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While divestments and decisions to exit commercial fossil fuel ventures are not new, the imperatives of the energy transition are catalysing such moves at a global industry-wide level, as oil companies position themselves for the future. The international normative framework for business and human rights provides clear guidance on how responsible divestment from fossil fuels should occur; however, in the absence of intergovernmental coordination and regulation, individual business divestment decisions create severe human rights risks. The case of Shell’s divestment from onshore Niger Delta oil production illustrates business and human rights issues relevant to the energy transition.
In the Spanish region of Galicia, immediately north of Portugal, the Bloque Nacionalista Galego (BNG) has achieved unprecedented electoral success, emerging as a prominent nationalist force within the Spanish political landscape. This study analyzes the discursive and performative repertoires employed by Galician nationalism and explores how the prevalent dual national identity in the region shapes these strategies. Reversing Brubaker’s theoretical framework and using framing and visual analysis, we compare the BNG’s strategies during two different institutional settings: its time in government (2005–2009) and its role leading the opposition (2020–2023). The findings reveal the failure of Galician nationalism to nationalize identity when in power, as policies aimed at promoting Galician identity generated a backlash and, ultimately, produced frame dealignment between the nationalists and the Galician people. The new BNG presents a social project based on the defense of Galician interests and the moderation of the nationalist discourse. It successfully accomplishes frame alignment by adapting to the non-conflictive, dual national identity shared by most Galicians while proposing an inclusive political style.
The aim of the article is to analyse, in a diachronic perspective, the street names in today’s Berlin whose bases are geographical names referring to places in contemporary Poland. The analysis reveals a purposeful city-text that supports the nation-building narrative: either by mapping the state’s actual geography at the moment of the name’s bestowal, or by including the territories claimed (literally or metaphorically), beyond the current borders at the time of the naming. However, the degree to which these street names and the intention behind them are decipherable today remains questionable. Once meaningful for their original creators, today they are partly or completely semantically oblique to the general public, as evidenced by their contemporary reception.
The analysis delves into the complex legal intricacies surrounding the establishment of South Slavic state entities post-World War I, as international law of the time didn't fully encompass modern legal instruments defining international relations subjects. Nonetheless, legal arguments affirm the statehood of the State of SCS, formed within the former Austro-Hungarian Empire through legitimate representative bodies, despite lacking formal international recognition. The Croatian state transitioned governance under the National Council of SCS without abolishing its institutions. The analysis of the “December 1st Act” highlights procedural violations during the forming of the Kingdom of SCS, indicating a deviation from authorized scope, though it did not render the new state's government illegitimate. The negotiating process favored Serbian authorities, evident in the “Vidovdan” Constitution, yet it doesn't suffice to claim the State of SCS was annexed by the Kingdom of Serbia. Legally, there's little ambiguity, but disputes in international legal rulings and interpretations uncover internal political tensions and external pragmatic influences.
A long tradition of comparative scholarship has succeeded to establish the impact of Roman legal environment on rabbinic law making during the first two centuries CE, particularly in the field of family and status. Yet, the specific channels for acquiring this knowledge have hitherto remained a matter of conjecture. This paper argues that the rabbis were exposed to the contents of the current legal handbooks. Tractate Qiddushin (on betrothal) of the Mishnah includes two peculiar units: the first (1.1–5) regarding forms of acquisition and the second (3.12) on the status of newborns. Both units appear in key points in the tractate and exhibit striking structural and conceptual similarities to extended portions of the Roman school tradition regarding the laws of status, as handed down in Gaius’ Institutes and Pseudo-Ulpian's liber singularis regularum. It is therefore suggested that these units provide the earliest literary attestation already around the turn of the third century CE for the dissemination of Roman legal education among non-Roman provincials in the East, who sought to adjust their local practices into Roman-like legal structures.
