New book: “Feminist Judgments in International Law”

Congratulations to Loveday Hodson, Troy Lavers and all contributing authors of a new book, Feminist Judgments in International Law,  that explores how key judgments in international law might have differed if feminist judges had sat on the bench.

Loveday Hodson and Troy Lavers, eds.,  Feminist Judgments in International Law, (Oxford: Hart, 2019), 279-302 (511 pages). 
Publisher’s abstract (slow link).

We are pleased to feature a summary of chapter 11 from the editors’ introduction, as well as the Table of Contents:

“The A, B and C  v  Ireland case from the European Court of Human Rights, the subject of chapter eleven, was brought  by three women who had been unable to obtain the abortions they sought, respectively, for personal, financial or medical reasons and had been required to travel to the UK for the procedure.  The applicants claimed that (the then) Irish law governing abortions, which was extremely restrictive in European terms in light of the constitutional protection of the right to life of the unborn, violated a number of Convention rights.  The original court dismissed the women’s claims with the exception of Article 8 (right to private life) claim of applicant ‘C’, who had sought an abortion on medical grounds.

“The first striking aspect of the re-written judgement in this collection lies in its approach to the interpretation; the suffering and the discrimination of the women experienced is placed at the centre of the chamber’s decision-making.  The feminist chamber found the harm caused to the women by the restrictive laws on abortion in Ireland could not be ignored, and that the gendered nature of the discrimination they suffered needed to be exposed.  The margin of appreciation, a tool of interpretation that can operate to restrict the court’s review of national legislation, is set aside in the rewritten judgment: gender discrimination is deemed a major goal of the Convention and Irish law deemed to exceed the State’s margin of appreciation.”  (from the Introduction, p. 18)

FEMINIST JUDGMENTS IN INTERNATIONAL LAW
Table of Contents

PART I.    INTRODUCTION
1. Feminist Judgments in International Law: An Introduction
Loveday Hodson and Troy Lavers

PART II:     GENERAL INTERNATIONAL LAW
Permanent Court of International Justice:
2.   Bozkurt Case, a.k.a. the Lotus Case (France v Turkey): Ships that Go Bump in the Night
Christine Chinkin, Gina Heathcote, Emily Jones and Henry Jones
International Court of Justice:
3.    Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide
Kasey McCall-Smith, Rhona Smith and Ekaterina Yahyaoui Krivenko
4.    The Lockerbie Case (Libyan Arab Jamahiriya v United States of America)
Kathryn Greenman and Troy Lavers
5.    Germany v Italy
Zoi Aliozi, Bérénice K. Schramm and Ekaterina Yahyaoui Krivenko
Court of Justice of the European Union:
6.    Gómez-Limón Sánchez-Camacho v Instituto Nacional de la Seguridad Social (INSS) and others
Marta Carneiro, Kirsten Ketscher and Freya Semanda

PART III:  HUMAN RIGHTS
European Court of Human Rights
7.    Christine Goodwin v the United Kingdom
Sara Bengtson, Damian Gonzalez-Salzberg, Loveday Hodson
and Paul Johnson
8.   Leyla Sahin v Turkey
Amel Alghrani, Amal Ali and Jill Marshall
9.    Burden v the United Kingdom
Nicola Barker
10.   Opuz v Turkey
Shazia Choudhry and Jonathan Herring
11.    A, B and C  v  Ireland
Helen Fenwick, Wendy Guns and Ben Warwick
12.    Ruusunen v Finland
Merris Amos, Maribel Canto-Lopez and Nani Jansen Reventlow
Committee on the Elimination of Discrimination against Women
13.    Cecilia Kell v Canada
Lolita Buckner Inniss, Jessie Hohmann and Enzamaria Tramontana

PART IV:   INTERNATIONAL CRIMINAL LAW
Special Court for Sierra Leone:
14.   AFRC Trial Judgment (Prosecutor v Brima, Kamara and Kanu)
Olga Jurasz, Sheri Labenski, Solange Mouthaan and Dawn Sedman
International Criminal Court:
15.   The Prosecutor v Thomas Lubanga Dyilo
Yassin M Brunger, Emma Irving and Diana Sankey
International Criminal Tribunal for the Former Yugoslavia
16.   Prosecutor v Radovan Karadžic
Celestine Greenwood

PART V:   CONCLUSION
17.   Prefiguring Feminist Judgment in International Law
Hilary Charlesworth
______________
Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.
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