Feminist Judgments in International Law

Feminist rewriting of key judgments has been a recent development in legal methodology, exploring how key judgments in international law might have differed if feminist judges had sat on the bench. This important new volume makes a significant contribution to the endeavour, asking whether feminist perspectives can offer meaningful and viable alternatives to international law norms and whether that application results in distinguishable differences in outcomes.

Format: Paperback / softback
Length: 536 pages
Publication date: 22 April 2021
Publisher: Bloomsbury Publishing PLC

The emergence of feminist rewriting of key judgments has been a fascinating and groundbreaking development in legal methodology. This unique endeavor has brought together scholars from diverse fields to reassess jurisprudence in light of feminist perspectives. This significant new volume makes a substantial contribution to this ongoing effort, delving into the question of how key international legal judgments might have differed if feminist judges had been seated on the bench.

The collection explores whether feminist perspectives can offer meaningful and viable alternatives to existing international law norms, and if so, whether these alternatives result in distinct differences in outcomes. It addresses these critical questions with a particular focus on various sources of international law, the divide between public and private spheres, State responsibility, State immunities, treaty law, State sovereignty, human rights protection, global governance, and the concept of violence in international law.

This landmark publication offers a truly innovative reassessment of international law. It has been recognized with the 2020 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship, a testament to its scholarly significance and impact.

Through feminist rewriting of key judgments, legal scholars have sought to challenge and transform the traditional understanding of international law. By incorporating feminist insights and values, they have aimed to create a more inclusive and equitable legal framework that recognizes the rights and dignity of all individuals, regardless of gender, race, or social status.

One of the key contributions of feminist rewriting is its focus on the experiences and perspectives of marginalized groups. Feminist scholars have highlighted the ways in which international law has often perpetuated and reinforced gender inequality, discrimination, and violence against women and other marginalized communities. By reexamining these judgments through a feminist lens, they have sought to identify alternative approaches that prioritize the protection and promotion of human rights and the well-being of all individuals.

Another important aspect of feminist rewriting is its emphasis on the role of power and institutions in shaping international law. Feminist scholars have argued that traditional legal frameworks are often dominated by male-dominated institutions and perspectives, which perpetuate gender inequality and marginalize the voices of women and other marginalized groups. By challenging these power structures and promoting a more democratic and inclusive approach to legal decision-making, feminist rewriting has sought to create a more equitable and just international legal system.

Feminist rewriting has also challenged the traditional understanding of State sovereignty and its implications for international law. Traditional legal frameworks often prioritize the interests of States over the interests of individuals and communities. By incorporating feminist perspectives, scholars have sought to create a more nuanced understanding of State responsibility and the obligations that States have to protect and promote human rights.

In conclusion, the emergence of feminist rewriting of key judgments has been a transformative and groundbreaking development in legal methodology. By collaborating across disciplines and challenging traditional legal frameworks, feminist scholars have sought to create a more inclusive, equitable, and just international legal system. This volume makes a significant contribution to this ongoing effort, offering valuable insights and perspectives on the potential of feminist perspectives to shape international law. As we continue to navigate the complex and evolving landscape of global governance, it is essential to continue to engage with feminist rewriting and other innovative approaches to legal scholarship.

Weight: 888g
Dimension: 169 x 244 x 32 (mm)
ISBN-13: 9781509946716