Issues in Legal Scholarship最新文献_第5页

Where Did Feminism Go? Reflections from a Slightly Lapsed Feminist 女权主义走向何方?一个略显颓废的女权主义者的反思

Issues in Legal Scholarship Pub Date : 2011-01-20 DOI: 10.2202/1539-8323.1138

Brenda Cossman

引用次数: 0

On Que(e)rying Feminism: Reclaiming the F Word 论运动中的女权主义:重拾F字

Issues in Legal Scholarship Pub Date : 2011-01-20 DOI: 10.2202/1539-8323.1137

B. Hernández-Truyol

引用次数: 2

What I Learned About Feminism From the Early Women Law Professors 我从早期女法学教授那里学到的女权主义

Issues in Legal Scholarship Pub Date : 2011-01-20 DOI: 10.2202/1539-8323.1135

H. Kay

引用次数: 0

Making Membership 让会员

Issues in Legal Scholarship Pub Date : 2011-01-01 DOI: 10.2202/1539-8323.1122

S. Sassen

引用次数: 0

Tough Guise 艰难的幌子

Issues in Legal Scholarship Pub Date : 2011-01-01 DOI: 10.2202/1539-8323.1144

Joan C. Williams

引用次数: 5

Alien Equality 外星人平等

Issues in Legal Scholarship Pub Date : 2011-01-01 DOI: 10.2202/1539-8323.1131

Peter Nyers

{"title":"Alien Equality","authors":"Peter Nyers","doi":"10.2202/1539-8323.1131","DOIUrl":"https://doi.org/10.2202/1539-8323.1131","url":null,"abstract":"The Citizen and the Alien and The Birthright Lottery are impressive books. Both works provoke innovative ways for thinking about equality and justice within the concept of citizenship. This essay presses on the authors’ claims and assumptions about equality as they relate to citizenship. In particular, I raise questions about the treatment of borders, indigenous peoples, and what we could consider acts of global citizenship. ∗Associate Professor of the Politics of Citizenship and Intercultural Relations Department of Political Science, McMaster University, Hamilton, Canada. Email: nyersp@mcmaster.ca. Edward Said once observed that the “problem of beginnings is the beginning of the problem” (Said 1985: 45). If citizenship is meant to denote the beginning of political membership, belonging, and subjectivity, then of what problems should we be wary? What are the pitfalls and dangers of placing citizenship at the beginning of our investigations about being political? What are the implications of placing birth—the origin of personhood—as the foundation for allocating membership in the political community? Claims to origins are always political because they shape what is to follow and, more crucially, disavow other points of departure and modes of being. In the case of citizenship, this means effacing all other means of being political as both fantasies for the future and hopelessly naïve in the present day world of sovereign states. The two books under discussion in this Symposium—Linda Bosniak’s The Citizen and the Alien and Ayelet Shachar’s The Birthright Lottery—combine sophisticated scholarly analysis with deep normative convictions about the injustices and inequalities that exist at the borderlines of the nation, state, and citizenship. The books illustrate that the fine line that separates the citizen from the noncitizen is actually the site of deeply political contestations and struggles. Each author is forward thinking, breaks new conceptual ground, and provokes innovative ways for thinking about and strategizing for equality and justice within the concept of citizenship. In addition to their new insights and conceptual innovations, Bosniak and Shachar also do justice to Said’s invitation to problematize beginnings. For Bosniak, this involves investigating the laws and practices that produce, sustain, and contest the line that separates the citizen from the alien. In conventional narratives, citizenship signifies the beginning of political membership, rights, and voice, while alienage signifies their end. Bosniak exposes the arbitrariness of this relationship, and seeks to think about political community and belonging in ways that do not replicate such a strict us/them relationship. Much of the analysis is driven by a normative commitment to justice, which Bosniak understands as equality of access to civil and social rights regardless of legal status. To deny these rights is tantamount to “imperialism by the membership domain” (Bosniak 2006: 4","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1131","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68567208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Developing Citizenship 发展公民

Issues in Legal Scholarship Pub Date : 2011-01-01 DOI: 10.2202/1539-8323.1129

Muneer I. Ahmad

引用次数: 5

Creedal Citizenship 教义的国籍

Issues in Legal Scholarship Pub Date : 2011-01-01 DOI: 10.2202/1539-8323.1127

M. Tushnet

引用次数: 0

Advisory Proceedings before the International Tribunal for the Law of the Sea as an Alternative Procedure to Supplement the Dispute-Settlement Mechanism under Part XV of the United Nations Convention on the Law of the Sea 国际海洋法法庭的咨询程序，作为补充《联合国海洋法公约》第十五部分规定的争端解决机制的替代程序

Issues in Legal Scholarship Pub Date : 2010-08-17 DOI: 10.2202/1539-8323.1116

Dooyoung Kim

{"title":"Advisory Proceedings before the International Tribunal for the Law of the Sea as an Alternative Procedure to Supplement the Dispute-Settlement Mechanism under Part XV of the United Nations Convention on the Law of the Sea","authors":"Dooyoung Kim","doi":"10.2202/1539-8323.1116","DOIUrl":"https://doi.org/10.2202/1539-8323.1116","url":null,"abstract":"Whereas the Seabed Disputes Chamber within the International Tribunal for the Law of the Sea (“the Tribunal”) is expressly mandated to give an advisory opinion at the request of the Assembly or Council of the International Seabed Authority under Part XI of the United Nations Convention on the Law of the Sea (“the Convention”), the advisory jurisdiction of the Tribunal in its full composition is not explicitly provided for under Part XV of the Convention or in the Statute of the Tribunal annexed to the Convention. In order to provide the Tribunal with an advisory function, a proposal was first presented when the Tribunal was preparing its Rules in 1996. This proposal was accepted and was embodied in article 138 of the Rules of the Tribunal. Paragraph 2 of article 138 provides for a body eligible to make a request to the Tribunal for an advisory opinion. Eligibility can be accorded to “whatever body is authorized by or in accordance with the agreement to make the request to the Tribunal.” Under article 96 of the Charter of the United Nations, the eligibility to request an advisory opinion of the Court is restricted to the General Assembly, the Security Council, other organs and specialized agencies which may at any time be so authorized by the General Assembly, but there is no such express provision in the Convention or the Statute of the Tribunal restricting the organizations or bodies eligible to request an advisory opinion of the Tribunal. Accordingly, a provision in an international agreement relating to the purposes of the Convention which empowers a body to make a request for an advisory opinion to the Tribunal may be sufficient for it to entertain such a request. In view of this liberal and flexible approach with regard to the eligibility requirement under paragraph 2 of article 138 of the Rules, States may feel free to seek an advisory opinion in law of the sea matters from the Tribunal through a body, permanent or ad hoc, created by an agreement for the purpose of transmitting a request for an advisory opinion to the Tribunal. Furthermore, in light of the non-binding nature of an advisory opinion to be given by the Tribunal under article 138 of its Rules, States may also wish to use the advisory proceedings before the Tribunal, when appropriate, as a means of dispute resolution in law of the sea matters as was frequently the case before the Permanent Court of International Justice from 1922 to 1935. When States elect to use the advisory proceedings before the Tribunal for dispute settlement, these proceedings may function as an alternative means to supplement the compulsory procedures entailing binding decisions under Part XV of the Convention.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1116","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68565950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Carbon Capture and Sequestration: Identifying and Managing Risks 碳捕获与封存:风险识别与管理

Issues in Legal Scholarship Pub Date : 2009-07-01 DOI: 10.2202/1539-8323.1108

Alexandra B. Klass, E. Wilson

引用次数: 8