An overview of top-down vs. bottom-up models for informal settlement upgrading in South Africa

The paper explores informal settlement upgrading approaches in South Africa and presents a review of top-down vs. bottom-up models, using experience and lessons learned from the Durban metropolitan area. Reflections on past upgrading efforts suggest that top-down policies in South Africa have not been successful to date. By contrast, participatory techniques, such as planning activism, can be used to enhance community empowerment and a sense of local ownership. This paper reveals that although the notion of ‘bottom-up’, participatory methods for community improvement is often discussed in international development discourses, the tools, processes and new knowledge needed to ensure a successful upgrade are under-utilised. Participation and collaboration can mean various things for informal housing upgrading and often the involvement of local communities is limited to providing feedback in already agreed development decisions from local authorities and construction companies. The paper concludes by suggesting directions for ‘co-producing’ knowledge with communities through participatory, action-research methods and integrating these insights into upgrading mechanisms and policies for housing and infrastructure provision. The cumulative impacts emerging from these approaches could aggregate into local, regional, and national environmental, social and economic benefits able to successfully transform urban areas and ensure self-reliance for local populations.

A ‘right to have rights’ in the EU public sphere? An Arendtian justification for the application of the EU Charter of Fundamental Rights

This paper discusses the Court’s reasoning in interpreting the EU Charter, using recent case law on horizontal effect as a case study. It identifies two possible means of interpreting the provisions of the Charter: firstly, an approach based on common values (e.g. equality or solidarity) and, secondly, an approach based on access to the public sphere. It argues in favour of the latter. Whereas an approach based on common values is more consonant with the development of the case law so far, it is conceptually problematic: it involves subjective assessments of the importance and degree of ‘sharedness’ of the value in question, which can undermine the equal constitutional status of different Charter provisions. Furthermore, it marginalises the Charter’s overall politically constructional character, which distinguishes it from other sources of rights protection listed in Art 6 TEU. The paper argues that, as the Charter’s provisions concretise the notion of political status in the EU, they have a primarily constitutional, rather than ethical, basis. Interpreting the Charter based on the very commitment to a process of sharing, drawing on Hannah Arendt’s idea of the ‘right to have rights’ (a right to access a political community on equal terms), is therefore preferable. This approach retains the pluralistic, post-national fabric of the EU polity, as it accommodates multiple narratives about its underlying values, while also having an inclusionary impact on previously underrepresented groups (e.g. non-market-active citizens or the sans-papiers) by recognising their equal political disposition.

Fucking Failures: The Future of Fat Sex

In the context of the obesity ‘epidemic’ fat people’s sex lives are cast as sterile, sexually dysfunctional or just plain non-existent. This article analyzes medical discourses of obesity and sex in order to argue that fat sex is constructed as a type of failure. Using insights from antisocial queer theory, fat sex is further shown to be queer in its failure to adhere to the specifically heteronormative dictates of what Edelman (2004) calls ‘reproductive futurism’. The analysis finally engages with Halberstam’s (2011) notion of queer failure to demonstrate how deconstructing notions of success and failure might offer fat political projects new ways to imagine the future of fat sex.

Rethinking Care Through Social Reproduction: Articulating Circuits of Migration

Care has come to dominate much feminist research on globalized migrations and the transfer of labor from the South to the North, while the older concept of reproduction had been pushed into the background but is now becoming the subject of debates on the commodification of care in the household and changes in welfare state policies. This article argues that we could achieve a better understanding of the different modalities and trajectories of care in the reproduction of individuals, families, and communities, both of migrant and nonmigrant populations by articulating the diverse circuits of migration, in particular that of labor and the family. In doing this, I go back to the earlier North American writing on racialized minorities and migrants and stratified social reproduction. I also explore insights from current Asian studies of gendered circuits of migration connecting labor and marriage migrations as well as the notion of global householding that highlights the gender politics of social reproduction operating within and beyond households in institutional and welfare architectures. In contrast to Asia, there has relatively been little exploration in European studies of the articulation of labor and family migrations through the lens of social reproduction. However, connecting the different types of migration enables us to achieve a more complex understanding of care trajectories and their contribution to social reproduction.

Temporalization of History and Methodological Perspectivism

This essay aims to explore the issue of methodologic perspectivism in Kosselleck’s thought considering as cornerstone the concept of temporalization. The first section links the concepts of temporalization and secularization introducing beforehand philosophies of the history from Sattelzeit time. Then the text focuses on reconstructing the notion of temporalization based on an emerging tension between the language and the reality it describes. This article concludes bringing up the notion of ficcionality as a key element in Koselleck’s theory of history making up for the methodological deficits after this tension. The unifying thread of this essay is that the theoretical project of a conceptual history it is not only an analysis method but mainly a theory of modernity.

