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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 ...


Book Review: The Iraq War And International Law, Maxwell O. Chibundu Jul 2009

Book Review: The Iraq War And International Law, Maxwell O. Chibundu

Faculty Scholarship

A review of The Iraq War and International Law edited by Phil Shiner and Andrew Williams. Oxford, Hart Publishing, 2008.


International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin Jan 2009

International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin

Faculty Scholarship

This chapter examines the project of transformative occupation undertaken by the United States and its allies following the invasion of Iraq in 2003. More specifically, it considers the Iraqi occupation in light of two competing sensibilities in international legal argument. On one view, which I term “legal formalism”, the purpose of international law is eclectic, intersubjective and value-pluralist: to create the conditions for peaceful coexistence between different political orders and ways of life. This view is commonly associated with the liberalism of the United Nations Charter which posits both the subject of international law and its liberty in formal terms ...


Indigenous Peoples And The Law - Ancient Customs: Modern Dilemmas, David S. Bogen Jan 2009

Indigenous Peoples And The Law - Ancient Customs: Modern Dilemmas, David S. Bogen

Faculty Scholarship

Indigenous people have a variety of complex relationships to law in nations such as Australia, Canada, New Zealand and the United States where non-indigenous people constitute the majority of the population. Customary law has been recognised in each of these nations as a source of domestic law, but this recognition has created various tensions. For instance, Native Title looks to customary law for its definition, but non-indigenous society demands that Native Title be managed by modern Indigenous institutions created under non-indigenous law. Issues of federalism and international law influence the interaction of Indigenous and non-indigenous law against a background of ...