Research Handbook on Feminist Engagement with International Law

2021 ◽  
Author(s):  
Erica Coray
Keyword(s):  
International Law ◽  
Feminist Jurisprudence ◽  
Feminist Thought ◽  
Feminist Theories

ABSTRACT This review analyzes the efficacy of the collection in engaging with international law through the lens of feminist jurisprudence. The editors have compiled a diverse collection that applies feminist thought to varying topics of international law, including economic topics that do not obviously lend themselves to feminist engagement, that demonstrates the benefits of such analysis. The handbook effectively illustrates the potential for feminist thought to apply broadly to international law topics and provides a path forward for continued engagement with feminist theories in international law.

scholarly journals Returning to the root: Radical feminist thought and feminist theories of International Relations

2020 ◽  
Vol 46 (3) ◽  
pp. 357-375
Author(s):  
David Duriesmith ◽  
Sara Meger
Keyword(s):  
International Relations ◽  
Political Action ◽  
Radical Feminism ◽  
Ir Theory ◽  
Radical Feminist ◽  
Feminist Thought ◽  
Second Wave Feminism ◽  
Feminist Theories ◽  
Second Wave

AbstractFeminist International Relations (IR) theory is haunted by a radical feminist ghost. From Enloe's suggestion that the personal is both political and international, often seen as the foundation of feminist IR, feminist IR scholarship has been built on the intellectual contributions of a body of theory it has long left for dead. Though Enloe's sentiment directly references the Hanisch's radical feminist rallying call, there is little direct engagement with the radical feminist thinkers who popularised the sentiment in IR. Rather, since its inception, the field has been built on radical feminist thought it has left for dead. This has left feminist IR troubled by its radical feminist roots and the conceptual baggage that feminist IR has unreflectively carried from second-wave feminism into its contemporary scholarship. By returning to the roots of radical feminism we believe IR can gain valuable insights regarding the system of sex-class oppression, the central role of heterosexuality in maintaining this system, and the feminist case for revolutionary political action in order to dismantle it.

Smashing the Binary? A new era of legal gender registration in the Yogyakarta Principles Plus 10

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Lena Holzer
Keyword(s):  
International Law ◽  
Gender Diversity ◽  
Gender Recognition ◽  
State Control ◽  
Gender Assignment ◽  
New Era ◽  
The Public ◽  
Gender Binary ◽  
Feminist Theories ◽  
Gender Categories

<span>This article analyses the potential of Principle 31 of the Yogyakarta Principles plus 10 to smash the gender binary. Principle 31 proposes several innovations with regards to the registration of people’s gender on official documents and/or in state registries. In order to understand the practical meanings of these innovations, the article inspects exemplary jurisdictions that have realised some of the Principle’s suggestions. Queer and feminist theories serve as the normative framework to understand how Principle 31 smashes the static binary gender registration in the form of F and M. Moreover, relying on developments in international law helps to comprehend the context in which Principle 31 was created and its innovative nature. The four central reforms proposed by Principle 31 are discussed in independent sections in the article. They include the elimination of gender markers, unconditional gender recognition laws, the introduction of non-binary legal gender categories and the elimination of the public gender registration. The article concludes that all of these four measures face specific limitations in how they smash the gender binary, but, as a whole, they trouble the naturalised understanding of dichotomous (legal) gender relations. Finally, Principle 31 alerts to the necessity of reducing the naturalised state control over people’s gender assignment, while making sure that where the state (still) has control, it valorises gender diversity outside of a binary frame.</span>

Our Lives before the Law: Constructing a Feminist Jurisprudence. By Judith A. Baer. Princeton, NJ: Princeton University Press, 1999. 276p. $55.00 cloth, $18.95 paper.

2001 ◽  
Vol 95 (1) ◽  
pp. 199-200
Author(s):  
Gayle Binion
Keyword(s):  
Women In Politics ◽  
Feminist Jurisprudence ◽  
Sexual Equality ◽  
Princeton University ◽  
Feminist Thought ◽  
The Law

It is a daunting assignment to review a book after it has garnered a major award bestowed by the organization that publishes this journal. Judith Baer's Our Lives before the Law not only is a very worthy recipient of the 2000 Victoria Schuck Award for the best book on women in politics but also is an erudite and wide-ranging critique of feminist thought with the goal of "forc[ing] feminists to confront mainstream discourse and mainstream discourse to confront feminism" (p. 175). This goal is in the service of Baer's desire to construct a new jurisprudence of sexual equality, one that avoids the pitfalls Baer perceives as inherent in the efforts of others to date.

scholarly journals ISIL in Iraq: A Critical Analysis of the UN Security Council’s Gendered Personification of (Non)States

Laws ◽  
2022 ◽  
Vol 11 (1) ◽  
pp. 5
Author(s):  
Faye Bird
Keyword(s):  
Discourse Analysis ◽  
International Law ◽  
Security Council ◽  
Critical Analysis ◽  
The State ◽  
The Other ◽  
Islamic State ◽  
Feminist Theories ◽  
Legal Subjects

