Cornell Law School Berger International Speaker Papers

Untold Truths: The Exclusion of Enforced Sterilizations from the Peruvian Truth Commission's Final Report

Jocelyn E. Getgen — Fri, 29 Jan 2010 11:19:20 PST

This presentation argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission's investigation and Final Report effectively erases State responsibility and decreases the likelihood for justice and reparations for women victims-survivors of State-sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this presentation recounts how the State's Family Planning Program violated Peruvian women's reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent. This presentation argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry, and advocates for a more inclusive investigation and final report for future truth commissions whose goals include truth, accountability, and justice for all victims-survivors of state-sponsored violence. Leaders responsible for the enforced sterilization of more than 200,000 Peruvian women, including former President Alberto Ken'ya Fujimori, must be held accountable for past violations in order to fully realize future reconciliation and justice in Peru.

False Sanctuary: the Australian Antarctic Whale Sanctuary and Long-Term Stability in Antarctica

Donald K. Anton — Fri, 12 Dec 2008 11:00:57 PST

The recent assertion of maritime adjudicative jurisdiction by Australian courts over a Japanese whaling company for acts contrary to Australian law in the Antarctic Southern Ocean is alarming. Private litigation, based on an internationally disputed claim to sovereignty over Antarctic territory and a further contested claim to an EEZ appurtenant to that territory, ought not to serve as a proxy for cooperative (and hopefully effective) international management of the Antarctic environment. The big danger is that if other states follow Australia's lead in claiming sovereign rights and exercising attendant jurisdiction the chances of natural resource over-exploitation and environmental harm in the Antarctic is increased. It will, I believe, in the long run exacerbate the likelihood of a scramble for important, scarce and economically viable resources.

Militarization and Terrorism and Counter- terrorism Measures in Thailand: Feminists and Women Human Rights Defenders

Virada Somswasdi — Wed, 19 Mar 2008 09:01:37 PDT

Women human rights defenders need to work closely with feminist human rights defenders; both groups must empower each other and promote gender-sensitization of other members of the rights movements against militarization.

Despite the fact that women’s human rights defenders in the women’s movements have brought about some positive legal changes for women’s human rights, there are political, economic and social patriarchal contexts, especially through militarization, that obstruct ideal legislation and enforcement to cover all areas which have been identified in international instruments, especially the Convention on the Elimination of All Discrimination against Women and the Declaration on the Elimination of Violence Against Women.

Evidently, there are diverse strategies and approaches that feminists have been taken up in fighting for their inherent human rights, yet the goal is common: eliminating all gender inequalities while defending women’s human rights.

The Power of Law and Women's Presence in the Thaksin Era

Virada Somswasdi — Mon, 25 Apr 2005 12:44:39 PDT

The term "law" as used here depicts consistency in ideology, intent, presumption and the imposition of definitions on day-to-day human relations, including male-female relations. The power of law is the process of definition, which takes precedence over experiences, and also takes precedence over the meaning that women give to their own lives.

This paper refutes a rigid division of issues within law and adopts a feminist perspective, rather than that of the mainstream structure. Issues identified as significant by the women’s movement are thus emphasized. I do not refer to law as the only tool feminists need to resort to in bringing about gender equality and respect for women’s human rights.

Yet, law as a symbol of justice and truth will be challenged. The intention of this paper is to welcome other non-legal strategies for women’s emancipation. The intention is to stimulate debate on contemporary feminist theorizing on law and to challenge the way in which law has been understood. The focus is on the power of law as a discourse that disqualifies other forms of knowledge, rather than a consideration of the material consequences of law, which implicitly, or explicitly, operates in the interests of patriarchy.

Engagement with and disengagement of feminists from law can construct new legal concepts and perspectives and bring about an equitable distribution of power between men and women. Yet, to bring these benefits to society, new conceptualizations and systematizations of the legal system have to be developed. It is not only in the book but also by activism that members of society have to challenge and bring down the power of inequitable laws.

The Supreme Court, Guantanamo Bay and Justice Fix-it

Ronald W. Meister — Thu, 04 Nov 2004 10:48:17 PST

In the summer of 2004, the United States Supreme Court ruled on three cases involving individuals detained as "enemy combatants." Given the issues of Presidential power, habeas corpus and individual rights involved, there was a lot of speculation about the historical importance of the decisions. This presentation examines these three decisions and what they teach us about the Supreme Court and government in the 21st century.

Worldwide Influence of the French Civil Code of 1804, on the Occasion of its Bicentennial Celebration

Xavier Blanc-Jouvan — Fri, 01 Oct 2004 12:57:13 PDT

The French Civil Code (still called the Code Napoleon) is now two hundred years old. Its bicentennial has been celebrated this year in many countries. The reason is that is Code has experienced an extraordinary expansion throughout the world during the XIXth and XXth centuries. But how influential is it today? A certain weakening of its positions is due to a number of factors : legal (the abundance of models now available) and cultural (the regression of the use of French as an international legal language as well as the declining attraction of our universities in the formation of foreign lawyers). Yet, even after the last two centuries have brought so many changes in society, it remains as a model in many countries, because of its qualities in form and in substance. In fact, it is not only a monument of the past. It still has a great capacity of influence. And the present search for a jus commune in Europe can give it a new chance on the international scene.

Legalization of Prostitution in Thailand: A Challenge to Feminism and Societal Conscience

Virada Somswasdi — Tue, 16 Mar 2004 11:20:46 PST

Thai society and the feminist movement have been bombarded with the (ir)rationality of economic greed, social ignorance and a patriarchal frame of thinking on the legalization of prostitution. Feminist ideology and societal conscience are hence being tested all over again. The issue of prostitution has been reduced to an issue of taxation for state income generation. Basically, the issue of legalizing prostitution is twofold, i.e., the decriminalization of prostituted women and the legalization of prostitution or decriminalization of the sex industry. The first of these points perceives that the prostituted women are victimized, exploited and violated, and thus should not be punished; the second is about an acceptance of prostitution as work.

The efforts of all concerned should instead be to urgently focus on how to suppress prostitution, embrace gender equality, defend women's human rights and support prostituted women to enable them to leave prostitution and to be provided with dignified and sustainable work.

The Women's Movement and Legal Reform in Thailand

Virada Somswasdi — Fri, 18 Apr 2003 09:09:13 PDT

In the late 1960's, during the time of dictatorial rule in Thailand, a group of educated upper class women in legal and business professions had actively taken up the call for a reform in the family law, which was actually a continuation of the activism of the mid 1950's. The focal issues included the right of a wife to matrimonial property management and the prevention of double marital registration.

The campaign, even though it contributed greatly in allowing women a better status in society, was seen by many as an outcry of wealthy elitist women whose concerns were vested in personal economic interests and in the widespread infidelity problem of their husbands having minor wives. It did not touch upon any societal patriarchal structural problems or gender equality. Nor did it touch upon problems of the low income and rural women.

The women's movement for legal reform in Thailand cannot afford to be isolated from other social or women's movements. With predominantly male cultural, social, economic and political structure, it has to fight against gender bias cross cutting over other biases stemmed from privileges such as class, ethnicity, race, age, religion and military might.