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Despite the wealth of folk music traditions in Portugal and the importance of the clarinet in the music of bandas filarmonicas, it is uncommon to find works featuring the clarinet using Portuguese folk music elements. In the interest of expanding this type of repertoire, three new works were commissioned from

Despite the wealth of folk music traditions in Portugal and the importance of the clarinet in the music of bandas filarmonicas, it is uncommon to find works featuring the clarinet using Portuguese folk music elements. In the interest of expanding this type of repertoire, three new works were commissioned from three different composers. The resulting works are Seres Imaginarios 3 by Luis Cardoso; Delirio Barroco by Tiago Derrica; and Memória by Pedro Faria Gomes. In an effort to submit these new works for inclusion into mainstream performance literature, the author has recorded these works on compact disc. This document includes interview transcripts with each composer, providing first-person discussion of each composition, as well as detailed biographical information on each composer. To provide context, the author has included a brief discussion on Portuguese folk music, and in particular, the role that the clarinet plays in Portuguese folk music culture.
ContributorsFerreira, Wesley (Contributor) / Spring, Robert S (Thesis advisor) / Bailey, Wayne (Committee member) / Gardner, Joshua (Committee member) / Hill, Gary (Committee member) / Schuring, Martin (Committee member) / Solis, Theodore (Committee member) / Arizona State University (Publisher)
Created2013
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Description
Since 9/11 a wide range of violent practices including indefinite detention, torture, and targeted killing have been employed by the United States and the "international community" against "international terrorism." Modern laws of war are portrayed as the bright line that distinguishes the "international community" from "unlawful combatants." The threat posed

Since 9/11 a wide range of violent practices including indefinite detention, torture, and targeted killing have been employed by the United States and the "international community" against "international terrorism." Modern laws of war are portrayed as the bright line that distinguishes the "international community" from "unlawful combatants." The threat posed by unlawful combatants has been portrayed as so exceptionally grave that the international community is justified in the transgression of those very laws of war that constitute the distinction between "us" and "them." In consequence the efficacy of modern laws of war to provide humanitarian protections has been cast into doubt and many characterize humanitarian laws of war as obsolete. Existing work on the politics of exception and the exclusion of Guantánamo Bay detainees from US federal law does not frame the problem of the exception in terms of international law. Though many consider the prerequisites for politics of exception absent in the international system, I argue that a dispersed notion of sovereignty and constructivist approaches to law resolve obstacles to considering the exception at the level of the state system. I explore system level exceptional politics through a critical reading of modern laws of war. Rejecting essentialist historical narratives, I first conduct a genealogical study of laws of war from ancient Greece through the Middle Ages. I then conduct a critical reading of three texts from the War on Terrorism; Barack Obama's 2009 Nobel Peace Prize acceptance speech, John Brennan's "The Ethics and Efficacy of the President's Counterterrorism Strategy," and Medea Benjamin's interruption of John Brennan. I argue that modern narratives of war law venerate codification and textually privilege a "mystical" figure of modern law. This figure empowers a universalized "international community" as law's privileged agent. Violence employed by this archetypal community, even when outside the law, is rendered ethically pure and historically necessary. In consequence modern humanitarian law as a bright line always permits excluded archetypal identities and vast powers of violence are mobilized by the "international community" against discrete individual human bodies who are identified with this excluded archetype, or who simply find themselves in the way.
ContributorsHickman, Peter L (Author) / Doty, Roxanne (Thesis advisor) / Ashley, Richard (Committee member) / Thomas, George (Committee member) / Arizona State University (Publisher)
Created2014
ContributorsBurton, Charlotte (Performer) / ASU Library. Music Library (Publisher)
Created2018-04-08
ContributorsDruesedow, Elizabeth (Performer) / ASU Library. Music Library (Publisher)
Created2018-04-07
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Description
In this discussion I will state fundamental principles of Kelsen's Legal Positivism in International Law and explain four problems with his theory. I will then propose two suggestions in the light of which Kelsen's theory is modified in this discussion and explain how these two suggestions address the four problems

