Religious exceptionalism, religious rights, and public international law

Abstract

The chapter explores the dynamics of the engagement of religious and non-religious legal cultures in the context of public international law by looking into three emerging models, represented by the engagement of the Holy See, the OIC, and the Russian Orthodox Church with international institutions and through the emergence of normative narratives which represent this engagement. While this engagement is important for identifying the positives and the shortcomings of such a dialogue between religious and non-religious legal cultures, such a dialogue should be seen as an opportunity to understand better these two legal cultures rather than as an opportunity to transform them in a completely different legal order. The challenges on each side are explored and it is proposed that any rapprochement would have to involve a realization that public international law may provide protection for freedom of religion or belief, but cannot turn international organizations into a missionary arena.