Fear of the Wandering Gay: some reflections on citizenship, nationalism and recognition in same-sex relationships

2012 ◽  
Vol 8 (2) ◽  
pp. 268-282 ◽  
Author(s):  
Zvi Triger
Keyword(s):  
International Law ◽  
Legal Status ◽  
Proper Solution ◽  
Same Sex ◽  
Legal Subject ◽  
Sexual Deviancy ◽  
Law And Policy ◽  
The Family ◽  
History Of ◽  
Privileged Class

AbstractThroughout the history of the modern state, homosexuality has been a legal category, and not simply a medical or a psychiatric one. Fear of that legal subject manifests itself in law and policy not only about ‘the family’ but also about nationhood and citizenship. This is an article about this fear of the ‘Wandering Gay’, about the ways in which this fear has influenced domestic and international law regarding recognition in same-sex relationships, and about ways in which it can be overcome. I begin by introducing the Wandering Gay as a hidden driving cultural concept behind a state's reluctance (and in some places, outright objection) to recognise same-sex relationships. I then compare American and Israeli immigration policies concerning immigrants' sexuality, and discuss the different focuses of each system: while American policy (prior to its reform) was mainly concerned with ‘sexual deviancy’, Israeli policy was concerned with otherness, particularly non-Jewishness, in general. However, as I argue, homosexuality is one way in which individuals are ‘othered’ by Israeli immigration policy, since they cannot acquire legal status based on their marital status. I then contend that marriage is being used as a weapon against LGBT individuals, and that this is done from within a discourse that elevates marriage to a right that only heterosexual citizens are entitled to. I argue that marriage is used as a means of discrimination against minorities, and I question whether the proper solution to this violation of human rights is indeed to add more and more minorities to the privileged class of those who can marry, thus equipping them with the weapon of marriage to use against others.

scholarly journals 家庭與社會公義

2018 ◽  
Vol 16 (2) ◽  
pp. 45-48
Author(s):  
Lawrence YUNG
Keyword(s):  
Social Justice ◽  
Legal Status ◽  
Individual Autonomy ◽  
Same Sex ◽  
Sexual Freedom ◽  
Same Sex Marriage ◽  
Digital Commons ◽  
The Family ◽  
Gender Neutrality ◽  
Heterosexual Marriage

LANGUAGE NOTE | Document text in Chinese; abstract in English only.Mark Cherry’s article identifies claims regarding individual autonomy, gender neutrality, and rights to sexual freedom as taking a commanding place within the secular liberal recasting of the family to grant same-sex marriage the same legal status as heterosexual marriage. Cherry refers to Plato’s proposal of abolishing family in Republic (Book V) as a precursor to reforming the family to engineer currently favored versions of social justice. This paper adds to the discussion on family and social justice with an explication of this proposal of abolishing family and a comparison with the Confucian ideal of Great Unity.DOWNLOAD HISTORY | This article has been downloaded 122 times in Digital Commons before migrating into this platform.

The Ban on the Use of Force in the UN Charter

2016 ◽  
Author(s):  
Nico Schrijver
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Status ◽  
Use Of Force ◽  
The Other ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of

This chapter focuses on Article 2(4) of the UN Charter, which prohibits the use of force in international relations. After discussing pre-Charter attempts to restrict states’ freedom to resort to warfare, it examines the emergence of a normative doctrine on a bellum justum. It considers the history of Article 2(4) and the other articles of the Charter that touch on the use of force and outlines exceptions to the prohibition on the use of force, including the so-called Uniting for Peace procedure. It examines the interpretation of Article 2(4) in the practice of the General Assembly, Security Council, and International Court of Justice), together with its inclusion in a number of multilateral treaties. Finally, it assesses the question whether the use of force after 1945 conforms to the object and purpose of Article 2(4), as well as the legal status of the prohibition to use force in contemporary international law.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

Same-Sex Relationships and Anglo-Canadian Choice of Law: An Argument for Universal Validity

1997 ◽  
Vol 34 ◽  
pp. 103-136
Author(s):  
Wendy A. Adams
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Legal Status ◽  
Supreme Court Of Canada ◽  
Private International Law ◽  
Same Sex ◽  
Choice Of Law ◽  
The Supreme Court ◽  
The Face

SummaryThe distinction between formal and essential validity in Anglo-Canadian choice of law regarding marriage is an illogical bifurcation that unnecessarily invalidates same-sex relationships contracted in foreign jurisdictions. The Supreme Court of Canada has recently reformulated certain rules of private international law, taking into account both the constitutional and sub-constitutional imperatives inherent in a federal setting and the need for order and fairness when co-ordinating diversity in the face of increasing globalization. Reform of the choice of law rules regarding the validity of foreign marriages should proceed accordingly with the result being that a marriage valid where celebrated is valid everywhere. No principled reason exists to deny recognition to same-sex relationships validly contracted in other jurisdictions, nor to differentiate between the rights and obligations arising from the legal status of same-sex and different-sex relationships.

scholarly journals Rights and obligations of prisoners of war in the World War I and their observance in Lebedyn District of Kharkiv Province

