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Full-Text Articles in Law
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
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 if its scope remains limited …
Positivism, New Haven Jurisprudence, And The Fragmentation Of International Law, Tai-Heng Cheng
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 …
New Modes And Orders: Is A Jus Post Bellum Of Constitutional Transformation Possible Or Desirable?, Nahal Bhuta
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.