Feminist Scholarship on International Law in the 1990s and Today: An Inter-Generational Conversation

Abstract

The world of international relations and law is constantly changing. There is a risk of the systematic undermining of international organisations and law over the next years. Feminist approaches to international law will need to adapt accordingly, to ensure that they continue to challenge inequalities, and serve as an important and critical voice in international law. This article seeks to tell the story of feminist perspectives on international law from the early 1990s till today through a discussion between three generations of feminist international legal scholars: Hilary Charlesworth, who, with her colleagues, contributed to the area in the immediate post-Cold War years, Gina Heathcote, who over the past decade has published extensively on feminist perspectives on the use of force and collective security, and Emily Jones, an early career scholar working on feminist approaches to international law. The conversation, which began as a Skype discussion, considers both the ways in which feminist approaches to international law have changed over the past two decades, as well as the ways in which they have been shaped by global politics, before turning to consider the future for feminist approaches to international law. The impact of feminist approaches to international law has been considerable. However, it seems that feminist approaches still lack legitimacy and credibility in many mainstream circles, remaining on the disciplinary periphery. Charlesworth, Heathcote and Jones discuss potential ways in which to manage some of these tensions, noting both the importance of 'speaking to ourselves' (Charlesworth 2011) as a creative and nurturing space, as well as the need to be seen as a more credible voice in the mainstream. They note the need, too, for further feminist work beyond the realms of sexual violence and women's representation. While the great amount of work in this area is, indeed, foundational, having achieved many important legal and political outcomes, feminist approaches should now develop beyond these areas. Doing so will not only propel this area of scholarship in new and exciting directions, but it might help feminist scholarship gain further traction by avoiding categorisation only under the umbrella of "women's issues" and thus ready dismissal as just another specialist area of international law in the era of fragmentation. Conversation The Beginning: Entering the Academy What was it like to enter academia as a feminist international legal scholar at the time that you did?

Statelessness and the Feminist Toolbox: Another Man-Made Problem with a Feminist Solution?

“…However, in drawing guidance again from the work of feminist scholars in international law, it is worth cautioning that despite the considerable contributions by Hilary Charlesworth, Christine Chinkin and others, they recently noted that feminist approaches 'still lack legitimacy and credibility in many mainstream circles, remaining on the disciplinary periphery'. 58 Inclusion of feminist thought in the statelessness toolbox therefore cannot be a means to a utopian end without breaking statelessness research away from its traditional disciplinary gatekeepers. Currently, statelessness is a subject situated within law.…”

“…In Charlesworth, Heathcote and Jones, this insistence would be a move described as attempting radical changes 'via using the system itself' because actions 'sit within a spectrum between resistance and compliance'. 38 The extent to which feminist analysis should move between resistance and compliance to legal frameworks is a valuable consideration for feminist-statelessness work but is unfortunately beyond the scope of this paper. It is, however, indisputable that the legal definition remains much needed for the practical application of fighting statelessness.…”

Gender-Transformative Remedies for Women Human Rights Defenders

“…Following Charlesworth's advice, I approach this analysis as a 'world traveller, using different modes of transport according to the terrain'. 110 This approach can, in turn, enrich feminist human rights theory and help us 'to understand why women suffer as they do'. 111 The ultimate goal is a 'social transformation based on social justice that opens up unrestricted possibilities'.…”