Women International Law Part 3

J.G. GARDAM; M.J. JARVIS, Women, Armed Copnflict and International Law, Kluwer Law International, The Hague 2001, xv + 290 pp., 102 / US$ 146. ISBN 90-411-1640-0.
Liesbeth Lijnzaad
Netherlands International Law Review
Volume 52, Issue 3, December 2005 p.496-500

Good Faith in Contract: A Non-Sceptical Commentary
E W Thomas
New Zealand Business Law Quarterly
Volume 11, Number 4, November 2005 p.391

On the premise that the law of contract should meet the reasonable expectations of honest men and women, this paper supports the importation of an obligation of good faith into contracts generally as a matter of law. It deprecates the current scepticism and analyses the underlying predispositions evident in “sceptical”thinking: a distaste for general principle, an exaggerated perception of freedom of contract and the free market, formalistic thinking, and a lack of realism. The latter failing is given particular attention because the realities of contractual negotiation and contractual performance provide a compelling need for an obligation of good faith. The realities which are identified are: the length, complexity and cost of commercial negotiations; the fact contractual relationships are not generally adversarial; the fact most contracts are relational contracts; the fact most contracts are incomplete; and the fact many contracts contain the potential for the relatively powerful party to unfairly exploit the other party. The author concludes by arguing, contrary to the claim by sceptics that good faith would add little or nothing to the existing law, that a general obligation of good faith would provide the law with a unifying, overriding and informing principle, would ensure that the law develops in a way which is responsive to the needs and reasonable expectations of the community, and that it would bring our domestic law into harmony with the preponderance of the law applicable to international trade.

WOMEN’S BODIES AS BATTLEFIELDS IN THE FORMER YUGOSLAVIA: AN ARGUMENT FOR THE PROSECUTION OF SEXUAL TERRORISM AS GENOCIDE AND FOR THE RECOGNITION OF GENOCIDAL SEXUAL TERRORISM AS A VIOLATION OF JUS COGENS UNDER INTERNATIONAL LAW
Veronica C. Abreu
Georgetown Journal of Gender and the Law
Volume 6, Number 1, General Issue, 2005 p.1

Islamic Law and the International Protection of Women’s Rights: The Effect of Shari’ a in Nigeria
Caroline E. Nicolai
Syracuse Journal of International Law and Commerce
Volume 31, Number 2, Summer 2004 p.299

ARTICLES: The Status of Women in Chile: Violations of Human Rights and Recourse Under International Law
Sarah R. Hamilton
Women’s Rights Law Reporter
Volume 25, Numbers 2 & 3, Spring/Summer 2004 p.111

Beyond Imminence: Evolving International Law and Battered Women’s Right to Self-Defense
Shana Wallace
University of Chicago Law Review
Volume 71, Number 4, Fall 2004 p.1749

UNEMPLOYMENT INSURANCE MEETS GLOBALIZATION AND THE MODERN WORKFORCE
Deborah Maranville
Santa Clara Law Review
Volume 44, Number 4, 2004 p.1129

This article considers the impact of globalization and changes in the workforce on the unemployment insurance system, as illustrated by events leading up to recent amendments to Washington State’s Unemployment Insurance system. Changes in international trade rules impacted the economic situation in which the Boeing Company operates and gave Boeing both the incentive and the ability to threaten to assemble its next generation jet outside Washington State, if its demands for changes to Washington’s unemployment insurance system were not met. The author argues first that globalization transforms “federalism”arguments, making it difficult to assign taxing and administration of social welfare programs to either nations, or sub-national units, like American states. Second, she argues that the entry of women into the modern work force makes it important to accommodate carework in the unemployment insurance system. Reconceptualizing care work as a form of “economic development”may assist us in developing needed arguments for accommodating carework. In light of the effects of globalization, social movements and advocates concerned with unemployment insurance will require an increasingly sophisticated understanding of the links among disparate areas of the law.

NIGERIA, ITS WOMEN AND INTERNATIONAL LAW: BEYOND RHETORIC
Sope Williams
Human Rights Law Review
Volume 4, Number 2, Autumn 2004 p.229-255

Feminist jurisprudence and gender-based asylum claims: Reconstructing U.S. law in consideration of In re R-A
Amanda Behm
Dartmouth Law Journal
Volume 2, Issue 2, Spring 2004

The realities of persecution, debasement, and violence confronting women around the world necessitate a new approach to legal relief in the U.S. As it currently stands, U.S. asylum law, by statute and precedent, fails to adequately protect international women’s rights. This paper primarily looks at the asylum case of Rodi Alvarado Pena, In re R-A-, as an example of U.S. legal failings, and, further, uses feminist grounds to critique new rules proposed by INS in recent years.

Women and domestic violence: the public/private dichotomy in international law
Catherine Moore
International Journal of Human Rights
Volume 7, Number 4, Winter 2003 p.93-128

The Rights of Women in International Human Rights Law Textbooks: Segregation, Integration, or Omission?
Stephanie Farrior
Columbia Journal of Gender and Law
Volume 12, Number 3, 2003 p.587

Author: international