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The sixth volume in The Cambridge History of International Law covers the developments of inter- and transnational laws in early modern Europe (1492–1660). The preface explains how recent revisionism of traditional state- and Eurocentric views on the history of international law impacts the study of this subject and how this is reflected in the volume.
Tribes continue to endure constraints on their sovereignty because relatively few people understand what a tribe is. For example, most people believe tribes are a racial minority with special privileges, when in reality, tribes are separate, sovereign governments. This stems from a lack of knowledge about tribal history. Schools do not teach Indian history; hence, people do not learn about the history of tribal governance and treaties. Learning about Indian history can enrich the school curriculum and help people understand why tribes exist. Additionally, great tribal leaders, such as Chief Standing Bear, can inspire students to fight for justice. At the very least, law students should be taught federal Indian law. Tribes are part of the United States constitutional order. They influenced its structure and were vital to its ratification. Plus, ignorance of Indian law’s history enables outmoded, colonial ideology to continue as the basis of contemporary federal Indian law. Knowledge of Indian law’s outmoded concepts will raise questions about the ethics of relying on nineteenth-century stereotypes to limit tribal sovereignty in the twenty-first century.
Pepys’s diary has always been regarded as a very strange text. From its first publication, the reasons why Pepys wrote about his life in such detail – and in such embarrassing detail – have puzzled readers, as has why he then preserved his diary for posterity. This introduction outlines Pepys’s life, the episodes from his diary that are the most famous, and the changing estimations of its importance as history and literature. It argues that one of the strangest things about this text is that, despite its fame, very few people have read the original, for Pepys wrote in shorthand with all printed texts being transcriptions into longhand. Answering some of the puzzles of Pepys’s diary means getting to grips with the shorthand, the censored versions in which the diary has circulated, and the strange things that readers have done with it.
The later nineteenth century saw expanded editions of Pepys’s diary by Lord Braybrooke (1848-49), Mynors Bright (1875–79), and Henry Wheatley (1893–99). This chapter surveys the publication of these editions and the responses to them as Pepys’s fame grew. Each new edition was accompanied by swirling rumours about what was left out. The diary inspired parodies, paintings, historical fiction, and articles in children’s magazines. A dominant theme in these creative responses was imagining what the censored texts had omitted, especially about the women in Pepys’s life. By the late nineteenth century, Pepys featured in formal education as a representative of the Restoration, but his name was also shorthand for unorthodox and fun history. The popularity of the comical version of Pepys sparked discussions about the purpose of history, notably via stress on Pepys’s role in naval and imperial history.
Pepys’s diary was first published in 1825, in a highly selective version edited by Lord Braybrooke. This was a starkly different journal from the versions read today, cutting most of Pepys’s personal life, his details of everyday London and (with the exception of some court scandal) all the sex. This chapter investigates how the diary came to be published, including the shrewd tactics of the diary’s shorthand transcriber John Smith and its publisher Henry Colburn. On release, the diary drew influential admirers such as the novelist Walter Scott and the historian Thomas Macaulay. Early responses focused on the diary’s value as entertainment, on censorship, and on the questions that it raised about historical value. The chapter considers how the diary changed – or did not change – ideas of the Restoration period, the diary’s influence on the writing of social history, and the extent to which its publication followed Pepys’s plans for his library.
The afterword draws together arguments made in previous chapters about the creation, publication, and reception of Pepys’s diary. It briefly surveys the reputation and uses of the diary in the early twenty-first century and considers what the future of the diary might hold.
Volume VI of The Cambridge History of International Law offers a survey of the law of nations in early modern Europe through a balanced treatment of legal theory and diplomatic practice. Bringing together a wide range of scholars, this volume builds on recent historiographical insights from different disciplines, including legal history, diplomatic history, and the history of political thought. It considers all major themes ranging from the allocation of jurisdiction over land and sea, war- and peace- making, trade and navigation to diplomacy and dispute settlement. A unique overall synthesis of early modern law across nations in Europe.
Russia's full-scale invasion of Ukraine in February 2022 radically changed the way many viewed the nature of the Russian state. The centrality of resentment and imperial nostalgia in Russian narratives led many to argue that Russian imperialism was a key force behind the invasion. By extension, this led to the idea that decolonization – largely in scholarship, but also among some policy circles – offered a way to better understanding Russia in this new context. To this end, this Element examines the debates over decolonization in the Russian case. It begins by contextualizing these debates through an examination of Russia's historical development as an empire. It then identifies and disentangles three key focal points: decolonization as domestic Russian politics, the transnational politics of decolonization, and decolonization as a scholarly endeavor. By doing so, this Element shows where decolonization has merit, but also where it is contested or limited.
