feminist perspectives on contemporary international law between resistance and compliance

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Feminist Perspectives On Contemporary International Law

Author : Sari Kouvo
ISBN : 9781782255857
Genre : Law
File Size : 87. 49 MB
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The essays in this volume analyse feminism's positioning vis-� -vis international law and the current paradigms of international law. The authors argue that, willingly or unwillingly, feminist perspectives on international law have come to be situated between 'resistance' and 'compliance'. That is, feminist scholarship aims at deconstructing international law to show why and how 'women' have been marginalised; at the same time feminists have been largely unwilling to challenge the core of international law and its institutions, remaining hopeful of international law's potential for women. The analysis is clustered around three themes: the first part, theory and method, looks at how feminist perspectives on international law have developed and seeks to introduce new theoretical and methodological tools (especially through a focus on psychoanalysis and geography). The second part, national and international security, focuses on how feminists have situated themselves in relation to the current discourses of 'crisis', the post-9/11 NGO 'industry' and the changing discourses of violence against women. The third part, global and local justice, addresses some of the emerging trends in international law, focusing especially on transitional justice, state-building, trafficking and economic globalisation.

Challenging Gender Inequality In Tax Policy Making

Author : Kim Brooks
ISBN : 9781847316547
Genre : Law
File Size : 44. 31 MB
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This volume takes a critical look at the gender of tax policy around the world. Contributors based in eight different countries examine the profound effects that gender norms and practices have had in shaping tax law and policy, and how taxation in turn impacts upon the possibilities for equality along gender, race, class, sexuality and other lines. Chapters explore how the gendered fiscal state might be theorised; how structural choices about rates and bases in tax policy design contribute to gender inequality; how tax policy affects family configurations and perceptions of what constitutes family; how fiscal systems impact on savings and wealth accumulation by women and men; and the role of different policy-making processes and institutions in occluding and sometimes challenging these patterns. Most significantly, perhaps, the book explores these questions in an international frame, traversing countries and continents. The conclusion: fiscal policy has deep rooted, long standing gender implications that affect virtually every aspect of our social, political, and economic lives whether we live in Canada, Australia or Kenya.

The Law On The Use Of Force

Author : Gina Heathcote
ISBN : 9781136628009
Genre : Law
File Size : 63. 75 MB
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The book presents the international laws on the use of force whilst demonstrating the unique insight a feminist analysis offers this central area of international law. The book highlights key conceptual barriers to the enhanced application of the law of the use of force, and develops international feminist method through rigorous engagement with the key writers in the field The book looks at the key aspects of the UN Charter relevant to the use of force – Article 2(4), Article 51 and Chapter VII powers – as well as engaging with contemporary debates on the possibility of justified force to meet self-determination or humanitarian goals. The text also discusses the arguments in favour of the use of pre-emptive force and reflects on the role feminist legal theories can play in exposing the inconsistencies of contemporary arguments for justified force under the banner of the war on terror. Throughout the text state practice and institutional documentation are analysed, alongside key instances of the use of force. The book makes a genuine, urgently needed contribution to a central area of international law, demonstrating the capacity of feminist legal theories to enlarge our understanding of key international legal dilemmas.

Embodying Motherhood

Author : Anu Aneja
ISBN : 9789351509639
Genre : Family & Relationships
File Size : 41. 70 MB
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This book reflects on the nature of motherhood ideology in India, and its critique from a feminist perspective, in an effort to re-vision the embodiment of the maternal as symbol and experience.

Developing The Right To Social Security A Gender Perspective

Author : Beth Goldblatt
ISBN : 9781317311379
Genre : Social Science
File Size : 20. 8 MB
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The right to social security, found in international law and in the constitutions of many nations, contributes to the alleviation of poverty globally. Social security and its articulation as a human right have received increased attention in recent years both in response to austerity cuts to welfare in developed countries and as a means of lifting millions out of poverty in developing countries. Women, disproportionately affected by poverty in all parts of the world, stand to gain from a right to social security that takes cognisance of gender discrimination and disadvantage. This book interprets and redefines the right to social security from a gender perspective. Drawing on feminist theory, the book formulates a conceptual approach and a set of principles for a substantively equal, gendered right to social security. In so doing, it challenges the relationship between the right to social security and traditional conceptions of work that exclude women’s labour including their caring roles. It argues that the right must have application at the transnational level if it is to address the changing nature of women’s work due to globalisation. The book applies the framework and principles it develops to a study of international law focusing on the work of key United Nations human rights bodies. It also demonstrates the value of this framework in its analysis of three countries’ social security programmes - South Africa, Australia and India. In combining feminist thought on the nature of work and care with equality theories in developing the right to social security from a gender perspective this book expands the capacity of the right to advance gender equality and address gendered poverty.

Rethinking Peacekeeping Gender Equality And Collective Security

Author : G. Heathcote
ISBN : 9781137400215
Genre : Social Science
File Size : 86. 87 MB
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This book examines how the Security Council has approached issues of gender equality since 2000. Written by academics, activists and practitioners the book challenges the reader to consider how women's participation, gender equality, sexual violence and the prevalence of economic disadvantages might be addressed in post-conflict communities.

The Oxford Handbook Of The Theory Of International Law

Author : Anne Orford
ISBN : 9780191005558
Genre : Law
File Size : 54. 20 MB
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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Gender And International Law

Author : Sari Kouvo
ISBN : 041552010X
Genre : Human rights
File Size : 80. 24 MB
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Globalization And Sovereignty

Author : Jean L. Cohen
ISBN : 9781139560269
Genre : Political Science
File Size : 27. 10 MB
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Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Feminist Legal Theory Second Edition

Author : Robert Verchick
ISBN : 9781479882809
Genre : Social Science
File Size : 24. 15 MB
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Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws, and important shifts in culture and technology. The book centers on feminist legal theories, including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. Readers will find new material on women in politics, gender and globalization, and the promise and danger of expanding social media. Updated statistics and empirical analysis appear throughout. The authors, prominent experts in the field, also address feminist legal methods, such as consciousness-raising and storytelling. The primer offers an accessible and pragmatic approach to feminist legal theory. It demonstrates the ways feminist legal theory operates in real-life contexts, including domestic violence, reproductive rights, workplace discrimination, education, sports, pornography, and global issues of gender. The authors highlight a sweeping range of cutting-edge topics at the intersection of law and gender, such as single-sex schools, abortion, same-sex marriage, rape on college campuses, and international trafficking in women and girls. At its core, Feminist Legal Theory shows the importance of the roles of law and feminist legal theory in shaping contemporary gender issues.

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