5 The idea of the state
-
Hilary Charlesworth
Abstract
Statehood is fundamental to traditional international legal doctrine. This chapter investigates the international legal notion of statehood, the doctrine of recognition, aspects of statehood, such as jurisdiction and state responsibility, as well as the concept of self-determination as a way to acquire statehood. It points to the invisibility of women in the formation and application of these legal principles and studies their impact on women’s lives. The chapter examines self-determination and Palestinian women. The chapter challenges the standard idea that the state is a neuter, without a sexed identity and argues that the paradigm state is constructed in a gendered way, as male, with female features only in specific contexts. It considers ways in which the state could be reconceived using feminist ideas.
Abstract
Statehood is fundamental to traditional international legal doctrine. This chapter investigates the international legal notion of statehood, the doctrine of recognition, aspects of statehood, such as jurisdiction and state responsibility, as well as the concept of self-determination as a way to acquire statehood. It points to the invisibility of women in the formation and application of these legal principles and studies their impact on women’s lives. The chapter examines self-determination and Palestinian women. The chapter challenges the standard idea that the state is a neuter, without a sexed identity and argues that the paradigm state is constructed in a gendered way, as male, with female features only in specific contexts. It considers ways in which the state could be reconceived using feminist ideas.
Chapters in this book
- Front Matter i
- Contents v
- Foreword ix
- Preface xiii
- List of abbreviations xvi
- Dedication xviii
- Introduction to the 2022 edition xix
- 1 Women and the international legal system 1
- 2 Feminist theories and international law 23
- 3 Modes of international law- making 62
- 4 The law of treaties 96
- 5 The idea of the state 124
- 6 International institutions 171
- 7 Human rights 201
- 8 The use of force in international law 250
- 9 Peaceful settlement of disputes 275
- 10 Redrawing the boundaries of international law 308
- Bibliography 338
- Table of cases 379
- Table of treaties 385
- Index 401
Chapters in this book
- Front Matter i
- Contents v
- Foreword ix
- Preface xiii
- List of abbreviations xvi
- Dedication xviii
- Introduction to the 2022 edition xix
- 1 Women and the international legal system 1
- 2 Feminist theories and international law 23
- 3 Modes of international law- making 62
- 4 The law of treaties 96
- 5 The idea of the state 124
- 6 International institutions 171
- 7 Human rights 201
- 8 The use of force in international law 250
- 9 Peaceful settlement of disputes 275
- 10 Redrawing the boundaries of international law 308
- Bibliography 338
- Table of cases 379
- Table of treaties 385
- Index 401
