Fragmentation

2019 ◽  
pp. 71-102
Author(s):  
Gina Heathcote
Keyword(s):  
Structural Change ◽  
International Law ◽  
Law Reform ◽  
Global Order ◽  
Feminist Politics ◽  
And Gender ◽  
Gender Theories ◽  
Governance Feminism

Chapter 3 examines fragmentation and provides an analysis of the fragmentation of gender law reform: practically, within institutional apparatus, and substantively, through the segregation of diverse currents within feminist and gender theories from the developments that have materialised within international law. This is a departure from the existing feminist critiques of ‘governance feminism’, focusing instead on understanding of the structural limitations of international law as vital to any critique of feminist ‘successes’. Thus, chapter 3 demonstrates the need to appreciate the role fragmentation within international law and the global order plays in constraining the potential for inclusion of diverse feminist approaches in a system which mitigates against the very possibility of structural change at the level required. The chapter concludes by emphasising a diversity of feminist approaches as necessary for feminist dialogues and as leverage for a transformative feminist politics and ethics within international law.

Racing populations, sexing environments: the challenges of a feminist politics in international law

Legal Studies ◽  
2000 ◽  
Vol 20 (4) ◽  
pp. 463-484 ◽  
Author(s):  
Doris Buss
Keyword(s):  
Economic Growth ◽  
International Law ◽  
Population Policy ◽  
Race And Gender ◽  
International Inequality ◽  
Feminist Politics ◽  
Law And Policy ◽  
International Projects ◽  
Final Agreement ◽  
And Gender

In 1994, feminist activists made headlines at the United Nations Cairo Conference on Population and Development for their highly organised and influential lobbying. The final agreement negotiated at Cairo reflected this involvement by specifically referring to women's reproductive rights, and by recognising the complex relationship between population policy, environmental security and economic growth. International population policy, defined broadly as the array of international projects and actors involved in efforts to curb population growth, is an increasingly important arena for the contestation of social values and the meaning of global community. In this paper, I offer a re-reading of the 1994 Cairo agreement, and population policy more generally, in the context of colonial discourses around race and gender, which articulate with constructions of the population ‘problem’. Focusing on the language of environment and economic growth, I examine how racialised conceptions of ‘dangerous’ fertility are reinforced rather than challenged by the Cairo agreement. Through this analysis, I attempt to first, make explicit the international inequality that structures international law and policy, and secondly, outline some of the challenges facing feminist engagement with international law.

The Role of Geo-location Technologies

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Current Effect ◽  
Public International Law ◽  
The Road ◽  
On The Road

This chapter explores the role geo-location technologies may play on the road towards achieving jurisdictional interoperability. The relevant technologies involved are introduced briefly, their accuracy examined, and an overview is provided of their use, including the increasingly common use of so-called geo-blocking. Attention is then given to perceived and real concerns stemming from the use of geo-location technologies and how these technologies impact international law, territoriality, and sovereignty, as well as to the role these technologies may play in law reform. The point is made that the current ‘effect-focused’ rules in both private international law and public international law (as those disciplines are traditionally defined), are likely to continue to work as an incentive for the use of geo-location technologies.

Understanding the Functions of Jurisdictional Law

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Philosophy ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Public International Law ◽  
Important Concept ◽  
Definition Of

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.

Juvenile Justice

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
Juvenile Justice ◽  
United Nations ◽  
International Law ◽  
Law Reform ◽  
Child Victims ◽  
Present Stage ◽  
Alternative Care ◽  
Need Of Care ◽  
History Of

This chapter deals with those children in especially difficult circumstances that are vulnerable, marginalized, destitute, and neglected and deprived of their basic rights. It commences with a history of the Juvenile Justice legislation in India right from the Children’s Act of 1960s to the current Juvenile Justice (Care and Protection of Children) Act, 2015. The barriers faced in the administration and implementation of the Juvenile Justice legislation throughout its evolution to its present stage is discussed in detail. How the law deals with children in need of care and protection and children in conflict with law are discussed in this chapter. Landmark judgements by courts and suggestions for further law reform are included. This chapter also contains international law relating to administration of juvenile justice, and United Nations guidelines in matters in matters involving child victims and witnesses of crime including UN Guidelines on Alternative Care of Children. Some civil society interventions are also included.

