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This article asks whether the abandonment of drifting fish aggregating devices (dFADs) is illegal under international marine pollution law. To answer this question, it provides a brief overview of the general international legal framework for the protection of the marine environment as well as specific legal regimes, namely the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC), its 1996 Protocol (LP), and Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL). The article concludes that the abandonment of dFADs contravenes the LC/LP and/or, depending on the preferred interpretation, MARPOL Annex V. The decision as to which of the two regimes is applicable depends on whether dFAD abandonment can be classified as ‘incidental to, or derived from the normal operations of vessels … and their equipment’ or not. The negligent loss of dFADs always violates MARPOL Annex V. The article also shows that certain state practice and opinio juris suggests a parallel applicability of the two regimes with respect to deliberate dFAD abandonment. While such a development would ensure more comprehensive coverage of the relevant standards and prohibitions, a clear regulatory decision as to which of the two regimes is the correct one would be preferable from an implementation and enforcement perspective.
The Panama Canal was officially opened on 15 August 1914. At this point, the United States had been the builder of a difficult and controversial project for ten years and was to be the operator of the most important link between the Atlantic and the Pacific. To do this, it first helped Panama to independence, immediately annexing the canal zone. Thus, the construction of the canal is a classic lesson in colonial, (inter-)national politics and its interdependencies in the early twentieth century. At the same time, Panama was a fairly widespread topic of US popular music. This article investigates the effects of politics on cultural life, using the example of popular music referring to Panama. Applying a postcolonial approach, it will study the musical ways in which the United States constructed its pseudo-colony Panama as an Other in order to exercise power there and continue to form its own national identity.
Much of West Africa (and particularly the Sahel) may be once falling again under military government. This essay asks what, if anything, historians of Africa can contribute to an understanding of this phenomenon. I argue that writing the history and understanding the memory of military government will entail a renewed approach to political history and social theory. It will also entail confronting — just as so many citizens are currently doing — the peculiar failures of democracy in Africa's neoliberal era.
A debate has raged for decades over legal pluralism and its value for the study of law. Much of this back and forth has resolved to a fight over what law “is” and push-and-pull between legal centrists and pluralists. This introductory essay proposes a new framework for thinking about legal pluralism. Turning away from the centrist/pluralist binary, we instead ask what work legal pluralism as a category of analysis can do. The debate, we suggest, is a fundamental methodological disagreement about the normative work that categories of analysis do and the costs that historians should be willing to pay to reap the benefits of theoretically sophisticated frameworks of analysis which are interoperable between times and places. The debate about legal pluralism, we argue, can be productively reframed as a question about the benefits and drawbacks of the legal pluralist framework.
Why have scandalous sprees of lawbreaking by U.S. government officials proven so seductive yet so difficult to prosecute? This article takes the Iran-Contra scandal of the Reagan–Bush era as an instructive case study and red flag in the attitudinal erosion of the belief in the rule of law among American conservatives. Before the scandal broke, officials and legal counsels willfully mis-interpreted a clear prohibition to fund counter-revolutionaries and fabricated a post-facto presidential permission in order to sell weapons to Iran without congressional oversight. Congress's assumption that government officials would obey its statutes resulted in neither wrongdoing being punishable by criminal sanctions. Conservatives therefore argued that ends justified neglecting certain laws while also denying they had broken any laws. Prosecutors found themselves compelled to prosecute Iran-Contra's defendants over more prosaic crimes such as lying and stealing rather than more abstract and damaging ones. President George H. W. Bush's pardon of Iran-Contra defendants contributed to an impunity that further eroded the American rule of law to this day.
This study sheds light on the largely unknown trajectories of the emergence of Yuan non-Han ancestry in late Qing North China. Focusing on the case of a Yuan Mongol minister's enshrinement, the article argues that the commemoration of non-Han ancestries seems to have been aroused by the two-century-long imperial project of compiling the Gazetteers of the Great Qing Empire, over the course of which the state reiterated extensive surveys of local worthies, chaste women, and martyred loyal subjects, including those from previous dynasties. Importantly, the surveys coincided with the rise of epigraphic studies that featured exhaustive epigraphic fieldwork, which gave rise to the reinterpretation and replication of Yuan epigraphy, rendering Yuan steles one of the most adamant testimonies of ancestral claims. The ancestries classified during the Qing came to coexist with modern ethnic identities classified by the Ethnic Classification Project during the mid-twentieth century.
In the aftermath of the First World War, Henri Verbrugghen founded the first Australian branch of the British Music Society. The BMS – a product of post-First World War cultural renewal – was established in London to ‘champion the cause of British composers at home and abroad’. In Sydney, these aspirations extended to promoting music from Australia, and through affiliation with the International Society for Contemporary Music, music of the rest of the world. This article explores the activities of the Sydney BMS, situating these within contemporary discourses of nationalism and internationalism in the construction of interwar Australian cultural identity. It argues that the sometimes conflicting aims of the society reflect a wider political and social ambivalence about Australia's place in the international landscape. While its primary goal was to champion local composers, this was held in uneasy balance with a desire to promote British music ‘proper’.