‘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.

Sochi 2014 Winter Olympics and the Controversy of the Russian Propaganda Laws: is the IOC Buckling Under the Pressure of its own Incoherence in Thought?

The Sochi Winter Olympics were a triumph in the eyes of Russia and the International Olympic Committee (IOC). Yet, a controversy around the introduction of anti-propaganda laws in Russia that had been criticised for being discriminatory marred the efforts of the IOC to fulfil its self proclaimed aspiration of ‘encouraging the harmonious development of man’. This article discusses the controversy utilising a legally pluralist approach to sports governance, and providing a critical reading of the practices of neoliberal globalisation that marked the issue of sexuality at the Sochi games. The paper argues that the legal influence of the IOC on domestic and international legal norms is contradictory and inconsistent. This, when considered alongside the aspirations of the IOC is significantly problematic and demonstrates the importance of investigating the underlying power structures of this influential international governing body.

Beyond the Acronyms: Sport Diplomacy and the Classification of the International Olympic Committee

Diplomacy often finds itself reduced to actions centred on states. However, after the Cold War, international relations and diplomacy have expanded with different actors growing into significant roles, particularly in the increase of diplomatic relations in the context of sport. The classification and significance of other actors remains under-researched in relation to sport, with literature focusing more on the growth of new and varying practices of diplomacy. This analysis contends that there is a need to interrogate fundamental components of modern diplomacy—with the actor being the focus—more specifically the classification of sports organisations in diplomacy. It is relevant as a more accurate understanding of sports organisations will contribute to how diplomatic studies can analyse and evaluate modern diplomacy within the context of sport. The International Olympic Committee is the actor used to illustrate how problematic classifications currently in the academic literature translate into weak and reduced analysis and evaluation of its role and significance in diplomacy. As counterpoint, this analysis proposes an analytical framework of socio-legal theory that harnesses legal regulation as a benchmark to classify an actor’s capacity within a society. In consequence, the IOC is as an active and significant contributor to the ever expanding and complex diplomatic environment and wider society.

Comradeship of Cock? Gay porn and the entrepreneurial voyeur

Thirty years of academic and critical scholarship on the subject of gay porn have born witness to significant changes not only in the kinds of porn produced for, and watched by, gay men, but in the modes of production and distribution of that porn, and the legal, economic and social contexts in which it has been made, sold/shared, and watched. Those thirty years have also seen a huge shift in the cultural and political position of gay men, especially in the US and UK, and other apparently ‘advanced’ democracies. Those thirty years of scholarship on the topic of gay porn have produced one striking consensus, which is that gay cultures are especially ‘pornified’: porn has arguably offered gay men not only homoerotic visibility, but a heritage culture and a radical aesthetic. However, neoliberal cultures have transformed the operation and meaning of sexuality, installing new standards of performativity and display, and new responsibilities attached to a ‘democratisation’ that offers women and men apparently expanded terms for articulating both their gender and their sexuality. Does gay porn still have the same urgency in this context? At the level of politics and cultural dissent, what’s ‘gay’ about gay porn now? This essay questions the extent to which processes of legal and social liberalization, and the emergence of networked and digital cultures, have foreclosed or expanded the apparently liberationary opportunities of gay porn. The essay attempts to map some of the political implications of the ‘pornification’ of gay culture on to ongoing debates about materiality, labour and the entrepreneurial subject by analyzing gay porn blogs.

THE INTERPLAY PERFORMANCE PRACTICE: PLAY AND SOCIAL CHANGE IN LATE CAPITALISM

Practitioners of the performance form “InterPlay” utilize dance, storytelling and song to build community and generate social change. I elucidate how this community of practitioners conceptualizes “social change.” I argue that the InterPlay social movement organizes around the application of play to performances of self in everyday life. I explore how the InterPlay non-profit corporation, Body Wisdom Inc., employs this technique to address racial justice in its organizational practices. I also examine how practitioners understand their use of this performance play in places of work, concluding that—even in these endeavors—they see social change as a process immanent to both individual people and the systems they create, not as the intervention of an autonomous external power. Ultimately, I argue that, within late capitalism, play should no longer be conceptualized as an activity separate from everyday sociality but as an immanent process of change constitutive of a socioaesthetic domain.

