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Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo

Muna B Ndulo

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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 …

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International Law And American Foreign Policy: Revisiting The Law Versus Policy Debate, Hengameh Saberi

Hengameh Saberi

When addressing controversial foreign policy questions, international law scholars in the U.S. persistently frame the debate as a conflict between law and policy. From Vietnam to Afghanistan and beyond, this opposition has dominated and defined the way U.S. legal scholars have used international law to engage with significant foreign affairs at least since the Second World War. In this paper, I argue that the law-versus-policy opposition often leads the debates to a deadlock, constraining and neutralizing the best potential of international law to be both a problem-solving and political tool to respond to novel challenges of international relations. Once the …