The concept of transport capacity and its use in different geomorphic process domains

The notion of sediment-transport capacity has been engrained in geomorphological and related literature for over 50 years, although its earliest roots date back explicitly to Gilbert in fluvial geomorphology in the 1870s and implicitly to eighteenth to nineteenth century developments in engineering. Despite cross fertilization between different process domains, there seem to have been independent inventions of the idea in aeolian geomorphology by Bagnold in the 1930s and in hillslope studies by Ellison in the 1940s. Here we review the invention and development of the idea of transport capacity in the fluvial, aeolian, coastal, hillslope, débris flow, and glacial process domains. As these various developments have occurred, different definitions have been used, which makes it both a difficult concept to test, and one that may lead to poor communications between those working in different domains of geomorphology. We argue that the original relation between the power of a flow and its ability to transport sediment can be challenged for three reasons. First, as sediment becomes entrained in a flow, the nature of the flow changes and so it is unreasonable to link the capacity of the water or wind only to the ability of the fluid to move sediment. Secondly, environmental sediment transport is complicated, and the range of processes involved in most movements means that simple relationships are unlikely to hold, not least because the movement of sediment often changes the substrate, which in turn affects the flow conditions. Thirdly, the inherently stochastic nature of sediment transport means that any capacity relationships do not scale either in time or in space. Consequently, new theories of sediment transport are needed to improve understanding and prediction and to guide measurement and management of all geomorphic systems.

Comparing long-term placements for young children in care: Does type of placement really matter?

This paper presents findings from the third phase of a longitudinal study, entitled Care Pathways and Outcomes, which has been tracking the placements and measuring outcomes for a population of children (n = 374) who were under the age of five and in care in Northern Ireland on the 31st March 2000. It explores how a sub-sample of these children at age nine to 14 years old were getting on in the placements provided for them, in comparative terms across five placement types: adoption; foster care; kinship foster care (with relatives); on Residence Order; and living with birth parents. This specifically focused on the development of attachment and self-concept from the perspective of the children, and behavioural and emotional function, and parenting stress, from the perspective of parents and carers. Findings showed no significant placement effect from the perspective of children, and a statistically weak, but descriptively compelling, effect from the perspective of parents. The findings challenge the notion of adoption as the gold standard in long-term placements, specifically from the perspective of children in terms of their parent/carer attachments and self-concept, and highlight what appears to be the central importance of placement longevity for delivering positive longer-term outcomes for these children, irrespective of placement type.

Overlapping Notions of Self and Other: the Case of the Anabaptist Body

This paper examines the complex interrelations between notions of ͚“elf͛ and ͚Otheƌ͛ with regards to human bodies, taking as a case study the bodily experiences of Anabaptist Christians, both historically and in the present day. It first examines body practices and discourses through the lens of Anabaptist approaches to baptism and conscience and it relates these to the Foucauldian notion of care of the Self. It then looks at biopolitical relations between individuals and the state through an examination of oath-taking and anti-war protests. Finally, it discusses the roles of bodies and bodiliness in contemporary Anabaptist commemorative practices. 

Platform Privacy: The Missing Piece of Data Protection Legislation

After years of deliberation, the EU commission sped up the reform process of a common EU digital policy considerably in 2015 by launching the EU digital single market strategy. In particular, two core initiatives of the strategy were agreed upon: General Data Protection Regulation and the Network and Information Security (NIS) Directive law texts. A new initiative was additionally launched addressing the role of online platforms. This paper focuses on the platform privacy rationale behind the data protection legislation, primarily based on the proposal for a new EU wide General Data Protection Regulation. We analyse the legislation rationale from an Information System perspective to understand the role user data plays in creating platforms that we identify as “processing silos”. Generative digital infrastructure theories are used to explain the innovative mechanisms that are thought to govern the notion of digitalization and successful business models that are affected by digitalization. We foresee continued judicial data protection challenges with the now proposed Regulation as the adoption of the “Internet of Things” continues. The findings of this paper illustrate that many of the existing issues can be addressed through legislation from a platform perspective. We conclude by proposing three modifications to the governing rationale, which would not only improve platform privacy for the data subject, but also entrepreneurial efforts in developing intelligent service platforms. The first modification is aimed at improving service differentiation on platforms by lessening the ability of incumbent global actors to lock-in the user base to their service/platform. The second modification posits limiting the current unwanted tracking ability of syndicates, by separation of authentication and data store services from any processing entity. Thirdly, we propose a change in terms of how security and data protection policies are reviewed, suggesting a third party auditing procedure.

