Professor James C. Hathaway. Image credit: University of Michigan Law School.
Professor Hathaway’s work on queer liberty provokes us to take both queer theory and queer rights seriously. It also places the emphasis back where it belongs: on sexual freedom and the diversity of non-normative sexual practice that deserves celebration and respect.
For Professor James C. Hathaway, coming to the ANU College of Law was a long time coming.
Professor Hathaway's longtime friend, Professor Kate Ogg, had often encouraged him to take up a residency at the College.
Earlier this year, she raised the possibility of him delivering the annual Kirby Lecture in International Law, established to recognise the long passion and service to international law by The Hon Michael Kirby.
A Professor of Law at the University of Michigan Law School, James works in the field of public international law, with a focus on international human rights law, international queer rights and international refugee law.
In Professor Hathaway, Professor Ogg had found an ideal expert to deliver the Kirby Lecture.
For the 2024 Kirby Lecture, Professor Hathaway will speak on claiming queer liberty.
In 2023, Professor Hathaway published an article, “Claiming Queer Liberty”, in the Berkeley Journal of International Law.
In this work, he asserts queer people’s right to sexual liberty.
“Unlike other minorities, there has never been a UN treaty on queer people. We’ve been left outside the tent,” says Professor Hathaway.
“When the United Nations human rights treaties were being drawn up in the 50s and 60s, the right to sexual liberty was a very threatening concept”.
At this point in history, these treaties left women and queer people largely unable to define their sexual autonomy.
However, times have changed.
Just as we have treaty provisions that protect the rights to culture and to rest, Professor Hathaway argues that we now need to claim our right to sexual liberty.
“We need to go there now, that’s the next step, it’s a brave step and it’s the right one.”
Associate Professor Wayne Morgan, a globally recognised pioneer in the field of queer legal theory, commends Professor Hathaway on his advancement of queer rights.
“Professor Hathaway’s work on queer liberty provokes us to take both queer theory and queer rights seriously. It also places the emphasis back where it belongs: on sexual freedom and the diversity of non-normative sexual practice that deserves celebration and respect”.
Once confirmed for the Kirby Lecture, Professor Hathaway’s visit to the ANU College of Law soon evolved into a visiting fellowship.
“Professor Ogg and I decided to build something around the Kirby Lecture,” says Professor Hathaway.
A member of the World Refugee and Migration Council, Professor Hathaway’s visitor’s seminar, titled “Climate migrants as the new stateless persons”, explored climate migration and the climate refugee industry.
“This was a great opportunity to chat with people here who are interested in climate issues.”
In addition to the Kirby Lecture and his visitor’s seminar, Professor Hathaway presented at a class for Ellen Hansen’s International Refugee Law graduate course, where he spoke on the strengths and weaknesses in refugee law.
Professor Hathaway and Professor Kate Ogg also co-convened a day-long early career researcher workshop for ANU students engaged in doctoral projects relating to international migration and refugee protection concerns.
Throughout his fellowship, Professor Hathaway has enjoyed spending time with colleagues and has been pleasantly surprised by the Canberra food scene.
He has also enjoyed experiencing the tranquillity of the ANU campus.
“It’s easy to forget how nice it is to have a tranquil campus in the middle of a bustling city. Canberra is a wonderful place to live and work”.
“It’s also important for people to remember that ANU is a wonderful university that has a place on the global stage”.