This chapter proposes a human security framework – based on the axis of freedom from fear, from want and to live with dignity – that emphasises the widespread risks to individual human rights violations, as a more complete and integrated approach for women’s engagement with international law. Despite the potential of the human security–human rights link as a reciprocal symbiosis, while most human security ideas have been related to human rights at the general or discursive level, they have not connected at a deeper juncture. A gendered and human rights-based approach to human security in international law would bear fruitful results, but has seldom been explored. Thus, this chapter will focus on human security and its core human rights content, and explain why this development/reconceptualisation is important for women and girls, in particular what problems it may address and what objectives it may achieve; and, secondly, what a feminist human security–human rights lens means for the future of feminist engagement with international law at the international, regional and national levels. It will do so especially through the illustrative case study of female undocumented migrants. Indeed, undocumented migrant women and girls are some of the most vulnerable persons in the world today. They face cumulative and intersectional forms of violence, deprivation and human rights violations. However, feminist approaches to international law have not fully engaged with this reality. The chapter will thus use this case study to spell out more general implications of the feminist human security–human rights approach for women’s involvement with international law in the twenty-first century.
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At the conclusion of her article A Discipline of Crisis, Hilary Charlesworth poses the question: “What might an international law of everyday life look like?” This chapter will explore the answer by invoking feminist temporality as a basis for examining how international law might become more focused on systemic, enduring, quotidian, everyday issues – precisely the issues that most affect women. By now, international law’s tendency to prioritize crisis is well-trodden ground in legal literature. What seems to be missing from the crisis discourse, however, is a nuanced understanding of what these crises are that dominate international law’s attention and resources. By what criteria are crises defined and identified? Ultimately, the aim of this chapter is to encourage greater deliberation regarding the criteria for situations and issues that dominate the international legal agenda. The hope is that, in the future, such deliberation will result in better prioritization of women’s interests and richer engagement with feminist concerns.
Law is not law unless it refers to justice; justice requires reflection in law. Law is defective if it does not deliver the shallow justice of predictability and consistency. Law is defective if it does not adequately express the conceptions of deep justice in a community. Law is dangerous and oppressive where it departs from true justice. True justice depends on their being an objective account of human deserts. It requires attention to questions about what human beings are, what is good for human beings, and whether they have a relationship to God. True justice is a transcendent concept, either a desideratum, necessary but non-existent, or grounded in the eternal. If God exists, then true justice exists for only God could issue the final judgment which is the end of law. Augustine’s critical natural law theory looked forward to such a Day of Judgment.
Do we have a genuine global financial system? This chapter challenges the strong notion that the recent financial crisis was global in scope. It examines and troubles several key aspects of the recent events, asking whether the international financial system is a genuinely ‘global’ one, whether the crisis itself was ‘global’ in its characteristics, and what the nature of the term ‘crisis’ means. It argues that the international financial system is quite differentiated, being made up of domestic-national, supra-national regional and inter-national aspects. The system is characterized by contagion, however, and the chapter goes on to consider the role of this in generating slipovers into the wider economic mechanism. And given this characterization of the financial system, the implications for how to organize a regulatory response are pursued. Here the argument is that the principle of ‘distributed preparedness for resilience’ should guide this response, not a new set of top-down global rules and norms organized once again by the institutions of global economic governance.
Privatization programs have had limited success, because of the perception that governments give up value when leasing assets to the private sector, and that the proceeds of the sale/lease seem to disappear as they are used to repay debts and correct unbalanced budgets. This case study of New South Wales, Australia argues that the state can organize to make the most of private investors’ will to buy operating assets to support a strong program of reinvestment in new infrastructure projects, thus not giving up value nor expertise in the privatization process. It inspires a new model of the developmental state that gets inspiration from working with the private sector, without necessarily giving up on social and environmental considerations. This chapter describes how infrastructure asset recycling can be an improved privatization program, using privatization sale proceeds to fund an integrated, long-term infrastructure plan, and how a new independent government agency was key to ensure the reinvestment step was successful.
This chapter will assess how the processes of reproduction and creativity have been impacted by regulation. In particular, it is argued that reproduction is a critical component of creativity, but that there has been little attention paid to the importance of reproduction as part of the creative process. This is the case in both literature analysing ideas and creativity, as well as legal regulation. This chapter therefore proposes the concept of the reproductive flow, representing the importance of reproduction in an RNA-DNA relationship with creativity. The failure to recognise the reproductive flow in philosophical literature and legal rules is considered, and the consequence of this analysed. A definition of reproductive flow is given, in order to set the groundwork for the legal reform proposed in subsequent chapters.
This chapter examines the human resource practices that businesses can use to support women’s career advancement. Studies suggest that tangible practices can help businesses support women’s representation in senior leadership roles. These practices seem to prove effective as far as the entry of women into businesses is concerned. On the other hand, their impact on the increase of women leaders appears to be significantly smaller. Another factor that seems to influence the relationship between these practices and women’s career advancement is the organizational context and constraints. A careful examination of these constraints and an encouragement of women to use human resource practices are needed. In addition, the effectiveness of these practices is often inconclusive according to studies, which requires more robust research that takes a longitudinal approach.
While the wisdom of encouraging short-term capital flows is increasingly questioned, foreign direct investment (FDI) is still viewed as a central element of development strategy by international financial institutions. Many contentious issues remain in the literature about FDI. These pertain to both the growth and development effects of FDI as well as the appropriate kinds of regulatory frameworks that would render FDI flows more development oriented. However, while the development effects of FDI are debated, the literature on FDI and economic development has generally been gender blind. Nevertheless, a small but growing literature addresses the gender dimensions of FDI in the context of efforts to understand how neoliberal economic policies and globalization patterns have different impacts on women and men. This chapter summarizes some of the stylized facts and policy insights that can be drawn from this emerging work.
Antonius R Hippolyte
The chapter seeks to highlight the importance of compliance with foreign investment law if developing countries’ wish to secure greater levels of FDI and enhance their participation in the global economy. The chapter examines developing countries’ historical attitudes towards international economic governance as highlighted in their post-colonial calls for a New International Economic Order. Developing countries’ post-colonial attitudes towards foreign investment law as well as Third World Approaches to International Law (TWAIL) are highlighted. The chapter then examines developing countries’ renewed scepticism towards foreign investment law, i.e. the BIT regime and the institution of investor-State arbitration. The final section illustrates that constructive participation in the foreign investment regime would prove more beneficial to developing countries than mere criticism and the constant backlash against this system as tolerance of and compliance with foreign investment law is crucial to developing countries’ future ability to attract FDI.