‘Abuse of Rights’ in Belgian and French Patent Law – A Case Law Analysis

This paper examines what types of actions undertaken by patent holders have been considered as abusive in the framework of French and Belgian patent litigation. Particular attention is given to the principle of the prohibition of “abuse of rights” (AoR). In the jurisdictions under scrutiny, the principle of AoR is essentially a jurisprudential construction in cases where judges faced a particular set of circumstances for which no codified rules were available. To investigate how judges deal with the prohibition of AoR in patent litigation and taking into account the jurisprudential nature of the principle, an in-depth and comparative case law analysis has been conducted. Although the number of cases in which patent holders have been sanctioned for such abuses is not overabundant, they do provide sufficient leads on what is understood by Belgian and French courts to constitute an abuse of patent rights. From this comparative analysis, useful lessons can be learned for the interpretation of the ambiguous notion of ‘abuse’ from a broader perspective.

Deterministic Genericity and the Computation of homological Invariants

The main goal of this thesis is to discuss the determination of homological invariants of polynomial ideals. Thereby we consider different coordinate systems and analyze their meaning for the computation of certain invariants. In particular, we provide an algorithm that transforms any ideal into strongly stable position if char k = 0. With a slight modification, this algorithm can also be used to achieve a stable or quasi-stable position. If our field has positive characteristic, the Borel-fixed position is the maximum we can obtain with our method. Further, we present some applications of Pommaret bases, where we focus on how to directly read off invariants from this basis. In the second half of this dissertation we take a closer look at another homological invariant, namely the (absolute) reduction number. It is a known fact that one immediately receives the reduction number from the basis of the generic initial ideal. However, we show that it is not possible to formulate an algorithm – based on analyzing only the leading ideal – that transforms an ideal into a position, which allows us to directly receive this invariant from the leading ideal. So in general we can not read off the reduction number of a Pommaret basis. This result motivates a deeper investigation of which properties a coordinate system must possess so that we can determine the reduction number easily, i.e. by analyzing the leading ideal. This approach leads to the introduction of some generalized versions of the mentioned stable positions, such as the weakly D-stable or weakly D-minimal stable position. The latter represents a coordinate system that allows to determine the reduction number without any further computations. Finally, we introduce the notion of β-maximal position, which provides lots of interesting algebraic properties. In particular, this position is in combination with weakly D-stable sufficient for the weakly D-minimal stable position and so possesses a connection to the reduction number.

Finding the idea of home

La notion de chez-soi est porteuse d’un imaginaire foisonnant et génère un grand intérêt dans notre culture et société. Bien qu’elle soit une considération importante pour la plupart d’entre nous, l’architecte occupe une position privilégiée qui lui permette d’agir sur le chez-soi de manière significative et tangible. La présente recherche explore le concept du chez-soi tel qu’étudié par les architectes et non-architectes de manière à comprendre son impact sur la création du lieu et sur la construction des environnements domestiques en Amérique du nord. Un regard porté sur les connotations entre espace et lieu, à travers la temporalité, les comportements et les perspectives sociales, supporte l’épistémologie du chez-soi comme un élément important des théories et pratiques de design contemporain. Le démantèlement hypothétique d’un espace en ses composantes suppose que les dispositifs architecturaux peuvent être modelés de manière à ce qu’ils opèrent un transfert depuis la maison, en tant qu’élément physique, vers le domaine psychologique du chez-soi. Afin d’élargir la maniabilité des éléments constitutifs du bâtiment et de son environnement, six thèmes sont appliqués à trois champs de données. Les six thèmes, qui incluent l’entre-deux, la limite, la voie, le nœud, le détail et la représentation, illustrent des moments architecturaux déterminants, potentiellement présents à l’intérieur et à l’extérieur du projet domestique et qui transforment les comportements physiques et psychiques. Depuis la pratique normalisée du logement social et abordable au Canada, une analyse de photographies de maisons abordables existantes, du discours critique sur cette typologie et de projets de recherche-création conduits par des étudiants en architecture, révèle le caractère opérationnel de la notion de chez-soi et consolide les valeurs de communauté et de frontière. L’objectif premier de la recherche est d’avancer la production de connaissances en architecture par l’exploration de la notion de chez­soi dans l’enseignement, la recherche et le design. L’approche fonctionnaliste vis-à-vis le < penser > en design, place l’usager au centre de l’environnement domestique, soutient la proposition que le chez­soi donne sens et utilité au logement, et renforce la responsabilité éthique de l’architecte à faire de cette notion une partie intégrante de la réalité quotidienne.

