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The high seas comprise all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. After considering the definition and legal status of the high seas, the chapter analyses the concept of the freedom of the high seas, noting the controversies arising in this regard given the non-exhaustive list of examples provided in the UN Convention on the Law of the Sea. It then provides a detailed assessment of jurisdiction on the high seas, explaining that whilst the legal regime of the high seas has traditionally been characterised by the dominance of the principles of free use and the exclusivity of flag State jurisdiction, in practice the picture is very different. It considers this issue with respect to piracy and other threats to the safety of navigation, unauthorised broadcasting, slavery, people and drug trafficking, ships of uncertain nationality and stateless ships. It concludes with a section addressing the right of hot pursuit and constructive presence.

in The law of the sea
Paromita Chakravarti and Jhelum Roy

Current discussions on sexual harassment have been, because of its extent, impact and celebrity involvement, overdetermined by the #MeToo phenomenon. In India, ‘the List’ has defined the terms of recent feminist debates on harassment in academia. This has deflected our gaze from developments in Indian higher education campuses which anticipated issues raised by the List. This chapter traces this pre-history by exploring the shifting discourse on sexual harassment within student politics in India. Using the case study of the 2014 Hokkolorob (let there be clamour) students’ movement in Jadavpur University, Kolkata, which started in response to a harassment incident, the chapter explores the discursive and ideological changes in the framing of sexual harassment and the engagement with gender and sexuality issues within campus politics. It locates these shifts within a larger context of changing student demographics, privatisation of education which coexists with increasing state intervention in public universities, funding cuts and other factors. While focussing on Hokkolorob, other harassment cases will also be analysed to examine the discussions they have generated on the need for a feminist understanding of sexism and abuse in interpersonal, professional even political relationships and their intersections with caste and class dynamics within campuses responding to the contradictory pulls of neoliberalism and democratisation. Understanding these issues can help to better locate the #MeToo moment in Indian academia and see it not just as a List-inspired crisis but a manifestation of larger changes.

in Intimacy and injury
The transmission of civil war materials, 1642–9
Karen Britland

In late November 1645, a lame soldier was stopped and searched on his way out of Cardiff by the city's Parliamentarian governor. His wooden leg was unscrewed and was found to contain 18 ‘letters of consequence’, including one from Prince Maurice to Prince Charles and another from Secretary Nicholas to General Goring. The letters were sent up to the Commons: the lame soldier’s fate is not recorded. This chapter explores the clandestine transportation of letters by royalists during the English Revolution (in hatbands, gloves, hose, hollow canes, shoes and even in the belly). It investigates how poor men and women’s identities were often of less interest to newsbook writers than the messages they carried, and looks at the ways in which messengers hazarded their lives and bodies for the transmission of texts. Asking at what point information becomes of greater value than an individual human life, this chapter weighs up the ways in which bodies and texts became intertwined during the English Revolution.

in Insolent proceedings
Sean Kelsey

This essay revisits the issue of ‘indemnity’ for behaviour undertaken on behalf of the parliamentarian cause during the civil wars, not least by members of the army. This is an issue that has generated historiographical debate, in terms of whether or not contemporary debates over the issue serve to reveal parliamentarian ‘tyranny’, and in terms of how to understand the ‘rise of the New Model Army’ as a political force in the late 1640s. This essay seeks to draw connections between two different ways of analysing ‘indemnity’, as a practical political issue and as something that raised theoretical and constitutional questions, and builds upon scholarship regarding the need to set soldiers’ concerns within the context of questions about legality, justice, necessity and tyranny. The aim is to stress the importance of placing ‘indemnity’ at the heart of the process by which contemporaries thought about the business of political settlement with the king, of the possibility of bringing him to justice, and of the struggle for the post-war constitution, and to demonstrate that soldiers’ demands regarding indemnity are key to understanding the ideological radicalisation of the army.

in Insolent proceedings
Rethinking public politics in the English Revolution
Editors: Peter Lake and Jason Peacey

These interdisciplinary essays explore new directions in the history of the English Revolution. They are designed to honour Ann Hughes, whose work has transformed scholarship on the mid-seventeenth century, and they are driven by the idea that historians have focused more upon the causes of the revolution than upon its course and consequences. In developing various strands of Hughes’ work, contributors address the transformative effects of political and religious upheaval during the 1640s and 1650s, and revise our understanding of ‘public politics’, in terms of the practices, debates, and communicative strategies associated with the ‘print revolution’, with polemic, and with the mobilisation of opinion. Crucially, these practices and debates are shown to have taken place in the public domain, in front of, but also with the involvement of, various overlapping and intersecting publics, right across the country. Examining these phenomena provides fresh perspectives on political and religious radicalism, from canonical authors to sectarian activists, as well as on relations between ‘centre’ and ‘locality’, and on connections between ideological endeavour and everyday politics. In bridging the divide between ‘elite’ and ‘popular’ politics, moreover, the essays also develop new approaches to participation, by soldiers and members of the parliamentarian army, by ordinary Londoners, and by provincial parishioners. Critically, they also analyse the involvement, agency, and treatment of women, from all walks of life, and in both activism and debate. Collectively, the essays rethink both the dynamic and the consequences of the revolutionary decades.

