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Feminist Judgments in International Law
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.
Gender and the European Court of Human Rights
In applying an intersectional feminist legal analysis of the European Court of Human Rights’ case law in a variety of human rights issues, this book reveals a different and nuanced understanding of the gender issues. Case law within the ECtHR, which does not explicitly raise gender issues, may have gendered consequences. Profound developments have occurred in Europe in several related areas, including gender equality case law in the context of the prohibition of discrimination under Article 14 of the European Convention on Human Rights; non-conventional parenting rights; discrimination on grounds of sexual orientation and gender identity; rights of asylum seekers; and family reunification ...
Queer Engagements with International Law
This book explores times, spaces and imaginings relating to international law through the lens of queer theory. For some time now, queer theorists and legal scholars who think with queer theory have asked, what happens when queer theory moves out of its home base of gender and sexuality? The chapters in this book begin to answer this question by applying insights from queer theory to a diverse array of international law topics, from travaux préparatoires and international judging to the environment, oceans and outer space. While some contributions maintain a focus on gender and sexual diversity, all are characterised by a shift away from questions about LGBTIQA+ people towards wider discuss...
Human Rights Compliance in Europe
The European Court of Human Rights depends on the good faith cooperation of its members to implement judgement and maintain legitimacy, but how this translates into compliance varies both across and within states. This book presents an innovative framework for understanding how local cultures dynamically shape states’ ideas about what is and is not legitimate in international human rights regimes. The book investigates compliance as a product of cultural politics. Case studies from the United Kingdom, Germany, and Croatia reveal how states rely on local understanding of human rights and law to deal not only with compliance ‘sticking points’ but also to evaluate the legitimacy of the European human rights system as a whole.
Queer Encounters with International Law
This book focuses on queer people and their encounters with international law. Traversing a wide range of topics, from trans discrimination and conversion therapy to sadomasochism and abolitionism, this book asks questions about the (im)possibility of freedom and equality for queer communities in the world and the role that different areas of international law have to play in such a pursuit. It considers how queer lives and bodies are rendered legible or illegible to the law through how we define concepts such as ‘gender [identity]’ or ‘private life’. It also reflects on whether legal activism focused on LGBTIQA+ rights can ever reflect the insights of queer theory. The book engages ...
International Law as Constructive Resistance towards Peace and Justice
Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.
European Human Rights Justice and Privatisation
Offers a new understanding of the relationships between litigation strategies, growing private funding and European human rights justice.
Gender and the Law of the Sea
Listen to the podcast with Nilufer Oral on 'Climate Change, Oceans and Gender' In Gender and the Law of the Sea a distinguished group of law of the sea and feminist scholars critically engages with one of the oldest fields of international law. While the law of the sea has been traditionally portrayed as a technical, gender-neutral set of rules, of concern to States rather than humans, authors in this volume persuasively argue that critical feminist perspectives are needed to question the underlying assumptions of ostensibly gender-neutral norms. Coming at a time when the presence of women at sea is increasing, the volume forcefully and successfully argues that legal rules are relevant to ensure gender equality and the empowerment of women at sea, in an effort to render law for the oceans more inclusive. See inside the book.
The Public Law of Gender
Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.
