Download or read book Consent in the Presence of Force written by Emily A. Owens and published by UNC Press Books. This book was released on 2022-12-06 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: In histories of enslavement and in Black women's history, coercion looms large in any discussion of sex and sexuality. At a time when sexual violence against Black women was virtually unregulated—even normalized—a vast economy developed specifically to sell the sexual labor of Black women. In this vividly rendered book, Emily A. Owens wrestles with the question of why white men paid notoriously high prices to gain sexual access to the bodies of enslaved women to whom they already had legal and social access. Owens centers the survival strategies and intellectual labor of Black women enslaved in New Orleans to unravel the culture of violence they endured, in which slaveholders obscured "the presence of force" with arrangements that included gifts and money. Owens's storytelling highlights that the classic formulation of rape law that requires "the presence of force" and "the absence of consent" to denote a crime was in fact a key legal fixture that packaged predation as pleasure and produced, rather than prevented, violence against Black women. Owens dramatically reorients our understanding of enslaved women's lives as well as of the nature of violence in the entire venture of racial slavery in the U.S. South. Unsettling the idea that consent is necessarily incompatible with structural and interpersonal violence, this history shows that when sex is understood as a transaction, women are imagined as responsible for their own violation.

Download or read book Digest of International Law written by Marjorie Millace Whiteman and published by . This book was released on 1963 with total page 1142 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book When Rape was Legal written by Rachel A. Feinstein and published by Routledge. This book was released on 2018-09-03 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Rape was Legal is the first book to solely focus on the widespread rape perpetrated against enslaved black women by white men in the United States. The routine practice of sexual violence against enslaved black women by white men, the motivations for this rape, and the legal context that enabled this violence are all explored and scrutinized. Enlightening analysis found that rape was not merely a result of sexual desire and opportunity, or simply a form of punishment and racial domination, but instead encompassed all of these dimensions as part of the identity of white masculinity. This provocative text highlights the significant role that white women played in enabling sexual violence against enslaved black women through a variety of responses and, at times, through their lack of response to the actions of the white men in their lives. Significantly, this book finds that sexual violence against enslaved black women was a widespread form of oppression used to perform white masculinity and reinforce an intersectional hierarchy. Additionally, white women played a vital role by enabling this sexual violence and perpetuating the subordination of themselves and those subordinate to them.

Download or read book Prohibited Force written by Erin Pobjie and published by Cambridge University Press. This book was released on 2024-02-29 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prohibited 'use of force' under article 2(4) of the UN Charter and customary international law has until now not been clearly defined, despite its central importance in the international legal order and for international peace and security. This book accordingly offers an original framework to identify prohibited uses of force in areas that are usually less studied, such as those that use emerging technology or take place in newer military domains like outer space. In doing so, Erin Pobjie explains the emergence of the customary prohibition and its relationship with article 2(4) and identifies the elements of a prohibited 'use of force'. In a major contribution to the scholarship, the book proposes a framework that defines a 'use of force' in international law and applies this framework to illustrative case studies to demonstrate its usefulness as a tool for students, legal scholars, and practitioners.

Download or read book Sexual Harassment of Working Women written by Catharine A. MacKinnon and published by Yale University Press. This book was released on 1979-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive legal theory is needed to prevent the persistence of sexual harassment. Although requiring sexual favors as a quid pro quo for job retention or advancement clearly is unjust, the task of translating that obvious statement into legal theory is difficult. To do so, one must define sexual harassment and decide what the law's role in addressing harassment claims should be. In Sexual Harassment of Working Women,' Catharine Mac-Kinnon attempts all of this and more. In making a strong case that sexual harassment is sex discrimination and that a legal remedy should be available for it, the book proposes a new standard for evaluating all practices claimed to be discriminatory on the basis of sex. Although MacKinnon's "inequality" theory is flawed and its implications are not considered sufficiently, her formulation of it makes the book a significant contribution to the literature of sex discrimination. MacKinnon calls upon the law to eliminate not only sex dis- crimination but also most instances of sexism from society. She uses traditional theories in an admittedly strident manner, and relies upon both traditional and radical-feminist sources. The results of her effort are mixed. The book is at times fresh and challenging, at times needlessly provocative. -- https://www.jstor.org (Sep. 30, 2016).

