25 Stud. Transnat'l Legal Pol'y 143 (1993)
After the Collape of the Public/Private Distinction: Strategizing Women's Rights

handle is hein.journals/stdtlp25 and id is 159 raw text is: AFTER THE COLLAPSE OF THE
Over   the  past fifteen  years,  women's rights
advocates-generally  feminists  of  one  stripe  or
another-have staged a multitiered critique of public
international law, focusing largely on its exclusion of
women.' Most would agree that the critique has been
successful in many ways, but not so successful in others.
Evidence of the lack of success is that we still continue to
talk about some issues in the ways that they were talked
about fifteen years ago. That is, we still tend to focus on
women's exclusion and on our marginality vis-i-vis public
international law.
Central to the critiques of international law have been
analyses of the public/private distinction. They generally
take one of two forms. Either women's rights advocates
argue that public international law, and particularly human
rights theory, is flawed because it is not really universal.
That is, because international law excludes from its scope
the private, or domestic, sphere-presumably the space in
which women operate-it cannot include them. Or
advocates argue that international law does not really
exclude the private, but rather uses the public/private divide
as a convenient screen to avoid addressing women's issues.
Those who take the first approach, then, take for granted
that public international law in its present form cannot enter

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