Melbourne Law School - Research Publications

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    International Law and the Social Question
    Orford, A (Asser Press, 2020)
    While international law has played a central role in creating the conditions for market liberalization on a global scale, many international lawyers have paid less attention to the social question - that is, the question of who is able to participate in political decision-making about economic relations and property rights. The current moment of perceived backlash to international law and institutions offers an opportunity to think again about the ways of relating politics, economics, and the social that have been consolidated through international law and to do so by posing the issue as a question of representation. How might international economic law-making and adjudication be re-embedded within political processes? And how can foundational political questions about property, security, survival, and freedom be returned to democratic control?
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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.