This article revisits the roots of anti-statism in the United States by analyzing opposition to the introduction of compulsory school vaccination and medical examinations at the local and state levels in the Progressive Era. It shows that the widespread use of compulsory schooling laws to promote vaccination in the late nineteenth century, which led to establishing compulsory school medical exams and school nurse programs in the early twentieth, precipitated intense conflicts over states’ police powers. Exploring the controversy over school vaccine requirements in Utah between 1899 and 1901, the article reveals that resistance to public health interventions in schools fused skepticism of science with a gendered defense of individual and parental rights to challenge states’ power over children. The article then traces how these conflicts filtered up to the federal level, framing arguments against a proposed federal department of health in the 1910s. Led by the National League for Medical Freedom, opponents directly linked the reach of the police powers via compulsory school health initiatives with the expansion of federal power, arguing they were connected in a plot to establish “state medicine” that imperiled the gendered freedom of the “individual”—i.e., the white male citizen—over the home.
Until today, not only the general public but also scholars of colonialism and imperialism debate about the extent to which Europeans were aware of the centrality of racial discrimination for colonialism and empires. Those who stress that racism was the foundation of European colonialism appear to be anachronistic. However, as this essay demonstrates, at least the British of the late nineteenth century were well-aware of the constitutive character of racial discrimination for their Empire. During the “constitutional panic” which the proposal of the Ilbert Bill in 1883 caused, the arguments exchanged in newspapers, town hall meetings and parliamentary debates revealed the racist foundation of British India. One contemporary observed “the unhappy tendency of this controversy to bring into broad daylight everything which a wise and prudent administrator should seek to hide.” This essay seeks to bring into broad daylight once again what has been widely forgotten or ignored. Statements in Parliament expressing that it was “perfectly impossible and ridiculous, so long as we retained our hold on India, to give Native races full equality” testify for explicitness of the debate. Analyzing the arguments against the Ilbert Bill, which sought to introduce full racial equality in the judiciary, serves for better understanding the foundation of British India.
Close reading of documents produced by the early courts in New South Wales show two young men, formerly barristers at the Northern Assizes, innovating in their court rooms. Such innovation derived from their merchant background rather than the traditions of mercy or paternalism of the Assizes. In such innovations colonial agents were empowered and could shape the workings of the courts themselves. Minutes of the court show the impact of new kinds of elites generated by wealth built on slavery on the courts in the colonies and the subsequent flowering of subcultures.
This study is the first to explore the creation of the Tribunaux repressifs indigènes (Native repressive tribunals, TRIs), a novel jurisdiction of exception promulgated at the turn of the twentieth century in colonial Algeria. The TRIs were the product of several intersecting historical processes that took shape over the last quarter of the nineteenth century: first, this period witnessed intense settler security panics marked by genuine anxiety that Algeria might succumb to uncontrollable banditry and mass uprisings. During this same period, colonial “sciences” couched in burgeoning race theory intersected with juridical knowledge-production to form a new legal discourse on assimilation. The TRIs were advanced using this new grammar of race-bound legal relativism, reimagined as consistent with republican universalism. This ascendant juridical epistème dovetailed with debates over the both indeterminate and overdetermined nature of sovereignty in Algeria, whose land was juridically and administratively “Frenchified,” yet whose Muslim (by definition non-citizen) colonial subjects remained excluded from access to civil rights or protections. A doctrine of racialized exception was invented and codified in the unfolding of an impassioned juristic and public debate. The TRIs were legitimized—and endured—thanks to a doctrinal rationale applied retroactively: that for Muslim colonized subjects, exception was the rule.
Recent authorities emphasize the longstanding inclusion of the Isle of Man in the territorial extent of English/British parliamentary legislation. This aligns with views of the territorial ambition of ministers of the crown and members of parliament in their operation of parliament's role in receipt of petitions and especially in the shaping of legislation. While contemporary authorities on Channel Island law, especially those in the islands themselves, are more cautious about the territorial extent of such legislation, it remains, at least by implication, the norm to assert that all of these territories, now Crown Dependencies, could be included by express provision in English/British statute law, and that there might be strong assumptions of inclusion even when they were not expressly named. The evidence for the period before 1640 does not tend to support these arguments. Instead, the Anglo-centric instincts of the English parliament from the mid-fourteenth century to the 1530s are clear. And even in the 1530s and 1540s, in legislation spurred by jurisdictional and administrative imperatives in ecclesiastical matters, as a result of the Break with Rome, there was only tentative and limited change to the territorial extent of English law.