Withdrawal of reservations and of objections to reservations Article Entry into force Article Pacta sunt servanda Article Internal law and observance of treaties. Non-retroactivity of treaties Article Territorial scope of treaties Article Application of successive treaties relating to the same subject-matter. General rule of interpretation Article Supplementary means of interpretation Article Interpretation of treaties authenticated in two or more languages. General rule regarding third States Article Treaties providing for obligations for third States Article Treaties providing for rights for third States Article Revocation or modification of obligations or rights of third States Article Rules in a treaty becoming binding on third States through international custom.
Validity and continuance in force of treaties Article Obligations imposed by international law independently of a treaty Article Separability of treaty provisions Article Loss of a right to invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty. Provisions of internal law regarding competence to conclude treaties Article Specific restrictions on authority to express the consent of a State Article Corruption of a representative of a State Article Coercion of a representative of a State Article Coercion of a State by the threat or use of force Article Treaties conflicting with a peremptory norm of general international law jus cogens.
Simmons College Bound by the State: In other words, is there useful evidence of self governing within a subculture that is stigmatized and harshly regulated by heteronormativity? BDSM subcultures internal systems of governance tend to avoid dealing with traditional modalities of policing or heteronormative juridical governance.
Often members have an understanding of formally established state entities as misinterpreting the signifiers that become resignified within the context of BDSM play. This misinterpretation has resulted in the community taking measures to clarify their sexuality. After going into further detail about consent and the Consent Counts project I will use examples found within queer theory that illustrate the misinterpretation that the project aims to correct.
Section 1. - Conclusion of Treaties
However, Foucault is also careful to not reestablish the centrality of governmentality and thereby replace one imaginary entity for another. Instead, governmentality is conceived of in terms of its function rather than placement in the scheme of politics and political theory. This conceptualization allows for more fluidity and movement. It also transforms our thinking of the state from a stable entity acting on subjects or citizens into an effect.
The state, within this line of reasoning, is also the result of the our imagining of it. One of the consequences of this conceptual shift is a greater demand to examine modes of governmentality in relation to each other.
- Honor and Hope: A Contemporary Romantica Based on Pride and Prejudice;
- Section 2. - Reservations.
- Leading universities.
- Berkeley: Philosophy in an Hour!
- Kaufmans Clinical Neurology for Psychiatrists E-Book (Major Problems in Neurology).
- Documents of the 21st meeting.
A Foucauldian analysis must therefore take into account the myriad ways governmentality and, more broadly, power overlap, undercut, cycle through and traverse each other as differing modes of influence. This type of analysis necessitates an investigation that goes beyond the acceptance or denial of juridical practices. While the conceptual shift from stability to functionality in conjuring notions of the state is relatively simple, seeing how it plays out phenomenologically can be a little more tricky.
Bearing this in mind, the following section starts our exploration of the Consent Counts project by illustrating two examples of how the notion of consent functions within the BDSM subculture and penetrates broader culture. Wiggle Room If we accept that governmentality allows for an analysis of function then examining how the notion of consent works within and around the BDSM subculture can prove to be a fruitful endeavor. In this section, I understand the notion of consent as a moral function akin to governmentality because it is not strictly regulatory in nature.
In a more Foucauldian sense, consent is an enabling and constraining mechanism that also compels the actions of individuals within the BDSM subcultural community. Consent is so entrenched in BDSM activity that any cursory read of the community would show that consent is the necessary condition for all BDSM activity. In fact, the necessity of consent in explaining and thinking about BDSM as a practice and mode of sexual expression cannot be overstated. Consent is to BDSM what water is to fish. Even so, the concept of consent is burdened with the intricate ethical dilemmas of autonomy, patriarchy and even epistemology.
Those particular inquiries, while fascinating and worthwhile, are beyond the scope of this paper. Instead here I hope to illustrate that there is a shared definition of informed consent that is present and crucial within the BDSM subculture. Recent scholarship suggests the importance of consent within the BDSM community by analyzing how one informs the other.
His philosophically reasoned investigation leads him to conclude that consent cannot justify any action that undercuts autonomy. More specifically, he is addressing the moral legitimacy of consensual-non-consent. Nielsen finds this morally acceptable in some cases where the autonomy of the consenting individual is not threatened. Consent in the context of this ethical philosopher is understood as a legitimizing force in constructing BDSM activity as morally acceptable.
This is one way to employ consent that has traditionally been used by those wishing to illustrate opposition to the anti-BDSM moral claims. Therefore, in some ways, we can understand the notion of consent as a foundational force legitimizing BDSM activity.
Consent to Be Bound Sample Clauses
Another possible interpretation of consent, illustrated by both scholars and those within the BDSM community, suggests the BDSM community has a better understanding of consent and can therefore help educate broader culture. For instance, Dulcinea Pitagora has argued that the requirement of express consent practiced within BDSM should be extended to broader more mainstream sexualities.
- Vom Hass getrieben - Folge 15 (Der Kopfgeldjäger - Western-Serie von Pete Hackett) (German Edition).
- Das Wechselspiel zwischen den Eliten in Politik und Massenmedien am Beispiel des Fernsehens: eine Krise der politischen Kommunikation? (German Edition).
- Publishing and Marketing Realities for the Emerging Author.
- Consent, Contract, and Bound Labor in a Comparative Perspective;
Mainstream culture, Pitagora explains, tends to rely on social norms and assumptions relating to sexuality and gender in the processes of attaining consent. Because BDSM practices tend to be understood as outside of many sexual and social norms practitioners have developed notions of consent that are distinct. In the best case we are masters at getting ongoing affirmative consent.
In the worst, people mouth slogans without any idea of wanting to be consensual. Obviously, violations within the BDSM community are just as likely as within more mainstream communities. However, these scholars and activists do appear to be claiming that the BDSM community strives to create and nurture a subcultural space where consent becomes the highest moral and ethical standard of behavior.
Additionally, NCSF has constituted a means of understanding consent that helps facilitate work against sexual violence. Much of the education and promotion around consent is targeted at addressing the rampant sexual violence that we currently face. In a somewhat ironic twist, the population that has been stigmatized for perpetuating sexual violence in the form of Sadomasochism has inverted its relationship to mainstream culture by acting as proponents and educators on the topic of consent.
The New York Tax Appeals Tribunal Tribunal has just affirmed the New York Division of Tax Appeals determination that a taxpayer that signed a consent to use a test period audit methodology was bound by the consent and waived its right to a detailed audit of the entire period. On appeal to the Tribunal, the taxpayer contended that it had revoked its consent to use a test period audit methodology before completion of the audit.
The facts, however, indicate that the Division of Taxation Division had substantially completed the audit on July 7, , when the Division issued to the taxpayer a statement of proposed audit change setting forth the proposed deficiency resulting from the use of the test audit period.
Part I - Introduction
The taxpayer's request to withdraw its consent came at a meeting between representatives of the taxpayer and the Division on October 14, Based on those facts, the Tribunal determined:. We reject petitioner's [taxpayer's] claim that it validly revoked its consent to a test period audit by its representative's request for a full audit on October 14, By substantially completing the test period audit, the Division thus executed, or performed in accordance with, the terms of the test period agreement.
Under such circumstances, we agree with the Administrative Law Judge that petitioner [taxpayer] is bound by its choice to consent to the test period audit. The Tribunal also rejected the taxpayer's contentions that the Division refused to examine or perform sample tests on other sales tax period quarters, as there was no evidence in the record to support the taxpayer's contentions.
The Tribunal's decision makes clear that a taxpayer cannot revoke a written consent to use a test period audit methodology once an audit is substantially complete.