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The Asian Yearbook of Human Rights and Humanitarian Law
Volume 3
Series:
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.
The focused theme of Volume 3 is Law, Gender and Sexuality.
Contents
Editorial
Javaid Rehman, Ayesha Shahid and Steve Foster
International Conference: Law, Gender and Sexuality Friday, 26 October
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
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
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
Summaries of Proceedings of Human Rights Monitoring Bodies
Denise Venturi and Silvia Venier
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)
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)