Recharacterizing Restructuring


Book Description

In the last decade, market-centered economic reforms have been implemented in a wide range of developing and transitional countries under the auspices of the international financial institutions. Whether or not they deliver the promised prosperity, they appear to be associated with widening economic inequality as well as disadvantage for particular social groups, among them women and workers. "Recharacterizing Restructuring" argues that such effects are neither temporary nor accidental. Instead, efforts to promote growth through greater efficiency inevitably engage distributive concerns. Change in the status of different groups is connected to the process of legal and institutional reform. Part I analyzes the place of law and institutional reform in current economic restructuring policies. Through post-realist legal analysis and institutional economics, it discusses the role of background legal rules in the allocation of resources and power among different groups. Part II traces how disadvantage might result for women in the course of economic reform, through an analysis of the World Bank's proposals for states in transition from plan to market economies. It considers such foundational issues as the place of unpaid work in economic activity, as well as the gendered nature of proposals to re-organize productive activity and the role of the state.




Recharacterizing Restructuring


Book Description

In the last decade, market-centered economic reforms have been implemented in a wide range of developing and transitional countries under the auspices of the international financial institutions. Whether or not they deliver the promised prosperity, they appear to be associated with widening economic inequality as well as disadvantage for particular social groups, among them women and workers. Recharacterizing Restructuring argues that such effects are neither temporary nor accidental. Instead, efforts to promote growth through greater efficiency inevitably engage distributive concerns. Change in the status of different groups is connected to the process of legal and institutional reform. Part I analyzes the place of law and institutional reform in current economic restructuring policies. Through post-realist legal analysis and institutional economics, it discusses the role of background legal rules in the allocation of resources and power among different groups. Part II traces how disadvantage might result for women in the course of economic reform, through an analysis of the World Bank's proposals for states in transition from plan to market economies. It considers such foundational issues as the place of unpaid work in economic activity, as well as the gendered nature of proposals to re-organize productive activity and the role of the state.







The Ashgate Research Companion to Feminist Legal Theory


Book Description

As a distinct scholarly contribution to law, feminist legal theory is now well over three decades old. Those three decades have seen consolidation and renewal of its central concerns as well as remarkable growth, dynamism and change. This Companion celebrates the strength of feminist legal thought, which is manifested in this dynamic combination of stability and change, as well as in the diversity of perspectives and methodologies, and the extensive range of subject-matters, which are now included within its ambit. Bringing together contributors from across a range of jurisdictions and legal traditions, the book provides a concise but critical review of existing theory in relation to the core issues or concepts that have animated, and continue to animate, feminism. It provides an authoritative and scholarly review of contemporary feminist legal thought, and seeks to contribute to the ongoing development of some of its new approaches, perspectives, and subject-matters. The Companion is divided into three parts, dealing with 'Theory', 'Concepts' and 'Issues'. The first part addresses theoretical questions which are of significance to law, but which also connect to feminist theory at the broadest and most interdisciplinary level. The second part also draws on general feminist theory, but with a more specific focus on debates about equality and difference, race, culture, religion, and sexuality. The 'Issues' section considers in detail more specific areas of substantive legal controversy.




International Law


Book Description

A landmark publication in the teaching of international law from one of the world's leading international lawyers. This refreshingly clear, concise textbook conveys the dynamics of international law through four questions: Where does it come from? To whom does it apply? How does it resolve conflict? What does it say?




The Politics of Private Transnational Governance by Contract


Book Description

Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index




International Law and the Politics of History


Book Description

As the future of international law has become a growing site of struggle within and between powerful states, debates over the history of international law have become increasingly heated. International Law and the Politics of History explores the ideological, political, and material stakes of apparently technical disputes over how the legal past should be studied and understood. Drawing on a deep knowledge of the history, theory, and practice of international law, Anne Orford argues that there can be no impartial accounts of international law's past and its relation to empire and capitalism. Rather than looking to history in a doomed attempt to find a new ground for formalist interpretations of what past legal texts really mean or what international regimes are really for, she urges lawyers and historians to embrace the creative role they play in making rather than finding the meaning of international law.




Beyond Systemic Discrimination


Book Description

This coherent and pragmatically relevant monograph examines the soundness of the legal framework in education. Deriving from the disadvantage doctrine, it presents an analytical scheme for diagnosing whether or not domestic education law is in harmony with international human rights and minority rights law. The book examines law as a system and focuses on the reported perpetuation of educational disadvantage among Roma all over Europe. This focus suggests that minority individuals falling into several partly overlapping categories may become subjected to educational discrimination even by states that appear to fulfil relevant international standards. A functional approach to skills acquisition is suggested as a constructive way forward towards sustainable and inclusive education systems.




Women and Gender in Central and Eastern Europe, Russia, and Eurasia


Book Description

This is the first comprehensive, multidisciplinary, and multilingual bibliography on "Women and Gender in East Central Europe and the Balkans (Vol. 1)" and "The Lands of the Former Soviet Union (Vol. 2)" over the past millennium. The coverage encompasses the relevant territories of the Russian, Hapsburg, and Ottoman empires, Germany and Greece, and the Jewish and Roma diasporas. Topics range from legal status and marital customs to economic participation and gender roles, plus unparalleled documentation of women writers and artists, and autobiographical works of all kinds. The volumes include approximately 30,000 bibliographic entries on works published through the end of 2000, as well as web sites and unpublished dissertations. Many of the individual entries are annotated with brief descriptions of major works and the tables of contents for collections and anthologies. The entries are cross-referenced and each volume includes indexes.




Revisiting the Law and Governance of Trafficking, Forced Labor and Modern Slavery


Book Description

In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academics, activists and policy makers from international organizations come together in this edited volume and adopt an inter-disciplinary, multi-stakeholder approach to revisit trafficking through the lens of labor migration and extreme exploitation and, in the process, rethink the law and governance of trafficking. This volume considers many key factors, including the evolving international law on trafficking, the relationship between trafficking, slavery, indenture and domestic migration law and policy as well as newly emergent techniques of governance, including indicators, all with a view to furthering prospects for lasting economic justice in a globalized world.