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After explaining that internal waters are those marine areas on the landward side of the baseline and that States have sovereignty over such areas, this chapter considers particular aspects of that sovereignty in detail. The first is the right of access for foreign vessels to ports and other internal waters. The second is the coastal State’s jurisdiction, both legislative and enforcement, over foreign vessels in its internal waters under customary international law, together with the specialised jurisdiction over foreign vessels in its ports conferred by some treaties.

in The law of the sea

This chapter begins by emphasising that scientific research is vital if the oceans are to be wisely used and managed. The UN Convention on the Law of the Sea introduces a detailed regime for the conduct of marine scientific research. After considering the meaning of ‘marine scientific research’, a term frequently used in the Convention but nowhere defined, the chapter analyses the relevant provisions of the Convention. It explains how the requirement of prior consent for research carried out in a coastal State’s maritime zones operates. The chapter continues by discussing the general principles for the conduct of marine scientific research laid down by the Convention; its provisions encouraging research, particularly through international co-operation (given effect to through bodies such as the UN Educational, Scientific and Cultural Organization’s Intergovernmental Oceanographic Commission): and its regulation, albeit rather limited, of the legal status of research installations and equipment. The chapter argues that the Convention’s apparent paradigm for the conduct of marine scientific research, namely by a dedicated research vessel, has become dated as research is increasingly carried out by an array of unmanned fixed and floating devices and by remote sensing from satellites in outer space. The chapter ends by considering other regimes that govern the conduct of specific types of research, such as those of the International Whaling Commission and the Antarctic Treaty System.

in The law of the sea

Fish from the sea have long been an important source of food for many human communities. The degree to which this will continue depends on how well marine fisheries are managed. However, various biological and socio-economic factors mean that such management is not easy, as the beginning of this chapter explains. The chapter continues by analysing the array of treaties and soft law instruments that attempt to provide for effective fisheries conservation and management, both within and beyond national jurisdiction. This body of law includes: the UN Convention on the Law of the Sea; the UN Fish Stocks Agreement; the UN Food and Agriculture Organization (FAO) Compliance and Port States Measures Agreements; measures adopted by regional fisheries management organisations and arrangements; various UN General Assembly resolutions, especially those concerning high seas drift-net fishing and vulnerable marine ecosystems; the Code of Conduct for Responsible Fisheries; and the FAO’s International Plans of Action, notably that on Illegal, Unreported and Unregulated (IUU) Fishing. The chapter demonstrates that this substantial body of measures has failed to prevent the unsustainable exploitation of around one-third of all fish stocks; the adverse impact of the fishing industry on species other than fish, including dolphins, turtles and seabirds; and the damage caused by fishing gear to vulnerable and ecologically important habitats. Various reasons for this failure are suggested.

in The law of the sea

Covering around 54 per cent of the total area of the world’s oceans, the International Seabed Area (known as ‘the Area’) is defined in the UN Convention on the Law of the Sea as the ‘seabed and ocean floor and subsoil thereof beyond the limits of national jurisdiction’. This chapter begins by explaining the background to the current legal regime of the Area, tracing developments from the time when it was first realised that seabed mining was a commercial possibility. It then analyses the current legal regime, as set out in Part XI of the UN Convention and the 1994 Implementation Agreement, and supplemented by regulations and procedures issued by the International Seabed Authority (ISA). It addresses in detail the roles of the various organs of the ISA, as well as the current system of exploitation, including the role of the sponsoring State, the regulations currently in place addressing the prospecting and exploration of deep seabed minerals, as well as the draft regulations addressing their exploitation. Finally the principle of the Area and its resources as the ‘common heritage of mankind’ is analysed, and in this context the environmental issues of mining are highlighted.

in The law of the sea
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In the wake of #MeToo in India and South Africa

Intimacy and Injury maps the travels of the global #MeToo movement in India and South Africa. Both countries have shared the infamy of being labelled the world’s ‘rape capitals’, with high levels of everyday gender-based and sexual violence. At the same time, they boast long histories of resisting such violence and its location in wider cultures of patriarchy, settler colonialism and class and caste privilege. Northern voices and experiences have dominated debates on #MeToo, which, while originating in the US, had considerable traction elsewhere, including in the global south. In India, #MeToo revitalised longstanding feminist struggles around sexual violence, offering new tactics and repertoires. In South Africa, it drew on new cultures of opposing sexual violence that developed online and in student protest. There were also marked differences in the ways in which #MeToo travelled in both countries, pointing to older histories of power, powerlessness and resistance. The book uses the #MeToo moment to track histories of feminist organising in both countries, while also revealing how newer strategies extended or limited these struggles. Intimacy and Injury is a timely mapping of a shifting political field around gender-based violence in the global south. In proposing comparative, interdisciplinary, ethnographically rich and analytically astute reflections on #MeToo, it provides new and potentially transformative directions to scholarly debates, which are rarely brought into conversation with one another. With contributors located in South Africa and India alone, this book builds transnational feminist knowledge and solidarity in and across the global south.