Jing Geng is a PhD researcher at Católica Global School of Law and the recipient of a competitive scholarship funded by the Foundation for Science and Technology (FCT) in Portugal. She earned her J.D. from Washington University in 2011 and an LL.M. in Public International Law cum laude from Utrecht University in 2012. She is licensed to practice law in New York and Tennessee. Jing's research interests include international human rights, women’s rights, gender equality, human trafficking, and human migration.
Research Handbook on Feminist Engagement with International Law, 2019
This chapter considers the Maputo Protocol as a case study in the mediation between gender and cu... more This chapter considers the Maputo Protocol as a case study in the mediation between gender and culture in the context of African women's rights. The central query is whether feminist engagement with international law can be reconciled with a commitment to local values. In addressing the issue of gender equality in the traditional cultural context, the Protocol aims to localise the universal, adapting international norms to the needs of women in Africa. Notably, both the drafting of the Protocol and its substantive content emphasise women's agency and participation in contesting and forming positive cultural policies. By celebrating the diversity of women and traditions in Africa and by prioritising internal dialogue and reform, the Protocol challenges the conventional wisdom that gender and culture are inevitably at odds. Ultimately, this chapter argues that the Maputo Protocol moves the debate beyond gender or cultural essentialism by incorporating local voices in negotiating global norms.
One of the biggest failings of contemporary regimes governing human exploitation is their treatme... more One of the biggest failings of contemporary regimes governing human exploitation is their treatment of ‘victims’. This paper roots narratives of victimhood and agency in the legal frameworks through analysis of the right to effective remedy in human rights and international law. Dominant characterisations of ‘victimisation’ are problematised and an alternative formulation - the ‘victim-agent’ - proposed in order to recognise agency and its abrogation, advocate for participation consistent with the demands of procedural justice, and contribute to meaningful redress.
Utrecht Journal of International and European Law, 2012
During negotiations for the United Nations Convention on the Law of the Sea (UNCLOS), military ac... more During negotiations for the United Nations Convention on the Law of the Sea (UNCLOS), military activities in another state's Exclusive Economic Zone (EEZ) were a point of contention. Currently, the issue remains controversial in state practice. UNCLOS attempts to balance the differing interests of coastal and maritime states, but is silent or ambiguous on the legality of military operations in foreign EEZs. Coastal states seek to assert increasing control over their maritime zones while maritime states prioritize the freedom of navigation. This article examines the competing views on these issues in the context of the 2009 Impeccable incident between China and the United States that occurred in the South China Sea. The issue of military activities in the EEZ will continue to be a complex subject, without clear definitions in the nature and scope of permissible activity. As state practice evolves, the potential for hostilities is high, particularly in semi-enclosed sea areas such as the South China Sea. This article concludes that states should create dialogues and form agreements to help clarify the contours of military activity in the EEZ, focusing on mutual interests, interdependence, and coexistence rather than perceiving the ocean as a zero-sum resource.
Case Western Reserve Journal of International Law, 2010
The term " lawfare " is a contentious and ideologically charged concept as evidenced in its conte... more The term " lawfare " is a contentious and ideologically charged concept as evidenced in its contemporary, popular usage. There are many nuances to the term, though lawfare is generally defined as a tactic of war where the use of law replaces the use of weapons in the pursuit of a military objective. Lawfare proponents increasingly claim that adversaries of the United States are manipulating the rule of law to undermine democracy and national security. The term " lawfare " is applied to contexts as varying as habeas corpus petitions of Guantanamo detainees, lawsuits by individuals subjected to torture or extraordinary rendition, universal jurisdiction, hate speech litigation, and the Goldstone Report. This essay explores some preliminary etymological background on the term to explain its current use and misuse. It argues that lawfare is an unhelpful term that has no real fixed meaning. Lawfare is a concept that may be catchy in media communications , but its distorted usage has substituted careful analysis and discourse with a fruitless—and even dangerous—rhetorical debate. The notion that terrorists are using the rules of humanitarian law, domestic law and human rights law to gain improper advantages over the United States undermines general respect for the rule of law. Alternatively, equal application of domestic and international legal rules and legal processes to both rich and poor, powerful and weak, creates a better ordered community rooted in peace and stability. Ultimately, this essay concludes with some concrete suggestions on how to move forward from the usage of this singularly un-helpful term.
