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Diversity and Self-Determination in International Law
The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.
Gender and Human Rights
7. 'The appeals of the Orient': Colonized desire and the war of the riff, by Nathaniel Berman. 8. Toward an understanding of transnationalism and gender, by Ruba Salih.
Research Methods in International Law
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Minorities and the Making of Postcolonial States in International Law
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
The Power of Process
The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.
International Law Situated
International Law Situated is the first study in the series of International Law Monographs by the Erik Castrén Institute of International Law and Human Rights. It is an analysis of both theoretical ambition and practical relevance examining the existential and professional situation of the international lawyer from a range of different perspectives. How do international lawyers think about cultural difference and similarity? What is the role of historical facts in international law and practice? How do lawyers construe notions such as `community' or `humanity'; what role is played therein by normative ideas about similarity and difference; or of the good life? What kinds of ethical considerations are implicit in international law and how should practitioners think about them? This book provides a general framework for responding to these questions and shows their impact and relevance through doctrinal and case contexts. It argues for an emphasis on the individual jurist and her situation as an adviser, an advocate, an analyst, and a decision-maker.
Research Handbook on Feminist Jurisprudence
The Research Handbook on Feminist Jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, post-modern, and pro-sex and queer feminist legal theories.
History, Politics, Law
Juxtaposes standpoints from which disciplines of history, political thought and law conceive and generate political order beyond the state.
The Double-Facing Constitution
Explores how constitutional orders engage with and are shaped by their exteriors.