Development Begins at Home: Women and the Domestic Economy in Brazil, 1945-1975

A number of historians of twentieth-century Latin America have identified ways that national labor laws, civil codes, social welfare programs, and business practices contributed to a gendered division of society that subordinated women to men in national economic development, household management, and familial relations. Few scholars, however, have critically explored women's roles as consumers and housewives in these intertwined realms. This work examines the Brazilian case after the Second World War, arguing that economic policies and business practices associated with “developmentalism” [Portuguese: desenvolvimentismo] created openings for women to engage in debates about national progress and transnational standards of modernity. While acknowledging that an asymmetry of gender relations persisted, the study demonstrates that urban women expanded their agency in this period, especially over areas of economic and family life deemed "domestic." This dissertation examines periodicals, consumer research statistics, public opinion surveys, personal interviews, corporate archives, the archives of key women’s organizations, and government officials’ records to identify the role that women and household economies played in Brazilian developmentalism between 1945 and 1975. Its principal argument is that business and political elites attempted to define gender roles for adult urban women as housewives and mothers, linking their management of the household to familial well-being and national modernization. In turn, Brazilian women deployed these idealized roles in public to advance their own economic interests, especially in the management of household finances and consumption, as well as to expand legal rights for married women, and increase women’s participation in the workforce. As the market for women's labor expanded with continued industrialization, these efforts defined a more active role for women in the economy and in debates about the trajectory of national development policies.

Graphic satire and the rise and fall of the First British Empire: political prints from the Seven Years' War to the Treaty of Paris, c. 1756-1783

This thesis examines the early stages of the transformation of emblematic political prints into political caricature from the beginning of the Seven Years' War (1756) to the Treaty of Paris, which ended the American Revolutionary War (1783). Both contextual and iconographical issues are investigated in relation to the debates occasioned by Britain's imperial project, which marked a period of dramatic expansion during the Seven Years' War, and ended with the loss of the American colonies, consequently framing this thesis as a study of political prints during the rise and fall of the so-called 'First British Empire'. Previous studies of eighteenth-century political prints have largely ignored the complex and lengthy evolutionary process by which the emblematic mode amalgamated with caricatural representation, and have consequently concluded that political prints excluded emblems entirely by the end of the 1770s. However, this study emphasizes the significance of the Wilkite movement for the promotion and preservation of emblems, and investigates how pictorial political argument was perceived and received in eighteenth-century British society, arguing that wider tastes and opinions regarding the utilization of political prints gradually shifted to accept both modes of representation. Moreover, the marketplace, legal status, topicality, and manufacturing methods of political prints are analyzed in terms of understanding the precarious nature of their consumption and those that endeavoured to engage in political printmaking. The evolution, establishment, and subsequent appropriation of pictorial tropes is discussed from the early modern period to the beginning of the so-called Golden Age of caricature, while tracing the adaptation of representational models in American colonial prints that employed emblems already entrenched in British pictorial political debate. Political prints from the two largest print collections, the British Museum and the Lewis Walpole Library at Yale are consulted, along with a number of eighteenth-century newspapers and periodicals, to develop the earlier research by M. Dorothy George, Charles Press, Herbert Atherton, Diana Donald, Amelia Rauser, and Eirwen Nicholson.

Towards a Bourdieusian analysis of the disabled body and practice: embodying negative symbolic capitals and the uneasy experience of hysteresis

Within the last few years, disabled people have become the target of government austerity measures through drastic cuts to welfare justified through the portrayal of benefit claimants as inactive, problem citizens who are wilfully unemployed. For all that is wrong with these cuts, they are one of many aspects of exclusion that disabled people face. Attitudes towards disability are deteriorating (Scope, 2011) and disabled people are devalued and negatively positioned in a myriad of ways, meaning that an understanding of the perceptions and positioning of disability and the power of disabling practices is critical. This thesis will examine how Bourdieu’s theoretical repertoire may be applied to the area of Disability Studies in order to discern how society produces oppressive and exclusionary systems of classification which structures the social position and perceptions of disability. The composite nature of disability and multiple forms of exclusion and inequality associated with it benefits from a multipronged approach which acknowledges personal, embodied and psychological aspects of disability alongside socio-political and cultural conceptualisations. Bourdieu’s approach is one in which the micro and macro aspects of social life are brought together through their meso interplay and provides a thorough analysis of the many aspects of disability.

