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This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.
Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations.
This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.
This book contributes to current debates about “queer outsides” and “queer outsiders” that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom. LGBTIQ people in the UK have moved from being situated as “outlaws” – through prohibitions on homosexuality or cross-dressing – to respectable “in laws” – through the emerging acceptance of same-sex families and self-identified genders. From the partial decriminalisation of homosexuality in the Sexual Offences Act 1967, to the provision of a bureaucratic mechanism to amend legal sex in the Gender Recognition Act 2004, bringing LGBTIQ people “inside” the law has prompted enormous activist and academic commentary on the desirability of inclusion-focused legal and social reforms. Canvassing an array of current socio-legal debates on colonialism, refugee law, legal gender recognition, intersex autonomy and transgender equality, the contributing authors explore “queer outsiders” who remain beyond the law’s reach and outline the ways in which these outsiders might seek to “come within” and/or “stay outside” law. Given its scope, this modern work will appeal to legal scholars, lawyers, and activists with an interest in gender, sex, sexuality, race, migration and human rights law.
Libby Adler offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community.
"This book puts International Relations scholarship and Queer Studies scholarship in conversation to tell a story about how sovereignty and sexuality are entangled in international relations theory and policy through numerous figurations of 'the homosexual' - as 'the underdeveloped', 'the un-developable', 'the unwanted im/migrant', 'the terrorist', 'the gay rights holder', 'the gay patriot' and Eurovision-winner Conchita Wurst's 'bearded lady'"--
In the last 15 years, queer movements in many parts of the world have helped secure the rights of queer people. These moments have been accompanied by the brutal rise of crony capitalism, the violent consequences of the ‘war on terror’, the hyper-juridification of politics, the financialization/ managerialization of social movements and the medicalization of non-heteronormative identities/ practices. How do we critically read the celebratory global proliferation of queer rights in these neoliberal times? This volume responds to the complicated moment in the history of queer struggles by analysing laws, state policies and cultures of activism, to show how new intimacies between queer sexuality and neoliberalism that celebrate modernity and the birth of the liberated sexual citizen, are in fact, reproducing the old colonial desire of civilizing the native. By paying particular attention to the problematics of race, religion and class, this volume engages in a rigorous, self-reflexive critique of global queer politics and its engagements, confrontations, and negotiations with modernity and its investments in liberalism, legalism and militarism, with the objective of queering the ethics of our queer politics. Published by Zubaan.
Employing feminist, queer, and postcolonial perspectives, Global Justice and Desire addresses economy as a key ingredient in the dynamic interplay between modes of subjectivity, signification and governance. Bringing together a range of international contributors, the book proposes that both analyzing justice through the lens of desire, and considering desire through the lens of justice, are vital for exploring economic processes. A variety of approaches for capturing the complex and dynamic interplay of justice and desire in socioeconomic processes are taken up. But, acknowledging a complexity of forces and relations of power, domination, and violence – sometimes cohering and sometimes contradictory – it is the relationship between hierarchical gender arrangements, relations of exploitation, and their colonial histories that is stressed. Therefore, queer, feminist, and postcolonial perspectives intersect as Global Justice and Desire explores their capacity to contribute to more just, and more desirable, economies.
As LGBTQ claims acquire global relevance, how do sexual politics impact the study of International Relations? This book argues that LGBTQ perspectives are not only an inherent part of world politics but can also influence IR theory-making. LGBTQ politics have simultaneously gained international prominence in the past decade, achieving significant policy change, and provoked cultural resistance and policy pushbacks. Sexuality politics, more so than gender-based theories, arrived late on the theoretical scene in part because sexuality and gender studies initially highlighted post-structuralist thinking, which was hardly accepted in mainstream political science. This book responds to a call for a more empirically motivated but also critical scholarship on this subject. It offers comparative case-studies from regional, cultural and theoretical peripheries to identify ways of rethinking IR. Further, it aims to add to critical theory, broadening the knowledge about previously unrecognized perspectives in an accessible manner. Being aware of preoccupations with the de-queering, disciplining nature of theory establishment in the social sciences, we critically reconsider IR concepts from a particular LGBTQ vantage point and infuse them with queer thinking. Considering the relative dearth of contemporary mainstream IR-theorizing, authors ask what contribution LGBTQ politics can provide for conceiving the political subject, as well as the international structure in which activism is embedded. This book will be of interest to students and scholars of gender politics, cultural studies and international relations theory.
This book begins by putting gay & lesbian sexuality and politics in historical context and demonstrates how and why queer theory emerged.