2020 ◽  
pp. 7-14
Author(s):  
N.V. Lobko
Keyword(s):  
World War I ◽  
International Law ◽  
Legal Status ◽  
Prisoners Of War ◽  
World War ◽  
Stage Of Development ◽  
The World ◽  
History Of ◽  
State Archives ◽  
The Russian Empire

History of World War I that due to its global consequences started a new stage of development of European civilization still draws attention of many researchers. One of the most interesting topics for researchers is the topic of war imprisonment during the World War I. Stay of prisoners of war in the territory of Ukraine is a scantily studied issue. The objects of this study are prisoners of war who were in Lebedyn district of Kharkiv province during the World War I (1914–1918). The subject of the research is the legal status of prisoners of war, the protection of their rights and the observance of their duties. The author analyzed norms of international law and Russian legislation for regulation conditions of war imprisonment during the period of war. Using materials of Lebedyn District of Kharkiv Province, being deposited in the archives of Sumy Region, the author examines the legal status of prisoners of war, the protection of their rights and the observance of their duties. The position of prisoners of war during the World War I on Ukrainian lands as part of the Russian Empire was determined by the norms of international law and Russian legislation for regulation conditions of war imprisonment during the period of war. Using the archival sources kept in funds of the State Archives of Sumy Region, it was found that the rights of prisoners of war were generally ensured on the territory of the Lebedyn District of Kharkiv Province. However, there were not a few cases when Austrian and German prisoners suffered from hunger, domestic inconvenience and abuse by employers. There were also repeated violations of their duties by prisoners of war. The most common violations were refusal to work, leaving the workplace.

scholarly journals Family Rights of the Child and Their Legislative Support

2021 ◽  
Vol 39 (71) ◽  
pp. 205-223
Author(s):  
Vitalii M. Cherneha ◽  
Liudmila V. Kuznetsova ◽  
Oleh V. Fedorchenko ◽  
Olena A. Kaminska ◽  
Sergіі V. Bezpalko
Keyword(s):  
International Law ◽  
Legal Status ◽  
State Level ◽  
Free Expression ◽  
Practical Implementation ◽  
Rights Of The Child ◽  
Legal Relationship ◽  
Parents And Children ◽  
The Family ◽  
Legislative Support

The objective of the study was to identify the legal mechanisms for the protection of the family rights of the child and to outline the main problems of their implementation. The child's family rights system was found to contain the child's intangible basic rights, which establish his or her legal status in the family. This system includes the child's right to life, name, citizenship, knowledge of his parents, care of parents, coexistence with parents, preservation of his identity and citizenship, free expression of his own views. It states that the protection of the family rights of the child and the legal relations of parents and children is based on four principles. It is determined that the practical solution of issues related to the exercise of the family rights of the child is regulated by international law, which makes it possible to resolve issues related to the legal relationship between parents and children at the inter-State level. It is concluded that perspectives on legislative support for the family rights of the child demand further empirical research, as well as a theoretical and methodological justification for determining the legal mechanisms of their practical implementation.

scholarly journals ‘International Shanghai’ (1863–1931): Imperialism and private authority in the Global City

2021 ◽  
pp. 1-19
Author(s):  
Wanshu Cong ◽  
Frédéric Mégret
Keyword(s):  
International Law ◽  
Legal Status ◽  
Sovereign Power ◽  
Law And Order ◽  
Municipal Council ◽  
Private Authority ◽  
Treaty Port ◽  
Private Power ◽  
History Of ◽  
Ultimate Failure

Abstract At the intersection of imperial rule and private power, Shanghai rose to international prominence in the second half of the nineteenth and first half of the twentieth century. It did so by taking advantage of the extraterritorial status and the dynamic, cosmopolitan population of the International Settlement. In evaluating the fate of the Shanghai Municipal Council, we seek to ascertain how private authority could have been constituted on a transnational basis within the framework of a treaty port. The rise of Shanghai was linked to some of the ambiguities of overlapping imperial rule and the possibilities it created for legal and governance experimentation. This is particularly clear in realms most associated with sovereign power, namely the International Settlement’s attempts to claim some taxation power and maintain law and order. That power, however, was interstitial at best and the product of fragile balances, as shown by the Council’s ultimate failure to secure a full international legal status for Shanghai. Nonetheless, the rise and fall of the International Settlement at Shanghai are worth reflecting upon, not only in relation to the history of China, imperialism and international law, but also as a way of thinking how the authority of large metropolitan centres might be constituted.

scholarly journals Life history of Parnips and the evolutionary origin of gall wasps

2018 ◽  
Vol 65 ◽  
pp. 91-110 ◽  
Author(s):  
Fredrik Ronquist ◽  
Johan A. A. Nylander ◽  
Hege Vårdal ◽  
José Luis Nieves-Aldrey
Keyword(s):  
Life History ◽  
Instar Larva ◽  
Host Larva ◽  
Detailed Data ◽  
Same Sex ◽  
Larval Life ◽  
Form Complex ◽  
The Family ◽  
Gall Wasps ◽  
History Of

