In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it. The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike.
In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it. The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike.
International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.
This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. The book sets out what is in essence an anatomy of peace agreement practice and interrogates its relationship to law. At its heart the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in its regulatory guise. International Law regulates self-determination, transitional justice, and the role of third parties. The book documants and analyses these two roles of law. In doing so, the book reveals a complex dynamic relationship between the peace agreement as a legal document and the role of international law in which international law and concepts of domestic constitutionalism are being re-shaped. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker-or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This law of the peacemaker potentially forms part of a broader 'law of peace' that moves beyond the traditional concept of law of peace as merely 'the rest of international law' once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to 'this new law' which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutonalism.
In 2000, the UN Security Council adopted the ground-breaking Resolution 1325 on Women, Peace and Security (WPS) placing women at the centre of the agenda, thanks to years of campaigning. The Resolution recognises the differential impact of armed conflict on women and men, draws attention to the 'inextricable links between gender equality and international peace and security' and stresses the 'important role of women in the prevention and resolution of conflicts and in peace-building'. But what exactly is the WPS agenda and what is its content? What are its implications for peace and for security? And what does it mean for international lawyers? Through the narratives of women's activism and of international law this book seeks to make the WPS agenda better known to international lawyers and to ask whether it is, or could become, an international legal regime that conforms and responds to the realities of women's lives.
In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.
This book is designed to help law students and new lawyers understand and modify their own ethical priorities, not just because this knowledge makes it easier to practise law and earn an income, but because self-aware, ethical legal practice is right and feels better than anything else.
This book focuses on women’s human rights in India. Drawing on case studies, it provides a clear overview of the key sources on gender and rights in the country. Further, it contextualizes women’s rights at the critical intersection of caste, religion and class, and analyses barriers to the realization of women’s human rights in practice. It also develops strategies for moving forward towards greater recognition, protection, promotion and fulfilment of women’s human rights in India. Drawing on critical pedagogical tools to analyse groundbreaking court cases, this book will be a key text in human rights studies. It will be indispensable to students, scholars and researchers of gender studies, sociology, law and human rights.
In a world of work that has changed dramatically over the last few years, states see themselves confronted with new actors and conflicting international legal obligations. This book examines the tensions between core labour rights as defined by the International Labour Organisation, and the interests of international economic institutions (e.g. WTO, IMF, World Bank, OECD). It provides an analysis of the legal interactions between international regulations and state policy with regard to potential regulatory conflicts, at both the horizontal and vertical level. The study suggests a model of multilevel consistency as a way of reconciling the highly specialised and fragmented legal systems of core labour rights on the one hand, and trade liberalisation on the other, to form the coherent framework of a consistent legal order. Its detailed analysis and recommendations are designed for both academic readers and practitioners in international organisations and governments.
There is something to learn, literally, on every page here."--Cynthia Enloe, from the foreword "This is a fluent and highly informed account of the women of Iraq during a time of ever increasing political turmoil, economic disaster and foreign invasion. It gives a fascinating insight into the way Iraqi society really works and is far superior in quality to most of what has been written about Iraq in war and peace."--Patrick Cockburn, author of Muqtada: Muqtada al-Sadr, the Shia Revival, and the Struggle for Iraq
The question of whether a global constitution exists or is emerging, and if so, what form it takes, is one of the most intriguing and controversial topics of recent international theory. This book examines public international law contributions to the debate, specifically taking a step back to enquire about the underlying assumptions that inform this debate. While contemporary contributors declare the idea of global constitutionalism to be global, this book reveals and interrogates the underlying liberal democratic themes that define prevailing approaches, thus calling universality into question. Drawing on critical theories within and without the international legal discipline, this book suggests a reconceptualisation of global constitutionalism in terms of what is named ‘organic global constitutionalism’. The book thus addresses significant shortcomings and illuminates necessary reorientations to a field that is currently still in the crucial phase of formation.
