My dissertation examines racial power dynamics and whiteness in a previously all-white suburban school district that is now home to a very racially, ethnically, religiously, and linguistically diverse population. Specifically, I explore how white parents make sense of and respond to changing racial demographics in their community and the extent to which whites maintain privilege and power as they comprise a declining proportion of the community population overall. In light of the current political and social context in the U.S that has accompanied demographic change, there is a great need to critically examine the racial ideologies of whites as they relate ongoing structures of inequality, particularly in suburban areas that are previous centers of white isolation and modern epicenters of demographic change. Using a multi-modal case study methodology, I found that in this particular suburban context, where residents of color possessed similar or greater levels of income and education than white residents, and students of color performed at similar levels as white students in the public schools, dominant ideologies that associated whiteness with superiority and goodness persisted and led some white parents to flee the changing community and schools. Moreover, despite the increasingly small proportion of whites in the community and schools, white parents and residents were able to leverage their racial privilege and status in ways that reasserted and maintained unequal racial power relations in Parkwood through school district policies and practices. This research highlights the often invisible and under-examined ways in which white interests are continuously centered and served in ways that reproduce structures of racism in the “post-racial” era. Overall, the findings from this study contradict dominant colorblind narratives and point to the many ways in which whiteness operates, often in surreptitious ways, to maintain the racial status quo and exert social control over people of color even in contexts in which logic might imply that the power and privilege associated with whiteness would be threatened.

Table of cases: leaves [771]-783 / Bibliography: leaves [784]-795 / 2 v. (xix, 795 leaves) ; 30 cm. / Title page, contents and abstract only. The complete thesis in print form is available from the University Library. / Thesis (Ph.D.)--University of Adelaide, Law School, 1988

Thesis (J.C.D.)--Catholic University of America, 1926. / Vita. eContent provider-neutral record in process. Description based on print version record. "Sources": p. iv. Bibliography: p. v-x.

Submitted by ANTONIO DE PADUA FARIA JUNIOR null (antoniofariajr@paduafariaadvogados.com.br) on 2016-11-07T11:47:55Z No. of bitstreams: 1 Dissertação Antônio Faria - finalizado e pronto para encadernação.pdf: 819773 bytes, checksum: 629c271cff4ddf43728ce3689bd5d367 (MD5) / Approved for entry into archive by LUIZA DE MENEZES ROMANETTO null (luizaromanetto@hotmail.com) on 2016-11-10T16:11:08Z (GMT) No. of bitstreams: 1 faria junior_ap_me_fran.pdf: 779133 bytes, checksum: d86f2ab8d3084fff29d80b82deb59357 (MD5) / Made available in DSpace on 2016-11-10T16:11:08Z (GMT). No. of bitstreams: 1 faria junior_ap_me_fran.pdf: 779133 bytes, checksum: d86f2ab8d3084fff29d80b82deb59357 (MD5) Previous issue date: 2016-09-29 / As imunidades tributárias, ao que todos sabem, encontram-se previstas no inciso VI do artigo 150 da Constituição Federal brasileira. Entretanto, o que muitos desconhecem e/ou não correlacionam, são os motivos pelos quais as imunidades tributárias foram criadas. O desconhecimento das causas de criação deste instituto de Direito Constitucional Tributário gera inúmeras imprecisões em sua aplicação prática, o que coloca em risco a própria proteção que o legislador constituinte buscou oferecer a determinados Direitos e Garantias fundamentais dos cidadãos. O objeto central do presente trabalho será a análise das imunidades tributárias previstas na alínea “d” e “e” do inciso VI do artigo 150 da Constituição Federal, que garante que livros, jornais e periódicos e o papel destinado a sua impressão e outros materiais devidamente previstos não serão atingidos pelo fenômeno da tributação. A relevância das alíneas mencionadas consiste nas diversas interpretações jurídicas dadas a sua redação, o que pode colocar em risco alguns dos Direitos e Garantias Fundamentais consagrados pela Constituição Federal brasileira, como por exemplo, o acesso à informação, liberdade de pensamento etc, a depender da posição que se adote, e é justamente para prevenir equívocos prejudiciais a estas prerrogativas constitucionais que se presta este trabalho. / The tax immunities, as everyone knows, are found at the section VI of article 150 of the Brazilian Federal Constitution. However, what many people do not know or do not correlate are the reasons whereby the tax immunities have been created. The ignorance of the creation causes of this Constitutional and Tributary institute generates several inaccuracies on it‟s practical application, what can take in risk the protection that the constituent tried to offer to some Fundamental Rights of the citizens. The task central goal will be the analysis of the tax immunities brought by the article 150, section VI, subsections “d” and “e” of the Federal Constitution, what ensure that books, newspapers, journals, the print paper and some other objects provided in constitutional text will not be reached by the any tax. The relevance of the mentioned subsection consists of several juridical interpretations on it‟s wording, what can take in risk some Fundamental Rights brought by the Brazilian Federal Constitution, as example, the information access, freedom of thought etc, all about the adopted interpretation, and this is exactly to avoid damaging mistakes to these constitutional rights that this task is made.