Imperfect indifference : the rhythm, structure and politics of neutrality

Cette thèse propose l’émergence d’une poésie de l’entre deux dans la littérature expérimentale, en suivant ses développements du milieu du vingtième siècle jusqu'au début du vingt-et-unième. Cette notion d’entre-deux poétique se fonde sur une théorie du neutre (Barthes, Blanchot) comme ce qui se situe au delà ou entre l'opposition et la médiation. Le premier chapitre retrace le concept de monotonie dans la théorie esthétique depuis la période romantique où il est vu comme l'antithèse de la variabilité ou tension poétique, jusqu’à l’émergence de l’art conceptuel au vingtième siècle où il se déploie sans interruption. Ce chapitre examine alors la relation de la monotonie à la mélancolie à travers l’analyse de « The Anatomy of Monotony », poème de Wallace Stevens tiré du recueil Harmonium et l’œuvre poétique alphabet de Inger Christensen. Le deuxième chapitre aborde la réalisation d’une poésie de l’entre-deux à travers une analyse de quatre œuvres poétiques qui revisitent l’usage de l’index du livre paratextuel: l’index au long poème “A” de Louis Zukofsky, « Index to Shelley's Death » d’Alan Halsey qui apparait à la fin de l’oeuvre The Text of Shelley's Death, Cinema of the Present de Lisa Robertson, et l’oeuvre multimédia Via de Carolyn Bergvall. Le troisième chapitre retrace la politique de neutralité dans la théorie de la traduction. Face à la logique oppositionnelle de l’original contre la traduction, il propose hypothétiquement la réalisation d’une troisième texte ou « l’entre-deux », qui sert aussi à perturber les récits familiers de l’appropriation, l’absorption et l’assimilation qui effacent la différence du sujet de l’écrit. Il examine l’oeuvre hybride Secession with Insecession de Chus Pato et Erin Moure comme un exemple de poésie de l’entre-deux. A la fois pour Maurice Blanchot et Roland Barthes, le neutre représente un troisième terme potentiel qui défie le paradigme de la pensée oppositionnelle. Pour Blanchot, le neutre est la différence amenée au point de l’indifférence et de l’opacité de la transparence tandis que le désire de Barthes pour le neutre est une utopie lyrique qui se situe au-delà des contraintes de but et de marquage. La conclusion examine comment le neutre correspond au conditions de liberté gouvernant le principe de créativité de la poésie comme l’acte de faire sans intention ni raison.

Faulkner revisited : narrating property, race, gender and history in William Faulkner's Go Down, Moses, Toni Morrison's Song of Solomon and Gloria Naylor's Mama Day

My thesis explores the formation of the subject in the novels of Faulkner’s Go Down, Moses, Toni Morrison’s Song of Solomon, and Gloria Naylor’s Mama Day. I attach the concept of property in terms of how male protagonists are obsessed with materialistic ownership and with the subordination of women who, as properties, consolidate their manhood. The three novelists despite their racial, gendered, and literary differences share the view that identity and truth are mere social and cultural constructs. I incorporate the work of Judith Butler and other poststructuralist figures, who see identity as a matter of performance rather than a natural entity. My thesis explores the theme of freedom, which I attached to the ways characters use their bodies either to confine or to emancipate themselves from the restricting world of race, class, and gender. The three novelists deconstruct any system of belief that promulgates the objectivity of truth in historical documents. History in the three novels, as with the protagonists, perception of identity, remains a social construct laden with distortions to serve particular political or ideological agendas. My thesis gives voice to African American female characters who are associated with love and racial and gender resistance. They become the reservoirs of the African American legacy in terms of their association with the oral and intuitionist mode of knowing, which subverts the male characters’ obsession with property and with the mainstream empiricist world. In this dissertation, I use the concept of hybridity as a literary and theoretical devise that African-American writers employ. In effect, I embark on the postcolonial studies of Henry Louise Gates, Paul Gilroy, W. E. B Du Bois, James Clifford, and Arjun Appadurai in order to reflect upon the fluidity of Morrison’s and Naylor’s works. I show how these two novelists subvert Faulkner’s essentialist perception of truth, and of racial and gendered identity. They associate the myth of the Flying African with the notion of hybridity by making their male protagonists criss-cross Northern and Southern regions. I refer to Mae Gwendolyn Henderson’s article on “Speaking in Tongues” in my analysis of how Naylor subverts the patriarchal text of both Faulkner and Morrison in embarking on a more feminine version of the flying African, which she relates to an ex-slave, Sapphira Wade, a volatile female character who resists fixed claim over her story and identity. In dealing with the concept of hybridity, I show that Naylor rewrites both authors’ South by making Willow Springs a more fluid space, an assumption that unsettles the scores of critics who associate the island with authenticity and exclusive rootedness.

‘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.