Melbourne Law School - Research Publications

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Author: Orford, Anne × End date: 2006 × Start date: 2000 ×

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    A Jurisprudence of the Limit
    ORFORD, A. (Cambridge University Press, 2006)
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    Reading humanitarian intervention: Human rights and the use of force in international law
    Orford, A (Cambridge University Press, 2003-01-01)
    During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.
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    The Destiny of International Law
    Orford, A (Cambridge University Press (CUP), 2004-01-01)
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    Beyond Harmonization: Trade, Human Rights and the Economy of Sacrifice
    Orford, A (Cambridge University Press (CUP), 2005-01-01)
    This article engages with the current internationalist debate about the ‘linkage’ or the proper relationship of trade and human rights law. The debate, as played out in activist commentary, scholarly journals and the reports of international institutions, is largely concerned with the substantive obligations or normative commitments involved in the two fields. This article seeks to address instead the forms of law (the patterns of relations and subject positions) that transmit, frame or accompany these obligations and commitments. It suggests that focusing on this question of the forms of law is helpful, perhaps even necessary, in developing an understanding of the political effects of appealing to democratic participation as a counter to the excesses of economic globalization. The particular focus of the article is on WTO agreements that pursue the goal of regulatory harmonization as a means of achieving greater market access and economic integration. It explores the relationship between the form of law mandated by these harmonization agreements (the form of sacrifice), and the form of law envisaged in an appeal to democratic political participation (the form of abandonment).
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    Feminism, Imperialism and the Mission of International Law
    Orford, (Brill, 2002)
    Abstract This special issue of the Nordic Journal of International Law is testimony to the range of international interventions that have been enabled by the energies and insights of feminism. Each of the contributions to this issue is an attempt to think through what it means to read and write feminist legal theory in an age dominated by internationalist narratives, whether of globalization and harmonization, or of high-tech wars on terror and for humanity. This introductory article sketches some of the ethical and political questions that face those of us who attempt to develop a feminist practice of engaging with the projects of international law, whether in the fields of human rights, military intervention, post-conflict reconstruction or economic globalization. In particular, I explore the extent to which feminist internationalism is haunted by the shades of those nineteenth-century European feminists whose role in facilitating empire is undergoing much exploration. In order to think through the ethical issues involved in developing a feminist reading of international law, this article outlines some of the ways in which feminist legal theory is invited to participate in the project of constituting women and the international community. I consider some of the dangers involved in accepting this invitation, and propose alternative methodologies for undertaking the risky project of reading international law.
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    Commissioning the Truth
    ORFORD, A ( 2006)