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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. -- .
Fault Lines of International Legitimacy deals with the following
questions: What are the features and functions of legitimacy in the
international realm? How does international legitimacy, as
exemplified in particular by multilateral norms, organizations, and
policies, change over time? What role does the international
distribution of power and its evolution have in the establishment
and transformation of legitimacy paradigms? To what extent do
democratic values account for the growing importance of legitimacy
and the increasing difficulty of achieving it at the international
and the national level? One of the central messages of the book is
that, although the search for international legitimacy is an
elusive endeavor, there is no alternative to it if we want to
respond to the intertwined demands of justice and security and make
them an integral and strategic part of international relations.
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 UN Security Council formally acknowledged an obligation to
promote justice and the rule of law in 2003. This volume examines
the extent to which the Council has honoured this commitment when
exercising its powers under the UN Charter to maintain
international peace and security. It discusses both how the concept
of the rule of law regulates, or influences, Security Council
activity and how the Council has in turn shaped the notion of the
rule of law. It explores in particular how this relationship has
affected the Security Council's three most prominent tools for the
maintenance of international peace and security: peacekeeping,
sanctions and force. In doing so, this volume identifies strategies
for better promotion of the rule of law by the Security Council.
This book will be of interest to scholars and students of
international law, international relations, international
development and peacekeeping.
The UN Security Council formally acknowledged an obligation to
promote justice and the rule of law in 2003. This volume examines
the extent to which the Council has honoured this commitment when
exercising its powers under the UN Charter to maintain
international peace and security. It discusses both how the concept
of the rule of law regulates, or influences, Security Council
activity and how the Council has in turn shaped the notion of the
rule of law. It explores in particular how this relationship has
affected the Security Council's three most prominent tools for the
maintenance of international peace and security: peacekeeping,
sanctions and force. In doing so, this volume identifies strategies
for better promotion of the rule of law by the Security Council.
This book will be of interest to scholars and students of
international law, international relations, international
development and peacekeeping.
The Universal Periodic Review is an intriguing and ambitious
development in human rights monitoring which breaks new ground by
engaging all 193 members of the United Nations. This book provides
the first sustained analysis of the Review and explains how the
Review functions within the architecture of the United Nations. It
draws on socio-legal scholarship and the insights of human rights
practitioners with direct experience of the Review in order to
consider its regulatory power and its capacity to influence the
behaviour of states. It also highlights the significance of the
embodied features of the Review, with its cyclical and intricately
managed interactive dialogues. Additionally, it discusses the
rituals associated with the Review, examines the tendency of the
Review towards hollow ritualism (which undermines its aspiration to
address human rights violations comprehensively) and suggests how
this ritualism might be overcome.
Fault Lines of International Legitimacy deals with the following
questions: What are the features and functions of legitimacy in the
international realm? How does international legitimacy, as
exemplified in particular by multilateral norms, organizations, and
policies, change over time? What role does the international
distribution of power and its evolution have in the establishment
and transformation of legitimacy paradigms? To what extent do
democratic values account for the growing importance of legitimacy
and the increasing difficulty of achieving it at the international
and the national level? One of the central messages of the book is
that, although the search for international legitimacy is an
elusive endeavor, there is no alternative to it if we want to
respond to the intertwined demands of justice and security and make
them an integral and strategic part of international relations.
International law can create great expectations in those seeking to
rebuild societies that have been torn apart by conflict. For
outsiders, international law can mandate or militate against
intervention, bolstering or undermining the legitimacy of
intervention. International legal principles promise equality,
justice and human rights. Yet international law's promises are
difficult to fulfil. This volume of essays, first published in
2009, investigates the phenomenon of post-conflict state-building
and the engagement of international law in this enterprise. It
draws together original essays by scholars and practitioners who
consider the many roles international law can play in
rehabilitating societies after conflict. The essays explore
troubled zones across the world, from Afghanistan to Africa's Great
Lakes region, and from Timor-Leste to the Balkans. They identify a
range of possibilities for international law in tempering,
regulating, legitimating or undermining efforts to rebuild
post-conflict societies.
International law can create great expectations in those seeking to
rebuild societies that have been torn apart by conflict. For
outsiders, international law can mandate or militate against
intervention, bolstering or undermining the legitimacy of
intervention. International legal principles promise equality,
justice and human rights. Yet international law's promises are
difficult to fulfil. This volume of essays, first published in
2009, investigates the phenomenon of post-conflict state-building
and the engagement of international law in this enterprise. It
draws together original essays by scholars and practitioners who
consider the many roles international law can play in
rehabilitating societies after conflict. The essays explore
troubled zones across the world, from Afghanistan to Africa's Great
Lakes region, and from Timor-Leste to the Balkans. They identify a
range of possibilities for international law in tempering,
regulating, legitimating or undermining efforts to rebuild
post-conflict societies.
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