This chapter outlines the scope of the book and provides the context for the following chapters. It summarises the early development of the law of the sea, before turning to the sources of the modern law of the sea, notably international conventions, customary international law, general principles of international law, judicial decisions and the writings of publicists. Having tracked the codification of the law of the sea prior to the adoption of the UN Convention on the Law of the Sea (UNCLOS), the chapter explains the process by which UNCLOS was negotiated, adopted and entered into force, as well as the status of reservations and declarations made by certain States. The relationship of UNCLOS to other treaties and customary international law is then addressed, followed by sections explaining the compliance mechanisms of UNCLOS, the annual cycle of its review, the means by which UNCLOS has been developed, and the notion of UNCLOS as a constitution. The role of international organisations in developing the law of the sea is also outlined. The chapter concludes by providing a helpful and practical summary of materials on the law of the sea.
Corruption and the reform of public life in modern Britain
Ian Cawood and Tom Crook
This introductory chapter sets out the aims of the volume and how it develops and challenges an existing body of work on the history of corruption and public life in modern Britain. Broadly speaking, it proceeds in two parts and is designed to help readers new to the subject negotiate what has become a complex field of study and historiography. The first part introduces readers to the concept of corruption and provides a brief survey of how the term has been used in British public life from the early modern period through to the modern period covered by the book. Critiquing recent literature on this subject, it argues that although ‘corruption’ underwent a process of conceptual and regulatory refinement after roughly 1800, it remained highly politicised, reflecting the persistence of different ways of understanding the public good. The second part introduces readers to the key elements of British public life traversed in the chapters that follow and is more straightforwardly historical. These elements are the central administrative state; the civic realm of elections and municipal government; and, finally, the party-political domain of ministers, MPs and parliament.
Intimacy, injury and #MeToo in India and South Africa
Nicky Falkof, Shilpa Phadke, and Srila Roy
In a short period of time, we have witnessed both the seismic effects of the #MeToo movement and its ageing. We have felt the optimism that gathered as the hashtag travelled, while being sceptical about this particular wave of ‘clicktivism’. Even as we saw how an individualised ‘me’ gathered and mobilised an ever-widening ‘too’ – exemplifying how a hashtag amalgamates individual experiences into a story of systemic harm and mobilises collective solidarity – worries accumulated. For every Harvey Weinstein who was stripped of power and influence, there was a Brett Kavanaugh who accumulated power and capital in spite of the force of women’s testimony. Alongside the downfall of powerful men, women were implicated as aggressors.
Rethinking public politics in the English Revolution
Peter Lake and Jason Peacey
This chapter offers a substantial historiographical introduction, reflecting upon the debates of the last fifty years, upon the ‘fate’ of the English Revolution, and upon the possibilities for reasserting the significance of the events of the 1640s and early 1650s, not least in response to ‘revisionist’ scholarship. Arguing that responses to the revisionist challenge have in many ways been less robust regarding the ‘course’ – as opposed to the ‘causes’ – of the civil wars, it builds upon the most important recent work in the field – much of it by contributors to this volume – by highlighting the need to analyse the conduct and content of ‘public politics’, as revealed in and transformed by developments in print culture. This makes it possible to reflect not just upon issues like ‘mobilisation’ and the ‘creativity’ of contemporary politics, but also to revisit issues like localism and radicalism, and to reconfigure our appreciation of the dynamic processes of contemporary debates. In other words, while the chapters are informed by analysis of print culture, they seek to integrate print culture into different aspects of public life, in order to rethink the fissures and fault lines within contemporary society, and to reframe how these affected political and religious change. Finally, the introduction sets such work in the context of, and in dialogue with, the work of Ann Hughes, in whose honour the volume has been produced.
This chapter re-visits the handful of puzzling episodes in which officers were murdered by troops enrolled to fight the Scots in 1640–1. Bringing new evidence to their study and exploring the micro-politics of each episode, the chapter sets these incidents within the context of what it argues was a more general level of violence triggered by the mustering of often recalcitrant troops. In offering a thick description of the performative violence with which the officers were killed, the paper challenges existing explanations for the killings. Exceptional as these episodes were, an attention to what was said and done suggests that they can provide valuable evidence of more widely held beliefs (about religion, politics, honour and masculinity) which challenges not only existing explanations but also a continuing tendency to reproduce contemporary (and elitist) judgements about an apolitical people.
