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https://ssrn.com/abstract=1063941
 
 

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U.S. Unilateralism and the International Protection of Religious Freedom: The Multilateral Alternative


Peter Danchin


University of Maryland Francis King Carey School of Law


Columbia Journal of Transnational Law, Vol. 41, No. 1, pp. 33-135, 2002
U of Maryland Legal Studies Research Paper

Abstract:     
This article considers the tension in U.S. foreign policy between unilateral and multilateral approaches to the promotion and protection of religious freedom. In particular, it analyzes the recently enacted International Religious Freedom Act of 1998 that seeks to enforce international human rights norms through the imposition of unilateral sanctions on foreign countries that deny religious freedom and persecute religious groups. The Article suggests that this approach stands in an uneasy relationship with existing international and regional human rights regimes and institutions. It argues that as an instrument of foreign policy, the Act is vulnerable to politicization and abuse of the human rights agenda and serves ultimately to undermine the universality, legitimacy, and progressive development of multilateral human rights regimes and actors. Instead of unilateral coercive enforcement, it is suggested that effective compliance with international religious freedom norms depends upon a process of repeated interaction with international actors and participation in multilateral regimes so that the relevant norms become internalized in the constitutional, legal, and political systems of all states.

Number of Pages in PDF File: 104

Keywords: freedom of religion, human rights


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Date posted: December 6, 2007  

Suggested Citation

Danchin, Peter, U.S. Unilateralism and the International Protection of Religious Freedom: The Multilateral Alternative. Columbia Journal of Transnational Law, Vol. 41, No. 1, pp. 33-135, 2002; U of Maryland Legal Studies Research Paper . Available at SSRN: https://ssrn.com/abstract=1063941

Contact Information

Peter G. Danchin (Contact Author)
University of Maryland Francis King Carey School of Law ( email )
500 West Baltimore Street
Room 446
Baltimore, MD 21201
United States
410 706 3960 (Phone)
410 706 2184 (Fax)
HOME PAGE: http://www.law.umaryland.edu/faculty_profile.asp?facultynum=467
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