Hilary Charlesworth
Biographic Data
| ID | 984079 |
|---|---|
| NAME | Hilary Charlesworth |
| GIVEN NAMES | Hilary |
| FAMILY NAME | Charlesworth |
| SIGNATURE | CHARLESWORTH H |
| AFFILIATIONS | Australian National University |
| ORCID | 0000-0002-0236-6503 |
| VERIFIED | Yes |
| TOTAL WORKS | 27 |
| TOTAL CITATIONS | 256 |
| AUTHOR COUNT | 24 |
| EDITOR COUNT | 3 |
| FIRST PUBLICATION YEAR | 1985 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 7 |
SIM Peter Baehr lecture 2023: Human rights and the International Court of Justice
The annual SIM Peter Baehr lecture celebrates the founding of the Netherlands Institute of Human Rights (SIM) in 1981 and commemorates the late Peter Baehr, one of SIM's former directors and an eminent human rights scholar. The 2023 lecture was delivered at Utrecht University on 30 November by Hilary Charlesworth, judge at the International Court of Justice and renowned scholar of international law and human rights
James Crawford and the art of law
James Crawford's death has been marked by tributes from far and wide. These range from the solemn beauty of the International Court of Justice's memorial service, the poignant family service in the Hague, to conference panels, 1 obituaries, 2 and memoirs. 3 A strikingly consistent picture emerges from these diverse sources. It is universally acknowledged that James was a brilliant scholar and peerless advocate before international courts and trib…
Australia in the UN Human Rights Council through the eyes of Andrew Byrnes and Andrea Durbach
A recurring theme in both Andrew Byrnes and Andrea (Andy) Durbach’s research and activism is the uncertain status of the international human rights system in Australian law, and they have worked in many different capacities to encourage Australian lawmakers to take international standards seriously. Overall, Australia seems to assume that the international human rights system is designed to bring pressure on other countries to improve their prote…
Feminist Scholarship on International Law in the 1990s and Today: An Inter-Generational Conversation
Human Rights and the Universal Periodic Review: Rituals and Ritualism
The Universal Periodic Review is an intriguing and ambitious development in human rights monitoring which breaks new ground by engaging all 193 members of the United Nations. This book provides the first sustained analysis of the Review and explains how the Review functions within the architecture of the United Nations. It draws on socio-legal scholarship and the insights of human rights practitioners with direct experience of the Review in order…
Internal and external affairs: The Koowarta case in context
This article is partly based on observation of the High Court deliberations on the Koowarta case in 1982 and partly on reflection on its significance in defining the relationship between the Australian legal system and international law. It also contrasts the broad approach of the majority to the external affairs power with its analysis of the races power. The article suggests that the intense legal debates about the proper spheres of internation…
Human Rights: The Hard Questions
The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume, distinguishe…
Networked Governance of Freedom and Tyranny: Peace in Timor-Leste
This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twent…
Networked Governance of Freedom and Tyranny: Peace in Timor-Leste
This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various
Feminist Reflections on the Responsibility to Protect
This paper offers a feminist analysis of the responsibility to protect principle. It outlines some themes in feminist scholarship in international law and then uses these to explore the idea of a responsibility to protect. The paper argues that, despite some resonance with feminist concerns, the doctrine has been developed in a limited context, effectively privileging male elites and masculine modes of reasoning
Reconciliation and Architectures of Commitment: Sequencing peace in Bougainville
O'Callaghan's retort, abruptly ending the conversation, was 'Well change your ******* paradigm'.Australia did change its paradigm, leading a regional peacekeeping intervention in the Solomon Islands in 2003 that so far has restored peace, with Hugh White a critical catalyst of the policy shift.During the intervening years, O'Callaghan had campaigned
Reconciliation and Architectures of Commitment: Sequencing peace in Bougainville
Following a bloody civil war, peace consolidated slowly and sequentially in Bougainville. That sequence was of both a top-down architecture of credible commitment in a formal peace process and layer upon layer of bottom-up reconciliation. Reconciliation was based on indigenous traditions of peacemaking. It also drew on Christian traditions of reconciliation, on training in
Feminist Internationalisms
The Role of International Law in Rebuilding Societies after Conflict: Great Expectations
International law can create great expectations in those seeking to rebuild societies that have been torn apart by conflict. For outsiders, international law can mandate or militate against intervention, bolstering or undermining the legitimacy of intervention. International legal principles promise equality, justice and human rights. Yet international law's promises are difficult to fulfil. This volume of essays investigates the phenomenon of po…
Role of International Law in Rebuilding Societies after Conflict: Great Expectations
Fault Lines of International Legitimacy