In this discussion I will state fundamental principles of Kelsen's Legal Positivism in International Law and explain four problems with his theory. I will then propose two suggestions in the light of which Kelsen's theory is modified in this discussion and explain how these two suggestions address the four problems and help the theory account for regime change. Finally, I will address possible objections to the view advanced in this discussion.
ContributorsIoannidis, Christoforos (Author) / de Marneffe, Peter (Thesis advisor) / French, Peter (Committee member) / Fellmeth, Aaron (Committee member) / Arizona State University (Publisher)
Created2012
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Description
On December 27, 2008, Israel began a military campaign codenamed Operation Cast Lead with an aerial bombardment of the Gaza Strip. On January 3, 2009, Israel expanded its aerial assault with a ground invasion. Military operations continued until January 18, 2009, when Israel implemented a unilateral cease fire and withdrew

On December 27, 2008, Israel began a military campaign codenamed Operation Cast Lead with an aerial bombardment of the Gaza Strip. On January 3, 2009, Israel expanded its aerial assault with a ground invasion. Military operations continued until January 18, 2009, when Israel implemented a unilateral cease fire and withdrew its forces. When the hostilities had ended, between 1,166 and 1,440 Palestinians had been killed as a result of Israeli attacks, two-thirds of whom are estimated to be civilians. Ensuing allegations of international human rights (IHR) and international humanitarian law (IHL) violations were widespread. Amidst these claims, the United Nations Human Rights Council (UNHRC) commissioned a fact-finding team, headed by South African jurist Richard Goldstone, to investigate whether the laws of war were infringed upon. Their findings, published in a document known colloquially as the Goldstone Report, allege a number of breaches of the laws of occupation, yet give a cursory treatment to the preliminary question of the applicability of this legal regime. This paper seeks to more comprehensively assess whether Gaza could be considered occupied territory for the purposes of international humanitarian law during Operation Cast Lead. In doing so, this paper focuses on exactly what triggers and terminates the laws of occupation`s application, rather than the rights and duties derived from the laws of occupation. This paper proceeds with a brief discussion of the history of the Gaza occupation, including Israel`s unilateral evacuation of ground troops and settlements from within Gaza in 2005, a historic event that sparked renewed debate over Israel`s status as an Occupying Power vis-à-vis Gaza. The following section traces the development of the laws of occupation in instruments of IHL. The next section considers the relevant international case law on occupation. The following section synthesizes the various criteria from the IHL treaty and case law for determining the existence of a situation of occupation, and considers their application to the Gaza Strip during Operation Cast Lead. The concluding section argues that Israel maintained the status of Occupying Power during Operation Cast Lead, and discusses the legal implications of such a determination.
ContributorsNaser, Sam (Author) / Simmons, William (Thesis advisor) / Sylvester, Douglas (Committee member) / Rothenberg, Daniel (Committee member) / Arizona State University (Publisher)
Created2011
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Description
What explains why governments and militaries pursue accountability against some human rights violations committed by members of their armed forces during ongoing conflicts, but not other violations? Further, what are the consequences of such prosecutions for their military and governmental objectives? The theory put forth by this study suggests that

What explains why governments and militaries pursue accountability against some human rights violations committed by members of their armed forces during ongoing conflicts, but not other violations? Further, what are the consequences of such prosecutions for their military and governmental objectives? The theory put forth by this study suggests that rather than only the natural outcome of strong rule of law, domestic prosecutions within a state’s security apparatus represents a strategic choice made by political and military actors. I employ a strategic actor approach to the pursuit of accountability, suggesting that the likelihood of accountability increases when elites perceive they will gain politically or militarily from such actions. I investigate these claims using both qualitative and quantitative methods in a comparative study across the United States and the United Kingdom. This project contributes to interdisciplinary scholarly research relevant to human rights studies, human rights law, political science, democratic state-building, democratic governance, elite decision making, counter-insurgency, protests, international sanctions, and conflict resolution. Particularly, this dissertation speaks to the intersection of strategy and law, or “lawfare” a method of warfare where law is used as means of realizing a military objective (Dunlap 2001). It provides generalizable results extending well beyond the cases analyzed. Thus, the results of this project will interest those dealing with questions relating to legitimacy, human rights, and elite decision making throughout the democratic world.
ContributorsSimmons, Alan James (Author) / Wood, Reed (Thesis advisor) / Peskin, Victor (Thesis advisor) / Lake, Milli (Committee member) / Arizona State University (Publisher)
Created2018
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Description
The disputes in the South China Sea involve overlapping territorial claims from multiple nations and have grown increasingly contentious over the past decade. The area is rich in natural resources and is strategically significant regarding international trade and military capabilities. Due to the significance of the area, the competing claims

