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The Argentine Constitution contains two provisions regarding church-state relations. The first one recognizes the right of all people to the free exercise of religion. The second one provides that the state must financially support the Catholic Church. Based on this latter clause, over the years a complex regulatory scheme has been developed that differentiates that church from all the other churches and religions. Those differences are addressed in this article. The author argues that the religious establishment does not depend only on how the state defines itself (e.g., through a declaration in the constitution), but also on the way in which it treats people based on their religion. If that treatment is unequal—for example, when there are legal privileges only to a single church—then there is a kind of establishment of religion. It has been claimed that the religious establishment is not itself incompatible with religious freedom. In arguing that religious minorities can hold a different opinion, the author offers a brief account of the problems faced by non-Catholic faith communities in Argentina because of the state's unequal treatment. Finally, the author analyzes whether the reasons given to justify the legal differences between religions are acceptable. Otherwise, it could be said that there is discrimination—at least, in a broad sense—against religious minorities. While this article focuses on the Argentine case, the issues addressed are relevant to any country dealing with the unequal treatment of people based on their religion.
Since the end of World War II and the beginning of the human rights era, a common narrative has dominated international discussions of law and religion, especially in Europe, that emphasizes the alleged idiosyncrasy and uniqueness of U.S. Constitutional law regarding freedom of religion. What I call the “standard story” notes that unlike human rights instruments, and the constitutions of most European States, the U.S. Constitution contains an “Establishment Clause” prohibiting an establishment of religion, while European countries do not have prohibitions on state establishments, and indeed the relationships between religion and the state fall along a continuum running from cooperation, favored religions, to actual state establishments of religion. According to the standard story, the Free Exercise Clause of the U.S. First Amendment is a precursor of and has analogues in the human rights instruments’ provisions protecting freedom of thought, conscience, and religion, but the Establishment Clause is characterized as being sui generis, a thing unto itself. The U.S. experience with the antiestablishment principle, symbolized by Jefferson's wall of separation, the standard story notes, is so unique and so different that the lessons gleaned there have very little to offer Europe, or indeed perhaps the rest of the world. In this article I argue, as my title suggests, that the American experience is not as unique as some (especially Europeans) sometimes think it is.
This article examines access to justice for victims of the Southeast Asian haze pollution within the legal system of Indonesia as the source-of-origin state. It argues that bringing civil claims against the polluting companies before Indonesian courts offers a more effective avenue towards justice than relying on resolution at the level of state to state. The article first discusses barriers to resolving the problem through the state-to-state level. It then considers whether, under international law, the source-of-origin state is obliged to provide remedies for victims of transboundary environmental damage. The article then reviews the efficacy of pursuing remedies for transboundary civil claims against polluters through the legal system of the source-of-origin state. Finally, the article considers the limitations of the laws of the affected states, which, as a consequence, mean that transboundary civil litigation in the source-of-origin state may be the most effective avenue for redress.
The development of formal discourse about education and outreach within the Antarctic Treaty Consultative Meetings (ATCM), and the influence of major international activities in this field, are described. This study reflects on the ATCM Parties’ approach to implementing the ambition of the Protocol on Environmental Protection to the Antarctic Treaty Article 6.1.a, to promote the educational value of Antarctica and its environment, and examines the role of workshops and expert groups within the Scientific Committee on Antarctic Research (SCAR), the International Union for the Conservation of Nature (IUCN), and the Council of Managers of National Antarctic Programmes. These early initiatives, which emerged in the 1990s, were a prelude to the development and implementation of a large number of International Polar Year (IPY) education and outreach programmes. The establishment of an Antarctic Treaty System Intersessional Contact Group, and an online forum on education and outreach during the 2015 ATCM in Bulgaria, is a legacy of IPY and is the next step in fostering collaboration to engage people around the world in the importance and relevance of Antarctica to our daily lives.
This article is a historiographical analysis of the paths urban history has taken in Latin America. Its perspective is comparative, with particular attention to Mexico as well as references to several other countries. The article offers a general view of the ‘state of the art’, particularly analysing the convoluted routes urban history has navigated. At all levels, there has been uncertainty over the object of study. Latin America was affected by a plethora of development theories. In Mexico, there is an untenable but persistent view of urban historiography as absent or lacking. The following is a brief account of urban history in Latin America, with special analysis and critical examination of the routes taken to date, and a proposal for ways out of the labyrinth.
Dr William Gordon Stables (1837–1910) was perhaps the most prolific author of juvenile works during the second half of the 19th century, publishing more than 130 full-length novels, in addition to offering regular contributions to juvenile magazines. His writings covered a diverse range of subject areas, spanning all regions of the globe, and offered lively tales of adventure often coupled with moral guidance and imperialistic overtones. However, it was juvenile tales of adventure set in the far north that were his favourites and among his most frequent selections. Drawing upon his own first-hand Arctic experiences, Stables provided a knowledgeable view of the northern regions, offering vivid and realistic depictions of life and work in the Arctic, as well as its peoples, natural history and natural wonders. The challenges of survival in the harsh environment of the Arctic fostered a physical approach to manliness and maturity in Stables’ young heroes, who served as powerful role models for his youthful audience. Stables’ works enjoyed widespread popularity among impressionable juvenile readers and helped to shape their perceptions of the Arctic regions and impart character values on their path to adulthood. This article examines Stables’ contribution to Arctic storytelling in the late Victorian era.
This essay explores the non-luxury materialities through which most people experienced the world, argues for the possibilities of a geographically based view of Ming and Qing material history, and demonstrates some methods for approaching hard-to-find sources. It is my contention that not only will learning about and paying attention to such regional materialities open up new areas of research, but historians will also become better equipped to assess what we think we know about “China.” Here, I will concentrate on the geologically homogeneous region of the Greater North China Plain and focus on temple buildings, ritual vessels, and images of gods.
By the turn of the twentieth century the absence of codified law governing private economic transactions was a key target of foreign and Chinese critiques of the imperial legal system. Expectations ran high that China's first legal transplant, the 1904 Company Law, would lead to unprecedented public investment in large-scale industrial projects. Their disappointment, and the continued dominance of small business in the Chinese marketplace, has been attributed to factors ranging from Chinese cultural aversion to impersonal investment to shortcomings in the law itself. This study shifts our attention to the indigenous practices that company law was meant to supplant, examining the diverse sources of Chinese shareholding practices and the rich menu of options they provided investors. Most importantly, it argues that by the late imperial period shares were well-established as abstract income producing assets that could be bought and sold, creating the possibility of partnership relationships that could be both impersonal and long-lived despite the absence in China of a formal company law. That this tradition did not lead to the emergence of an analogue to the corporation in the West raises new questions about the demand for such entities and the role of transplantation in suppressing indigenous solutions to business problems.