Fault Lines of International Legitimacy deals with the following questions: What are the features and functions of legitimacy in the international realm? How does international legitimacy, as exemplified in particular by multilateral norms, organizations, and policies, change over time? What role does the international distribution of power and its evolution have in the establishment and transformation of legitimacy paradigms? To what extent do d…
Bills of Rights in Australia: History, Politics and Law
Are Women Peaceful? Reflections on the Role of Women in Peace-Building
Building Women into Peace: The international legal framework
Peace-building is now a major aspect of the work of international institutions. While once the international community aimed simply to maintain a ceasefire and restore some form of stability in conflict zones, since the early 1990s there has been increasing attention given to creating peaceful and democratic societies through international intervention. A common problem in international peace-building projects over the past decade has been the po…
Sex, Gender, and September 11
of the American Journal of International Law contained several editorials on the international law implications of the hijackings of September 11, 2001, and their aftermath. 1 In one respect these editorials resemble other writings on these events in academic and popular media: questions of sex and gender are largely overlooked. 2 In our view, however, concepts of sex and gender provide a valuable perspective on these devastating actions. 3 We us…
International Law: A Discipline of Crisis
This article examines the way that international lawyers tend to focus on crises for the development of international law. It uses the reactions of international lawyers to NATO’s intervention in Kosovo in 1999 as a case study of this tendency and argues that the crisis focus impoverishes the discipline of international law. The article proposes the idea of an international law of everyday life as an alternative
Feminist Methods in International Law
I have mixed feelings about participating in this symposium as the feminist voice. On the one hand, I want to support the symposium editors’ attempt to broaden the standard categories of international legal methodologies by including feminism in this undertaking. On the other hand, I am conscious of the limits of my analysis and its unrepresentativeness—the particularity of my nationality, race, class, sexuality, education and profession shapes m…
Women as Sherpas: Are Global Summits Useful for Women
Since 1990 the United Nations has organized seven major global forums on a variety of issues: the World Summit for Children held in New York in 1990; the Conference on Environment and Development held in Rio de Janeiro in 1992; the Second World Conference on Human Rights held in Vienna in 1993; the International Conference on Population and Development held in Cairo in 1994; the World Summit on Social Development held in Copenhagen in 1995; the F…
Women and international law
The Gender of Jus Cogens
Etude de la doctrine moderne du droit international jus cogens, qui affirme l'existence de normes legales fondamentales comme les droits de l'homme auxquelles on ne peut deroger aussi bien dans la sphere publique que dans la sphere privee. Les normes jus cogens ont ete reconnues dans beaucoup de systemes legaux internationaux
Feminist Approaches to International Law
The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a politi…
Are Women Peaceful? Reflections on the Role of Women in Peace-Building
Feminist Methods in International Law
I have mixed feelings about participating in this symposium as the feminist voice. On the one hand, I want to support the symposium editors’ attempt to broaden the standard categories of international legal methodologies by including feminism in this undertaking. On the other hand, I am conscious of the limits of my analysis and its unrepresentativeness—the particularity of my nationality, race, class, sexuality, education and profession shapes m…
Reconciliation and Architectures of Commitment: Sequencing peace in Bougainville
Following a bloody civil war, peace consolidated slowly and sequentially in Bougainville. That sequence was of both a top-down architecture of credible commitment in a formal peace process and layer upon layer of bottom-up reconciliation. Reconciliation was based on indigenous traditions of peacemaking. It also drew on Christian traditions of reconciliation, on training in
International Law: A Discipline of Crisis
This article examines the way that international lawyers tend to focus on crises for the development of international law. It uses the reactions of international lawyers to NATO’s intervention in Kosovo in 1999 as a case study of this tendency and argues that the crisis focus impoverishes the discipline of international law. The article proposes the idea of an international law of everyday life as an alternative
The Gender of Jus Cogens
Etude de la doctrine moderne du droit international jus cogens, qui affirme l'existence de normes legales fondamentales comme les droits de l'homme auxquelles on ne peut deroger aussi bien dans la sphere publique que dans la sphere privee. Les normes jus cogens ont ete reconnues dans beaucoup de systemes legaux internationaux
Reconciliation and Architectures of Commitment: Sequencing peace in Bougainville
O'Callaghan's retort, abruptly ending the conversation, was 'Well change your ******* paradigm'.Australia did change its paradigm, leading a regional peacekeeping intervention in the Solomon Islands in 2003 that so far has restored peace, with Hugh White a critical catalyst of the policy shift.During the intervening years, O'Callaghan had campaigned
