7 resultados para Permanent Defence Force Other Ranks Representative Association

em WestminsterResearch - UK


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Sexuality was articulated by the apartheid state as a means of disciplining the white population and marginalizing white opponents of apartheid. As such, homophobia was a recurrent feature of political and legal discourse. The End Conscription Campaign (ECC) opposed compulsory conscription for all white men in the apartheid era South African Defence Force (SADF). Its challenge was a potentially radical and profoundly destabilizing one and it articulated a competing definition of citizenship to that offered by the state. The pro‐ and anti‐conscription discourse was inherently gendered and overtly sexualized. The South African government regularly associated men who objected to military service with effeminacy, cowardice and sexual ‘deviance’. The case of Dr Ivan Toms' objection, a gay objector who wished to cite his sexuality as a primary motivation for his objection, reveals the unwillingness of the ECC to engage in sexual politics. Using Shane Phelan's and Zygmunt Bauman's concept of friends, enemies and strangers, this paper investigates the construction of both white gay men and white people who opposed apartheid as ‘strangers’ and suggests that the deployment of homophobia by the state was a stigmatizing discourse aimed at purging the ECC's political message from the public realm. In this context the ECC adopted an assimilatory discursive strategy, whereby they attempted to be ‘respectable whites’, negotiating over shared republican territory. This populist strategy, arguably safer in the short term, avoided issues of sexuality and the fundamental conflation of sexuality and citizenship in apartheid South Africa. The ECC thus circumscribed its radical and deconstructive political potential and did not offer a ‘radical democratic’ message in opposition to apartheid.

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This article reflexively analyses the construction of identity and the representation of the past in qualitative interviews with white men who refused to serve in the apartheid-era South African Defence Force (SADF). The contribution that white male objectors made to the anti-apartheid struggle occupies an ambivalent and increasingly forgotten aspect of South African liberation history. In a reflexive research story, I argue that the gendered, sexual and raced subjectivities of the researcher and researched are central to the joint construction of meaning in the interview and in the creation of self-narratives. The article also analyses how the narratives of white men's involvement in resisting apartheid are defined by their perceived position and wider power struggles in contemporary South Africa.

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While there is no lack of studies on the use of armed force by states in self-defence, its qualification as an ‘inherent right’ in article 51 of the Charter of the United Nations has received little scholarly attention and has been too quickly dismissed as having no significance. The present article fills this gap in the literature. Its purpose is not to discuss the limits to which article 51 or customary international law submit the exercise of the right of self-defence by states, but to examine what its 'inherent’ character means and what legal consequences it entails. The article advances two main arguments. The first is that self-defence is a corollary of statehood as presently understood because it is essential to preserving its constitutive elements. The second argument is that the exercise of the right of self-defence must be distinguished from the right itself: it is only the former that may be delegated to other states or submitted to limitations under customary international law and treaty law. The right of self-defence, however, cannot be alienated and it takes precedence over other international obligations, although not over those specifically intended to limit the conduct of states in armed conflict or over non-derogable human rights provisions.

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The thesis is first and foremost the examination of the notion and consequences of ‘state failure’ in international law. The disputes surrounding criteria for creation and recognition of states pertain to efforts to analyse legal and factual issues unravelling throughout the continuing existence of states, as best evidenced by the ‘state failure’ phenomenon. It is argued that although the ‘statehood’ of failed states remains uncontested, their sovereignty is increasingly considered to be dependent on the existence of effective governments. The second part of this thesis focuses on the examinations of the legal consequences of the continuing existence of failed states in the context of jus ad bellum. Since the creation of the United Nations the ability of states to resort to armed force without violating what might be considered as the single most important norm of international law, has been considerably limited. State failure and increasing importance of non-state actors has become a greatly topical issue within recent years in both scholarship and the popular imagination. There have been important legal developments within international law, which have provoked much academic, and in particular, legal commentary. On one level, the thesis contributes to this commentary. Despite the fact that the international community continues to perpetuate a notion of ‘statehood’ which allows the state-centric system of international law to exist, when dealing with practical and political realities of state failure, international law may no longer consider external sovereignty of states as an undeniable entitlement to statehood. Accordingly, the main research question of this thesis is whether the implicit and explicit invocation of the state failure provides sufficient legal basis for the intervention in self-defence against non-state actors in located in failed states. It has been argued that state failure has a profound impact, the extent of which is yet to be fully explored, on the modern landscape of peace and security.

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This paper investigates relationships between modernity and monumentality in the architecture of Ludwig Mies van der Rohe. In his Modern Architecture, the critic and historian Kenneth Frampton separated Mies’ work into two historical periods, 1921-1933 and 1933-1967; the first he entitled ‘Mies van der Rohe and the significance of fact,’ the second ‘Mies van der Rohe and the monumentalisation of technique.’ The two historical periods correspond to two different geopolitical phases of Mies’ career, the first in Weimar Germany the second in the United States. By looking at a number of designs and texts made by Mies in the 1930’s and 1940’s, this essay questions the validity of separating Mies’ architecture into such clear-cut categories, where each one can enjoy a seeming independence from the other. The fulcrum for the discussion is Mies’ design of 1930 for a country golf clubhouse for the industrial town of Krefeld in north-western Germany. Our attention to the golf clubhouse design was prompted by the recent installation (2013), in which a 1-1 model of the design, made primarily from plywood, was erected in a field close the the site of Mies' original proposal.

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This paper explores responses to the exposure of blacklisting in the UK construction industry in the period following the closure of the Consulting Association (CA) in 2009. It asks whether employer collusion to blacklist in this way has been terminated and concludes that it is now largely of historical interest although other forms of anti-union activity continue. It highlights particularly the historic and continuing importance of ‘double breasting’ and reports on divergent employer paths in the aftermath of the exposure and subsequent closure of the activities of the CA.