Of sex and war: carceral feminism and its anti-carceral critique

2020 ◽  
Vol 8 (2) ◽  
pp. 351-364
Author(s):  
Mattia Pinto
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Common Sense ◽  
Starting Point ◽  
Carceral Feminism

Abstract In the last three decades, wartime sexual violence has become one of the main concerns for feminists engaged with international law. This essay reviews Karen Engle’s monograph on the causes and implications of today’s common-sense narrative about sexual violence in conflict. It shows how Engle’s powerful critique of ‘carceral feminism’ may represent a starting point for a new discussion of sex and war in international law.

Ontology and Perception

2004 ◽  
Vol 5 (1) ◽  
pp. 43-58
Author(s):  
Jeffrey S. Galko ◽  
Keyword(s):  
Common Sense ◽  
The Other ◽  
Cognitive Capacity ◽  
Complex Environment ◽  
Starting Point ◽  
Ontological Question ◽  
The One ◽  
Bodies Of Water ◽  
The Relationship

The ontological question of what there is, from the perspective of common sense, is intricately bound to what can be perceived. The above observation, when combined with the fact that nouns within language can be divided between nouns that admit counting, such as ‘pen’ or ‘human’, and those that do not, such as ‘water’ or ‘gold’, provides the starting point for the following investigation into the foundations of our linguistic and conceptual phenomena. The purpose of this paper is to claim that such phenomena are facilitated by, on the one hand, an intricate cognitive capacity, and on the other by the complex environment within which we live. We are, in a sense, cognitively equipped to perceive discrete instances of matter such as bodies of water. This equipment is related to, but also differs from, that devoted to the perception of objects such as this computer. Behind this difference in cognitive equipment underlies a rich ontology, the beginnings of which lies in the distinction between matter and objects. The following paper is an attempt to make explicit the relationship between matter and objects and also provide a window to our cognition of such entities.

COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?

2020 ◽  
Vol 2020 (2020) ◽  
pp. 186-202
Author(s):  
Ion GÂLEA ◽  
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Common Sense ◽  
Prima Facie ◽  
Fundamental Change ◽  
The Public ◽  
Force Majeure ◽  
International Obligations ◽  
International Responsibility ◽  
The Law

The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.

scholarly journals The new international legal order and new states in the Balkans

2006 ◽  
Vol 58 (3) ◽  
pp. 272-293 ◽  
Author(s):  
Dusko Dimitrijevic
Keyword(s):  
International Law ◽  
Essential Role ◽  
Legal Order ◽  
State Behavior ◽  
The Balkans ◽  
Starting Point ◽  
New States ◽  
International Legal Order ◽  
The One ◽  
Further Development

In this study the author attaches a great importance to the theoretical examination of the concept of the New International Legal Order that was embodied in the last decades of the 20th century. The starting point for that reflection is the dissolution of the SFR Yugoslavia that illustrates one of the fundamental legal precedents. Reminding that the basic principle for the post-modern State behavior must be the one that includes minimal disturbance of the existing international legal relations, the author stresses that "the Yugoslav case" was customized in the way to respond to the new reality where the principle of effectiveness played an essential role in valuation of the statehood. It could also be one of the greatest catalysts for all further 'development rules' of international law.

The Developmental State

2019 ◽  
pp. 71-100
Author(s):  
Luis Eslava
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Developmental State ◽  
The State ◽  
The South ◽  
Post Colonial ◽  
Institutional Formation ◽  
Complex Process ◽  
Starting Point ◽  
The Impact

The battle for international law during the era of decolonization in the mid-twentieth century was to a large extent a battle fought over the nature, function and objectives of the state—above all, over their relationship to the idea of ‘development’. A particular normative and institutional formation resulted from this battle: the ‘developmental state’, the impact of which on (in)dependence in the South was and continues to be profound. However, the ‘developmental state’ did not spring ready-made out of nowhere. On the contrary, using Latin America’s much earlier experience of colonialism, decolonization and independent statehood as a starting-point, this chapter draws attention to the long and complex process through which the developmental state’s most important elements emerged, defining what was thinkable and doable there and elsewhere in the post-colonial world.

A New Era in Cross-strait Relations? A Post-sovereign Enquiry in Taiwan’s Investment Treaty System

2019 ◽  
pp. 290-310
Author(s):  
Horia Ciurtin
Keyword(s):  
International Law ◽  
Main Trend ◽  
The European Union ◽  
New Era ◽  
Investment Treaty ◽  
System P ◽  
International Economic Law ◽  
Starting Point ◽  
Eye Opening ◽  
Litmus Test

