Hilary Charlesworth

Burns H. Weston

Falk, Richard A.

Andrew L. Strauss

A Problem-oriented Coursebook

International Law and World Order

International law does not seem immediately relevant to domestic Australian politics and law, let alone to our everyday lives. Yet, international law has a growing significance for trade, human rights, crime, terrorism and climate change. Australian authors.

Australia and International Law

No Country is an Island

Christine Chinkin

In the first book-length treatment of the application of feminist theories of international law, Charlesworth and Chinkin argue that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronting it. The boundaries of international law provides a feminist perspective on the structure, processes and substance of international law, shedding new light on treaty law, the concept of statehood and the right of self-determination, the role of international institutions and the law of human rights. Concluding with a consideration of whether the inclusion of women in the jurisdiction of international war crimes tribunals represents a significant shift in the boundaries of international law, the book encourages a dramatic rethinking of the discipline of international law. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this provocative volume is essential reading for scholars, practitioners and students alike.

A feminist analysis, with a new introduction

The boundaries of international law

Jean-Marc Coicaud

Fault Lines of International Legitimacy deals with the following questions: What are the features and functions of legitimacy in the international realm? How does international legitimacy, as exemplified in particular by multilateral norms, organizations, and policies, change over time? What role does the international distribution of power and its evolution have in the establishment and transformation of legitimacy paradigms? To what extent do democratic values account for the growing importance of legitimacy and the increasing difficulty of achieving it at the international and the national level? One of the central messages of the book is that, although the search for international legitimacy is an elusive endeavor, there is no alternative to it if we want to respond to the intertwined demands of justice and security and make them an integral and strategic part of international relations.

Fault Lines of International Legitimacy

Andrew Byrnes

Gabrielle McKinnon

"Australia is often cited as the only Western nation without a bill of rights. While this remains true at a national level, the states and territories have recently taken the running on developing local bills of rights. The ACT adopted a Human Rights Act in July 2004 and in 2006. Victoria enacted a Charter of Human Rights and Responsibilities in January 2007. Tasmania has now moved formally to consider similar legislation. And Western Australia, Queensland and New South Wales also seem likely to take this course. This book examines the significance and ramifications of these radical developments. It is the first to offer a comprehensive examination of this new form of legislation in Australia"--Provided by publisher.

History, Politics and Law

Bills of Rights in Australia

John Braithwaite

Peter Reddy

Leah Dunn

Following a bloody civil war, peace consolidated slowly and sequentially in Bougainville. That sequence was of both a top-down architecture of credible commitment in a formal peace process and layer upon layer of bottom-up reconciliation. Reconciliation was based on indigenous traditions of peacemaking. It also drew on Christian traditions of reconciliation, on training in restorative justice principles and on innovation in womens’ peacebuilding. Peacekeepers opened safe spaces for reconciliation, but it was locals who shaped and owned the peace. There is much to learn from this distinctively indigenous peace architecture. It is a far cry from the norms of a ‘liberal peace’ or a ‘realist peace’. The authors describe it as a hybrid ‘restorative peace’ in which ‘mothers of the land’ and then male combatants linked arms in creative ways. A danger to Bougainville’s peace is weakness of international commitment to honour the result of a forthcoming independence referendum that is one central plank of the peace deal.

Sequencing Peace in Bougainville

Reconciliation and Architectures of Commitment

Emma Larking

A sustained analysis of the Universal Periodic Review of human rights, focusing on its rituals and potential ritualism.

Human Rights and the Universal Periodic Review

The Universal Periodic Review is an intriguing and ambitious development in human rights monitoring which breaks new ground by engaging all 193 members of the United Nations. This book provides the first sustained analysis of the Review and explains how the Review functions within the architecture of the United Nations. It draws on socio-legal scholarship and the insights of human rights practitioners with direct experience of the Review in order to consider its regulatory power and its capacity to influence the behaviour of states. It also highlights the significance of the embodied features of the Review, with its cyclical and intricately managed interactive dialogues. Additionally, it discusses the rituals associated with the Review, examines the tendency of the Review towards hollow ritualism (which undermines its aspiration to address human rights violations comprehensively) and suggests how this ritualism might be overcome.

Rituals and Ritualism

Jeremy Farrall

The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.

Strengthening the Rule of Law through the UN Security Council

This book examines the features and functions of international legitimacy and how these change over time.

Hilary Charlesworth

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