed from the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.

Auteur

Dr. Ali Mesrati is an assistant professor of International Law at the College of Law, University of Bahrain. He is the founder and director of the University of Bahrain's Human Rights Legal Clinic. His interest is in the education of International Human Rights and he has played a significant role in introducing a wide variety of human rights courses in Bahrain. His project The development of the teaching of human rights and citizenship at the University of Bahrain was a great success nationwide and its implementation is evident to date. He has published with Edward Elgar Publishing and Alfadhel Publishing. He has taught Human Rights Law, International Humanitarian Law, Environmental Law, International Organisations, International Law Principles, and Research Methodologies at both undergraduate and postgraduate levels. He also taught an introductory Human Rights Course to non-law students at the University of Bahrain and taught International Organisation Law to the Bahrain National Royal Academy of Police. He was the former head of the Quality Assurance Office. He joined the College of Law at the University of Bahrain in 2011. He previously taught at the University of Tripoli in Libya. He obtained his second Masters in International Comparative Law and PhD from the University of Wollongong, Australia. He is currently the head of the International Law Division in the Department of Public Law at the University of Bahrain.

Contenu
Introduction.- The 'Best Interests of the Child' in the Context of Guardianship Under International Law.- 'The Best Interests of the Child' Under Islamic Law.- 'The Best Interests of the Child' Under the Libyan Legal System.- Conclusion.