Download or read book International Law and the Use of Force written by Christine Gray and published by Oxford University Press. This book was released on 2018-02-08 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the large and controversial subject of the use of force in international law. It examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the increasing role of regional organizations in the maintenance of international peace and security. The UN Charter framework is under challenge. Russia's invasion of Georgia and intervention in Ukraine, the USA's military operations in Syria, and Saudi Arabia's campaign to restore the government of Yemen by force all raise questions about the law on intervention. The 'war on terror' that began after the 9/11 terrorist attacks on the USA has not been won. It has spread far beyond Afghanistan: it has led to targeted killings in Pakistan, Somalia, and Yemen, and to intervention against ISIS in Iraq and Syria. Is there an expanding right of self-defence against non-state actors? Is the use of force effective? The development of nuclear weapons by North Korea has reignited discussion about the legality of pre-emptive self-defence. The NATO-led operation in Libya increased hopes for the implementation of 'responsibility to protect', but it also provoked criticism for exceeding the Security Council's authorization of force because its outcome was regime change. UN peacekeeping faces new challenges, especially with regard to the protection of civilians, and UN forces have been given revolutionary mandates in several African states. But the 2015 report Uniting Our Strengths reaffirmed that UN peacekeeping is not suited to counter-terrorism or enforcement operations; the UN should turn to regional organizations such as the African Union as first responders in situations of ongoing armed conflict.

Download or read book Extraterritorial Use of Force against Non State Actors written by Dire Tladi and published by BRILL. This book was released on 2022-05-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study assesses the rules of international law relevant to the use of force against non-State actors. The rules of international law on the use of force are the lynchpin of the project of international law for a more secure and peaceful world. Yet, as important as they are, the rules of international law on the use of force are also highly contentious. With the shift in the nature of conflicts from inter-State wars to conflicts involving non-State actors, and with the growth in the threat of global terrorism, the focus of the law on the use of force has shifted to the use of force against non-State actors. To assess the permissibility of the use of force against non-State actors, this study will focus on two grounds that have been advanced as bases for the extraterritorial use of force against non-State actors: the right of a State to act in self-defence and intervention by invitation. While there are other grounds that have been advanced for the extraterritorial use of force in international law, it is only in respect of these two grounds that the role of non-State actors has a significant influence on the legality or not of the use of force.

Download or read book UN Peacekeeping Doctrine in a New Era written by Cedric de Coning and published by Routledge. This book was released on 2017-02-20 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers a thorough review of peacekeeping theory and reality in contemporary contexts, and aligns the two to help inform practice. Recent UN peacekeeping operations have challenged the traditional peacekeeping principles of consent, impartiality and the minimum use of force. The pace and scope of these changes have now reached a tipping point, as the new mandates are fundamentally challenging the continued validity of the UN peacekeeping’s core principles and identity. In response the volume analyses the growing gap between these actual practices and existing UN peacekeeping doctrine, exploring how it undermines the effectiveness of UN operations, and endangers lives, arguing that a common doctrine is a critical starting point for effective multi-national operations. In order to determine the degree to which this general principle applies to the current state of UN peacekeeping, this book: Provides a review of conceptual and doctrinal developments in UN peacekeeping operations through a historical perspective Examines the debate related to peace operations doctrine and concepts among key Member States Focuses on the actual practice of peacekeeping by conducting case studies of several UN peacekeeping missions in order to identify gaps between practice and doctrine Critically analyses gaps between emerging peacekeeping practice and existing doctrine Recommends that the UN moves beyond the peacekeeping principles and doctrine of the past Combining empirical case-based studies on UN peace operations, with studies on the views and policies of key UN Security Council members that generate these mandates, and views of key contributors of UN peacekeepers, this volume will be of great use to policy-makers; UN officials and peace operations practitioners; and academics working on peace and conflict/security studies, international organizations and conflict management.

Download or read book Military Assistance on Request and the Use of Force written by Erika De Wet and published by Oxford University Press. This book was released on 2020-03-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.

