By virtue of the Antarctic Treaty, signed in 1959, the territorial claims to Antarctica of seven of the original signatories were held in abeyance or “frozen.” Considered by many as an exemplar of international law, the Antarctic Treaty System has come to be increasingly questioned, however, in a very much changed global scenario that presents new challenges to the governance of the White Continent. In this context, it is necessary to gain a clearer understanding of the moral weight of those initial claims, which stand (despite being frozen) as a cornerstone of the treaty. The aim of this article is to offer an appraisal of such claims, which may be divided into two main kinds: those grounded on some relevant link to the territory, and those grounded on official documents and geographical doctrines. After pointing to the limitations and challenges that they face, I conclude with some remarks about how this assessment ought to serve as a starting point to rethink the territorial status of Antarctica.

The international rule of law is a political system of governance. It rests on the expectation that governments will abide by their legal obligations and so defines what counts as appropriate behavior for states. The relationship between law and politics in global governance is better understood as an empire of global legalism than as an anarchic world of sovereign states. Legal justification is the lingua franca of legitimation contests among governments, as states strive to show that their preferred policies are lawful and that those they oppose are unlawful. Seeing the world this way helps to show the political content of international law: neither a neutral framework that sustains all viewpoints nor an inherently progressive contribution to global order, international law is a political system of governance that advances some interests at the expense of others, and our attention should be directed toward assessing which interests are served by the turn to global legalism and at whose expense.

In the early 1970s, the executives of the First National Bank of Boston spent hundreds of thousands of the bank's dollars on ads opposing statewide efforts to raise their personal income taxes. When frustrated Massachusetts legislators banned this sort of corporate spending, the executives sued, arguing that “corporations have the same First Amendment rights as individuals.” In First National Bank of Boston v. Bellotti, the Supreme Court held for the first time that the First Amendment protects all political speech, even ads paid for by a corporation. Surprisingly, the first corporation to take advantage of this decision was not the bank, but the city of Boston--a municipal corporation that spent nearly a million dollars on a new referendum in the fall of 1978.

This article discusses the history of the 1978 referendum, one pitting municipal corporations against business corporations. It argues that the referendum and the discourse surrounding it made it intuitive for Bostonians that all corporations, banks and cities, are representative institutions. Corporations can “speak” only by spending money, and the leaders of Boston and the bank justified spending other people's money by pointing to the internal elections that put them in office. But voters were skeptical of the argument that “corporate democracy” alone could guarantee that elected executives spoke with the consent of the people they purported to represent. The article offers a novel contribution to the historiography of modern business and politics: a legal history of how corporations--municipal and financial--became politicized in the wake of evolving First Amendment free-speech doctrine.

The ‘Rothschild reforms’ of the early 1970s established a new framework for the management of government-funded science. The subsequent dismantling of the Rothschild system for biomedical research and the return of funds to the Medical Research Council (MRC) in 1981 were a notable departure from this framework and ran contrary to the direction of national science policy. The exceptionalism of these measures was justified at the time with reference to the ‘particular circumstances’ of biomedical research. Conventional explanations for the reversal in biomedical research include the alleged greater competence and higher authority of the MRC, together with its claimed practical difficulties. Although they contain some elements of truth, such explanations are not wholly convincing. Alternative explanations hinge on the behaviour of senior medical administrators, who closed ranks to ensure that de facto control was yielded to the MRC. This created an accountability deficit, which the two organizations jointly resolved by dismantling the system for commissioning biomedical research. The nature and working of medical elites were central to this outcome.

Behavioural public policy (BPP) has come under fire by critics who claim that it is illiberal. Some authors recently suggest that there is a type of BPP – boosting – that is not as vulnerable to this normative critique. Our paper challenges this claim: there's no non-circular way to draw the distinction between nudge and boost that would make the normative difference required to infer the permissibility of a policy intervention from its type-membership. We consider two strategies: paradigmatic examples and causal mechanisms. We conclude by sketching some suggestions about the right way to approach the normative issues.

Juridical protection of the rights of nature is steadily emerging in several legal systems and in public discourse. Building on a recent publication in Transnational Environmental Law in which we interrogated Ecuador’s constitutional experiment with the rights of nature, we critically reflect in this contribution on Bolivia’s legal regime providing for the rights of Mother Earth. We do so, first, by sketching the juridical-political context within which these statutes were drafted and adopted, and then by analyzing the relevant constitutional provisions that provide the basis for the laws of Mother Earth. The third part forms the bulk of the discussion and details the background and the most relevant provisions of Bolivian statutes with a view to enabling a deeper critique in Part 4, in which we critically evaluate both the symbolic and the theoretical significance of the statutes as well as concerns related to their practical implementation. Insofar as the rights of nature paradigm has now become a truly global debate and a consideration in transnational comparative legal borrowing practices, our analysis aims to reveal the Bolivian experience, which could be instructive for civil society groups, academics, politicians and legislatures in a transnational setting.

Gustav Jenner (1865–1920) was Brahms’s only long-term composition student. Jenner, an outspoken proponent of the conservative musical values he shared with Brahms, left numerous songs and pieces for chorus, piano, chamber ensembles and orchestra. Despite his obvious stylistic affinities to Brahms, it is clear from Jenner’s prose writings that he placed high value on artistic independence. Although scholars have noted the circumstances surrounding Jenner’s interactions with Brahms between 1888 and 1895 and Brahms’s general aesthetic influence on the young man, Jenner’s music – and particularly its relationship to that of Brahms – has received scant attention. Deeper comparison of the two composers’ works yields insights into not only how Brahms influenced less prominent composers in his circle and in the generation that followed him, but also the extent and nature of Brahms’s direct influence as a teacher.

