Struggle for Recognition: Theorising Sexual/Gender Minorities as Rights-Holders in International Law

Author(s):  
Po-Han Lee
2021 ◽  
Vol 16 (3) ◽  
pp. 203-219
Author(s):  
Maxim Bratersky ◽  
◽  
Andrei Skriba ◽  
Arina Sapogova ◽  
◽  
...  

In this article, the prospects or changing the status of unrecognized states in Greater Eurasia are analyzed. Status and recognition are close but distinct categories in international relations (IR) theory and international law. Status defines a state’s rank in the hierarchical international system. Recognition is a different category; legally, it defines whether other states recognize a particular state as fully established and sovereign. Sovereignty is a third category related to the issue of recognition but not equal to it since it includes internal and external (international) sovereignty. There are examples of sovereign states that effectively control their territories and collect taxes, but which are not recognized as sovereign by other states. The analysis in this article focuses on whether an unrecognized state can strengthen its status and improve its position in the international system. It is argued that this is possible, and that the absence of international recognition should not be regarded as an unsurpassable impediment to the economic development of the country.


2019 ◽  
Vol 13 (3) ◽  
pp. 435-457
Author(s):  
Fidelma Ashe

Abstract∞ This article contributes to a developing field of scholarship that has been concerned with exploring the impacts of conflict and its transformation on sexual and gender minorities. Drawing on extant analysis, the article explores the marginalization of issues pertaining to sexuality and gender in international law and peace agreements. It then moves on to an assessment of the effects of the integration of sexual orientation and gender identity equality provisions into a limited number of peace agreements. The article contends that attempts to implement and extend sexual orientation and gender identity (SOGI) equality provisions in peace agreements in meaningful ways typically become cast as justifiable, residual or reprehensible by agonistic groups at local levels during transition. It claims that this fracturing of standpoints on SOGI equality can strengthen counterhegemonic articulations of sexual and gender minorities’ identities that provoke radical versions of peacebuilding.


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