In mounting their assault, the authors have drawn upon their depth of knowledge of international law and of feminist legal theory and their commitment to equity and justice. By exposing the elements of international law to the clear light of feminist analysis, the authors show that it suffers from defects parallel to those of domestic legal systems. Although in classical theory the subjects of international law (and those most vitally concerned in its content) are states, rather than individuals, international law, as any system of law, is the creation of human beings and its ultimate impact is on individual behavior. Whatever theory is preferred, whether international law is seen as a manifestation of the universal values of natural law or as derived from state practice, whether it is considered as a neutral set of rules impartially applied or as a process of decision-making, international law is influenced by choices between competing values and by policy considerations. Like all legal systems it is based on values and assumptions about how people should live together in society and how organized communities should relate to each other.
A recurrent theme in this study is that of the absence of women from the processes of international law, starting with the organs of the state, and extending to the make up of international organizations, international courts and tribunals. It is within the power of states to change this; they have international obligations to promote equality of participation. But state action has not gone much further than their many exhortations to each other to take action on this issue. As a consequence, at least until the arrival of scholars like the present authors, women have been denied the opportunity to contribute to the shaping of international law, its goals and its priorities,
The strength of this work is that the authors have used their knowledge of international law to throw new light on its underlying theories and to stimulate new ways of thinking about its traditional concepts. This feminist analysis of international law is an important contribution to the process of change and to the redressing of past wrongs. If it provokes debate and even dissension, its purpose will be well served.
International Law Beyond The State draws together a collection of thought-provoking essays by a leading .
International Law Beyond The State draws together a collection of thought-provoking essays by a leading Professor of International Law and Human Rights, Robert McCorquodale. These deal with some of the key issues necessary to understand the changing international legal system, such as the role of non-state actors, how human rights are applied and the developing ideas of sovereignty in the. In 1991, Hilary Charlesworth, Christine Chinkin, and Shelley Wright jointly attempted a general feminist critique of international law in The American Journal of International Law.
Charlesworth, Hilary. International law, Feminist jurisprudence. Books for People with Print Disabilities. Trent University Library Donation. Internet Archive Books. Uploaded by station07. cebu on February 8, 2019. SIMILAR ITEMS (based on metadata).
The first book-length treatment of the application of feminist theories to international la. .Its central argument is 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 world-wide rather than confronted i.Provides a feminist perspective on the structure.
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1 Charlesworth, Hilary, Chinkin, Christine, & Wright, Shelley, Feminist .
1 Charlesworth, Hilary, Chinkin, Christine, & Wright, Shelley, Feminist Approaches to International Law, 85 AJIL 613 (1991). 2 As reported by Charlesworth, the fears were groundless but revealing nonetheless. Charlesworth, Hilary, Alienating Oscar’? Feminist Analysis of International Law, in Reconceiving Reality: Women and International Law 1, 15 n. 2 (Dorinda, G. Dallmeyered.
Charlesworth, . Chinkin, C. and Wright, . Feminist Approaches to International Law, American Journal of.Newcastle Law School, University of Newcastle, 21-24 Windsor Terrace, Newcastle upon Tyne, NE1 7RU, . Feminist Approaches to International Law, American Journal of International Law 85 (1991), 613. Article. Teson, F, Feminism and International Law: A Reply, Virginia Journal of International Law 33 (1993), 647. Google Scholar.
Hilary Charlesworth is Professor and Director of the Centre of International and Public Law at the Australian National University, Canberra
It argues that the institutions, methodologies and substantive principles of international law are gendered in that they are based on the realities of male lives. Hilary Charlesworth is Professor and Director of the Centre of International and Public Law at the Australian National University, Canberra. Christine Chinkin is Professor of International Law at the London School of Economics and Political Science -. Country of Publication.
The boundaries of international law: A feminist analysis. H Charlesworth, C Chinkin. Feminist methods in international law. H Charlesworth. Manchester University Press, 2000. The American Journal of International Law 93 (2), 379-394, 1999. What are ‘women’s international human rights’? H Charlesworth. Human rights of women: National and international perspectives 58, 61, 1994.
It argues that the institutions, methodologies and substantive principles of international law are gendered in that they are based on the realities of male lives. The book draws on a range of feminist theories to discuss the theories, sources and institutions of international law, the role of the state in international law, human rights law and the law relating to the use of force and the peaceful settlement of disputes.
Charlesworth, H. and .