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Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir
Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir
Isaac Kfir
The contemporary international refugee system was product of a desire to provide protection and assistance to those who have a well-founded fear of persecution, a somewhat sophistic term in the twenty-first century, which may explain why the system has become cumbersome, incoherent and divisive. One explanation for the tension within the refugee regime is that states—mainly western states—seek to reduce refugee applications while adhering and upholding their international obligations. Another explanation is that it is tensions between two legal traditions—natural law and legal positivism—that are shape the international refugee law that have led to the crisis, preventing a clear legal …
Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir
Isaac Kfir
Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture. Additionally, they also argue that women’s issues exist within the private realm. Accordingly, they assert that such reforms are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. Using the notion of …
A Regime In Need Of A Balance: The Un Counter-Terrorism Regime Between Security And Human Rights, Isaac Kfir
A Regime In Need Of A Balance: The Un Counter-Terrorism Regime Between Security And Human Rights, Isaac Kfir
Isaac Kfir
Since 9/11, the UN’s counter-terrorism regime has developed two distinct approaches on combating international terrorism. The Security Council follows a traditional security doctrine that focuses on how to best protect states from the threat posed by international terrorists. This is largely due to the centrality of the state in Security Council thinking and attitudes. The General Assembly and the various UN human rights organs, influenced by the human security doctrine, have taken a more holistic, human rights-based approach to the threat of international terrorism. This paper offers a review of how the dichotomy above affects the application of UN policy …
Security, Gender And Post-Conflict Reconstruction: The Need For A “Woman Question” When Engaging In Reconstruction, Isaac Kfir
Isaac Kfir
In the field of post-conflict reconstruction, gender-related issues are mostly analyzed through a legal or a development paradigm. These conditions, coupled with a general disinclination by the international community—the industrialized, western countries—to challenge cultural norms, whether real or imagined, allows for a security-first and/or a security-development nexus to take precedence regarding post-conflict reconstruction. This paper advances the argument that by viewing gender issues as existential to the security of a state transitioning out of conflict, as opposed to viewing gender as a development or a legal issue, makes it possible to engage in real reconstruction, which means addressing the gender …