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The Boundaries of International Law

Hilary CharlesworthJohn Bray Professor of Law, University of Adelaide, Australia, Christine ChinkinProfessor of Law, London School of Economics and Political Science

ISBN13: 9780719037382

ISBN: 0719037387

Published: August 2000

Publisher: Manchester University Press

Format: Hardback

Price: Out of print

This is an analysis of the international legal order from the feminist perspective. It argues that the institutions, methodologies and substantive principles of international law are gendered in that they are based on the realities of male lives. The book draws on a range of feminist theories to discuss the theories, sources and institutions of international law, the role of the state in international law, human rights law and the law relating to the use of force and the peaceful settlement of disputes. It concludes by assessing the potential for international law to further the advancement of women.

Contents:: Part 1 Women and the international legal system: introduction; gender and sex; the global position of women; international legal responses to the position of women; the approach of the book.; Part 2 Feminist theories and international law: introduction; theories of international law; feminist theories of law; using feminist theories in international law; essentialism; exploring public/private distinctions in international law; conclusion.; Part 3 Modes of international law-making: introduction; sources of international law; debates on the sources of international law; women's participation in international law making; broadening the sources of law; conclusion.; Part 4 The law of treaties: introduction; the process of treaty-making; reservations; implementation of treaties into domestic law; ""jus cogens""; treaty termination; conclusion.; Part 5 The idea of the state: introduction; the concept of statehood in international law; recognition and statehood; state jurisdiction; immunity from jurisdiction; state responsibility; self-determination in international law; recasting the state.; Part 6 International institutions: introduction; international intergovernmental institutions; women in the United Nations; women's participation and representation in decision and policy-making; gender mainstreaming; conclusion.; Part 7 Human rights: introduction; the evolution of human rights law; feminist critiques of rights; women's rights in international law; inadequacies of human rights law for women; women and human rights law; conclusion.; Part 8 The use of force in international law: introduction; the impact of armed conflict on women; women and the use of force; the use of force under international law; conclusion.; Part 9 Peaceful settlement of disputes: introduction; identification of an international dispute; dispute resolution under the UN Charter; the concept of collective security; peacemaking; peace-keeping; preventive diplomacy and peace-building; economic sanctions; conclusions.; Part 10 Redrawing the boundaries of international law: introduction; women in international criminal law; has international criminal law been transformed?; conclusion.