Within the first decade of the ICC‟s existence, its case docket was composed of cases originating from Africa only. Relations between the African governments represented by the AU quickly deteriorated. The AU accuses the ICC of bias and unfair targeting of Africa. After the indictment of heads of states that include Omar Al Bashir of Sudan, Uhuru Kenyatta of Kenya and the late Muammar Gaddafi of Libya, the AU passed several resolutions where it reiterated its commitment to the rule of law and to combating impunity. The AU, however, instructed member states to cease all cooperation with the ICC. African states that are ICC members are now faced with conflicting obligations as a result of the AU resolutions. Moreover, the AU resolutions raise the spectre of a legitimacy crisis for the AU and a conflict between articles 27(2) and 98(1) of the Rome Statute. Based mostly on desk research coupled with my experience working on human rights and access to justice programmes in Sudan, South Sudan, Somaliland, Ethiopia, Kenya, Uganda and Zimbabwe, this thesis considers the possibility that the ICC is suffering from a legitimacy crisis as a result of the fall out and the issues of unfair selectivity that are raised by the AU. Employing the Third World Approaches to International Law as an analytical framework, the study attempts to reconcile the apparent contradictions in the new outlook and rhetoric of the AU pursuant to its Constitutive Act and the instruction to member states to withdraw cooperation with the ICC. The thesis also proposes practical ways to resolve the conflicting obligations caused by the AU resolutions and by operation of customary international law immunity of high ranking state officials referred to the ICC by way of a Security Council resolution. The current situation gives the ICC the appearance of a weak institution that is only good for low hanging fruit, which has a negative effect on the legitimacy of the ICC.

