Law and Negotiation: a Role for a Transformative Approach?

Global Policy Volume 7, Issue 2, May 2016, 282-287

Transitional Justice Institute Research Paper No. 16-19

7 Pages Posted: 15 Sep 2016

See all articles by Aisling Swaine

Aisling Swaine

London School of Economics & Political Science (LSE) - Centre for Women, Peace and Security

Date Written: September 15, 2016

Abstract

Feminist critique of negotiations that aim to bring about peaceful political settlements has consistently pointed to the glaring absence of the critical analysis of and response to gender relations as part of both the modus operandi and substantive output of those processes. Just as war is a gendered phenomenon war is a gendered phenomenon (working off gender relations that subordinate women), so too the processes that respond to it and aim to negotiate its end and create an aftermath, are inherently gendered. Where the goal is a peace that works for ‘everyone’, then negotiation needs to respond to structural gendered conditions that limit the potential that negotiation holds for women. The concept of transformation has been espoused by feminists as key to altering the structural inequalities that determine a systemic gendered order that works to de-privilege women and women’s interests. As a concept, ‘transformation’ holds great potential to regenerate processes of negotiation towards promoting women’s ability to have agency over their lives. This article begins a consideration of what transformation might mean for the practice of negotiation and how it might be advanced to make negotiations responsive to gender relations so that a peace that serves women as well as men is worked towards.

Keywords: Feminist theory, Peace processes, Peace negotiation, Women, International Law

Suggested Citation

Swaine, Aisling, Law and Negotiation: a Role for a Transformative Approach? (September 15, 2016). Global Policy Volume 7, Issue 2, May 2016, 282-287; Transitional Justice Institute Research Paper No. 16-19. Available at SSRN: https://ssrn.com/abstract=2839327

Aisling Swaine (Contact Author)

London School of Economics & Political Science (LSE) - Centre for Women, Peace and Security ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
20
Abstract Views
181
PlumX Metrics