Feminist Dialogues on International Law

2019 ◽  
Author(s):  
Gina Heathcote
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Institutions ◽  
Law Reform ◽  
Black British ◽  
The Uk ◽  
The Impact

Reflecting on recent gender law reform within international law, this book examines the nature of feminist interventions to consider what the next phase of feminist approaches to international law might include. To undertake analysis of existing gender law reform and future gender law reform, the book engages critical legal inquiries on international law on the foundations of international law. At the same time, the text looks beyond mainstream feminist accounts to consider the contributions, and tensions, across a broader range of feminist methodologies than has been adapted and incorporated into gender law reform including transnational and postcolonial feminisms. The text therefore develops dialogues across feminist approaches, beyond dominant Western liberal, radical, and cultural feminisms, to analyse the rise of expertise and the impact of fragmentation on global governance, to study sovereignty and international institutions, and to reflect on the construction of authority within international law. The book concludes that through feminist dialogues that incorporate intersectionality, and thus feminist dialogues with queer, crip, and race theories, that reflect on the politics of listening and which are actively attentive to the conditions of privilege from which dominant feminist approaches are articulated, opportunity for feminist dialogues to shape feminist futures on international law emerge. The book begins this process through analysis of the conditions in which the author speaks and the role histories of colonialism play out to define her own privilege, thus requiring attention to indigenous feminisms and, in the UK, the important interventions of Black British feminisms.

scholarly journals Will Universal Jurisdiction Advance Accountability for Sexualized and Gender-based Crimes? A View from Within on Progress and Challenges in Germany

2021 ◽  
Vol 22 (5) ◽  
pp. 894-913
Author(s):  
Silke Studzinsky ◽  
Alexandra Lily Kather
Keyword(s):  
International Law ◽  
Critical Evaluation ◽  
Federal Court ◽  
Universal Jurisdiction ◽  
Professional Experiences ◽  
Sexualized Violence ◽  
Gender Based ◽  
And Gender ◽  
Trial Monitoring ◽  
Federal Prosecutor

AbstractThis Article is based on the professional experiences of the authors working as lawyers and activists towards accountability for sexualized and gender-based crimes under international law. It provides a critical evaluation of universal jurisdiction cases in Germany addressing conflict-related sexualized violence. In particular, the article looks deeper into the Office of the German Federal Prosecutor General of the Federal Court of Justice’s (GBA) approach to gender while taking note of the barriers in the way of investigating and adjudicating crimes under international law. Both authors have been following universal jurisdiction developments in Germany closely, particularly in relation to the investigation and prosecution of sexual and gender-based crimes. With regard to the proceedings against two high-rank representatives of the armed rebel group Forces Démocratiques de liberation du Rwanda (FDLR), the findings in this article are informed by trial monitoring reports organized and conducted by a group of organisations and institutions, namely Medica Mondiale, the European Center for Constitutional and Human Rights (ECCHR), and the Hamburger Institut für Sozialforschung. In light of the fact that German trial records are absent of publicly accessible records of what was said in the court room, the consortium of groups co-monitored the FLDR trial.

History, Politics, Law

2021 ◽  
Keyword(s):  
Cross Section ◽  
Political Thought ◽  
International Institutions ◽  
The Political ◽  
Global Order ◽  
The World ◽  
History Of ◽  
And Gender ◽  
The Many

Historians of political thought and international lawyers have both expanded their interest in the formation of the present global order. History, Politics, Law is the first express encounter between the two disciplines, juxtaposing their perspectives on questions of method and substance. The essays throw light on their approaches to the role of politics and the political in the history of the world beyond the single polity. They discuss the contrast between practice and theory as well as the role of conceptual and contextual analyses in both fields. Specific themes raised for both disciplines include statehood, empires and the role of international institutions, as well as the roles of economics, innovation and gender. The result is a vibrant cross-section of contrasts and parallels between the methods and practices of the two disciplines, demonstrating the many ways in which both can learn from each other.

scholarly journals On gender, subjectivities and experiences: Facing the past and feminist politics of solidarity

2011 ◽  
Vol 22 (1) ◽  
pp. 219-243
Author(s):  
Deana Jovanovic
Keyword(s):  
Moral Responsibility ◽  
Main Question ◽  
Research Results ◽  
The Past ◽  
Feminist Politics ◽  
Potential Possibility ◽  
And Gender ◽  
Gender Categories

The main question the article discusses is how and why feminism can reflect upon multiple differences in Serbia through the idea of solidarity in the discourse of facing the past. The article pays attention to the connection between feminist practices and theories, solidarity, and the idea about moral responsibility. The article opens discussion about (feminist) solidarity seen as a strategic notion and points out to the politics of exclusion/inclusion of multiple Others. Attention is devoted to gender categories and construction of differences, as well as to the potential possibility and the importance of reflecting upon solidarity with gender diversities. The latter are briefly depicted through research results of analysis of women?s memory narratives - nurses and antiwar activists - whose subjectivities, experiences and gender positions, in their interaction, influenced construction of their narratives, differences, but also their relationship with the past.

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