Landlocked States, of which there are forty-three, cannot use the sea unless they have the right to grant their nationality to ships and the right to access the sea across the territory of adjoining States. This chapter begins by explaining that the former right has been guaranteed under international law for a century or more. The chapter goes on to explain that under the UN Convention on the Law of the Sea, landlocked States also have the right to exercise the freedoms of the high seas, to engage in activities in the Area and, to a limited degree, to exploit the living resources of the exclusive economic zones of States in the same region. However, a right of transit across adjoining States’ territory to access the sea has proved more problematic. The chapter shows that while such a right is granted under a number of multilateral treaties, including the Convention, it is always subject to qualifications. More robust rights are provided by an array of bilateral and regional agreements. In recent years the international community has focused on non-legal, practical measures to facilitate transit, notably in the Almaty (2003) and Vienna (2014) Programmes of Action.
The law of the sea is an up-to-date and comprehensive treatment of this branch of public international law. It begins by tracing the historical origins of the law of the sea and explaining its sources, notably the 1982 UN Convention on the Law of the Sea. This is followed by chapters examining the various maritime zones into which the sea is legally divided, namely internal waters, the territorial sea, archipelagic waters, the contiguous zone, the continental shelf, the exclusive economic zone, the high seas and the International Seabed Area. In each case the legal nature of the zone and its physical dimensions are analysed. Separate chapters deal with the baselines from which the breadths of most maritime zones are delineated and the law governing the delimitation of boundaries between overlapping maritime zones. Later chapters discuss how international law regulates the safety of navigation, fisheries and scientific research, and provides for protection of the marine environment from pollution and biodiversity loss. The penultimate chapter addresses the question of landlocked States and the sea. The final chapter outlines the various ways in which maritime disputes may be settled. Throughout the book detailed reference is made not only to the UN Convention on the Law of the Sea, but also to other relevant instruments, the burgeoning case law of international courts and tribunals, and the academic literature.
This chapter details the special legal regime that the UN Convention on the Law of the Sea lays down for archipelagos belonging to archipelagic States. The latter are States (such as Indonesia and the Philippines) that consist exclusively of one or more archipelagos and possibly other islands. An archipelagic State may draw lines around the outermost points of an archipelago, known as archipelagic baselines, from which its maritime zones (territorial sea, contiguous zone, exclusive economic zone and continental shelf) are delineated. The waters enclosed by archipelagic baselines are known as archipelagic waters. They are subject to the sovereignty of an archipelagic State. Nevertheless, other States have the right for their ships to traverse archipelagic waters under the regime of innocent passage (on which, see chapter four), and in routes normally used for international navigation, the more extensive right of archipelagic sea lanes passage, which is akin to transit passage through straits (on which, see chapter five). Immediately neighbouring States may also exercise traditional fishing and other non-navigational activities in archipelagic waters.
The many lives of corruption begins the task of piecing together the bigger picture of how corruption has undermined public life in modern Britain. It offers a uniquely expansive perspective, which stretches from the Old Corruption and ‘unreformed’ politics of the eighteenth century through to the mass democracy and welfare state of the twentieth. Conceptually, as an object of thought, as much as practicably, and as an object of reform, corruption has proved tenaciously problematic and protean. This volume engages with both of these crucial aspects, arguing that it is only by grasping them together that we can fully understand how corruption has shaped the making of a democratic-capitalist state in Britain and given rise to new ideals of public service. It examines the factors that have facilitated and frustrated anticorruption reforms, as well as the various ways ‘corruption’ has been conceived by historical agents. It does so across a range of different sites – electoral, political and administrative, domestic and colonial – presenting new research on neglected areas of reform, while revisiting well-known scandals and corrupt practices. The many lives of corruption is essential reading for all scholars interested in understanding how the pursuit of purity in British public life has evolved over the past two and a half centuries – and why corruption remains such a pressing issue today.
A feminist media house reports from the hinterland
This chapter explores how Khabar Lahariya (KL), a digital news channel run by rural women journalists – mostly Dalit and Muslim – used the #MeToo moment to test the elasticity of an urban, privileged movement to encompass experiences of assault on women working in small towns and rural areas of north India. It locates #MeToo in a charged moment in India’s technological trajectory, as more and more of India’s rural population, whether or not they have access to food and housing, definitely have access to a mobile phone connection. Alongside shifting electoral politics, this also sets the stage for a significant change in the nature of gendered relationships and intimacies in the Indian hinterland. The KL reporters, as ‘lower’-caste women questioning power and overstepping their place, are at the receiving end of blatant sexual assault from colleagues, sources and officers in the police and administration. However, with their necessary familiarity with mobile technologies and digital networks, they also negotiate new spaces and relationships in their work, cultivating sources and colleagues at odd hours, on Whatsapp and Facebook, bending notions of sexual convention – based on age, caste, class, geography – out of shape. There is a pleasure and an agency in this that deeply affects their public and private lives. The chapter navigates how the MeToo mo(ve)ment serves to constrain these nascent disruptions, as it also works to visibilise the violence inherent in the everyday lives of rural women who overstep their boundaries.