One century ago, US Secretary of State Charles Evan Hughes made the first official statement regarding US policy toward Antarctica by declaring it would not recognise sovereignty in areas that could not actually be settled. The Hughes Doctrine formalised US opposition to countries dividing Antarctica into sovereign territory, a doctrine that has become the bedrock upon which subsequent US decisions toward the region were built. This paper gives a broad overview of the development of US policy toward Antarctica, starting with the Hughes Doctrine, including the period when the United States secretly considered making its own claim to sovereign territory before deciding to champion then maintain the multilateral, sovereign-free region based on the Antarctic Treaty in order to achieve its national goals. This paper also reviews how the policies are working today and considers the significant challenges and costs the United States would incur if it altered its century-old policy toward Antarctica.
This chapter illustrates the rise of automated decision-making and surveillance technologies in government, alongside the growing political inequality within Western liberal democracies. It examines the historical development of the use of technology in government, from paper-based systems to increasingly networked electronic systems, culminating in the extensive use of automation and AI in government. It demonstrates the effect of new technologies on vulnerable populations, honing in on social security as a case study. It shows that since the 1970s, the rapid advancements of technologies, combined with the “new public management” ideology, have effected fundamental changes in the processes, structures, staffing levels, and operations of government to an unprecedented extent. To illustrate the significant issues relating to the use of automated government decision-making, the chapter focuses on the government’s use of automation in social security as a case study.
In early 1978, Towards the Great Civilization, the last pre-revolutionary book written by Mohammad Reza Shah, was published amid great fanfare. To be sure, from the early 1970s, he increasingly spoke of this ‘great civilization’ and its elements, a significant number of which are found in his first work, Mission for My Country (1961), in his trial balloon aimed at the ideologization of the monarchy, Pahlavism (1966–1967) penned by Manuchehr Honarmand, and in the ideology of the Rastakhiz Party of Shah and People founded in 1975. Expressing great optimism about Iran’s future, the shah portrayed this Great Civilization as an Iranian modernity superior to that offered by the liberal and capitalist West and the communist East.
We conduct the first modern econometric analysis of the historical deaf population in the United States by incorporating deafness into a model of human capital. We find that the deaf population invested less in observable educational and physical human capital. Lower literacy, employment, and occupational scores also suggest that unobserved human capital investments were not substantial enough to improve productivity to the level of the hearing population. States that subsidized schools for the deaf provided deaf people with improved social capital and access to intangible goods that they pursued at the cost of higher economic achievement. Finally, we argue that substantial lifecycle differences between the hearing and deaf populations have implications for unbiased school attendance and employment rate estimation.
While much scholarly attention has been devoted to analyzing governments' attempts to determine ways of remembering or forgetting the past, little is known about how the politics of remembrance affect the process of reconciliation. To what extent does conflict remembrance actually influence the shaping of collective (national) identities? Does remembering the painful past lead to reconciliation? If not, what does it do? This article addresses these questions by reflecting on the author's experience of teaching multinational groups at her university in Japan, and discussing fraught issues relating to the Asia-Pacific War (including the “comfort women”) with her classes. Drawing on class observations and student essays from 2016 to 2019, she discusses the often conflicting narratives and identities that students bring to the university classroom and the pedagogical challenges involved in negotiating these. The paper illustrates how highly selective narratives of the national past (learnt at school or absorbed from the media) affect collective identity (the way we perceive the self versus the other), and discusses implications for East Asian reconciliation and peace.
Japan's attitude towards Okinawa during the Meiji and Taishō periods defied concrete definition. Although nominally a prefecture, Okinawa retained a semi-colonial status for two decades after its annexation in 1879. Despite the fact that Okinawan people accepted Japanese rule with little resistance, which ultimately turned into active support for the assimilation policy, Japanese policy makers never lost their distrust of Okinawan people. Similarly, Japanese society did not fully embrace them, perceiving them as backward and inferior, and even questioning their Japanese-ness. The experience of discrimination strengthened the Okinawan people's motivation to fight for recognition as true Japanese citizens. Local intellectuals, such as historian Iha Fuyū, embarked on a mission to prove that Okinawa was and always had been Japanese.
