http://hdl.handle.net/10379/1696 2017-10-30T00:01:48Z http://hdl.handle.net/10379/6194 Considering time in migration and border control practices Yahyaoui Krivenko, Ekaterina Practices within the area of migration and border control are often analysed through a spatial lens. This is understandable: migration studies deal with movement of people across different places and spaces. International migration involves movement across a very specific type of space: states and their borders. This contribution argues that, despite its apparent emphasis on spatiality, migration, and more specifically migration control, has a distinct temporal element. This temporal element needs to be analysed and understood in a close relationship to the spatial aspect of migration and border control. This will lead to a more multifaceted view of migration and border control practices and assist in revealing their discriminatory or inadequate nature more clearly and easily. The paper also proposes a conceptual grid as an initial framework for such an integrated analysis of spatiotemporality of migration and border control. 2016-10-01T00:00:00Z http://hdl.handle.net/10379/5741 International law, literature and interdisciplinarity Yahyaoui Krivenko, Ekaterina This article analyses the relationship between international law and literature from the point of view of its form of expression. Using insights from Deleuze and Guattari's analysis of Kafka's oeuvre as a ‘minor literature’, it argues that stylistic conventions of international law present a serious barrier to the full development of the truly revolutionary potential of international law. International law is situated in proximity to minor literature. Therefore, the constraints imposed on the use of language by the discipline of international law produce particularly distorting results within international law scholarship. These distortions reflect the need to open the language of international law up to new uses that allow for the precedence of expression over content, as in a minor literature. 2015-07-03T00:00:00Z http://hdl.handle.net/10379/5739 Rethinking human rights and culture through female genital surgeries Yahyaoui Krivenko, Ekaterina The article revisits the relationship between culture and human rights through the analysis of one traditionally condemned cultural practice known in human rights law as female genital mutilation. The analysis draws on anthropological and medical literature and demonstrates the importance of interdisciplinary analysis to any inquiry within the area of relationship between culture and human rights. An analogy between the traditional practice of female genital mutilations and the less widely publicized female genital aesthetic surgeries practiced in many Western countries serves as a methodological tool. Laws and attitudes towards both practices are compared, demonstrating many similarities and thus the difficulty of drawing a clear-cut line between a cultural and an a-cultural practice. In this light, human rights insistence on condemnation of the practices of the Other exclusively appears as hegemonizing, racializing, and, ultimately, discriminatory in its effects. Some suggestions as to what a more adequate human rights approach could look like are made as well, as the constant necessity for interdisciplinary inquiry in human rights law is emphasized. 2015-02-01T00:00:00Z http://hdl.handle.net/10379/5738 The "Reservations Dialogue" as a constitution-making process Yahyaoui Krivenko, Ekaterina The article proposes a new reading of the reservations regime to human rights treaties. The practice developed by states in relation to the reservations regime is analysed and presented as a constitution-making process. This new vision is based on the notion of the reservations dialogue as presented and developed by the Special Rapporteur of the International Law Commission on reservations to treaties. However, the article also proposes a wide reading of the practice of the reservations dialogue using examples from the Convention on the Elimination of All Forms of Discrimination against Women. Based on this analysis, the author formulates some proposals as to a more adequate development of the reservations dialogue and the reservations regime. A development which will favour the formation of inclusive international human rights as a basis for a future international constitution accepted as legitimate by all members of the international community. 2013-01-01T00:00:00Z