Contextualization as a (Feminist) Method for Transnational Legal Practice

Peer Zumbansen (ed), Oxford Handbook of Transnational Law (OUP 2020)

TLI Think! Paper 21/2020

King's College London Law School Research Paper Forthcoming

27 Pages Posted: 11 Aug 2020

See all articles by Farnush Ghadery

Farnush Ghadery

Transnational Law Institute, King's College London; London South Bank University

Date Written: March 1, 2020

Abstract

Transitional justice and peacebuilding are expanding fields of global governance, which have attracted increasing interest from transnational legal practice and scholarship. Focusing on women’s rights promotion in post-conflict states, the chapter examines the United Nations ‘Women, Peace and Security’ agenda and its challenging implementation in Afghanistan. By identifying the hegemony of Western liberal thought within both peace and conflict studies and international human rights law as an obstacle to this implementation, the chapter explains how transnational legal practice could benefit from a greater engagement with feminist methodology and the significance it places on understanding ‘contexts.’ As such, the chapter sets out ‘contextualization’ as a method that could lead to more relevant and inclusive transnational legal practice and scholarship in such disciplines.

Keywords: transnational law, feminist legal theory, transnational feminism, transnational legal practice, transitional justice, peacebuilding, women, peace and security

Suggested Citation

Ghadery, Farnush, Contextualization as a (Feminist) Method for Transnational Legal Practice (March 1, 2020). Peer Zumbansen (ed), Oxford Handbook of Transnational Law (OUP 2020) , TLI Think! Paper 21/2020, King's College London Law School Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3671544

Farnush Ghadery (Contact Author)

Transnational Law Institute, King's College London ( email )

London, England WC2R 2LS
United Kingdom

London South Bank University ( email )

103 Borough Road
London, Greater London SE1 OAA
United Kingdom

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