The author provides a post-sovereign enquiry in Taiwan’s investment treaty system. Going beyond the traditional legal divisions, Taiwan showed that it can bypass such limitations, being a main trend-setter in innovating the area of international economic law. Specifically, a close look at Taiwan’s nexus of investment treaty is eye-opening; Taiwan concluded twenty-nine BITs and six ample economic cooperation agreements with related investment provisions. The number and the importance of these agreements reveal that the concept of international recognition does not directly influence the behaviour of states which are willing to interact legally and economically. In this regard, non-diplomatic relations might be used as a step forward, as Taiwan is closer to conclude an agreement with another post-sovereign entity, the European Union. This global actor may open up the scene for a multi-tier dynamic where some of its component member states are in principle against any liaison with Taiwan, but will be bound to it because of their membership to the EU. To solve such legal contradiction, the established instruments of international law cannot be applied, and a new theoretical framework shall be developed. To this end, the starting point must be to discuss sovereignty thoroughly. The chapter assesses the polity’s effort for the development of diplomatic structures by means of investment agreements, in this way avoiding the problems related to recognition. This kind of agreement can be considered as a litmus test, showing Taiwan’s capacity to shift traditional categories of Westphalian international law and emerge as a self-standing actor.

scholarly journals The European Union and the Law of Treaties: A Fruitful Relationship

2019 ◽  
Vol 30 (3) ◽  
pp. 721-751
Author(s):  
Paz Andrés Sáenz De Santa María
Keyword(s):  
European Union ◽  
International Law ◽  
International Organizations ◽  
The European Union ◽  
Provisional Application ◽  
Frequent Use ◽  
Starting Point ◽  
Legal Nature ◽  
Treaty Law ◽  
Treaty Interpretation

Abstract This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.

Women and Genocide in Africa

2020 ◽  
Author(s):  
Erin Jessee
Keyword(s):  
Gender Identity ◽  
Sexual Violence ◽  
International Law ◽  
Economic Status ◽  
Women’S Experiences ◽  
Resistance Movements ◽  
Socio Economic Status ◽  
Women's Experiences ◽  
The Social ◽  
Written Sources

Genocide, defined in international law as killings and related mass atrocities that are committed “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group,” has negatively impacted countless communities across Africa over the centuries. The resulting historical literature is strongest regarding those genocides that occurred in the 20th and 21st centuries due to a tendency to privilege written sources. Within this literature, African women’s experiences remain understudied compared to the experiences of men, despite widespread recognition that genocides often affect people differently according to their gender identity. However, in looking at the widely studied examples of colonial genocides in Belgian-occupied Congo (1885–1908) and German-occupied Namibia (1904–1908), and the subsequent genocides in Burundi (1972), Rwanda (1994), and Sudan (2003–2008), it becomes evident that perpetrators have targeted women in particular ways as part of their broader efforts to exterminate unwanted communities. While women are frequently killed alongside men during genocides, the literature on these case studies abounds with examples of sexual violence, particularly rape, that the perpetrators inflict upon women as part of their efforts to undermine the social vitality of their intended victims’ communities. Women’s experiences of genocide are often far more diverse than the literature’s singular focus on sexual violence suggests, however. The case of Rwanda demonstrates that women can also serve as combatants and perpetrators, while the case of Belgian-occupied Congo reveals that women can lead resistance movements in opposition to genocidal violence. Similarly, German-occupied Namibia and Rwanda demonstrate that women can serve important roles in rebuilding their communities and advocating for recognition and reparations in the post-genocide period. Scholars are beginning to pay greater attention to women’s diverse experiences of genocide, but there is a great deal of research to be undertaken, particularly regarding how different facets of women’s identities, such as class, ethnicity, and socio-economic status, among others, shape their experiences of genocide.

scholarly journals Does International Law Really Require the Criminalization of Marital Rape?

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 332-336 ◽  
Author(s):  
Barbara Stark
Keyword(s):  
New York ◽  
Human Rights ◽  
Sexual Violence ◽  
International Law ◽  
Legal Analysis ◽  
Marital Rape ◽  
Bodily Integrity ◽  
Court Of Appeals ◽  
Legal Position ◽  
Domestic Law

Nothing can be said in favor of intimate sexual violence, including marital rape, as Randall and Venkatesh, the authors of Intimate Sexual Violence, Human Rights Obligations and the State, make plain. As the New York Court of Appeals held in 1984: Rape is not simply a sexual act to which one party does not consent. Rather, it is a degrading, violent act which violates the bodily integrity of the victim and frequently causes severe, long-lasting physical and psychic harm. To ever imply consent to such an act is irrational and absurd. . . . A married woman has the same right to control her body as does an unmarried woman.There is something to be said, however, in favor of clearly setting out a legal position before condemning it, in favor of a conservative approach to the wholesale expansion of human rights, and in favor of enabling women, even women in states that do not criminalize marital rape, to set their own priorities. The authors draw on international law to make a passionate case against marital rape, and against domestic laws that fail to recognize it as a crime. Their argument would be more persuasive if their demand for what domestic law must criminalize were clearer, if their international legal analysis were more rigorous and more focused, and if they justified the top-down approach they recommend here, which seems particularly problematic in this context.

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