The disputes in the South China Sea involve overlapping territorial claims from multiple nations and have grown increasingly contentious over the past decade. The area is rich in natural resources and is strategically significant regarding international trade and military capabilities. Due to the significance of the area, the competing claims have global ramifications and the conflict involves actors beyond the region. This paper examines the geopolitical factors involved in the disputes and how they shape states' actions in relation to the South China Sea. Specifically, this paper will show how China's actions in the South China Sea reflect both the geography of the region, and also its political ambitions in the region and international community. The states' claims contend the territory, territoriality, and sovereignty of islands in the South China Sea, and are based on both international law and historical evidence illustrated in the case between the Philippines and China in the Scarborough Shoal. It demonstrates China's tactics for managing competing claims, its increasing military capabilities, and the uncertainty of resolutions to the conflict. The mechanisms for the resolution of the territorial disputes in the South China Sea are shown to be largely ineffective given the differing basis of claims over the South China Sea states have. International institutions, such as United Nations tribunals, and other nations without direct claims in the South China Sea, such as the United States, have interests in the conflict related to the peaceful resolution of disputes between nations, while also influencing states' actions. This paper reviews the concepts of geopolitics and how China's strategy in the South China Sea reflects both critical and classical geopolitics and its objective of regional hegemony.
ContributorsKelly, Megan Jean (Author) / Sivak, Henry (Thesis director) / Lundry, Chris (Committee member) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
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Description
This thesis is the culmination of the Barrett Honors Intercontinental Study Award. For this scholarship, I created a comparative legal study of the approaches to juvenile justice in Norway, Germany, Malawi, and Japan, focusing on their compliance with international norms of restorative justice practices advanced by the United Nations (UN)

This thesis is the culmination of the Barrett Honors Intercontinental Study Award. For this scholarship, I created a comparative legal study of the approaches to juvenile justice in Norway, Germany, Malawi, and Japan, focusing on their compliance with international norms of restorative justice practices advanced by the United Nations (UN) in the Convention on the Rights of the Child (CRC). Before commencing my comparative study, I traveled to Switzerland and Belgium to speak with restorative justice theorists at the UN and the International Juvenile Justice Observatory about the enduring relevancy of the CRC and international juvenile justice efforts. In the process, I examined how these international norms of restorative justice come to be incorporated in domestic legal systems. From this, I gained an understanding of the reasons some countries successfully adapt international norms while others struggle to uphold even the most basic human rights. My goal throughout this process has been to cull best practices for international norm creation and domestic norm implementation from this research, and further study how best to promote restorative juvenile justice in countries that do not meet international standards, beginning with the United States. For the purpose of this thesis, I will focus my analysis on Norway and Malawi.
ContributorsNicoletti, Brigitte (Author) / Herbert, Anne (Thesis director) / Durfee, Alesha (Committee member) / Barrett, The Honors College (Contributor)
Created2017-05
Description
This project includes a recording and performance guide for three newly commissioned pieces for the clarinet. The first piece, shimmer, was written by Grant Jahn and is for B-flat clarinet and electronics. The second piece, Paragon, is for B-flat clarinet and piano and was composed by Dr. Theresa Martin. The

This project includes a recording and performance guide for three newly commissioned pieces for the clarinet. The first piece, shimmer, was written by Grant Jahn and is for B-flat clarinet and electronics. The second piece, Paragon, is for B-flat clarinet and piano and was composed by Dr. Theresa Martin. The third and final piece, Duality in the Eye of a Bovine, was written by Kurt Mehlenbacher and is for B-flat clarinet, bass clarinet, and piano. In addition to the performance guide, this document also includes background information and program notes for the compositions, as well as composer biographical information, a list of other works featuring the clarinet by each composer, and transcripts of composer and performer interviews. This document is accompanied by a recording of the three pieces.
ContributorsPoupard, Caitlin Marie (Author) / Spring, Robert (Thesis advisor) / Gardner, Joshua (Thesis advisor) / Hill, Gary (Committee member) / Oldani, Robert (Committee member) / Schuring, Martin (Committee member) / Arizona State University (Publisher)
Created2016