Building Women into Peace: The international legal framework
Peace-building is now a major aspect of the work of international institutions. While once the international community aimed simply to maintain a ceasefire and restore some form of stability in conflict zones, since the early 1990s there has been increasing attention given to creating peaceful and democratic societies through international intervention. A common problem in international peace-building projects over the past decade has been the po…
Sex, Gender, and September 11
of the American Journal of International Law contained several editorials on the international law implications of the hijackings of September 11, 2001, and their aftermath. 1 In one respect these editorials resemble other writings on these events in academic and popular media: questions of sex and gender are largely overlooked. 2 In our view, however, concepts of sex and gender provide a valuable perspective on these devastating actions. 3 We us…
Women as Sherpas: Are Global Summits Useful for Women
Since 1990 the United Nations has organized seven major global forums on a variety of issues: the World Summit for Children held in New York in 1990; the Conference on Environment and Development held in Rio de Janeiro in 1992; the Second World Conference on Human Rights held in Vienna in 1993; the International Conference on Population and Development held in Cairo in 1994; the World Summit on Social Development held in Copenhagen in 1995; the F…
Women and international law
Federalism and the International Legal Order: Recent Developments in Australia
The scope of international law steadily widens. In addition to the traditional concerns of direct relations between states such as warfare and diplomatic immunity, it now includes human rights, labor law and environmental policy, which deal with the relations of a state with its own citizens and territory
Feminist Reflections on the Responsibility to Protect
This paper offers a feminist analysis of the responsibility to protect principle. It outlines some themes in feminist scholarship in international law and then uses these to explore the idea of a responsibility to protect. The paper argues that, despite some resonance with feminist concerns, the doctrine has been developed in a limited context, effectively privileging male elites and masculine modes of reasoning
James Crawford and the art of law
James Crawford's death has been marked by tributes from far and wide. These range from the solemn beauty of the International Court of Justice's memorial service, the poignant family service in the Hague, to conference panels, 1 obituaries, 2 and memoirs. 3 A strikingly consistent picture emerges from these diverse sources. It is universally acknowledged that James was a brilliant scholar and peerless advocate before international courts and trib…
Feminist Scholarship on International Law in the 1990s and Today: An Inter-Generational Conversation
Federalism and the International Legal Order: Recent Developments in Australia
The scope of international law steadily widens. In addition to the traditional concerns of direct relations between states such as warfare and diplomatic immunity, it now includes human rights, labor law and environmental policy, which deal with the relations of a state with its own citizens and territory
Feminist Approaches to International Law
The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a politi…
The Gender of Jus Cogens
Etude de la doctrine moderne du droit international jus cogens, qui affirme l'existence de normes legales fondamentales comme les droits de l'homme auxquelles on ne peut deroger aussi bien dans la sphere publique que dans la sphere privee. Les normes jus cogens ont ete reconnues dans beaucoup de systemes legaux internationaux
Women and international law
Women as Sherpas: Are Global Summits Useful for Women
Since 1990 the United Nations has organized seven major global forums on a variety of issues: the World Summit for Children held in New York in 1990; the Conference on Environment and Development held in Rio de Janeiro in 1992; the Second World Conference on Human Rights held in Vienna in 1993; the International Conference on Population and Development held in Cairo in 1994; the World Summit on Social Development held in Copenhagen in 1995; the F…
Feminist Methods in International Law
I have mixed feelings about participating in this symposium as the feminist voice. On the one hand, I want to support the symposium editors’ attempt to broaden the standard categories of international legal methodologies by including feminism in this undertaking. On the other hand, I am conscious of the limits of my analysis and its unrepresentativeness—the particularity of my nationality, race, class, sexuality, education and profession shapes m…
Sex, Gender, and September 11
of the American Journal of International Law contained several editorials on the international law implications of the hijackings of September 11, 2001, and their aftermath. 1 In one respect these editorials resemble other writings on these events in academic and popular media: questions of sex and gender are largely overlooked. 2 In our view, however, concepts of sex and gender provide a valuable perspective on these devastating actions. 3 We us…
International Law: A Discipline of Crisis
This article examines the way that international lawyers tend to focus on crises for the development of international law. It uses the reactions of international lawyers to NATO’s intervention in Kosovo in 1999 as a case study of this tendency and argues that the crisis focus impoverishes the discipline of international law. The article proposes the idea of an international law of everyday life as an alternative
