‘State failure’ and the extraterritorial use of force in self-defence against non-state actors

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.

Towards an Asynchronous Cinema: how can the asynchronous use of sound in artists' moving image underpin the creation of dialectic tension between the audio, the visual and the audience?

This PhD by publication examines selected practice-based audio-visual works made by the author over a ten-year period, placing them in a critical context. Central to the publications, and the focus of the thesis, is an exploration of the role of sound in the creation of dialectic tension between the audio, the visual and the audience. By first analysing a number of texts (films/videos and key writings) the thesis locates the principal issues and debates around the use of audio in artists’ moving image practice. From this it is argued that asynchronism, first advocated in 1929 by Pudovkin as a response to the advent of synchronised sound, can be used to articulate audio-visual relationships. Central to asynchronism’s application in this paper is a recognition of the propensity for sound and image to adhere, and in visual music for there to be a literal equation of audio with the visual, often married with a quest for the synaesthetic. These elements can either be used in an illusionist fashion, or employed as part of an anti-illusionist strategy for realising dialectic. Using this as a theoretical basis, the paper examines how the publications implement asynchronism, including digital mapping to facilitate innovative reciprocal sound and image combinations, and the asynchronous use of ‘found sound’ from a range of online sources to reframe the moving image. The synthesis of publications and practice demonstrates that asynchronism can both underpin the creation of dialectic, and be an integral component in an audio-visual anti-illusionist methodology.