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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. -- .
The work of Stanley Cohen over four decades has come to acquire a
classical status in the fields of criminology, sociology, and human
rights. His writing, research, teaching, and practical engagement
in these fields have been rigorously analytical and intellectually
inspiring. It amounts to a unique contribution, immensely varied
yet with several unifying themes, having made and continuing to
make a lasting impact around the world. His work thus has a protean
character and scope which transcend time and place. This book of
essays in Stanley Cohen's honor builds upon and reflects some of
his many-sided contributions. Crime, Social Control and Human
Rights with the Forward by Noam Chomsky contains chapters by some
of the world's leading thinkers as well as the rising generation of
scholars and practitioners whose approach has been shaped in
significant respects by Stanley Cohen. The book examines the main
themes Stanley Cohen has explored and developed.
Over four decades, the work of Stanley Cohen has come to acquire a
classical status in the fields of criminology, sociology, and human
rights. His writing, research, teaching, and practical engagement
in these fields have been at once rigorously analytical and
intellectually inspiring. It amounts to a unique contribution,
immensely varied yet with several unifying themes. It has made, and
continues to make, a lasting impact around the world. His work thus
has a protean character and scope which transcend time and place.
Now in paperback, this festschrift of essays in Stanley Cohen's
honor builds on and reflects some of his many-sided contributions.
It contains chapters by some of the world's leading thinkers as
well as the rising generation of scholars and practitioners whose
approach has been shaped in significant respects by Cohen.
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. -- .
This volume is the first comprehensive commentary on the Convention
on the Elimination of All Forms of Discrimination against Women and
its Optional Protocol. The Convention is a key international human
rights instrument and the only one exclusively addressed to women.
It has been described as the United Nations' 'landmark treaty in
the struggle for women's rights'. The Commentary describes the
application of the Convention through the work of its monitoring
body, the Committee on the Elimination of Discrimination against
Women. It comprises detailed analyses of the Preamble and each
article of the Convention and of the Optional Protocol. It also
includes a separate chapter on the cross-cutting substantive issue
of violence against women. The sources relied on are the treaty
language and the general recommendations, concluding observations
and case law under the Optional Protocol, through which the
Committee has interpreted and applied the Convention. Each chapter
is self-contained but the Commentary is conceived of as an integral
whole. The book also includes an introduction which provides an
overview of the Convention and its embedding in the international
law of human rights.
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.
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 is a study of the principal negotiating processes and
law-making tools through which contemporary international law is
made. It does not seek to give an account of the traditional - and
untraditional - sources and theories of international law, but
rather to identify the processes, participants and instruments
employed in the making of international law. It accordingly
examines some of the mechanisms and procedures whereby new rules of
law are created or old rules are amended or abrogated. It
concentrates on the UN, other international organisations,
diplomatic conferences, codification bodies, NGOs, and courts.
Every society perceives the need to differentiate between its legal
norms and other norms controlling social, economic and political
behaviour. But unlike domestic legal systems where this distinction
is typically determined by constitutional provisions, the
decentralised nature of the international legal system makes this a
complex and contested issue. Moreover, contemporary international
law is often the product of a subtle and evolving interplay of
law-making instruments, both binding and non-binding, and of
customary law and general principles. Only in this broader context
can the significance of so-called 'soft law' and multilateral
treaties be fully appreciated. An important question posed by any
examination of international law-making structures is the extent to
which we can or should make judgments about their legitimacy and
coherence, and if so in what terms. Put simply, a law-making
process perceived to be illegitimate or incoherent is more likely
to be an ineffective process. From this perspective, the assumption
of law-making power by the UN Security Council offers unique
advantages of speed and universality, but it also poses a
particular challenge to the development of a more open and
participatory process observable in other international law-making
bodies.
This collection of essays focusses on the following concepts:
sovereignty (the unique, intangible and yet essential
characteristic of states), statehood (what it means to be a state,
and the process of acquiring or losing statehood) and state
responsibility (the legal component of what being a state entails).
The unifying theme is that they have always been and will in the
future continue to form a crucial part of the foundations of public
international law. While many publications focus on new actors in
international law such as international organisations, individuals,
companies, NGOs and even humanity as a whole, this book offers a
timely, thought-provoking and innovative reappraisal of the core
actors on the international stage: states. It includes reflections
on the interactions between states and non-state actors and on how
increasing participation by and recognition of the latter within
international law has impacted upon the role and attributes of
statehood.
This is a study of the principal negotiating processes and
law-making tools through which contemporary international law is
made. It does not seek to give an account of the traditional - and
untraditional - sources and theories of international law, but
rather to identify the processes, participants and instruments
employed in the making of international law. It accordingly
examines some of the mechanisms and procedures whereby new rules of
law are created or old rules are amended or abrogated. It
concentrates on the UN, other international organizations,
diplomatic conferences, codification bodies, NGOs, and courts.
Every society perceives the need to differentiate between its
legal norms and other norms controlling social, economic and
political behaviour. But unlike domestic legal systems where this
distinction is typically determined by constitutional provisions,
the decentralized nature of the international legal system makes
this a complex and contested issue. Moreover, contemporary
international law is often the product of a subtle and evolving
interplay of law-making instruments, both binding and non-binding,
and of customary law and general principles. Only in this broader
context can the significance of so-called 'soft law' and
multilateral treaties be fully appreciated.
An important question posed by any examination of international
law-making structures is the extent to which we can or should make
judgments about their legitimacy and coherence, and if so in what
terms. Put simply, a law-making process perceived to be
illegitimate or incoherent is more likely to be an ineffective
process. From this perspective, the assumption of law-making power
by the UN SecurityCouncil offers unique advantages of speed and
universality, but it also poses a particular challenge to the
development of a more open and participatory process observable in
other international law-making bodies.
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