Research Handbook on Feminist Engagement with International Law, 2019
This chapter considers the Maputo Protocol as a case study in the mediation between gender and cu... more This chapter considers the Maputo Protocol as a case study in the mediation between gender and culture in the context of African women's rights. The central query is whether feminist engagement with international law can be reconciled with a commitment to local values. In addressing the issue of gender equality in the traditional cultural context, the Protocol aims to localise the universal, adapting international norms to the needs of women in Africa. Notably, both the drafting of the Protocol and its substantive content emphasise women's agency and participation in contesting and forming positive cultural policies. By celebrating the diversity of women and traditions in Africa and by prioritising internal dialogue and reform, the Protocol challenges the conventional wisdom that gender and culture are inevitably at odds. Ultimately, this chapter argues that the Maputo Protocol moves the debate beyond gender or cultural essentialism by incorporating local voices in negotiating global norms.
One of the biggest failings of contemporary regimes governing human exploitation is their treatme... more One of the biggest failings of contemporary regimes governing human exploitation is their treatment of ‘victims’. This paper roots narratives of victimhood and agency in the legal frameworks through analysis of the right to effective remedy in human rights and international law. Dominant characterisations of ‘victimisation’ are problematised and an alternative formulation - the ‘victim-agent’ - proposed in order to recognise agency and its abrogation, advocate for participation consistent with the demands of procedural justice, and contribute to meaningful redress.
Utrecht Journal of International and European Law, 2012
During negotiations for the United Nations Convention on the Law of the Sea (UNCLOS), military ac... more During negotiations for the United Nations Convention on the Law of the Sea (UNCLOS), military activities in another state's Exclusive Economic Zone (EEZ) were a point of contention. Currently, the issue remains controversial in state practice. UNCLOS attempts to balance the differing interests of coastal and maritime states, but is silent or ambiguous on the legality of military operations in foreign EEZs. Coastal states seek to assert increasing control over their maritime zones while maritime states prioritize the freedom of navigation. This article examines the competing views on these issues in the context of the 2009 Impeccable incident between China and the United States that occurred in the South China Sea. The issue of military activities in the EEZ will continue to be a complex subject, without clear definitions in the nature and scope of permissible activity. As state practice evolves, the potential for hostilities is high, particularly in semi-enclosed sea areas such as the South China Sea. This article concludes that states should create dialogues and form agreements to help clarify the contours of military activity in the EEZ, focusing on mutual interests, interdependence, and coexistence rather than perceiving the ocean as a zero-sum resource.
Case Western Reserve Journal of International Law, 2010
The term " lawfare " is a contentious and ideologically charged concept as evidenced in its conte... more The term " lawfare " is a contentious and ideologically charged concept as evidenced in its contemporary, popular usage. There are many nuances to the term, though lawfare is generally defined as a tactic of war where the use of law replaces the use of weapons in the pursuit of a military objective. Lawfare proponents increasingly claim that adversaries of the United States are manipulating the rule of law to undermine democracy and national security. The term " lawfare " is applied to contexts as varying as habeas corpus petitions of Guantanamo detainees, lawsuits by individuals subjected to torture or extraordinary rendition, universal jurisdiction, hate speech litigation, and the Goldstone Report. This essay explores some preliminary etymological background on the term to explain its current use and misuse. It argues that lawfare is an unhelpful term that has no real fixed meaning. Lawfare is a concept that may be catchy in media communications , but its distorted usage has substituted careful analysis and discourse with a fruitless—and even dangerous—rhetorical debate. The notion that terrorists are using the rules of humanitarian law, domestic law and human rights law to gain improper advantages over the United States undermines general respect for the rule of law. Alternatively, equal application of domestic and international legal rules and legal processes to both rich and poor, powerful and weak, creates a better ordered community rooted in peace and stability. Ultimately, this essay concludes with some concrete suggestions on how to move forward from the usage of this singularly un-helpful term.
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