The Boundaries of International Law: A Feminist Analysis
Hilary Charlesworth and Christine Chinkin
Price: $90.00 400 pages.
1 Hardcover Volume ISBN:978-1-929446-07-0
Price: $60.00 414 pages. 1 Softcover Volume ISBN: 978-1-929446-28-5.
Both Include Table of Cases. Table of Treaties. Index. Published August 2000.
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| The Boundaries of International Law: Hardcover $90.00 | |
| The Boundaries of International Law: Softcover $60.00 |
Winner of the 2001 American Society of International Law
Certificate of Merit
(Best New Publication on International Law)
About the Book:
The authors’ aim is to deconstruct international law, to investigate the ways in which international law has brushed aside the injustices of women's situations around the world, and to 'redraw the boundaries' of international law so that it responds to these injustices. In mounting their assault, the authors have drawn upon their depth of knowledge of international law and of feminist legal theory and their commitment to equity and justice. By exposing the elements of international law to the clear light of feminist analysis, the authors show that it suffers from defects parallel to those of domestic legal systems. Although in classical theory the subjects of international law (and those most vitally concerned in its content) are states, rather than individuals, international law, as any system of law, is the creation of human beings and its ultimate impact is on individual behavior. Whatever theory is preferred, whether international law is seen as a manifestation of the universal values of natural law or as derived from state practice, whether it is considered as a neutral set of rules impartially applied or as a process of decision-making, international law is influenced by choices between competing values and by policy considerations. Like all legal systems it is based on values and assumptions about how people should live together in society and how organized communities should relate to each other. A recurrent theme in this study is that of the absence of women from the processes of international law, starting with the organs of the state, and extending to the make up of international organizations, international courts and tribunals. It is within the power of states to change this; they have international obligations to promote equality of participation. But state action has not gone much further than their many exhortations to each other to take action on this issue. As a consequence, at least until the arrival of scholars like the present authors, women have been denied the opportunity to contribute to the shaping of international law, its goals and its priorities, The strength of this work is that the authors have used their knowledge of international law to throw new light on its underlying theories and to stimulate new ways of thinking about its traditional concepts. This feminist analysis of international law is an important contribution to the process of change and to the redressing of past wrongs. If it provokes debate and even dissension, its purpose will be well served.
Praise for The Boundaries of International Law: A Feminist Analysis
"The Boundaries of International Law, a long-overdue synthesis of a vast amount of scholarship,
remains necessary-for both practical and academic reasons. ... The Boundaries of International Law
is a formidable demonstration of our field's inequities with respect to half of the world's population."
— American Journal of International Law"This volume deserves thoughtful discussion among international legal scholars and should promote
feminist questioning of international law's most central concepts. The authors have provided
more than enough provocative criticism of contemporary international legal scholarship to generate
this very questioning. It should also serve as a roadmap to future feminist scholarship in
international law."
— Journal of International Studies"This book should be required reading in all international law courses. Its presents a cogent
overview of the development of international law and offers sophisticated critique of the law from
a feminist viewpoint. Throughout the book the author's dedication to scholarship is clearly evident.
The book is both insightful and accessible. While avoiding the generalities that have become too
prevalent in some recent texts on international law, it remains highly readable. For those wishing to
teach or to familiarise themselves with modern understandings of international law, this book is a
must read." — ANU Reporter"Boundaries is an important contribution to international law and, in particular, to the feminist project
in international law."
— Australian Year Book of International Law"This text is that rare thing, a stand-alone text suitable for teaching at various levels of study and
a substantial contribution to the academic analysis of both feminist theory and international law. The
Boundaries of International Law has gone some way in laying the groundwork and mapping the
terrain for future feminist research in the international law field."
— Canadian Journal of Women and the Law
"The Boundaries of International Law is an incredibly useful collation of feminist analysis and a wealth of
detail on the operation of the international legal system."
— Leiden Journal of International Law
About the Authors:
Hilary Charlesworth is Professor of International Law and Director of the Centre for International and Public Law in the Faculty of Law at the Australian National University in Canberra. She was educated at the University of Melbourne (BA, LLB) and Harvard Law School (SJD). She has taught at the Universities of Melbourne and Adelaide, Washington & Lee College of Law and Harvard Law School. She is immediate past President of the Australian and New Zealand Society of International Law and Editor of the Australian Year Book of International Law.
Christine Chinkin is Professor of International Law, London School of Economics. She has degrees in law from the Universities of London, Yale and Sydney. She has held full-time academic posts at the Universities of Oxford, London, New York Law School, the National University of Singapore and the University of Sydney. She has also had visiting appointments in Europe, the United States, Asia, and Australia, including the Foreign Studies University, Beijing, the University of Hong Kong, University of Georgia and the University of Melbourne.