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The Public Law of Gender
From the Local to the Global

Part of Connecting International Law with Public Law

Katharine G. Young, Vicki Jackson, Kristin A. Collins, Julieta Lemaitre, Kristin Bergtora Sandvik, Susan H. Williams, Laura Grenfell, Vijaya Nagarajan, Archana Parashar, Sari Kouvo, Corey Levine, Beverley Baines, Kim Rubenstein, Sharon Bessell, Margaret Wilson, Huong Nguyen, Scott Wisor, Kirsty Gover, Dominique Allen, Susan Harris Rimmer, Vicki Jackson, Louise Chappell, Osmat Jefferson, Innokenti Epichev, Rohan Kapur, Kellin Kristofferson, Kate Wilkinson
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  • Date Published: May 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107138575

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About the Authors
  • With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawyers, political scientists, historians and philosophers to examine law's structuring of politics, governing and gender in a new global frame. Of interest to constitutional and statutory designers, advocates, adjudicators and scholars, the contributions explore how concepts such as equality, accountability, representation, participation and rights, depend on, challenge or enlist gendered roles and/or categories. These enquiries suggest that the new public law of gender must confront the lapses in enforcement, sincerity and coverage that are common in both national and international law and governance, and critically and pluralistically recast the public/private distinction in family, community, religion, customary and market domains.

    • Outlines the common and distinct challenges and issues across various fields
    • Provides those working with gender-sensitive laws and gender-neutral laws with an assessment of the various ways in which public law interacts with gender, by intent or outcome
    • Local and global perspectives uncover the obstacles facing gender equality, equity and parity, and show how traditional agendas of feminist theory now translate in a global legal frame
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    Product details

    • Date Published: May 2016
    • format: Hardback
    • isbn: 9781107138575
    • length: 630 pages
    • dimensions: 229 x 152 x 35 mm
    • weight: 1.01kg
    • contains: 5 b/w illus.
    • availability: Available
  • Table of Contents

    Introduction: a public law of gender? Katharine G. Young
    Part I. Constitutional Design and Gendered Outcomes:
    1. Feminisms and constitutions Vicki Jackson
    2. Deference and deferral: constitutional structure and the durability of gender-based nationality laws Kristin A. Collins
    3. The court and the women: structural litigation and grassroots organizing for internally displaced people's rights in Colombia Julieta Lemaitre and Kristin Bergtora Sandvik
    Part II. Constitutional Design in a Global Setting: The Challenge of Local Custom:
    4. Customary law, constitutional law and women's equality Susan H. Williams
    5. Customising equality in post-conflict constitutions Laura Grenfell
    6. Gender equality in international law and constitutions: mediating universal norms and local differences Vijaya Nagarajan and Archana Parashar
    7. Law as a placeholder for change? Women's rights and realities in Afghanistan Sari Kouvo and Corey Levine
    Part III. Localising Participation and Voice through Law:
    8. Polygamy: who speaks for women? Beverley Baines
    9. In her own voice: oral (legal) history's insights on gender and the spheres of public law Kim Rubenstein
    Part IV. Governance, Government, and Gendered Measures:
    10. Good governance, gender equality and political representation: ideas as points of disjuncture Sharon Bessell
    11. Women in government/governance in New Zealand: a case study of engagement over forty years Margaret Wilson
    12. Equality without freedom? Political representation and participation of women in Vietnam Huong Nguyen
    13. Gender, justice and statistics: the case of poverty measurement Scott Wisor
    Part V. Governance, Equality and Non-Discrimination:
    14. Gender and race in the constitution of groups: the limits of non-discrimination law in settler societies Kirsty Gover
    15. Rethinking the Australian model of promoting gender equality Dominique Allen
    16. Gender, governance and defence of the realm: globalising reforms in the Australian Defence Force Susan Harris Rimmer
    Part VI. Global Governance and the Precepts of Public Law:
    17. Feminisms, pluralisms and transnationalism: on CEDAW and national constitutions Vicki Jackson
    18. Governing gender justice and victims' rights through the International Criminal Court Louise Chappell
    19. International organisations as employers: searching for practices of fair treatment and due process rights of staff Osmat Jefferson and Innokenti Epichev
    20. Transcending gender inequity in an age of impunity: a gender critique of accountability in global administrative governance Rohan Kapur and Kellin Kristofferson
    21. The future we want: an ecofeminist comment on the UN Conference on Sustainable Development Kate Wilkinson.

  • Editors

    Kim Rubenstein, Australian National University, Canberra
    Kim Rubenstein is Professor and Director of the Centre for International and Public Law at the Australian National University College of Law, where she is also a Public Policy Fellow.

    Katharine G. Young, Boston College, Massachusetts
    Katharine G. Young is an Associate Professor at Boston College Law School. Her fields of expertise include comparative public law and international human rights law.

    Contributors

    Katharine G. Young, Vicki Jackson, Kristin A. Collins, Julieta Lemaitre, Kristin Bergtora Sandvik, Susan H. Williams, Laura Grenfell, Vijaya Nagarajan, Archana Parashar, Sari Kouvo, Corey Levine, Beverley Baines, Kim Rubenstein, Sharon Bessell, Margaret Wilson, Huong Nguyen, Scott Wisor, Kirsty Gover, Dominique Allen, Susan Harris Rimmer, Vicki Jackson, Louise Chappell, Osmat Jefferson, Innokenti Epichev, Rohan Kapur, Kellin Kristofferson, Kate Wilkinson

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