Queering International Law: Possibilities, Alliances, Complicities, Risks

305 Pages·2017·5.45 MB·English

by  Dianne Otto (ed.)

Queering International Law
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.
Dianne Otto held the Francine V McNiff Chair in Human Rights Law at the
University of Melbourne Law School, Australia, 2013–2016. She is currently a
Professorial Fellow at Melbourne Law School.
Routledge Research in International Law
For a full list of titles in this series, visit https://www.routledge.com/Routledge-
Research-in-International-Law/book-series/INTNLLAW
Available:
Universal Jurisdiction in International Criminal Law
The Debate and the Battle for Hegemony
Aisling O’Sullivan
The Right to Democracy in International Law
Between Procedure, Substance and the Philosophy of John Rawls
Khalifa A. Alfadhel
The Rule of Law in the United Nations Security Council
Decision-Making Process
Turning the Focus Inwards
Sherif Elgebeily
Sovereignty Conflicts and International Law and Politics
A Distributive Justice Issue
Jorge E. Núñez
Queering International Law
Possibilities, Alliances, Complicities, Risks
Dianne Otto
Prosecuting Juvenile Piracy Suspects
The International Legal Framework
Milena Sterio
Forthcoming titles in this series include:
Technology and the Law on the Use of Force
New Security Challenges in the Twenty First Century
Jackson Maogoto
International Law and the Rights of those Displaced by Armed Conflict
Elena Katselli Proukaki
International Criminal Law and Sexual Violence against Women
The Interpretation of Gender in the Contemporary International Criminal Trial
Daniela Nadj
Fighting and Victimhood in International Criminal Law
Joanna Nicholson
Queering
International Law
Possibilities, Alliances,
Complicities, Risks
Edited by Dianne Otto
First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2018 selection and editorial matter, Dianne Otto; individual chapters,
the contributors
The right of Dianne Otto to be identified as the author of the editorial
material, and of the authors for their individual chapters, has been asserted
in accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced
or utilised in any form or by any electronic, mechanical, or other means,
now known or hereafter invented, including photocopying and recording,
or in any information storage or retrieval system, without permission in
writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Names: Otto, Dianne, editor.
Title: Queering international law : possibilities, alliances, complicities,
risks / Edited by Dianne Otto.
Description: New York : Routledge, 2017. |
Series: Routledge research in international law | Includes bibliographical
references and index.
Identifiers: LCCN 2017012346 | ISBN 9781138289918 (hbk) |
ISBN 9781315266787 (ebk)
Subjects: LCSH: Gays—Legal status, laws, etc. | Human rights. |
Homosexuality—Law and legislation. | Gender identity—Law and
legislation. | International law. | Sex and law. | Heterosexism.
Classification: LCC K3242.3. Q45 2017 | DDC 342.08/7—dc23
LC record available at https://lccn.loc.gov/2017012346
ISBN: 9781138289918 (hbk)
ISBN: 9781315266787 (ebk)
Typeset in Galliard
by Keystroke, Neville Lodge, Tettenhall, Wolverhampton
For
Professor Thomas Frank,
who mentored me and shared my hopefulness
and
Joan Nestle, my partner,
without whom I would lose hope.

Contents
List of figures ix
Notes on contributors xi
Acknowledgements xiii
Introduction: Embracing queer curiosity 1
DIANNE OTTO
PART I
Complicities: Sexuality, coloniality and governance 13
1 A tale of two atonements 15
RAHUL RAO
2 ‘Dangerous desires’: Illegality, sexuality and the global
governance of artisanal mining 35
DORIS BUSS AND BLAIR RUTHERFORD
3 The anatomy of neoliberal Internet governance:
A queer critical political economy perspective 53
MONIKA ZALNIERIUTE
PART II
Possibilities: Rethinking violence, war and law 75
4 International law as violence: Competing absences
of the other 77
VANJA HAMZI(cid:251)
viii Contents
5 The maintenance of international peace and security
heteronormativity 91
TAMSIN PHILLIPA PAIGE
6 In spite: Testifying to sexual and gender-based violence
during the Khmer Rouge period 110
MARIA ELANDER
PART III
Alliances: Making queer lives matter 129
7 The (im)possibility of queering international human
rights law 131
RATNA KAPUR
8 Homoglobalism: The emergence of global gay governance 148
AEYAL GROSS
9 Governing (trans)parenthood: The tenacious hold of
biological connection and heterosexuality 171
ANNIKEN SØRLIE
PART IV
Risks: Troubling statehood, sovereignty and its borders 191
10 Queer border crossers: Pragmatic complicities, indiscretions
and subversions 193
BINA FERNANDEZ
11 Queering international law’s stories of origin: Hospitality
and homophobia 213
NAN SEUFFERT
12 Resisting the heteronormative imaginary of the
nation-state: Rethinking kinship and border protection 236
DIANNE OTTO
Bibliography 258
Index 277
List of figures
Figure 1 Curiosity, Cesare Ripa, 1611 3
Figure 3.1 ‘Offensive’ animated breast cancer awareness image
removed by Facebook (restored after public outcry,
with apology from Facebook) 66
Figure 12.1 The singing sailor, Swedish Peace and Arbitration
Society, 2015 237