O presente trabalho examina a interpretação das imunidades tributárias previstas no art. 150, VI, da Constituição Federal brasileira de 1988. Em primeiro lugar, são examinadas as teorias sobre a interpretação jurídica e conclui-se que a interpretação deve ser entendida como a construção do sentido do texto. No entanto, tal interpretação está limitada ao sentido literal possível do texto e, ademais, deve ser devidamente fundamentada, através do discurso argumentativo, de modo que a decisão possa ser intersubjetivamente controlada. Conclui-se que, no ordenamento jurídico brasileiro, têm primazia os argumentos de natureza linguística e sistemática, visto que se referem diretamente à ordem jurídica vigente. E, dentre os argumentos sistemáticos, deve-se prestigiar aquele sentido que seja mais consentâneo com o princípio constitucional subjacente ao dispositivo a ser interpretado. As mesmas conclusões aplicam-se às normas de Direito Tributário, já que estão sujeitas aos mesmos métodos de interpretação aplicáveis às demais normas jurídicas. Contudo, deve ser ressaltado que as normas que estabelecem a incidência dos tributos, bem como os preceitos que fixam a competência, incluindo as imunidades, têm sua interpretação limitada ao sentido literal possível, sendo vedado o recurso à analogia. Diante disso, afirma-se que, na aplicação desses preceitos, devem ser considerados principalmente os argumentos linguísticos, que limitam a interpretação ao sentido possível do texto, e os argumentos sistemáticos, que estudam a relação das imunidades com as outras normas inseridas no ordenamento pátrio, especialmente os princípios constitucionais. Nesse estudo, deve ser examinada a função exercida pelas imunidades, que não apenas bloqueiam a instituição de tributos, como podem resguardar certas condutas e promover um estado de coisas desejado pelo Estado. Estabelecidas tais premissas, são examinadas as imunidades do art. 150, VI, da Constituição, tendo em vista as principais questões hoje debatidas pela doutrina e pela jurisprudência acerca desses preceitos. / This thesis examines the interpretation of the tax immunities provided for in article 150, VI, of the Brazilian Constitution of 1988. Firstly, we will examine the main theories concerning juridical interpretation and we conclude that interpretation must be understood as the construction of the meaning of the text. However, the interpretation is limited to the possible literal meaning of the text and must also be fully justified, through an argumentative discourse, so that decisions can be controlled intersubjectivly. We conclude that, in light of Brazilian legal system, the linguistic and systematic arguments have precedence, since those arguments refer directly to the legal system now in force. Considering these systematic arguments, the interpreter should give precedence to the meaning that is more compatible with the principle underlying the provision subject to interpretation. The same conclusions apply to tax provisions, since they are subject to the same methods of interpretation applicable to other legal provisions. However, it should be stressed that the interpretation of provisions that regulate the incidence of taxes, as well as those that regulate taxation powers, including tax immunities, is limited to the possible literal meaning of the text, being forbidden the use of analogies. Therefore, in the interpretation of those provisions, we should consider mainly the linguistic arguments, which limit the interpretation to the possible meaning, and the systematic arguments, which study the relationship between tax immunities and other provisions of our legal system, especially the constitutional principles. In this study, it should be examined the functions performed by tax immunities, that not only prohibit taxation, but also can protect some types of conducts and promote a state of affairs desired by the State. Having established those premises, we examine the tax immunities provided for in article 150, VI, of Brazilian Constitution, in light of the main topics now debated by the literature and the case law concerning those provisions.

Whatever may be the policy of a (declaratory) power in the Crown conclusively to certify the limits of its territorial sovereignty, and whatever be the ultimate fate of such a power [linked, as it is in part, to the policy of. and indeed the existence of, a (constitutive) prerogative of cession] still at all events the constituent function of the Crown is founded upon the (constitutive) prerogative of annexation, as distinct from any declaratory power. To annexation the will and pleasure of the Crown is, as a matter of constitutional law, both sufficient and necessary, without regard to any consideration of international law. The necessity of Her Majesty's pleasure is supported inter alia by the case of Staples v. The Queen (1899) (unreported), heard on application to the Privy Council for leave to appeal from the High Court of Matabeleland. A full report of the proceedings in both courts, including argument and reasons, being appended; the Privy Council deciding that territory remained foreign notwithstanding destruction by armed force of the previous native sovereignty and ensuing complete control by the Crown ... The prerogative of legislation is considered; semble a grant of representative institutions may be held subject to a reservation of the prerogative of legislation contained in an earlier but governing instrument. A prerogative of the Crown to legislate for the subject even in foreign territory, wherever the Crown has assumed a jurisdiction, is supported by limited judicial authority whose correctness is doubted. The true extent is considered of the continuance of existing laws in conquered and ceded territories. The establishment of legislative institutions is considered. The incidents of these institutions are elaborated upon, and particularly the privileges of legislative bodies erected by the Crown. An account is given of the events in Newfoundland in August, 1838, giving rise to the leading case of Dr. Kielley in the Courts of Newfoundland, and, on appeal, in the Privy Council, laying down the rule that only necessary incidents are enjoyed at common law and not the lex et consuetude parliament! as known at Westminster: the rule herein laid down being applied more particularly against a power of committal for contempt. Earlier colonial and Privy Council precedents in the opposite sense are discussed. The rule is suggested to be one dictated by considerations of policy simply, and not determined by any particular view of the true basis of privilege in England. If anything, assimilation of the lex et consuetudo parliamenti to the common law serves as an argument for its passage to the colony, while attribution to lost statute might tend to establish peculiarity to England and colonial inapplicability; but the rule of inapplicability may be applied in any event.

