Faith, The State, And The Humility Of International Law

By: Mark Weston Janis

What hope does international law have to regulate the religious assertions of faith and the state, especially when a dominant religion and a ruling secular authority agree to exclude or to significantly restrict other religious beliefs?  Father Drinan has a vision of international law that is both positivistic, relying heavily on consensual rather than nonconsensual sources of law, and idealistic, supporting a new international court charged with the enforcement of religious tolerance against recalcitrant states.  Sadly, I can not understand why many states would be willing to permit an international body, much less an international tribunal, to review and sanction national religious practices.  Faced with the powerful emotional appeals of religion and of nationalism, international law is likely to remain weak and humble.