Download or read book Use of Force War and Neutrality Peace Treaties A M written by Rudolf Bernhardt and published by Elsevier. This book was released on 2014-05-12 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encyclopedia of Public International Law, 3: Use of Force, War, and Neutrality Peace Treaties (A-M) focuses on hostile inter-State relations and associated questions, including the use of force, war, neutrality, and peace treaties. The publication first elaborates on the Munich Agreement, mines, militias, military reconnaissance, objectives, necessity, government, and forces abroad, mercenaries, liberation movements, land warfare, intervention, international military force, indiscriminate attack, and the Kellogg-Briand Pact (1928). The text then ponders on humanitarian law and armed conflict, flags and uniform in wars, enemies and enemy subjects, disarming of belligerents by neutrals, demarcation line, deserters, economic warfare, combatants, contributions, and contraband. The book examines collective punishment, measures, security, and self-defense, boundary settlements between Germany and her western neighbor states after World War II, bombardment, armistice, arms control, Asama Maru incident, air warfare, and alliance. The text is a vital source of data for researchers interested in the use of force, war, and neutrality peace treaties.

Download or read book United Nations Peacekeeping in the Post Cold War Era written by John Terence O'Neill and published by Routledge. This book was released on 2005-10-05 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new study questions whether peacekeeping fundamentally changed between the Cold War and Post-Cold War periods. Focusing on contrasting case studies of the Congo, Cyprus, Somalia and Angola, as well as more recent operations in Sierra Leone and East Timor, it probes new evidence with clarity and rigour. The authors conclude that most peacekeeping operations - whether in the Cold War or Post-Cold War periods - were flawed due to the failure of the UN member states to agree upon achievable objectives, the precise nature of the operations and provision of the necessary resources, and unrealistic post-1989 expectations that UN peacekeeping operations could be adapted to the changed international circumstances. The study concludes by looking at the Brahimi reforms, questions whether these are realistically achievable and looks at their impact on contemporary peace operations in Sierra Leone, East Timor and elsewhere.

Download or read book Oppenheim s International Law United Nations written by Rosalyn Higgins and published by Oxford University Press. This book was released on 2017-10-12 with total page 1642 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

Download or read book International Humanitarian Law written by Nicholas Tsagourias and published by Cambridge University Press. This book was released on 2023-09-07 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinctive qualities of the second edition continue to be (i) a comprehensive and systematized presentation of cases and materials; (ii) diversity in the selected materials; (iii) accessibility; (iv) targeted commentaries; (v) can act as a standalone resource or as accompaniment to IHL textbooks.

Download or read book Legal problems arising from the United Nations military operations in the Congo written by R. Simmonds and published by Springer. This book was released on 2012-12-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few episodes in recent history have aroused as much controversy as the United Nations military operations in the Congo. This controversy has no simple, straight-forward, and uniform explanation. Part of the explanation is to be found in the successes and failure of the operation itself; part in its labyrinthine international ramifications. But the most important explanation lies in its significance as a precedent. The ability of the Organization to take "collective measures" to maintain law and order within the territory of a Member State, albeit as a means of preserving international peace, was demonstrated, challenged and criticized. So much has been reported of the details and so varied has been the commentary that only the most intrepid spirit would venture something more with which to detain interested parties. The present study does not pretend to uncover new data so as to complete or correct the his torical record; it attempts, rather, to reflect on what has already been brought out and, against that background of factual knowledge, to indi cate and examine the legal problems involved. In so doing, it has been necessary to be ruthless in deciding what are central issues and in re jecting what is often interesting but probably peripheral.

