The Asian Yearbook of Human Rights and Humanitarian Law

Volume 3

Reihe: 

Bandherausgeber:innen
Javaid Rehman
,
Ayesha Shahid
, und
Steve Foster
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.

The focused theme of Volume 3 is Law, Gender and Sexuality.
Copyright-Jahr:
2019
E-Book (PDF)
Status:
Publiziert
ISBN:
978-90-04-40171-6
Publikation:
22 Jul 2019
Festeinband
Status:
Publiziert
ISBN:
978-90-04-40170-9
Publikation:
01 Aug 2019
Cover The Asian Yearbook of Human Rights and Humanitarian Law

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Front Matter
Dedication
Editorial
International Conference: Law, Gender and Sexuality, Friday, 26 October 2018
Coming ‘Home’? Legal Developments Relating to Transgender Communities and Implications for Muslim Family Law
#MeToo, Sex Wars 2.0 and the Power of Law
Necessity of Recognition of Same-Sex Marriages Concluded Abroad
Universalism or Cultural Relativism? Case Study of Same-Sex Marriage in Taiwan
Gendered Human Rights and Medical Sexing Interventions upon Intersex Children: A Preliminary Enquiry
Sticking to Their Guns: The United Nations’ Failure to See the Potential of Islamic Feminism in the Promotion of Women’s Rights in Afghanistan
ART, Surrogacy, Federalism and Jus Sanguinis Citizenship in the US, Australia, and Canada
Gender Imaginaries, Child Soldiering, and International Criminal Law
Responses of Resilience: The Delhi Gang Rape
Women’s Rights on Trial: Gender Equality in a Family Court in Ben Ali’s Tunisia
Where Are You Going, Snail? Legal Recognition of Same-Sex Relationships in Japan
Democratising Criminal Justice Systems: Sexual Violence Cases in the Citizen Judge Trials in Japan
Chinese Migrant Children: Do They Have the Right to Education?
From Faskh to Khula: Transformation of Muslim Women’s Right to Divorce in Pakistan (1947-2017)
Rape as Play: Yellow Peril Panic and a Defence of Fantasy
Trans* Legalities: Preliminary Study of Files on the Recognition of Trans* Identities in Peru
Sexual Politics and Law in Iran: The Narrative Surrounding the 2013 Bills
A Feminist Critique of Indian Criminal Law
Crime, Discrimination and Freedom in Asia
Justice in Exile? The Implications of ‘Temporary Exclusion Orders’ for the Right to a Fair Trial
An Appraisal of the Constitutional Developments and Its Impact on the Political Economy of Pakistan
Women’s Right to Social Security and Social Protection: Mapping the Gaps in the Jurisprudence of the UN Human Rights Treaty Bodies
Summaries of Proceedings of Human Rights Monitoring Bodies
Book Review 1: The Business of Transition: Law Reform, Development and Economics in Myanmar, edited by Melissa Crouch, 2017
Book Review 2: The Making of International Human Rights, written by Steven L.B. Jensen, 2016
Book Review 3: Islamic Law: Cases, Authorities and World View, written by Ahmed Atif Ahmed, 2017
Book Review 4: Proportionality and the Rule of Law: Rights, Justification, Reasoning, edited by Grant Huscroft, Bradley W. Miller & Grégoire Webber, 2014 596
Contents

Editorial
 Javaid Rehman, Ayesha Shahid and Steve Foster
International Conference: Law, Gender and Sexuality Friday, 26 October

Part 1: Focused Theme: Law, Gender and Sexuality


 1 Coming ‘Home’? Legal Developments Relating to Transgender Communities and Implications for Muslim Family Law
 Shaheen Sardar Ali
 2 #MeToo, Sex Wars 2.0 and the Power of Law
 Brenda Cossman
 3 Necessity of Recognition of Same-Sex Marriages Concluded Abroad
 Ewa Kamarad
 4 Universalism or Cultural Relativism?: Case Study of Same-Sex Marriage in Taiwan
 Erich Hou
 5 Gendered Human Rights and Medical Sexing Interventions upon Intersex Children: A Preliminary Enquiry
 Giovanna Gilleri
 6 Sticking to Their Guns: The United Nations’ Failure to See the Potential of Islamic Feminism in the Promotion of Women’s Rights in Afghanistan
 Farnush Ghadery
 7 ART, Surrogacy, Federalism and Jus Sanguinis Citizenship in the US, Australia, and Canada
 Scott Titshaw
 8 Gender Imaginaries, Child Soldiering, and International Criminal Law
 Monica Ingber
 9 Response of Resilience: The Delhi Gang Rape
 Karenjot Bhangoo Randhawa
 10 Women’s Rights on Trial: Gender Equality in a Family Court in Ben Ali’s Tunisia
 Sarah Grosso
 11 Where Are You Going, Snail? Legal Recognition of Same-Sex Relationships in Japan
 Yoshiaki Sato
 12 Democratising Criminal Justice Systems: Sexual Violence Cases in the Citizen Judge Trials in Japan
 Yumiko Kita

Part 2: General Articles


 13 Chinese Migrant Children: Do They Have the Right to Education?
 Margaret Liu
 14 From Faskh to Khula: Transformation of Muslim Women’s Right to Divorce in Pakistan (1947-2017)
 Muhammad Zubair Abbasi
 15 Rape as Play: Yellow Peril Panic and a Defence of Fantasy
 Ummni Khan and Jean Ketterling
 16 Trans* Legalities: Preliminary Study of Files on the Recognition of Trans* Identities in Peru
 Carlos J. Zelada and Carolina Neyra–Sevilla

Part 3: Recent Developments and State Practice


 17 Sexual Politics and Law in Iran: The Narrative Surrounding the 2013 Bills
 Anicée Van Engeland
 18 A Feminist Critique of Indian Criminal Law
 Thulasi K. Raj and Chandni Chawla
 19 Crime, Discrimination and Freedom in Asia
 Matthias Vanhullebusch
 20 Justice in Exile? The Implications of ‘Temporary Exclusion Orders’ for the Right to a Fair Trial
 Ben Stanford
 21 An Appraisal of the Constitutional Developments and Its Impact on the Political Economy of Pakistan
 Naveed Ahmed
 22 Women’s Right to Social Security and Social Protection: Mapping the Gaps in the Jurisprudence of the UN Human Rights Treaty Bodies
 S. Pandiaraj

Part 4: Documents Section


Summaries of Proceedings of Human Rights Monitoring Bodies
 Denise Venturi and Silvia Venier

Part 5: Book Reviews


The Business of Transition: Law Reform, Development and Economics in Myanmar
 Melissa Crouch (ed.)
 (Cambridge | Cambridge University Press 2017)
The Making of International Human Rights
The 1960s, Decolonization and the Reconstruction of Global Values
 Steven L.B. Jensen
 (Cambridge | New York: Cambridge University Press, 2016)
Islamic Law: Cases, Authorities and World View
 Ahmed Atif Ahmed
 (London | New York: Bloomsbury Academic, 2017)
Proportionality and the Rule of Law: Rights, Justification, Reasoning
 Grant Huscroft, Bradley W. Miller & Grégoire Webber (eds.)
 (Cambridge | New York: Cambridge University Press, 2014)
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