Building Women into Peace: The international legal framework
Peace-building is now a major aspect of the work of international institutions. While once the international community aimed simply to maintain a ceasefire and restore some form of stability in conflict zones, since the early 1990s there has been increasing attention given to creating peaceful and democratic societies through international intervention. A common problem in international peace-building projects over the past decade has been the po…
Bills of Rights in Australia: History, Politics and Law
Are Women Peaceful? Reflections on the Role of Women in Peace-Building
The Role of International Law in Rebuilding Societies after Conflict: Great Expectations
International law can create great expectations in those seeking to rebuild societies that have been torn apart by conflict. For outsiders, international law can mandate or militate against intervention, bolstering or undermining the legitimacy of intervention. International legal principles promise equality, justice and human rights. Yet international law's promises are difficult to fulfil. This volume of essays investigates the phenomenon of po…
Role of International Law in Rebuilding Societies after Conflict: Great Expectations
Fault Lines of International Legitimacy
Fault Lines of International Legitimacy deals with the following questions: What are the features and functions of legitimacy in the international realm? How does international legitimacy, as exemplified in particular by multilateral norms, organizations, and policies, change over time? What role does the international distribution of power and its evolution have in the establishment and transformation of legitimacy paradigms? To what extent do d…
Feminist Reflections on the Responsibility to Protect
This paper offers a feminist analysis of the responsibility to protect principle. It outlines some themes in feminist scholarship in international law and then uses these to explore the idea of a responsibility to protect. The paper argues that, despite some resonance with feminist concerns, the doctrine has been developed in a limited context, effectively privileging male elites and masculine modes of reasoning
Reconciliation and Architectures of Commitment: Sequencing peace in Bougainville
O'Callaghan's retort, abruptly ending the conversation, was 'Well change your ******* paradigm'.Australia did change its paradigm, leading a regional peacekeeping intervention in the Solomon Islands in 2003 that so far has restored peace, with Hugh White a critical catalyst of the policy shift.During the intervening years, O'Callaghan had campaigned
Reconciliation and Architectures of Commitment: Sequencing peace in Bougainville
Following a bloody civil war, peace consolidated slowly and sequentially in Bougainville. That sequence was of both a top-down architecture of credible commitment in a formal peace process and layer upon layer of bottom-up reconciliation. Reconciliation was based on indigenous traditions of peacemaking. It also drew on Christian traditions of reconciliation, on training in
Feminist Internationalisms
Networked Governance of Freedom and Tyranny: Peace in Timor-Leste
This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twent…
Networked Governance of Freedom and Tyranny: Peace in Timor-Leste
This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various
Human Rights: The Hard Questions
The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume, distinguishe…
Internal and external affairs: The Koowarta case in context
This article is partly based on observation of the High Court deliberations on the Koowarta case in 1982 and partly on reflection on its significance in defining the relationship between the Australian legal system and international law. It also contrasts the broad approach of the majority to the external affairs power with its analysis of the races power. The article suggests that the intense legal debates about the proper spheres of internation…
Human Rights and the Universal Periodic Review: Rituals and Ritualism
The Universal Periodic Review is an intriguing and ambitious development in human rights monitoring which breaks new ground by engaging all 193 members of the United Nations. This book provides the first sustained analysis of the Review and explains how the Review functions within the architecture of the United Nations. It draws on socio-legal scholarship and the insights of human rights practitioners with direct experience of the Review in order…
Feminist Scholarship on International Law in the 1990s and Today: An Inter-Generational Conversation
Australia in the UN Human Rights Council through the eyes of Andrew Byrnes and Andrea Durbach
A recurring theme in both Andrew Byrnes and Andrea (Andy) Durbach’s research and activism is the uncertain status of the international human rights system in Australian law, and they have worked in many different capacities to encourage Australian lawmakers to take international standards seriously. Overall, Australia seems to assume that the international human rights system is designed to bring pressure on other countries to improve their prote…
Political science (24 works) · Law (19 works) · Sociology (18 works) · Law (13 works) · Human rights (11 works) · International Law and Human Rights (10 works) · Politics (10 works) · International law (9 works) · Human Rights and Development (7 works) · Law and economics (7 works)