The UN Convention on the Elimination of All
Forms of Discrimination against Women : A Commentary (M.
Freeman, C. Chinkin and B. Rudolf, eds) (Oxford, OUP, 2012), author
of pp 101-122; 443-474; co-author of 1-50.
This volume is the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'.
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The Making of International Law (with A. Boyle) (Oxford
University Press, Foundations of Public International Law, 2007),
338pp.
This
is a study of the principal negotiating processes and law-making
tools through which contemporary international law is made. It
does not seek to give an account of the traditional - and
untraditional - sources and theories of international law, but
rather to identify the processes, participants and instruments
employed in the making of international law. It accordingly
examines some of the mechanisms and procedures whereby new rules
of law are created or old rules are amended or abrogated. It
concentrates on the UN, other international organisations,
diplomatic conferences, codification bodies, NGOs, and courts.
Every society perceives the need to differentiate between
its legal norms and other norms controlling social, economic
and political behaviour. But unlike domestic legal systems
where this distinction is typically determined by
constitutional provisions, the decentralised nature of the
international legal system makes this a complex and
contested issue. Moreover, contemporary international law is
often the product of a subtle and evolving interplay of
law-making instruments, both binding and non-binding, and of
customary law and general principles. Only in this broader
context can the significance of so-called 'soft law' and
multilateral treaties be fully appreciated.
An important question posed by any examination of
international law-making structures is the extent to which we
can or should make judgments about their legitimacy and
coherence, and if so in what terms. Put simply, a law-making
process perceived to be illegitimate or incoherent is more
likely to be an ineffective process. From this perspective, the
assumption of law-making power by the UN Security Council offers
unique advantages of speed and universality, but it also poses a
particular challenge to the development of a more open and
participatory process observable in other international
law-making bodies.
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Dispute Resolution in Australia (with H. Astor)
(Butterworths 2nd edition Butterworths, 2002), 462 pp
A critical treatment of processes of alternative dispute
resolution currently adopted within Australia. Dispute resolution
methods (in particular those adopted in commercial, family,
discrimination and international disputes) are considered in a
theoretical and evaluative light.
The Boundaries of International Law: A Feminist Analysis
(with H. Charlesworth), (Manchester University Press, 2000), 414pp.
(Translated into Japanese, 2004).
Halsbury's Laws of
Australia, Volume 14 : Foreign Relations paras 215-5 – 215-110;
(Butterworths: Sydney, 1994; 2nd edition 2001).
Third Parties in International Law (Oxford University Press,
Monograph Series in International Law, 1993), 385pp.
(with Madeleine Rees) 'Exposing the Gendered Myth of Post
Conflict Transition:The Transformative Power of Economic and Social Rights'
New York University journal of international law & politics 48 (4)
(2016) pp.1211-1226
‘Addressing Violence against Women in the Commonwealth
within States’ Obligations under International Law’, 40 Commonwealth Law
Bulletin (2014) pp.471-501 (This was a paper written for the Commonwealth
Law Ministers Meeting, May 2014).
This article examines international human rights
standards with respect to redressing violence against women. It
first sets out the international and regional instruments and
jurisprudence relevant to determining international standards. It
notes that, while there is no single convention explicitly on
violence against women, the consistent language is such that these
instruments in conjunction with the work of expert bodies (notably
the Committee on Elimination of All Forms of Discrimination against
Women (CEDAW Committee) and the UN Special Rapporteur on Violence
against Women) provide a blueprint of recommended actions and
strategies for governments, inter-governmental organisations and
NGOs to ensure the human rights of women free from violence. The
article then discusses the widely accepted understanding of
gender-based violence against women as ‘violence that is directed
against a woman because she is a woman or that affects women
disproportionately’. The article adopts the framework of
understanding states’ obligations through the typology of the
obligations to respect, protect and fulfil women’s right to be free
from violence. In particular, the obligation to exercise due
diligence to prevent such violence, to protect women against such
violence, to prosecute and punish the perpetrators of such violence
and to provide reparation to the victims of such violence. It
recognises the importance of legislation that defines violence
against women and criminalises its various manifestations. However,
it also recognises that legal reform is not of itself an adequate
approach and that legislation must operate in an effective system.
It thus highlights the importance of a holistic, multisectoral and
comprehensive national strategy that includes addressing the ways
that law enforcement personnel, judges and prosecutors are
influenced adversely by gender stereotypes and prejudices.
