当前货币:HKD

您的购物车中没有商品。

Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent

Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509953585
  • 出版时间 July 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509921898
¥457.78
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    This work introduces and further develops the feminist strategy of 'norm transfer': the proposal that feminist informed standards created at the level of international criminal law make their way into domestic contexts. Situating this strategy within the complementarity regime of the International Criminal Court (ICC), it is argued that there is an opportunity for dialogue and debate around the contested aspects of international norms as opposed to uncritical acceptance. The book uses the crime of rape as a case study and offers a new perspective on one of the most contentious debates within international and domestic criminal legal feminism: the relationship between consent and coercion in the definition of rape. In analysing the ICC definition of rape, it is argued that the omission of consent as an explicit element is flawed. Arguing that the definition is in need of revision to explicitly include a context-sensitive notion of consent, the book goes further, setting out draft legislative amendments to the ICC 'Elements of Crimes' definition of rape and its Rules of Procedure and Evidence. Turning its attention to the domestic landscape, the book drafts amendments to the United Kingdom (UK) Sexual Offences Act 2003 and to the Youth Justice and Criminal Evidence Act 1999: thereby showing how the revised version of the ICC definition can be applied in context of the UK.

  • PART I: THE LEGAL AND THEORETICAL CONTEXT
    1. Rethinking Feminist Engagement with International Criminal Law: An Introduction
    I. Key Terms and Scope of the Study
    II. Setting the Theoretical and Legal Context
    III. Contribution to Scholarship
    IV. Methodology: From Theory to Practice
    V. Recurrent Themes
    VI. Chapter Synopsis
    2. Feminism and International Criminal Law: Key Tensions
    I. Introduction
    II. Feminist Intervention into International Criminal Law
    III. 'Running Hard to Stand Still': Feminism and the Criminal Justice Apparatus
    IV. International Criminal Law as a Lost Cause? Framing Future Directions
    V. Conclusion
    3. The Feminist Strategy of Norm Transfer and the Complementarity Regime of the International Criminal Court
    I. Introduction
    II. Norm Transfer as a Feminist Strategy
    III. Norm Transfer and the Role of the ICC's Complementarity Regime
    IV. Norm Transfer as a Dialogue and the Definition of Rape
    V. Conclusion
    PART II: RAPE AS A CASE STUDY
    4. Defining Rape in International Criminal Law: Development and Divergence
    I. Introduction
    II. Defining the Crime of Rape at the ad hoc Tribunals: Judicial Development
    III. Defining the Crime of Rape at the ICC
    IV. Domestic Approaches to Defining Rape
    V. Conclusion
    5. Rape in War, Rape in Peace: A New Typology of the Wrong of Rape
    I. Introduction
    II. Rape in Conflict: Innovation and Exceptionalism
    III. Rape in Peace: The Egregious of the Everyday
    IV. Conceptualising the Wrong of Rape at the ad hoc Tribunals: A New Typology
    V. Conclusion
    6. A Feminist Critique of the International Legal Definition(s) of Rape and the Prospect of Norm Transfer
    I. Introduction
    II. The Consent Threshold as Inappropriate in International Criminal Law
    III. The Importance of Consent and the Politics of Representation
    IV. Assessing the Competing Feminist Perspectives
    V. The ICC Definition and the Feminist Strategy of Norm Transfer
    VI. Revising the ICC Definition of Rape
    VII. Conclusion
    PART III: SHAPING FUTURE DIALOGUE ON NORM TRANSFER
    7. Conclusion: Norm Transfer as a Dialogue
    I. Norm Transfer as a Dialogue
    II. The Relationship between Consent and Coercion
    III. Legislative Drafting as a Feminist Methodology

你可能需要

The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: ¥517.94

¥502.40 Save ¥15.54 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
¥3,420.66
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: ¥1,297.20

¥1,258.28 Save ¥38.92 (3%)

Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)
Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)

List Price: ¥3,290.00

¥3,191.30 Save ¥98.70 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: ¥3,365.20

¥3,264.24 Save ¥100.96 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: ¥2,143.20

¥2,078.90 Save ¥64.30 (3%)

Butterworths Hong Kong Company Law Handbook, 26th Edition
Butterworths Hong Kong Company Law Handbook, 26th Edition

List Price: ¥4,136.00

¥4,011.92 Save ¥124.08 (3%)

Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition
Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

List Price: ¥1,955.20

¥1,896.54 Save ¥58.66 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: ¥2,350.00

¥2,279.50 Save ¥70.50 (3%)

Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)

List Price: ¥3,006.12

¥2,915.94 Save ¥90.18 (3%)

Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)

List Price: ¥2,672.42

¥2,592.25 Save ¥80.17 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: ¥462.48

¥448.61 Save ¥13.87 (3%)

Private Equity in Hong Kong and China, 4th Edition
Private Equity in Hong Kong and China, 4th Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Brooke's Notary Hong Kong, 3rd Edition
Brooke's Notary Hong Kong, 3rd Edition

List Price: ¥1,598.00

¥1,550.06 Save ¥47.94 (3%)

Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition
Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition

List Price: ¥1,974.00

¥1,914.78 Save ¥59.22 (3%)