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Child Rights to Guardianship : A Comparative Study in International, Islamic and Libyan Laws / by Ali Omar Ali Mesrati

Publisher (Singapore : Springer Nature Singapore : Imprint: Springer)
Year 2022
Edition 1st ed. 2022.
Authors *Mesrati, Ali Omar Ali author
SpringerLink (Online service)

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OB00179152 Springer Law and Criminology eBooks (電子ブック) 9789811681813

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Material Type E-Book
Media type 機械可読データファイル
Size XIII, 210 p. 21 illus : online resource
Notes 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
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.
HTTP:URL=https://doi.org/10.1007/978-981-16-8181-3
Subjects LCSH:Civil law
LCSH:Domestic relations
LCSH:International law
LCSH:Civil procedure
LCSH:Private international law
LCSH:Conflict of laws
LCSH:Comparative law
LCSH:Mediation
LCSH:Dispute resolution (Law)
LCSH:Arbitration (Administrative law)
FREE:Civil Law
FREE:Family Law
FREE:Public International Law
FREE:Civil Procedure Law
FREE:Private International Law, International and Foreign Law, Comparative Law
FREE:Dispute Resolution, Mediation, Arbitration
Classification LCC:K623-968
DC23:340.56
ID 8000079106
ISBN 9789811681813

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