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Full-Text Articles in Law

Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum Nov 2009

Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum

International & Comparative Law Colloquium Papers

Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issue&#;gender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality ...


New Modes And Orders: Is A Jus Post Bellum Of Constitutional Transformation Possible Or Desirable?, Nahal Bhuta Jan 2009

New Modes And Orders: Is A Jus Post Bellum Of Constitutional Transformation Possible Or Desirable?, Nahal Bhuta

International & Comparative Law Colloquium Papers

No abstract provided.


Positivism, New Haven Jurisprudence, And The Fragmentation Of International Law, Tai-Heng Cheng Jan 2009

Positivism, New Haven Jurisprudence, And The Fragmentation Of International Law, Tai-Heng Cheng

International & Comparative Law Colloquium Papers

This Article addresses the fragmentation of international law and international legal theory. This problem has become increasingly acute. As international interactions have increased exponentially among a broad range of domestic and international actors, the need to coordinate and regulate international actions has correspondingly intensified. Because actors cannot seem to agree on what international law is, consensus on applicable international laws and legal behavior often remains elusive. Using positivism and policy-oriented jurisprudence – two major theories of international law – as foci of inquiry, this Article demonstrates that the gulf between the two international legal theories are not really meaningful conceptual disagreements. Instead ...