Beyond duality : a new vision of gender justice & collective consciousness in international law

Abstract

This research uses psychological and sociological theory to conduct an original analysis of the narratives, themes and values of gender in international law. The thesis conceptualises international law as a reflection of the' global personality,' which is a socially constructed 'collective self' possessing conscious and unconscious material. The thesis combines the sociology of human consciousness model of Burns and Engdahl with Jungian theories of the collective unconscious to create a Collective Self Theoretical Framework. This theoretical framework is used to establish that the global community constitutes a collective self or agent with conscious and unconscious aspects. The conscious material of the global collective self manifests itself in the external facts of public international law (multilateral conventions, declarations, tribunals and international organisations), whereas the unconscious material of the global collective self manifests itself in the underlying narratives, destructive patterns and paradoxes of international law. As such, the thesis forms a new theory of public international law as an expression of the conscious and unconscious dynamics of the global collective self. By way of case study, the thesis analyses the relationship between masculine and feminine consciousness in the global collective self. This relationship is given expression in contemporary international laws, which expose the conscious and unconscious material of global gender dynamics from 1945 to the present. The thesis shows that since the foundation of the United Nations, the pursuit of gender justice has focused on the creation of 'women's rights' in international law. This approach assumes that men and the public sphere are intrinsically empowered, while women and the private sphere are intrinsically disempowered. This gender narrative conflates men with a masculine consciousness (the primary, empowered, public sphere) and women with a feminine consciousness (the secondary, devalued private sphere). This unconscious split between masculine and feminine consciousness is evident in international laws and organisations specifically relating to women, and international laws relating to gender-based violence in armed conflict. The thesis concludes that the narratives and language of gender in international law must be transformed in order to integrate masculine and feminine consciousness in the global collective self. The thesis suggests that it may be necessary to explicitly give men private sphere rights, and to incorporate men in international gender organisations as corrective mechanisms to reach authentic gender justice. Furthermore, the thesis argues that it is necessary to recognise same-sex couples in international law , as the concept of masculine and feminine consciousness applies to both men and women. The ultimate objective of the thesis is to create awareness of the impact of unconscious narratives in international law, and the importance of bringing collective consciousness to the values that underpin gender. Show more