What impact has the accommodation of third party claims and interests had on the traditional bilateral framework for the regulation of international affairs? This volume examines this subject with a detailed analysis of the position of both individual actors within the international arena and the broader international community in three areas of international law--treaties, international procedure of adjudication and arbitration, and the illegal use of force--in order to determine the general position of third parties in international law. Using this perspective, the work discusses current processes for making and the application of international law.

Third Parties in International Law (Oxford Monographs in International Law)

Chinkin, Christine

Oxford University Press

The Making of International Law (Foundations of Public International Law)

This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organizations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behavior. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralized nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.

Boyle, Alan

Foreign & International Law

This volume is the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. The Commentary describes the application of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol. It also includes a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations and case law under the Optional Protocol, through which the Committee has interpreted and applied the Convention. Each chapter is self-contained but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights.

The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary (Oxford Commentaries on International Law)

Freeman, Marsha A.

Rudolf, Beate

The Boundaries of International Law: A Feminist Analysis

Charlesworth, Hilary

Philosophy

Manchester University Press Melland Schill Studies

International Law and New Wars

International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

Kaldor, Mary

History

Cambridge University Press

In 2000, the UN Security Council adopted the ground-breaking Resolution 1325 on Women, Peace and Security (WPS) placing women at the centre of the agenda, thanks to years of campaigning. The Resolution recognises the differential impact of armed conflict on women and men, draws attention to the 'inextricable links between gender equality and international peace and security' and stresses the 'important role of women in the prevention and resolution of conflicts and in peace-building'. But what exactly is the WPS agenda and what is its content? What are its implications for peace and for security? And what does it mean for international lawyers? Through the narratives of women's activism and of international law this book seeks to make the WPS agenda better known to international lawyers and to ask whether it is, or could become, an international legal regime that conforms and responds to the realities of women's lives.

Women, Peace and Security and International Law (Hersch Lauterpacht Memorial Lectures)

International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

The boundaries of international law: A feminist analysis, with a new introduction (Melland Schill Classics in International Law)

Manchester University Press

Product Description In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it.The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike. From the Back Cover In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it.The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike. About the Author Hilary Charlesworth is Professor and Director of the Centre of International and Public Law at the Australian National University, CanberraChristine Chinkin is Professor of International Law at the London School of Economics and Political Science

The authors’ aim is to deconstruct international law, to investigate the ways in which international law has brushed aside the injustices of women's situations around the world, and to 'redraw the boundaries' of international law so that it responds to these injustices.  In mounting their assault, the authors have drawn upon their depth of knowledge of international law and of feminist legal theory and their commitment to equity and justice. By exposing the elements of international law to the clear light of feminist analysis, the authors show that it suffers from defects parallel to those of domestic legal systems. Although in classical theory the subjects of international law (and those most vitally concerned in its content) are states, rather than individuals, international law, as any system of law, is the creation of human beings and its ultimate impact is on individual behavior. Whatever theory is preferred, whether international law is seen as a manifestation of the universal values of natural law or as derived from state practice, whether it is considered as a neutral set of rules impartially applied or as a process of decision-making, international law is influenced by choices between competing values and by policy considerations. Like all legal systems it is based on values and assumptions about how people should live together in society and how organized communities should relate to each other.  A recurrent theme in this study is that of the absence of women from the processes of international law, starting with the organs of the state, and extending to the make up of international organizations, international courts and tribunals. It is within the power of states to change this; they have international obligations to promote equality of participation. But state action has not gone much further than their many exhortations to each other to take action on this issue. As a consequence, at least until the arrival of scholars like the present authors, women have been denied the opportunity to contribute to the shaping of international law, its goals and its priorities,  The strength of this work is that the authors have used their knowledge of international law to throw new light on its underlying theories and to stimulate new ways of thinking about its traditional concepts. This feminist analysis of international law is an important contribution to the process of change and to the redressing of past wrongs. If it provokes debate and even dissension, its purpose will be well served.

Juris Publishing, Inc.

See the best price to sell, buy, or rent books by Chinkin, Christine. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Chinkin, Christine

See the best price to sell, buy, or rent books by Chinkin, Christine. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Third Parties in International Law (Oxford Monographs in International Law)

The Making of International Law (Foundations of Public International Law)

The UN Convention on the Elimination of All Forms of Discrimination Against Women: A Commentary (Oxford Commentaries on International Law)

The Boundaries of International Law: A Feminist Analysis

International Law and New Wars

Women, Peace and Security and International Law (Hersch Lauterpacht Memorial Lectures)

International Law and New Wars

The boundaries of international law: A feminist analysis, with a new introduction (Melland Schill Classics in International Law)

The boundaries of international law: A feminist analysis, with a new introduction (Melland Schill Classics in International Law)

The Boundaries of International Law: A Feminist Analysis