The thesis explores the extent to which the UN post-conflict administrations are accountable towards the populations of the territories they administer. The post-conflict administrations temporarily assume legislative and administrative powers to support the peace processes, to help to resolve the sovereignty issues or to establish administrative structures that might be non-existent in these territories. The thesis argues that, while the exercise of these extensive powers entails the accountability of the UN, in practice this accountability is not effectively engaged. As opposed to other forms of accountability, the focus is on the international legal responsibility of the UN as the prominent and most meaningful form of accountability, in the accountability relationship between the administrator and the administered, which gives the populations of the administered territories the opportunity to challenge the acts of international administrations and seek redress. In exploring the legal responsibility of the UN and in line with Article 4 of the ILC Draft Articles on the Responsibility of International Organizations, which states only an act of an international organization that constitutes a breach of an international obligation entails its responsibility, this thesis initially explores the extent of international obligations arising from, and the extent of applicability of, three bodies of law. First, the thesis discusses the applicability of international humanitarian law, the fundamental principles of which have traditionally been part of UN peace operations practice. Next, it considers the applicability of the law of occupation, which shares stark factual similarities with the UN post-conflict administrations. Finally, the applicability of international human rights law, which is consistently part of the applicable law in post-conflict territories, and the protection and promotion of which is consistently included in the mandates of post-conflict administrations is examined. The thesis argues that the simultaneous application these bodies of law would help to create a legal framework to engage the accountability of UN post-conflict administrations and this legal framework should be complemented by effective accountability mechanisms.

The thesis covers the privileges and immunities provided to diplomatic agents in order to facilitate the performance of their functions. The main source of law is the Vienna Convention on Diplomatic Relations which has been signed at the end of the Vienna Conference on 18th April 1961 and remained unchanged even after 50 years in force. It reflected the previous codification attempts as well as the existing practice of the contractual states and established rules that together with the Vienna Convention on Consular Relations represent the basis in the field of diplomatic and consular law. The aim of the thesis is to describe particular privileges and immunities of the diplomatic agents, evaluate their applicability on the current diplomatic practice and consider whether the Vienna Convention represents a suitable regulation of the modern diplomatic relations. Examining both the practice of national courts and the International Court of Justice it is shown how the practice has changed over the past 50 years. The thesis covers the limits of such privileges and immunities, points out the possibilities of their abuse and presents examples of conflicts that arise in the current diplomatic practice. The thesis first deals with theoretical issues - it provides definitions of the diplomatic privileges and...

The thesis describes privileges and immunities provided to offices of diplomatic missions in order to facilitate carrying out international relations. The key legal document regulating diplomatic privileges and immunities is the Vienna Convention on Diplomatic Relations which commemorated 50 years of its existence this year - since it was signed on 18 April 1961 after the Vienna Conference. The aim of the thesis is to describe the contents of the individual privileges and immunities and to consider to which extent the Vienna Convention on Diplomatic Relations represents a suitable legal instrument even for the needs of the today's practice of diplomatic relations. First the thesis deals with general issues related to ensuring diplomatic privileges and immunities, theories which justify their necessity and selected provisions of the Vienna Convention. This is followed by an analysis of the individual privileges and immunities of a diplomatic mission - the right to display a flag, the inviolability of mission premises, the inviolability of mission archives and documents, tax privileges and the freedom of communication.