This article compares Jenner’s only complete orchestral piece, his Serenade in A major (1911–12), with its most obvious precedents, Brahms’s orchestral serenades. Although correlations in general style are numerous, discrepancies arise naturally. Jenner furthermore avoids Brahms’s most distinctive compositional choices and takes care not to rely too heavily on any one Brahmsian model for his own Serenade, suggesting his desire to distinguish himself and a wariness of the inevitable comparisons with the works of his teacher. Thus we find in Jenner’s work the same dual emphasis on musical tradition and independence emphasized both in Jenner’s prose writings and in the music of Brahms himself.

After Mussolini’s regime collapsed, Italy rebuilt itself as a nation and a democracy. The Republican Constitution approved in 1948 rejected the ideologies of both racism and racial discrimination, which had been strengthened and made harsher by Fascism since the mid-1930s. Yet, despite this, racism and racialisation continued in the post-Fascist years. The article analyses how the presence of former colonial subjects in Italy between the 1940s and 1960s was perceived, represented and managed, and demonstrates that the hegemonic discourse of the post-war period still considered Italy to be a white and ethnically homogeneous nation. It considers the stories of people from Libya and Eritrea who applied for Italian citizenship and the life in Italy of some Somali students in the 1960s. From different perspectives, these case studies show how in republican Italy inclusion and exclusion, as well as concepts of identity and otherness, were the consequence of processes of racialisation and ideas inherited from the previous period.

The overthrow of the democratically elected socialist president Salvador Allende in Chile and the human rights violations under the military junta of Augusto Pinochet spawned one of the most iconic and sustained human rights campaigns of the Cold War. Human rights scholars have argued that this movement on behalf of Chile signalled the “breakthrough” of human rights as the lingua franca of transnational activism. They have emphasized the global dimensions of these campaigns, which inspired movements mobilizing on behalf of other issues in the Third World. However, such narratives have not been corroborated by research on the campaigns as developed in Europe. Historians have so far focused on the impact of the Chilean crisis in specific countries or on particular organizations, and on the ways in which human rights activism was coloured by local and national contexts. This article aims to shift the scope of the debate by establishing relations with and crossovers from other transnational causes and campaigns, analysing the ways in which campaigns on behalf of Chile became intimately related to campaigns on intra-European issues during the 1970s and 1980s. It explores the so far little-studied connections between campaigns over Chile and simultaneously burgeoning movements on behalf of East–West détente, resistance against authoritarian regimes in Southern Europe, and the plight of dissidents in Eastern Europe. It argues that campaigns on behalf of Chile were reconfigured around European themes, created bonds of solidarity within a divided Europe, and drew on analogies rather than a juxtaposition between Europe and the Third World.

‘You can hear everything? You can hear my voice?’ The scratchy recording that opens REwind: A Cantata for Voice, Tape, and Testimony prefigures the questions of memory and performance that underlie Philip Miller's multimedia exploration of testimony from South Africa's Truth and Reconciliation Commission (TRC). In this article, I adapt Diana Taylor's concepts of the archive and the repertoire to questions of musical communication. I posit that Miller's collage of testimonial ‘shards’, images, and historic audio recordings disrupts the TRC's official narrative by replacing the archive's narrative of completion with one comprising deliberately disjointed moments of individual suffering. The result is an audiovisual creation that sutures together disparate elements to reflect the complexity of the South African truth-telling process. I suggest that in performance, Miller's work re-animates the TRC archive, bringing it into the contemporary repertoire where it re-inscribes the experiences of TRC testifiers for contemporary audiences.

Soon after Debussy's death in March 2018, Stravinsky began work on a memorial, the Symphonies d'instruments à vent (1920). This piece was to become iconic both for music-theoretical reflection on modern approaches to musical time and for musicological archaeologies of Stravinsky's debts to ‘Russian traditions’. Along both avenues, particular emphasis has long been given to the work's closing chorale, initially published separately in the 1920 Debussy tombeau issue of La Revue musicale.

This article argues for a radical reappraisal of the Symphonies, which builds anew on Stephen Walsh's 1996 study of the sketches and shifts the emphasis onto temporal questions long neglected under pitch-focused analysis. Exposing ‘thematic’ concerns of rhythmic and metrical parsing (as distinct from unifying motives or pitch sets), and interpreting Stravinsky's hommage in light of Debussy's famous 1907 definition of music as ‘de couleurs et de temps rythmés’, I ultimately bring fresh metacritical perspective to fundamental questions of analytical method and purpose long entertained (e.g.) by Joseph Kerman, Carl Dahlhaus, Kofi Agawu, and Robert Walser.

This article investigates music in the modern transmedial franchise. Popular culture franchises flow across different forms of media, taking the audience, and often the music, with them. Music plays an important role in articulating and developing textual relationships, while adapting to the possibilities of each particular medium.

To focus on the role of music, a case study that emphasizes audio is chosen, a transmedial franchise founded upon a rock album. Jeff Wayne's Musical Version of The War of the Worlds (1978) has served as the basis for several (very different) video games that also prioritize music. The article traces how musical materials are selected, transformed, and deployed as media boundaries are traversed. It ultimately argues that music is an important part of how media consumers engage with transmedial franchises.