Legal feminist theories have troubled dominant conceptions of statehood, revealing the threat of the ‘Other’ as integral to the hegemonic masculinity of powerful states. In this paper I provide a critical gendered discourse analysis of the UN Security Council’s response to the Islamic State of Iraq and Syria (ISIL). I consider the role of personification in constituting legal subjects as states (persons) and excavate this from the Council’s resolutions concerning Iraq. In constituting ISIL as a barbaric, hypermasculine terror group in relational opposition to the state of Iraq, the Council draws on gendered normativities ordinarily veiled by seemingly objective legal criteria as to the creation of states. Whilst the state of Iraq is constituted through the hegemonic model of statehood, one premised upon democratic, liberal Westphalian ideals, it is still subject to the paternalism of the Security Council. In this way, the state of Iraq is framed as failing to reach a particular masculine standard of statehood, and is thus subject to the continuation of ‘civilising’ discourses. Thus, instead of asking whether ISIL is or is not a state under international law, it is revealing to consider how responses to it work to maintain and (re)produce a graded, hierarchical international community of states.

scholarly journals CORAK FEMINISME POST-MODERNIS DALAM PENAFSIRAN FAQIHUDDIN ABDUL KODIR

2020 ◽  
Vol 21 (1) ◽  
pp. 237
Author(s):  
Lukman Hakim
Keyword(s):  
Reciprocal Relationship ◽  
Analysis Tool ◽  
Men And Women ◽  
Religious Texts ◽  
Second Sex ◽  
Feminist Thought ◽  
Feminist Theories ◽  
The Way

The debate about the interpretation of the Qur'an which is considered gender biased, continues to develop with diverse arguments. Women are considered as the aggrieved party in this negotiation. Women are considered as the second sex (second sex) and become subordinate men. As a result, women are the object of oppression for men. In the context of this debate, Faqihuddin Abdul Kodir came with a new argument in approaching religious texts that were considered gender biased. He introduced the method of qira> ’ah mubadalah to create a balanced relationship between men and women. Therefore, this study would like to explain the products produced by Faqihuddin with this method and find the patterns of feminist thought in several developing feminist theories. To achieve this goal, this study uses the structural exegesis method as an analysis tool to find the influence of interpretation of the text with the interpreter's experience in the context that surrounds it. The method used by Faqihuddin to release women from the shackles of men with the muba method is by placing women in the position of men in verse narration, so that there is a reciprocal relationship. From the form of interpretation conducted by Faqihuddin, this study found that the reconstruction of the meaning that was carried out was basically driven by an effort to release the order of symbols in the text which was understood only in its literal form. This reflects the way that is usually done by post-modern feminists who mock each term that indicates the subordination of women to men.

Agency

2015 ◽  
Author(s):  
Lois McNay
Keyword(s):  
Cultural Analysis ◽  
Cross Cultural ◽  
Cultural Norms ◽  
Relational Autonomy ◽  
Feminist Thought ◽  
Feminist Theories ◽  
The Cross ◽  
Cross Cultural Analysis

This chapter traces key developments in feminist thought on agency through an underlying tension between the descriptive and normative senses of the term. Feminist theories of agency as relational autonomy displace problematic ideas of sovereignty yet remain entangled in a problematic prescriptivism about the different ways women choose to lead their lives. This adjudicative agenda is overcome in feminist theories of agency as resistance that are grounded in less prescriptive ideas of emancipatory action as subversion from within. These, in turn, are subject to the criticism that resistance is a peculiarly Western preoccupation that leads to the ethnocentric discounting of other types of active agency where women in nonsecular societies create meaningful identities for themselves within, not against, the dominant cultural norms. The chapter goes on to consider how some theorists have sought to bypass the normative dilemmas that accompany the cross-cultural analysis of agency.

Identities

2015 ◽  
Author(s):  
Nadine Ehlers
Keyword(s):  
Feminist Theory ◽  
The Self ◽  
Feminist Thought ◽  
Feminist Theories ◽  
Time Periods

This chapter explores how the concept of “identity” has been formulated within feminist theory. Looking specifically to the ongoing contestations to how identity has been imagined, it explores the ontological and epistemological assumptions of these imaginings. Additionally, the chapter addresses recent moves away from focusing on identity in some contemporary feminist thought and the implications of such a move. In considering how feminism has thought about identity, it becomes clear that there is no linear or teleological trajectory; there are competing theories within—and links across—each of the broad time periods and rubrics of thought traced out, and all feminist theories of identity are themselves marked by contradictory possibilities and imaginings for/of the self.

scholarly journals PRAWA REPRODUKCYJNE I SEKSUALNE W ONZ I ICH DOKTRYNALNE UWARUNKOWANIA

2016 ◽  
Vol 16 (2) ◽  
pp. 163
Author(s):  
Karolina Dobrowolska
Keyword(s):  
Reproductive Health ◽  
United Nations ◽  
International Law ◽  
Sexual And Reproductive Health ◽  
International Treaties ◽  
Member States ◽  
Feminist Theories ◽  
History Of ◽  
The United Nations ◽  
The Right

Sexual and Reproductive Health and Rights at the United Nations and Their Doctrinal Background Summary The concept of sexual and reproductive health and rights still remains unclear in the international law regime. Despite the fact that during the United Nations International Conference on Population and Development in Cairo (1994), all UN Member States agreed that the term sexual and reproductive health and rights does not contain the “right to abortion,” one can observe continuous attempts to renegotiate the established consensus. The discussion on SRHR is exerting a great impact on the policy of international organizations and therefore it has a potential to create obligations on their Member States. The aim of this article is to present the history of the concept of “sexual and reproductive health and rights” and to analyze it in two aspects. First, the article elaborates on the doctrinal and ideological connotations of SRHR construction. It shows how the SRHR construction derives from feminist theories that regard the spheres of procreation and sexuality as the main sources of inequality between men and women. Second, the article shows how feminist concepts of human sexuality have influenced and shaped the legal constructions of international treaties under the UN auspices.

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