Solidarity, the network and the history of workers' self-management from the Gdańsk Agreement to shock therapy

This PhD thesis is an empirical research project in the field of modern Polish history. The thesis focuses on Solidarity, the Network and the idea of workers’ self-management. In addition, the thesis is based on an in-depth analysis of Solidarity archival material. The Solidarity trade union was born in August 1980 after talks between the communist government and strike leaders at the Gdansk Lenin Shipyards. In 1981 a group called the Network rose up, due to cooperation between Poland’s great industrial factory plants. The Network grew out of Solidarity; it was made up of Solidarity activists, and the group acted as an economic partner to the union. The Network was the base of a grass-roots, nationwide workers’ self-management movement. Solidarity and the self-management movement were crushed by the imposition of Martial Law in December 1981. Solidarity revived itself immediately, and the union created an underground society. The Network also revived in the underground, and it continued to promote self-management activity where this was possible. When Solidarity regained its legal status in April 1989, workers’ self-management no longer had the same importance in the union. Solidarity’s new politico-economic strategy focused on free markets, foreign investment and privatization. This research project ends in July 1990, when the new Solidarity-backed government enacted a privatization law. The government decided to transform the property ownership structure through a centralized privatization process, which was a blow for supporters of workers’ self-management. This PhD thesis provides new insight into the evolution of the Solidarity union from 1980-1990 by analyzing the fate of workers’ self-management. This project also examines the role of the Network throughout the 1980s. There is analysis of the important link between workers’ self-management and the core ideas of Solidarity. In addition, the link between political and economic reform is an important theme in this research project. The Network was aware that authentic workers’ self-management required reforms to the authoritarian political system. Workers’ self-management competed against other politico-economic ideas during the 1980s in Poland. The outcome of this competition between different reform concepts has shaped modern-day Polish politics, economics and society.

Administrative justice and the control of bureaucratic decision-making: A study investigating how decision-makers in local authority education departments respond to the work of redress mechanisms

This socio-legal thesis has explored the factors responsible for explaining whether and how redress mechanisms control bureaucratic decision-making. The research considered the three principal institutions of administrative justice: courts, tribunals, and ombudsman schemes. The field setting was the local authority education area and the thesis examined bureaucratic decision-making about admissions to school, home-to-school transport, and Special Educational Needs (SEN). The thesis adopted a qualitative approach, using interviews and documentary research, within a multiple embedded case study design. The intellectual foundations of the research were inter-disciplinary, cutting across law, socio-legal studies, public administration, organization studies, and social policy. The thesis drew on these scholarly fields to explore the nature of bureaucratic decision-making, the extent to which it can be controlled and the way that learning occurs in bureaucracies and, finally, the extent to which redress mechanisms might exercise control. The concept of control was studied across all its dimensions – in relation both to ex post control in specific cases and the more challenging notion of ex ante or structuring control. The aim of the thesis was not to measure the prevalence of bureaucratic control by redress mechanisms, but to understand the factors that might explain its presence or absence in a particular area. The findings of the research have allowed for a number of analytical refinements and extensions to be made to existing theoretical and empirical understandings. 14 factors, along with 87 supporting propositions, have been set out with the aim of making empirically derived suggestions which can be followed up in future research. In terms of the thesis’ contribution to existing knowledge, its comparative focus and its emphasis on the broad notion of control offered the potential for new insights to be developed. Overall, the thesis claims to have made three contributions to the conceptual framework for understanding the exercise of control by redress mechanisms: it emphasizes the importance of ‘feedback’ in relation to the nature of the cases referred to redress mechanisms; it calls attention to the structure of bureaucratic decision-making as well as its normative character; and it discusses how the operational modes of redress mechanisms relate to their control functions.