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(with Mary Kaldor) 'Gender and New Wars'
Journal of International Affairs, 67 (1) (2013) pp.167-190
War plays an important role in the construction of gender, or the social roles of men and women. This article analyzes the gendered experience of what Kaldor calls "new wars." It shows that new wars are largely fought by men in the name of a political identity that usually has a significant gender dimension. They use tactics that involve deliberate attacks on civilians, including systematic rape as a weapon of war, and are financed by predatory economic activities that tend to affect women more than men. The article describes the ways in which laws relating to gendered violence have been strengthened since the 1990s, arguing that implementation has been very weak. The article concludes that the construction of masculinity in new wars, in contrast to the heroic warrior of "old wars," is much more contradictory and insecure. On the one hand, extreme gender differences can only be secured through continued violence; on the other hand, the very contradictory and insecure character of masculinity offers a potential for alternatives. By looking at new wars through a gender lens, it is possible to identify policy options that might be more likely to contribute to a sustained peace. These include support for civil society, which tends to involve a preponderance of women, implementation of law at local and international levels, and greater participation of women in all aspects of peacemaking, including peacekeeping and law enforcement.
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‘International Dispute Resolution with
Particular Attention to China’, in Collected Courses of the
Xiamen Academy of International Law, vol 4 (2011) 211-307 (Martinus
Nijhoff, 2013).
Accesso a la Justicia, Género y Derechos Humanos’
in Violencia de Género Estragia de litigio para la defense de los
derechos de las mujeres, (2010, Ministerio Publico de la Defensa,
Buenos Aires) 17-49.
C. Chinkin and I. Rangelov, 'A Bottom-Up
Approach to Redressing past Violations of Human Rights', in D
Kostovicova and M Glasius (eds) Bottom-Up Politics: An Agency
Approach to Globalization (Palgrave, 2011) 112 – 126.
'The UK CEDAW story.' European Human
Rights Law Review 2011, 3, 274-293.
Discusses the UK's interaction with the Convention
for the Elimination of all forms of Discrimination Against Women (CEDAW)
1979. Looks at the context of the UK's signing and ratification of
CEDAW in 1986. Highlights UK reservations on signature and
ratification, and objections to UK reservations from foreign
nations. Comments on the reporting obligations of the CEDAW
Committee. Considers the application of CEDAW to the UK's Overseas
Dependent Territories and Crown Dependencies. Explains the legal
reception to CEDAW.
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'International Humanitarian Law, Human Rights
and the UK Courts’, in L. Boisson de Chazournes and M. Kohen,
International law and the Quest for its Implementation (Martinus
Nijhoff, 2010) 243
'Panel Discussion: Has International Law
Civilized Conflicts since 1907?' (Chinkin, C.; Tomuschat, C.;
Ronzitti, N.)
Veroffentlichungen - Walther Schucking Instituts fur Internationales
Recht an der Universitat Kiel Vol. 173
(2009) pp. 509-520
'An International Law Framework with Respect to International
Peace and Security' in Marlies Glasius and Mary Kaldor, A Human
Security Doctrine for Europe (Routledge 2006) 173-199.
Evaluation of the role of international law in human security
doctrine, in particular the principles of jus ad bello, jus in
bellum and human rights law.
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'Feminist Approaches to International Law: Reflections
from Another Century', in Doris Buss and Ambreena Manji
(eds), International Law Modern Feminist Approaches
(Hart Publishing, 2005) 17-47 (with H. Charlesworth and S.
Wright).
This
chapter revisits our prize winning article 'Feminist Approaches to
International Law, 85 American Journal of International Law (1991)
613. It considers how developments in international law and
procedures, global politics and economic globalization have impacted
on the transformative potential of international law for the
empowerment of women.
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'Post Conflict Reconstruction and Rehabilitation', in
Radhika Coomaraswamy and Dilrukshi Fonseka (eds), Peace Work (Women
Unlimited/ICES, 2004) 208-37.
'Regulatory Frameworks in International Law', in
Christine Parker, Colin Scott, Nicola Lacey and John Braithewaite (eds),
Regulating Law (Oxford University Press, 2004) 246-268 (with H.
Charlesworth)
An
examination of international law as a regulatory regime, in
particular in the context of post-conflict reconstruction, using
Bosnia-Herzegovina and Timor Leste as case studies.
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'Feminist Reflections on International Criminal Law',
in Andreas Zimmermann (ed.),
International Criminal Law and the Current Development of Public
International Law (Duncker and Humblot, 2002) 125-60.
A
feminist analysis of developments in international criminal process
and jurisprudence that questions whether there have been significant
advances in taking account of women's perspectives.
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The United Nations Decade for the Elimination of
Poverty: What Role for International Law? 54 Current
Legal Problems, 553-589 (2001)
An examination of how poverty can be recast as a violation of
human rights and the evolution of human rights law to address it.
