Jurisdiction Without Territory: From the Holy Roman Empire to the Responsibility to Protect

This Essay focuses upon one contemporary manifestation of that ongoing battle over the relationship between jurisdiction and control over territory-the emergence and institutionalization of the responsibility to protect concept. The idea that States and the international community have a responsibility to protect populations has shaped internationalist debates about conflict prevention, the use of force, and international administration since its development by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. The responsibility to protect concept is premised on the notion, to quote former Secretary- General Kofi Annan, that the primary raison d\u27être and duty of every State is to protect its population. If a State proves unable to protect its citizens, the responsibility to do so shifts to the international community. The concept was endorsed by the General Assembly in its World Summit Outcome, and has since garnered the support of States, international organizations and civil society, and informed major projects of institutional transformation at the United Nations

Jurisdiction Without Territory: From the Holy Roman Empire to the Responsibility to Protect

This Essay focuses upon one contemporary manifestation of that ongoing battle over the relationship between jurisdiction and control over territory-the emergence and institutionalization of the responsibility to protect concept. The idea that States and the international community have a responsibility to protect populations has shaped internationalist debates about conflict prevention, the use of force, and international administration since its development by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. The responsibility to protect concept is premised on the notion, to quote former Secretary- General Kofi Annan, that the primary raison d\u27être and duty of every State is to protect its population. If a State proves unable to protect its citizens, the responsibility to do so shifts to the international community. The concept was endorsed by the General Assembly in its World Summit Outcome, and has since garnered the support of States, international organizations and civil society, and informed major projects of institutional transformation at the United Nations

The Politics of Collective Security

Part I argues that conventional international legal analyses about Security Council actions do not consider the gender-differentiated effects of those actions. The universality of male interests is taken for granted by international lawyers. The first level of analysis thus involves adding women in; that is, considering the consequences that Security Council actions have had for women in Kuwait, Iraq, Cambodia, Somalia, Mozambique, Bosnia, and the United States. I argue that many women are in fact rendered less secure by actions authorized by the Security Council in the name of collective security. As a result, women must have a voice in the decisions about security that are supposedly made, in part, in their interests. Second, Part II argues that the assumptions which underlie theories of collective security limit the capacity of those theories to represent the security interests of many groups, including most women. Far from enabling a more secure global environment, the knowledge produced by international lawyers about disorder and chaos contributes to the creation of a context in which oppressive military and economic actions in the name of the Security Council are rendered both plausible and possibl

Nostalgia for the future. Gendered violence, post-apartheid spatiality and the male gaze: the troubled ‘new’ South Africa in Like Clockwork, Daddy’s Girl and Water Music, three crime novels by Margie Orford

The Clare Hart series consists of five crime novels. Submitted as the creative component of this PhD by publication are Like Clockwork, Daddy’s Girl and Water Music, the three novels that have gendered violence as their primary subject. The critical component is this essay. Through a consideration of the critical reception of my crime novels and trauma theory, I discuss the ways in which these novels represent the gendered violence of the new South Africa, and trouble the frameworks and assumptions through which such gendered violence is put into writing. At stake in this discussion are the parameters and possibilities of the crime genre; and the blind spots and assumptions informing some influential theories of trauma. A discussion of the representational strategies of my work elicits an argument that South African crime fiction has introduced a new iteration of post-colonial nostalgia, which can be termed a nostalgia for the future. Keywords: South Africa, gender, sexual violence, crime fiction, nostalgi

En defensa de la descripción

In his Philosophical Investigations, Ludwig Wittgenstein declared: “We must do away with all explanation, and description alone must take its place.” Michel Foucault in turn repeatedly referred to his method of study as description, arguing that the role of philosophy is not to reveal what is hidden, but rather to make us see what is seen. This essay suggests why the turn to description as a mode of legal writing might be a productive move at this time.En sus Investigaciones filosóficas, Ludwig Wittgenstein afirmó: “Debemos eliminar todas las explicaciones y solo la descripción debe ocupar su lugar”. Michel Foucault, a su vez, se refirió repetidamente a su método de estudio como descripción, argumentando que el rol de la filosofía no es revelar lo que está oculto, sino más bien hacernos ver. Este ensayo explica por qué el giro a la descripción, como un modo de escritura jurídica, podría ser un movimiento productivo en este momento

Securing the new world order: an analysis of representations of the legality of Security Council actions in the post-Cold War era

This thesis is a study of representations of international legal texts which describe and justify the post-Cold War role of the United Nations Security Council. The post-Cold War era has seen a revitalisation of the Security Council and an expansion of its role in maintaining international peace and security. The resulting debates about the legality, legitimacy and morality of Security Council actions reveal a great deal about the powerful myths that shape the identity and the identifications of internationalists. The thesis has three principal aims. The first is to analyse the theories of collective security upon which international legal doctrines are based. I explore the underlying assumptions about the causes of security crises and the effects of military intervention which inform arguments about the legitimacy of Security Council actions. Those assumptions limit the capacity of international lawyers to achieve the goals of peace and security or to engage with the process of globalisation. The second aim is to explore the operation of collective security texts at the ideological or cultural level. I argue that while international lawyers are not successful on their own terms in offering an account of the operation of law and politics in the collective security field, legal texts do have an effect as cultural products. Texts about intervention operate to legitimise and naturalise a new set of power relations emerging in the post-Cold War era. I draw on literary, cultural and film theory to explore the fascination, appeal and effects of intervention narratives. The third aim is to consider how international lawyers might develop the ethical practices necessary to think critically about the power effects of the knowledge they produce. I argue that such issues can only be addressed by complicating the way in which power is understood to be operating in and through international law. While international law remains concerned primarily with attempts to develop constraints on the exercise of power as it operates through repressive means at the level of the state or international organisations, it ignores forms of power that operate in more productive, private and personal ways. Those who participate in shaping perceptions of the legality of the actions of multilateral institutions need to develop a self-reflexive intellectual practice, one which recognises that law's stories are both an exercise and an effect of power relations.Thesis (Ph.D.) -- University of Adelaide, Dept. of Law, 199

