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This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.
The emergence of feminist rewriting of key judgments has been one of the most interesting recent developments in legal methodology. This unique enterprise has seen scholars collaborate in the 'real world' task of reassessing jurisprudence in light of feminist perspectives. This important new volume makes a significant contribution to the endeavour, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This collection asks whether feminist perspectives can offer meaningful and viable alternatives to international law norms; and if so, whether that application results in distinguishable differences in outcomes. It answers these questions with particular reference to sources of international law, the public and private divide, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law. This landmark publication offers a truly innovative reassessment of international law. Winner of the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship.
Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.
The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings o...
Today, in a variety of post-conflict settings international advocates for women's rights have focused on bringing issues of sexual violence, discrimination and exclusion into peace-making processes. 'On the Frontlines' consider such policies and assess the extent to which they have had success in improving women's lives.
How do understandings of the relationships between gender, violence, security and the international inform policy and practice in which these notions are central? What are the practical implications of basing policy on problematic discourses? In this highly original poststructural feminist critique, the author maps the discursive terrains of institutions, both NGOs and the UN, which formulate and implement resolutions and guides of practice that affect gender issues in the context of international policy practices. The author investigates UN Security Council Resolution 1325, passed in 2000 to address gender issues in conflict areas, in order to examine the discursive construction of security...
"Deploying Feminism tells the story of how the military has been delegated authority to advance gender equality while tackling increasingly complex threats. NATO, the world's foremost alliance, has embedded these ideas in the planning and execution of its missions. Indeed, Women, Peace and Security norms are being integrated into military processes, but not necessarily as intended. Armed forces value one thing above all else: operational effectiveness; they are trained to stay focused on mission objectives and lines of efforts. For troops deployed on NATO missions, this means seeking out women in their operating area to improve intelligence gathering activities. This helps the mission, surely, but are the women better off? Through military implementation, the focus on gender equality fades, there is a consistent distortion of Women, Peace and Security norms. Based on fieldwork in Iraq, Kosovo and the Baltics, this book details why and how these norms are militarized and put at the service of NATO's operational effectiveness"--
This fully revised textbook focuses on the major topics of globalization.
In this scholarly yet highly accessible work, Eva Hemmungs Wirtén traces three main themes within the scope of cultural ownership: authorship as one of the basic features of print culture, the use of intellectual property rights as a privileged instrument of control, and finally globalization as a pre-condition under which both operate. Underwritten by rapid technological change and increased global interdependence, intellectual property rights are designed to protect a production that is no longer industrial, but informational. No Trespassing tells the story of a century of profound change in cultural ownership. It begins with late nineteenth-century Europe, exploring cultural ownership in...
Provides a state-of-the-art, comprehensive analysis of the field of international refugee law, Global in scope, with 10 chapters focusing in detail on specific regions, Critiques the status quo and sets the agenda for future academic research Book jacket.