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"Stacy, Helen"
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International Law and the Future of Freedom
International Law and The Future of Freedom is the late John Barton's exploration into ways to protect our freedoms in the new global international order. This book forges a unique approach to the problem of democracy deficit in the international legal system as a whole-looking at how international law concretely affects actual governance. The book draws from the author's unparalleled mastery of international trade, technology, and financial law, as well as from a wide array of other legal issues, from espionage law, to international criminal law, to human rights law.
The book defines the new and changing needs to assert our freedoms and the appropriate international scopes of our freedoms in the context of the three central issues that our global system must resolve: the balance between security and freedom, the balance between economic equity and opportunity, and the balance between community and religious freedom. Barton explores the institutional ways in which those rights can be protected, using a globalized version of the traditional balance of powers division into the global executive, the global legislature, and the global judiciary.
eBook
Relational Sovereignty
In a global setting, international human rights law is framing the new notion of relational sovereignty. Relational sovereignty proposes that the concepts of the state as Hobbesian national protectorate and the Lockean limited constitutional state are inadequate because they fail to account for today's historical conditions and intellectual trends.
Journal Article
Postmodern feminist justice: Identity and reform
Stacy discusses the legal categories that are available to women when they come before legal institutions for legal validation. Stacy believes that no matter what capacity a woman appears before the law, she has little agency to speak in her own terms.
Journal Article
Mabo as a Social Text
Examines gaps in the Australian High Court's perceptions of Australian Aboriginal identity, exhibited in their Mabo decision of 1992. Mabo's landmark status is in tension with its narrow legal effect, which derives from the High Court's confined definition of Aboriginality & its reading of law as a form of anonymous or transcendental agency. It is contended here that, despite the near-disappearance of the subjects & objects in Mabo, the decision nevertheless provides some points of slippage that allow for reformulations of Aboriginal identity beyond the present. 22 References. Adapted from the source document.
Journal Article
SUSTAINING ESD IN AUSTRALIA
Sustainable development in Australia has progressed since the federal government's 1989 response to \"Our Common Future\". Ecology's insights of the blurred spatial and temporal boundaries in nature can help the legal praxis of ESD. This article draws upon these insights to suggest theoretical and legal institutional repsonses to environmental degradation.
Journal Article
SOVEREIGNTY: ESSENTIAL, VARIEGATED, OR IRRELEVANT?
If sovereignty is the essential attribute of statehood, and states are the essential constituent members of the international community, then one could reasonably understand sovereignty to touch on virtually all of international law. Sovereignty as the liberty of states within the limits of international law is open for the development of international law in the process of globalization. Sovereignty as responsibility is not only important in the context of humanitarian intervention, but also for terrorism, human rights, and other areas. Although cosmopolitan liberals assert international human rights as a limit on the sovereign pursuit of political ends, the proliferation of internationally certified human rights identify the human rights project as nothing less than a quest to bring about the conditions of a dignified human existence. Fundamental human concerns necessitate uniquely political decisions. The state represents the only community in the name of which the ineluctably contentious decisions needed to structure social life can be effectively made and enforced.
Conference Proceeding