By mechanisms that are still unknown, gall wasps (Cynipidae) induce plants to form complex galls, inside which their larvae develop. The family also includes inquilines (phytophagous forms that live inside the galls of other gall inducers) and possibly also parasitoids of gall inducers. The origin of cynipids is shrouded in mystery, but it has been clear for some time that a key group in making progress on this question is the ‘figitoid inquilines’. They are gall-associated relatives of cynipids, whose biology is poorly known. Here, we report the first detailed data on the life history of a figitoid inquiline, the genusParnips. Dissections of mature galls show thatParnipsnigripesis a parasitoid ofBarbotiniaoraniensis, a cynipid that induces single-chambered galls inside the seed capsules of annual poppies (PapaverrhoeasandP.dubium). Galls with pupae ofParnipsnigripesalways contain the remains of a terminal-instar larva ofB.oraniensis. The mandibles of the terminal-instar larva ofP.nigripesare small and equipped with a single sharp tooth, a shape that is characteristic of carnivorous larvae. The weight ofP.nigripespupae closely match that of the same sex ofB.oraniensispupae, indicating thatParnipsmakes efficient use of its host and suggesting that ovipositingParnipsfemales lay eggs that match the sex of the host larva. Dissection of young galls show that another species ofParnips, hitherto undescribed, spends its late larval life as an ectoparasitoid ofIraellahispanica, a cynipid that induces galls in flowers of annual poppies. These and other observations suggest thatParnipsshares the early endoparasitic-late ectoparasitic life history described for all other cynipoid parasitoids. Our findings imply that gall wasps evolved from parasitoids of gall insects. The original hosts could not have been cynipids but possibly chalcidoids, which appear to be the hosts of several extant figitoid inquilines. It is still unclear whether the gall inducers evolved rapidly from these ancestral parasitoids, or whether they were preceded by a long series of intermediate forms that were phytophagous inquilines.

Theories of justification of diplomatic privileges and immunities: problems and ways of solution

2020 ◽  
pp. 74-79
Author(s):  
Marina Okladnaya ◽  
Yurii Burdai
Keyword(s):  
International Law ◽  
Host Country ◽  
Foreign Relations ◽  
Legal Status ◽  
Rapid Development ◽  
Criminal Prosecution ◽  
Main Body ◽  
Theoretical Justification ◽  
The Family ◽  
Problem Setting

Problem setting. The question of the theoretical justification for the existence of a significant number of privilegesand immunities enjoyed by a diplomatic agent has never lost its relevance. This is due to the fact that they are virtuallyunpunished and inviolable in the territory of the host country in the performance of their duties. D. B. Levin also paidattention to problematic issues concerning privileges and immunities. Scholars such as J. Brownie and V. M. Repetskynoted that the list of privileges should be complete given the rapid development of foreign relations between the subjectsof international law, while L. G. Falaleeva, V. V. Marakhovsky and P. M. Prybluda raised the question of unfoundednessof some privileges enjoyed by the diplomatic corps. The purpose of this work is to summarize the theoretical achievements concerning the argumentation of diplomaticprivileges and immunities, their use by members of the family of a diplomatic agent. We will also try to formulateproposals for possible innovations and restrictions on the legal status of the family of a member of the diplomatic corps. Analysis of recent research. At the doctrinal level, theories arguing for the use of diplomatic privileges and immunitiesby members of a diplomatic agent’s family are highly controversial. Among the modern works devoted to thesubstantiation of diplomatic privileges and immunities, it should be noted the works of Yu. G. Demin, D. B. Levin, V. M.Repetsky. Article’s main body. The article presents a detailed analysis of international law and the views of scholars and specialistsin this field, discusses current theoretical and applied issues of the theories of justification of diplomatic privilegesand immunities. Conclusions. After analyzing the theories of substantiation of diplomatic privileges and immunities, we concludedthat their presence is an integral part of the performance of their functions by a diplomatic agent of any rank. The purposeof such benefits and privileges is not to provide the diplomat with an additional opportunity to violate the law, but toensure his smooth exercise of his functions.The responsibility imposed on the accrediting country for acts committed in essence by persons who are not civilservants is too great and unjustified. We have also established that personal inviolability is an important aspect of theunimpeded stay of family members in the host country. But we propose to narrow this privilege, namely to establish arule that would provide for the possibility of criminal prosecution of a family member of a diplomatic agent, which entailsa sanction related to imprisonment in accordance with the national legislation of the host country.

Religion, Law and the Family

2008 ◽  
Vol 10 (3) ◽  
pp. 355-356
Author(s):  
Layla Wilkie-Buckley
Keyword(s):  
International Law ◽  
Law School ◽  
State Law ◽  
Same Sex ◽  
Vast Array ◽  
Religious Law ◽  
The Family ◽  
The Law

On 11 and 12 March, an international and interdisciplinary conference was held at Cardiff Law School to mark the tenth anniversary of the foundation of its Centre for Law and Religion. Eleven professors, all of whom are leading scholars with international reputations in this field, addressed the changing understandings of the family in international law, state law and religious law. The papers given provided a clear illustration of the vast array of areas in which law, religion and the family interplay and affect each other through the application of the law, such as legislative developments concerning same-sex relationships, biomedicine and religious reservations, and developments that illustrate a changing understanding of what constitutes a family.

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