From a certain perspective, Okinawan modern history falls into the paradigm of colonization or integration under the Japanese nation-state. The crucial clue to understanding Okinawa's case lies in the fact that it was a poor country, with little natural resources to offer. Unlike Hokkaido, there was no mass migration from mainland Japan to Okinawa. Unlike Taiwan and Korea, Okinawa did not attract skillful and ambitious administrators. Accordingly, Okinawa was turned neither into a model colony, nor a modern prefecture, but remained a forgotten and abandoned region.
This essay summarizes my argument in The History Problem: The Politics of War Commemoration in East Asia. The history problem is essentially a relational phenomenon that arises when nations promote self-serving versions of the past by focusing on what happened to their own citizens with little regard for foreign others. East Asia, however, has recently also witnessed the emergence of a cosmopolitan form of commemoration taking humanity, rather than nationality, as its primary frame of reference. When cosmopolitan commemoration is practiced as a collective endeavor by both perpetrators and victims, a resolution of the history problem will finally become possible.
This article assesses local tensions that plague the U.S.-centered hub-and-spokes security framework in the Western Pacific region, which finds its most concrete expression in increasingly vulnerable legacy installations. I start by considering how people living outside the fence in places like Guam and Okinawa have tended to see the U.S. military, while summarizing global trends in U.S. base expansion and contraction outside of the continental United States (OCONUS). I tie this past to the most common dilemmas of global basing manifesting today, explain how these dilemmas have been understood, and highlight core concerns undergirding most base protest cultures. In the absence of sweeping policy changes to legal structures that disenfranchise militarized civilians in the most heavily fortified islands in the U.S. global base network, changing the way recent history is represented at U.S. controlled public sites could catalyze meaningful change within perennially troubled relationships between the U.S. military and overburdened host communities.
In Pacifism and Nonviolence in Contemporary Islamic Philosophy, Tom Woerner-Powell combines historical analysis and contemporary interviews with Muslim peace advocates in an effort to develop an empirically grounded survey of Islamic philosophies of nonviolence and a general analysis of the phenomenon. The first monograph on Islamic nonviolence to engage substantively with contemporary debates in the field of moral philosophy, his study is critical and descriptive rather than apologetic and polemical. His approach is both multidisciplinary and interdisciplinary. Drawing on methods from the fields of peace studies, Islamic studies, and moral philosophy, he identifies, critiques, and addresses the shortcomings within the dominant approaches in these fields regarding the question of pacifism and nonviolence in contemporary Islam. Woerner-Powell's book sheds new light not only on Islamic cases of nonviolence but also on the manner in which Islamic thought might play a larger role in secular and inter-religious debates. This title is also available as open access on Cambridge Core.
There has been limited research on African policy instruments’ historical and institutional nature in health policy literature. However, in the field of health systems research, there are many examples that show the permanent use of financing instruments inspired by liberal (pro-market) ideas such as user fees, performance bonuses, or private practice of medicine in Africa. Through an analysis of archives (1840–1960), this article shows the presence of these instruments in the health system during the French colonial period in Senegal. Thus, this study shows that these financing policy instruments’ institutional presence and longevity are part of a liberal approach that predates international organizations’ contemporary (and liberal) promotion. This study uses a historical and institutionalist approach to understand the context, actors, and underlying factors that allowed for this historical continuity, resulting in the permanence of these instruments.
Any type of asset can be tokenised, i.e., registered on a blockchain or other type of distributed ledger technology (DLT). Hence, the resulting cryptoassets take many forms, including currency/payment tokens, security/financial/investment tokens, and utility tokens. The technology offers new opportunities for issuers, investors, and the financial system at large but also challenges, including some new risks in addition to those already known by conventional financial systems. The EU regulatory framework for cryptoassets seeks to address these challenges while facilitating innovation and competition across the European Single Market. These rules have evolved since the EBA’s 2014 recommendations on AML/CTF provisions through the 2018 FinTech Action Plan and the 2020 Digital Finance Package. This has now resulted in an updated AML/CTF framework, the Markets in Crypto-Assets Regulation (MiCA) as a bespoke piece of financial regulation to fill gaps in existing EU financial law, the Pilot Regulation as the EU’s “regulatory sandbox” for DLT market infrastructures, and the Digital Operational Resilience Act (DORA) that promotes cybersecurity in the financial sector.