Legal Issues of International Law from a Gender Perspective

This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system.

Accordingly, the book provides detailed explanations of the EU’s external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women’s participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia.

The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.

The Fight against Discrimination on the Grounds of Sex, Sexual Orientation and Gender Identity in the External Relations of the European Union.- Feminist Justice and the European Court of Human Rights.- Female Reproduction and Sexuality: The Impact of Gender Stereotypes on Women’s Rights in International Jurisprudence.- Workplace Discrimination Towards LGBTQ Employees and Employee Candidates in the Job Market: A European Approach to the Workplace Discrimination Towards LGBTQ.- A Gender-Sensitive Reading of the Obligation to Prevent War Crimes under the Law of Armed Conflict.- The Recognition of Refugee Women in International Law.- Screening International Environmental Law through Gender Lenses – Already Gender-Sensitive, still not Gender-Responsive?.- Putting Women’s Rights to Work: The Participation of Women on Company Boards as a Human Rights Law Issue.- Promoting Gender Equality in International Trade Agreements: Pioneering or Pipe dream?.- Standing Alone but Standing Tall: A Female Perspective of International Law from the Interwar Yugoslavia.

Ivana Krstic is a Full Professor of International Human Rights Law and International Public Law at the University of Belgrade, Faculty of Law. She is Director of the Human Rights Centre and the Institute for Social and Legal Sciences at the University of Belgrade, Faculty of Law. She obtained her LLM (2003) at the School of Law, University of Pittsburgh (USA), along with an LLM (2004) and Ph.D. (2008) at the University of Belgrade, Faculty of Law. In the academic year 2006/2007, she was a Chevening Scholar working on her Ph.D. research at Exeter College, Oxford University. She teaches several courses, including the European Immigration Law and Policy, Non-Discrimination, Law, International Jurisprudence, International Humanitarian law, Gender Equality, and Minority Rights. She is also a member of several governmental bodies, including the Republic Commission for Transgender Persons. As a leading Serbian expert in human rights, she is engaged in many projects run byvarious international organizations and agencies, such as OHCHR, UNDP, UNICEF, UNWOMEN, OSCE. She closely cooperates with Serbian Commissioner on Protection of Equality and with the Judicial Academy, coordinating and directing many trainings for judiciary, but also for other public officials. Since 2015, she is engaged as a Serbian expert for both, non-discrimination and gender quality stream at the European Equality Law Network (EELN). She has published monographs and textbooks, around 20 handbooks, and more than 60 articles in international human rights law, international refugee law, and international public law.

Marco Evola is an Associate Professor of European Union Law LUMSA Department of Law Palermo. He obtained his Ph. D (2008) at the University of Palermo. He was post-doctoral researcher at the University of Palermo (2009-2013). He has been teaching European Union Law, European Union Private International Law, Human Rights, European Migration Law. He was a memberof different research groups within the framework of projects of research of national interest. He is professor in Masters and post-lauream courses. He is a member of the Editorial Board of the review Diritti umani e diritto internazionale and Member of the Scientific Committee of the review La Magistratura. He is a member of the college of professors of the Ph.D course “Mediterranean Studies. History, Law and Economics”. His scientific research focuses on human rights, migration, non-discrimination, accession to and withdrawal from the EU, Rule of Law. He has published a monograph on the legal status of third-country migrant workers in the EU legal system.

María Isabel Ribes Moreno is an Assistant professor of Labour Law and Social Security Law in University of Cádiz. She holds a Bachelor’s Degree on Law from the University of Sevilla, Master in Company’s Legal Advice from I.E. (Madrid) and a PhD in Law from the University of Sevilla (with honours). Her researchactivities have focused mainly on the analysis of Maritime Labour Law and all aspects of social and working conditions of seafarers, posted-workers, workers in port services, fishermans and general workers, both in their labour and in their social security dimensions, and about European Labour Law and non-discrimination law regarding gender and dissability. She is the author of a monograph and co-author of many articles published by scientific reviews and chapters included in collective monographs dealing with these issues. Since 2000, she has been a researcher in various Research and Development Projects. She has carried out research stays at some of most prestigious universities, such as the Institute of European and Comparative Law in the University of Oxford, Institute of Labour Law at KU Leuven, London School of Economics and Political Science and University of Sheffield. She has experience of teaching in different areas of Labour, Employment and Social Security Law, giving lectures for master, bachelor degrees and Jean Monnet Module (574698-EPP-1-2016-1-ES-EPPJMO-MODULE) in different degrees and Universities. She is a Mediator in the Extrajudicial Autonomous Service of Resolution of Labour Conflicts of Andalusia, Member of the International Network Maritime Work Watch (MWW), the CIELO community, member of the Spanish Association of Labour and Social Security Law and the INDESS (University Institute of Research for Social Sustainable Development) at University of Cádiz.