Senior moment. Think outside the box. Idioms like these can't be understood just from the words that make them up. The American Heritage® Dictionary of Idioms explores the meanings of idioms, including phrasal verbs such as kick back, proverbs such as too many cooks spoil the broth, interjections such as tough beans, and figures of speech such as elephant in the room. Since the publication of the first edition 15 years ago, author Christine Ammer has made extensive revisions that reflect new historical scholarship and changes in the English language. This second edition defines over 10,000 idiomatic expressions in greater detail than any other dictionary available today. English language learners will find this dictionary especially useful.
A Comprehensive Bibliography Volume I: Southeastern and East Central Europe (Edited by Irina Livezeanu with June Pachuta Farris) Volume II: Russia, the Non-Russian Peoples of the Russian
A Comprehensive Bibliography Volume I: Southeastern and East Central Europe (Edited by Irina Livezeanu with June Pachuta Farris) Volume II: Russia, the Non-Russian Peoples of the Russian
This is the first comprehensive, multidisciplinary, and multilingual bibliography on "Women and Gender in East Central Europe and the Balkans (Vol. 1)" and "The Lands of the Former Soviet Union (Vol. 2)" over the past millennium. The coverage encompasses the relevant territories of the Russian, Hapsburg, and Ottoman empires, Germany and Greece, and the Jewish and Roma diasporas. Topics range from legal status and marital customs to economic participation and gender roles, plus unparalleled documentation of women writers and artists, and autobiographical works of all kinds. The volumes include approximately 30,000 bibliographic entries on works published through the end of 2000, as well as web sites and unpublished dissertations. Many of the individual entries are annotated with brief descriptions of major works and the tables of contents for collections and anthologies. The entries are cross-referenced and each volume includes indexes.
This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.
Balanced coverage, supportive learning features, and a chance to dive into all the key theories and debates: the essential guide for sentencing and punishment students. Examining the theory behind the headlines and engaging with all the current debates. Sentencing and Punishment provides thoughtful, reliable, and unbiased coverage of sentencing and punishment in the UK to make the perfect companion for your course. Thorough and systematic approach, Topics examined from legal, philosophical, and practical perspectives, In-depth and detailed coverage, covering both sentencing and punishment, to match to UK courses, Discussion questions, case studies, and sentencing exercises in each chapter so you can apply your knowledge, Fully reworked, restructured, and updated incorporating changes following the 2015 general election Book jacket.
This book provides a critical analysis of the definitions of war crimes and crimes against humanity as construed in the Rome Statute of the International Criminal Court. Each crime is discussed from its origins in treaty or customary international law, through developments as a result of the jurisprudence of modern ad hoc or internationalised tribunals, to modifications introduced by the Rome Statute and the Elements of Crimes. The influence of human rights law upon the definition of crimes is discussed, as is the possible impact of State reservations to the underlying treaties which form the basis for the conduct covered by the offences in the Rome Statute. Examples are also given from recent conflicts to aid a ‘real life’ discussion of the type of conduct over which the International Criminal Court may take jurisdiction. This will be relevant to postgraduates, academics and professionals with an interest in the International Criminal Court and the normative basis for the crimes over which the Court may take jurisdiction.
This volume in the Brill Research Perspectives in Comparative Discrimination Law offers an analysis and comparison of sex discrimination law in international human rights law and three country examples - the United States, Australia and India.
While it is generally acknowledged that women suffer discrimination, women who are also members of minority or indigenous communities are particularly marginalized. Like male members of minority and indigenous communities, they lack access to political power and face discrimination in their access to services and rights. However, as women they face these problems and more. The aim of this report is to encourage those working on minority and indigenous peoples’ rights to consider the issues from a gender perspective, and to encourage those working on gender equality and women’s rights to include minorities and indigenous peoples within their remit. The report is written by Fareda Banda and Christine Chinkin, who are both international human rights lawyers and gender specialists. It has an international law and advocacy focus. First, the basic concepts an relevant international human rights instruments are set out. Then, using case studies and examples from around the world. the authors show how gender intersects with other forms of discrimination on the lives of some minority and indigenous peoples. Key issues for minority and indigenous peoples are stressed, and there is a nuanced discussion of the issue of culture, which can be both a positive and negative force in relation to women’s human rights. The report concludes with a set of recommendations. This report will be essential reading for anyone interested in issues of gender and the human rights of minorities and indigenous peoples.
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