People with psychiatric disabilities, employment, and the Americans with Disabilities Act : turning policy into practice : report from the Center for Mental Health Services ADA Roundtable, January 25-26, 1995 /

"The report ... summarizes the major points of discussion at the meeting as well as integrating other pertinent information"--P. iii.

Contested Play and Clean Water: McMillan Park, Race, and the Built Environment in Washington, D.C., 1900-1941

This study focuses on the intersection of the politics and culture of open public space with race relations in the United States from 1900 to 1941. The history of McMillan Park in Washington, D.C. serves as a lens to examine these themes. Ultimately, the park’s history, as documented in newspapers, interviews, reports, and photographs, reveals how white residents attempted to protect their dominance in a racial hierarchy through the control of both the physical and cultural elements of public recreation space. White use of discrimination through seemingly neutral desires to protect health, safety, and property values, establishes a congruence with their defense of residential property. Without similar access to legal methods, African Americans acted through direct action in gaps of governmental control. Their use of this space demonstrates how African-American residents of Washington and the United States contested their race, recreation, and spatial privileges in the pre-World War II era.

Reconfiguring or reproducing intra-professional boundaries? Specialist expertise, generalist knowledge and the ‘modernization’ of the medical workforce

Efforts to ‘modernize’ the clinical workforce of the English National Health Service have sought to reconfigure the responsibilities of professional groups in pursuit of more effective, joined-up service provision. Such efforts have met resistance from professions eager to protect their jurisdictions, deploying legitimacy claims familiar from the insights of the sociology of professions. Yet to date few studies of professional boundaries have grounded these insights in the specific context of policy challenges to the inter- and intra-professional division of labour, in relation the medical profession and other health-related occupations. In this paper we address this gap by considering the experience of newly instituted general practitioners (family physicians) with a special interest (GPSIs) in genetics, introduced to improve genetics knowledge and practice in primary care. Using qualitative data from four comparative case studies, we discuss how an established intra-professional division of labour within medicine—between clinical geneticists and GPs—was opened, negotiated and reclosed in these sites. We discuss the contrasting attitudes towards the nature of genetics knowledge and its application of GPSIs and geneticists, and how these were used to advance conflicting visions of what the nascent GPSI role should involve. In particular, we show how the claims to knowledge of geneticists and GPSIs interacted with wider policy pressures to produce a rather more conservative redistribution of power and responsibility across the intra-professional boundary than the rhetoric of modernization might suggest.

Bodies on the Line: Violence, Disposable Subjects, and the US-Mexico Border Industrial Complex

Bodies On the Line: Violence, Disposable Subjects, and the Border Industrial Complex explores the construction of identity and notions of belonging within an increasingly privatized and militarized Border Industrial Complex. Specifically, the project interrogates how discourses of Mexican migrants as racialized, gendered, and hypersexualized “deviants” normalize violence against border crossers. Starting at Juárez/El Paso border, I follow the expanding border, interrogating the ways that Mexican migrants, regardless of sexual orientation, have been constructed and disciplined according to racialized notions of “sexual deviance." I engage a queer of color critique to argue that sexual deviance becomes a justification for targeting and containing migrant subjects. By focusing on the economic and racially motivated violence that the Border Industrial Complex does to Mexican migrant communities, I expand the critiques that feminists of color have long leveraged against systemic violence done to communities of color through the prison industrial system. Importantly, this project contributes to transnational feminist scholarship by contextualizing border violence within the global circuits of labor, capital, and ideology that shape perceptions of border insecurity. The project contributes an interdisciplinary perspective that uses a multi-method approach to understand how border violence is exercised against Mexicans at the Mexico-US border. I use archival methods to ask how historical records housed at the National Border Patrol Museum and Memorial Library serve as political instruments that reinforce the contemporary use of violence against Mexican migrants. I also use semi-structured interviews with nine frequent border crossers to consider the various ways crossers defined and aligned themselves at the border. Finally, I analyze the master narratives that come to surround specific cases of border violence. To that end, I consider the mainstream media’s coverage, legal proceedings, and policy to better understand the racialized, gendered, and sexualized logics of the violence.

Gazes at the monster : courts, NGOs, and the UN Security Council

Tese (doutorado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2016.