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Vol 21 No 11 Nov/Dec 2016

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The Public Law of Gender: From the Local to the Global

Edited by: Kim Rubenstein, Katharine G. Young

ISBN13: 9781107138575
Published: April 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £99.99



With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness.

In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame.

Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories.

These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.

Subjects:
Constitutional and Administrative Law, Public International Law
Contents:
Introduction: a public law of gender? Katharine G. Young
Part I. Constitutional Design and Gendered Outcomes:
1. Feminisms and constitutions Vicki Jackson
2. Deference and deferral: constitutional structure and the durability of gender-based nationality laws Kristin A. Collins
3. The court and the women: structural litigation and grassroots organizing for internally displaced people's rights in Colombia Julieta Lemaitre and Kristin Bergtora Sandvik

Part II. Constitutional Design in a Global Setting: The Challenge of Local Custom:
4. Customary law, constitutional law and women's equality Susan H. Williams
5. Customising equality in post-conflict constitutions Laura Grenfell
6. Gender equality in international law and constitutions: mediating universal norms and local differences Vijaya Nagarajan and Archana Parashar
7. Law as a placeholder for change? Women's rights and realities in Afghanistan Sari Kouvo and Corey Levine

Part III. Localising Participation and Voice through Law:
8. Polygamy: who speaks for women? Beverley Baines
9. In her own voice: oral (legal) history's insights on gender and the spheres of public law Kim Rubenstein
Part IV. Governance, Government, and Gendered Measures:
10. Good governance, gender equality and political representation: ideas as points of disjuncture Sharon Bessell
11. Women in government/governance in New Zealand: a case study of engagement over forty years Margaret Wilson
12. Equality without freedom? Political representation and participation of women in Vietnam Huong Nguyen
13. Gender, justice and statistics: the case of poverty measurement Scott Wisor
Part V. Governance, Equality and Non-Discrimination:
14. Gender and race in the constitution of groups: the limits of non-discrimination law in settler societies Kirsty Gover
15. Rethinking the Australian model of promoting gender equality Dominique Allen
16. Gender, governance and defence of the realm: globalising reforms in the Australian Defence Force Susan Harris Rimmer

Part VI. Global Governance and the Precepts of Public Law:
17. Feminisms, pluralisms and transnationalism: on CEDAW and national constitutions Vicki Jackson
18. Governing gender justice and victims' rights through the International Criminal Court Louise Chappell
19. International organisations as employers: searching for practices of fair treatment and due process rights of staff Osmat Jefferson and Innokenti Epichev
20. Transcending gender inequity in an age of impunity: a gender critique of accountability in global administrative governance Rohan Kapur and Kellin Kristofferson
21. The future we want: an ecofeminist comment on the UN Conference on Sustainable Development Kate Wilkinson.