Reconceiving Reality

This special study evolved from a WILIG program held in April 1993, at the Society's 87th Annual Meeting.

This is the first book to provide a comprehensive investigation of reproductive freedom in the light of contemporary international law. The author discusses reproductive freedom in the context of feminist legal theory, international human rights and humanitarian law. This holistic approach makes the book unique and enhances its value as a comprehensive resource on the most challenging and contentious issues of our time, i.e., legal abortion, medically assisted reproduction, surrogate motherhood, forced pregnancy during armed conflicts, and many others. The author's aim is to advance current debates about gender equality and reproductive rights, and to deepen the analysis of the legal concepts involved. In surveying the international commitment to women's rights and examining critically the way in which international global and regional human rights bodies and ad hoc international tribunals deal with issues pertaining to reproductive freedom and sexual violence, this volume makes clear to what extent contemporary international law norms may be used as a tool for change, and how they need to be adapted to meet the special needs of girls and women worldwide. Finally, the book explores what improvements are necessary to prevent and protect adolescents, women and men, against violation of their reproductive freedom.

This volume brings together a collection of classic and contemporary texts which engage with the core problem of sovereignty from the perspective of various legal and law-related sub-disciplines: legal history and theory, constitutional law, international law and relations and EU law. Many of the highlights from the intense debates about the continuing relevance or otherwise of the internal sovereignty of national legal orders and the external sovereignty of states in a rapidly- globalizing world are reproduced here.c

Whilst immigration policy is a highly controversial topic in the West, states continue to receive people who settle, whether as asylum-seekers or refugees, or as family members of existing migrants or labour migrants. Many who move violate the immigration rules either in entering a country or staying beyond the time allowed. The problems illegality entails for migrants shape much of the law and society scholarship in this area and this volume brings together the key articles which shape current thinking. The main topics covered include illegality, mercy and the language of deservingness; transnationality; family and identity; refugees and asylum-seekers.

Since the mid-1990s, increasing international attention has been paid to the issue of violence against women. However, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law.

For in-depth coverage of gender issues in human rights law, from theory and cultural practices to legal instruments and the case law of international tribunals, this major three-volume work is without peer. More than 100 leading authorities in the field offer trenchant analyses of problems and solutions, crimes and abuses, available recourses, areas of empowerment -- the entire spectrum of women's rights, discussed at a level of detail and legal awareness unavailable in any other single source. Published under the Transnational Publishers imprint. The print edition is available as a set of three volumes (9781571050946).

Today's world is post-colonial and post-Cold War. These twin characteristics explain why international society is also riddled with the two major forms of injustice which Nancy Fraser identified as afflicting national societies. First, the economic and social disparities between states caused outcry in the 1950s when the first steps were taken towards decolonisation. These inequalities, to which a number of emerging states now contribute, are still glaring and still pose the problem of the gap between formal equality and true equality. Second, international society is increasingly confronted with culture- and identity-related claims, stretching the dividing line between equality and difference. The less-favoured states, those that feel stigmatised, but also native peoples, ethnic groups, minorities and women now aspire to both legal recognition of their equal dignity and the protection of their identities and cultures. Some even seek reparation for injustices arising from the past violation of their identities and the confiscation of their property or land. In answer to these two forms of claim, the subjects of international society have come up with two types of remedy encapsulated in legal rules: the law of development and the law of recognition. These two sets of rights are neither wholly autonomous and individualised branches of law nor formalised sets of rules. They are imperfect and have their dark side. Yet they can be seen as the first milestones towards what might become a fairer international society; one that is both equitable (as an answer to socio-economic injustice) and decent (as an answer to cultural injustice). This book explores this evolution in international society, setting it in historical perspective and examining its presuppositions and implications.

Inequality is becoming an urgent issue of world politics at the end of the twentieth century. Globalization is not only exacerbating the gap between rich and poor in the world but is also further dividing those states and peoples that have political power and influence from those without. While the powerful shape more `global' rules and norms about investment, military security, environmental and social policy and the like, the less powerful are becoming `rule-takers', often of rules or norms they cannot or will not enforce. The consequences for world politics are profound. The evidence presented in Inequality, Globalization, and World Politics suggests that globalization is creating sharper, more urgent problems for states and international institutions to deal with. Yet at the same time, investigations into eight core areas of world politics suggest that growing inequality is reducing the capacity of governments and existing international organizations to manage these problems effectively. The eight areas surveyed include: international order, international law, welfare and social policy, global justice, regionalism and multilateralism, environmental protection, gender equality, military power, and security.