Attitudes towards gambling in Finland : a cross-sectional population study

Background: Attitudes towards gambling influence gambling behaviour but also reflect the existing gambling policy in a society. However, studies examining general attitudes towards gambling at the population level are scarce. The first aim of this study was to investigate general attitudes of the Finnish population towards gambling. The second aim was to explore the association of socio-demographics, gambling behaviours, being a concerned significant other (CSO) of a problem gambler and perceived health and lifestyle with attitudes towards gambling among the Finnish population. Methods: A cross-sectional study was performed by structured telephone interview on a random sample of 15-74-year-old Finns between October 2011 and January 2012. The data (n = 4484) was weighted based on age, gender and region of residence. Attitudes towards gambling were measured with the eight-item version of the Attitude Towards Gambling Scale (ATGS-8). A factor analysis was performed to test the structure of the Finnish version of the ATGS-8. The data were analysed using one-way ANOVA test, t-test and multiple regression analysis. Results: On average, attitudes of Finns towards gambling were negative. The most significant factors associated with positive attitudes towards gambling were male gender, young age, 12 years or more education and net income more than 2000(sic), low score on gambling severity, being a non-CSO of a problem gambler and high alcohol consumption Conclusions: The association between young age, male gender, high net income and risky alcohol consumption, and favourable gambling attitudes was strong, and also reflects risky gambling behaviour. Experiencing gambling-related harms caused by one's own or significant other's excessive gambling seems to indicate unfavourable attitudes towards gambling.Peer reviewe

Investigating Genetic Determinants of Plasma Inositol Status in Adult Humans

BACKGROUND: Myo-inositol (MI) is incorporated into numerous biomolecules, including phosphoinositides and inositol phosphates. Disturbance of inositol availability or metabolism is associated with various disorders, including neurological conditions and cancers, while supplemental MI has therapeutic potential in conditions such as depression, polycystic ovary syndrome and congenital anomalies. Inositol status may be influenced by diet, synthesis, transport, utilisation and catabolism. OBJECTIVES: We aimed to investigate potential genetic regulation of circulating MI status and to evaluate correlation of MI concentration with other metabolites. METHODS: Gas chromatography mass spectrometry was used to determine plasma MI concentration of more than 2,000 healthy, young adults (aged 18-28 years) from the Trinity Student Study. Genotyping data was used to test association of plasma MI with SNPs in candidate genes, encoding inositol transporters and synthesising enzymes, and test for genome-wide association. We evaluated potential correlation of plasma MI with D-chiro inositol, glucose and other metabolites by Spearman's rank correlation. RESULTS: Mean plasma MI showed a small but significant difference between males and females (28.5 and 26.9 µM, respectively). Candidate gene analysis revealed several nominally significant associations with plasma MI, most notably for SLC5A11, encoding a sodium-coupled inositol transporter, also known as SMIT2 (sodium-dependent myo-inositol transporter 2). However, these did not survive correction for multiple testing. Subsequent testing for genome-wide association with plasma MI did not identify associations of genome-wide significance (p < 5 × 10-8). However, 8 SNPs exceeded the threshold for suggestive significant association with plasma MI concentration (p < 1 × 10-5), 3 of which were located within or close to genes: MTDH, LAPTM4B and ZP2. We found significant positive correlation of plasma MI concentration with concentration of D-chiro-inositol and several other biochemicals including glucose, methionine, betaine, sarcosine and tryptophan. CONCLUSION: Our findings suggest potential for modulation of plasma MI in young adults by variation in SLC5A11 which is worthy of further investigation

Particularized protection: UNSC mandates and the protection of civilians in armed conflict

The protection of civilians at risk in armed conflict has, since the late 1990s, become institutionalized at the United Nations (UN), gaining acceptance as a normative rationale for UN peacekeeping. However, the bulk of civilians in need of protection in armed conflict are unlikely to attain it. The article develops an argument on ‘particularized protection’ - particularized in that UN Security Council (SC) mandates are formulated and adjusted over time to direct mission protection to specific subsets of civilian populations, that is, those relevant to the UN itself, the host state, other states, NGOs and the media, leaving most local civilians receiving little effective protection. Particularized protection, we argue, is a result of the institutional dynamics involving actors producing mandates - the UNSC - and those providing protection - peacekeeping missions - whereby mandates are specified to direct mission protection to selected, particularized groups. We demonstrate these dynamics in two cases, Côte d’Ivoire and Somalia