Download or read book Public Papers of the Secretaries General of the United Nations written by Andrew W. Cordier and published by Columbia University Press. This book was released on 2010-06-01 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Papers of the Secretaries General of the United Nations

Download or read book Consent written by Vanessa Springora and published by HarperCollins. This book was released on 2021-02-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Consent” is a Molotov cocktail, flung at the face of the French establishment, a work of dazzling, highly controlled fury...By every conceivable metric, her book is a triumph.” -- The New York Times Already an international literary sensation, an intimate and powerful memoir of a young French teenage girl’s relationship with a famous, much older male writer—a universal #MeToo story of power, manipulation, trauma, recovery, and resiliency that exposes the hypocrisy of a culture that has allowed the sexual abuse of minors to occur unchecked. Sometimes, all it takes is a single voice to shatter the silence of complicity. Thirty years ago, Vanessa Springora was the teenage muse of one of the country’s most celebrated writers, a footnote in the narrative of a very influential man in the French literary world. At the end of 2019, as women around the world began to speak out, Vanessa, now in her forties and the director of one of France’s leading publishing houses, decided to reclaim her own story, offering her perspective of those events sharply known. Consent is the story of one precocious young girl’s stolen adolescence. Devastating in its honesty, Vanessa’s painstakingly memoir lays bare the cultural attitudes and circumstances that made it possible for a thirteen-year-old girl to become involved with a fifty-year-old man who happened to be a notable writer. As she recalls the events of her childhood and her seduction by one of her country’s most notable writers, Vanessa reflects on the ways in which this disturbing relationship changed and affected her as she grew older. Drawing parallels between children’s fairy tales and French history and her personal life, Vanessa offers an intimate and absorbing look at the meaning of love and consent and the toll of trauma and the power of healing in women’s lives. Ultimately, she offers a forceful indictment of a chauvinistic literary world that has for too long accepted and helped perpetuate gender inequality and the exploitation and sexual abuse of children. Translated from the French by Natasha Lehrer "...One of the belated truths that emerges from [Consent] is that Springora is a writer. [...]Her sentences gleam like metal; each chapter snaps shut with the clean brutality of a latch." -- The New Yorker "Consent [is] rapier-sharp, written with restraint, elegance and brevity." -- The Times (London) "[Consent] has something steely in its heart, and it departs from the typical American memoir of childhood abuse in exhilarating ways." -- Slate "Lucid and nuanced...[Consent] will speak to trauma survivors everywhere." -- Los Angeles Review of Books ”A piercing memoir about the sexually abusive relationship she endured at age 14 with a 50-year-old writer...This chilling account will linger with readers long after the last page is turned.” -- Publishers Weekly "Springora's lucid account is a commanding discussion of sexual abuse and victimization, and a powerful act of reclamation." -- Booklist "A chilling story of child abuse and the sophisticated Parisians who looked the other way...[Springora] is an elegant and perceptive writer." -- Kirkus

Download or read book Wicked Flesh written by Jessica Marie Johnson and published by University of Pennsylvania Press. This book was released on 2020-08-28 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of freedom pivots on the choices black women made to retain control over their bodies and selves, their loved ones, and their futures. The story of freedom and all of its ambiguities begins with intimate acts steeped in power. It is shaped by the peculiar oppressions faced by African women and women of African descent. And it pivots on the self-conscious choices black women made to retain control over their bodies and selves, their loved ones, and their futures. Slavery's rise in the Americas was institutional, carnal, and reproductive. The intimacy of bondage whet the appetites of slaveowners, traders, and colonial officials with fantasies of domination that trickled into every social relationship—husband and wife, sovereign and subject, master and laborer. Intimacy—corporeal, carnal, quotidian—tied slaves to slaveowners, women of African descent and their children to European and African men. In Wicked Flesh, Jessica Marie Johnson explores the nature of these complicated intimate and kinship ties and how they were used by black women to construct freedom in the Atlantic world. Johnson draws on archival documents scattered in institutions across three continents, written in multiple languages and largely from the perspective of colonial officials and slave-owning men, to recreate black women's experiences from coastal Senegal to French Saint-Domingue to Spanish Cuba to the swampy outposts of the Gulf Coast. Centering New Orleans as the quintessential site for investigating black women's practices of freedom in the Atlantic world, Wicked Flesh argues that African women and women of African descent endowed free status with meaning through active, aggressive, and sometimes unsuccessful intimate and kinship practices. Their stories, in both their successes and their failures, outline a practice of freedom that laid the groundwork for the emancipation struggles of the nineteenth century and reshaped the New World.