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In the concluding chapter, the editor engages in a comparative and theory-building exercise across the jurisdictions covered in the book. There are important differences between international non-human-rights courts as to the legal basis for their application of human rights norms. While due process rights of the parties appearing before it, and systemic integration, are available for all courts, there are marked differences in issues such as standing by individuals, the status of human rights norms as applicable substantive law or basis for jurisdiction, and the patterns concerning which categories of human rights have made their way into other international courts. There are also clear examples of ‘other’ courts widening the scope of justiciable human rights, for instance through applying economic, social and cultural rights, or the right to property, or collective rights of peoples beyond the practice of actual human rights courts. In their application of human rights norms, 'other' international courts have at least so far tended to do so reflecting more the trend of humanisation, rather than constitutionalisation, of international law.
In a variety of investment arbitration cases, respondent States have argued that measures impugned by investors were mandated by that State's human rights obligations. Tribunals have generally been reluctant to engage with such arguments and to interpret the relationship between investment law and human rights in a straightforward manner. This article discusses two other possibilities: harmonious interpretation and prioritization. Harmonious interpretation seeks to read provisions from investment treaties and human rights treaties together, whereas prioritization gives normative superiority to one provision over another. We conclude that harmonious interpretation is facilitated by the discretionary character of common treaty standards in both human rights and investment law, but that the final result is unlikely to be very different from prioritization, because even harmonious interpretation requires that one provision is read in the light of, and thereby subjugated to, the other.
The deliberate destruction of Late Bronze Age swords and spearheads has been widely recognised across Europe. This observation has typically relied on the obvious nature of the destruction, such as the bending of blades or the crushing of sockets, and the association of multiple broken pieces. These obvious acts have been used to interpret the material in sacred or profane terms without due consideration of how the objects were destroyed. This paper presents experimental research exploring how swords and spearheads may have been intentionally damaged in the Bronze Age. The results of these experiments are compared with artefacts from across Britain, making it possible to better identify and analyse deliberately destroyed objects. A series of implications for how one may more accurately interpret the wider archaeological record is presented.
This article concentrates on a particular controversy during the 2014 Ebola outbreak in West Africa; the mass cancellation of flights to and from affected countries. This occurred despite authoritative advice against such restrictions from the World Health Organization (WHO). During a public health emergency such as Ebola, the airplane sits at a site of regulatory uncertainty as it falls within the scope of two specialist and overlapping domains of international law; the WHO International Health Regulations (2005) and the Convention on International Civil Aviation. We explore how legal technicalities and objects, by promoting functional interactions between these two specialized regimes of law, were utilized to deal with this uncertainty. We show how the form and function of these mundane tools had a significant impact; assimilating aviation further into the system of global health security as well as instrumentalizing the aircraft as a tool of disease surveillance. This encounter of regimes was law creating, resulting in new international protocols and standards designed to enable the resumption of flights in and out of countries affected by outbreaks. This article therefore offers significant and original insights into the hidden work performed by legal techniques and tools in dealing with regime overlap. Our findings contribute to the wider international law literature on fragmentation and enrich our understanding of the significance of relational regime interactions in international law.
Knowledge of ecological patterns and processes is key to effective conservation of biodiversity hotspots under threat. Renosterveld is one of the most critically endangered habitats in the biologically unique Cape Floristic Region, South Africa. For the first time, we map and synthesize the current state of knowledge on renosterveld ecology and conservation. We investigated 132 studies for the themes, locations and taxa of renosterveld research and the fragmentation, threats, recommendations and barriers to renosterveld conservation. More studies focused on plants than any other taxa (48% of articles) and are conducted mostly in larger, intact renosterveld fragments. The most commonly identified threat to renosterveld was agricultural intensification; conservation recommendations spanned improved farming practices, formal protection and local patch management. Conservation implementation has been piecemeal and has depended largely on the goodwill of landowners, which can be constrained by costs of conservation measures and a lack of suitable restoration means. Citizen science is a promising potential solution to some barriers. Fragmented knowledge in such a transformed and relatively densely populated region highlights the scale of knowledge gaps for other biodiversity hotspots and has implications for ongoing conservation work.
The purpose of this study is to introduce a new approach to assess the dosimetry quality of photon beam with energy and irradiation field size. This approach is based on percentage depth dose (PDD) fragmentation for investigating the dosimetry quality.
Materials and methods
For the investigation of the dosimetry quality of 6 and 18 MV photon beams, we have proceeded to fragment the PDD at different field sizes. This approach checks the overall PDD and is not restricted to the exponential decay regions, as per the International Atomic Energy Agency Technical Reports Series No 398 and the American Association of Physicist in Medicine Task Group 51 recommendations.
Results and discussion
The 6 MV photon beam deposited more energy in the target volume than the 18 MV photon beam. The dose delivered by the 6 MV beam is greater by a factor of 1·5 than that delivered by the 18 MV beam in the build-up region and the dose delivered by the 6 MV beam is greater by a factor of 2·6 than that delivered by the 18 MV beam in the electronic equilibrium and the exponential decay regions.
The dose measured at different points of the beam is higher for 6 MV than for 18 MV photon beam. Therefore, the 6 MV beam is more dosimetrically efficient than the 18 MV beam. Using the proposed approach, we can assess the dosimetry quality by taking into account overall PDD not only in the exponential decay region but also in the field.
The island of Bonaire is a long-established Marine Protected Area (MPA), the reefs of which were extensively mapped in the early 1980s. Satellite remote sensing techniques were used to construct reef maps for 2008–2009. Metrics describing the spatial structure of coral habitat at the landscape scale – including coral cover, fragmentation, patch size and connectivity between patches – were calculated and compared between these two time periods. Changes were evaluated in and out of the MPAs and in areas exposed and sheltered from storm damage. Overall, coral cover has declined during the past three decades, being replaced by sand, but the decline has not been as drastic as elsewhere in the Caribbean. Fragmentation of the reef habitat has occurred, resulting in smaller and more disparate patches, but these changes were not associated with exposure along the coastline. However, total coral cover was maintained in sheltered areas, whereas it declined along exposed shorelines. Human protection of reefs by marine reserves had variable effects on coral cover and fragmentation. One of two no-diving marine reserves showed increases in coral cover accompanied by decreases in the number of patches of coral and an increase in the size of individual patches over the time period, while the second reserve exhibited the opposite trend. Advances in satellite remote sensing techniques allow for a more rapid assessment of changes in reefs at the landscape level, which can be used to identify spatial changes in the reef environment, including areas of coral decline.
Reducing emissions of short-lived climate pollutants (SLCPs) – in particular, black carbon and methane – is a promising option for slowing global and regional warming in the short term, while at the same time reducing local air pollution. This mitigation opportunity seems to be particularly relevant in the Arctic context. The article provides a comprehensive overview and a critical assessment of the state of international law and governance relevant to the reduction of SLCP emissions in the Arctic. The article demonstrates that current legal and governance regimes for reducing SLCP emissions in the Arctic are complex and fragmented, which raises questions about the scope for this option for climate change and air pollution mitigation to reach its full potential. Nevertheless, the article concludes that fragmentation in this policy domain is of a cooperative or synergistic nature and therefore not problematic, provided that greater harmonization of legal instruments and enhanced cooperation between institutions are achieved. It also suggests options for strengthening international law and governance on SLCPs. Although the focus of the article is regional, many of its conclusions are relevant for the global regulation of SLCPs.
The proliferation of legal and normative standards regulating women's rights in conflict has been accompanied by concerns about their efficacy. The article examines the activities of the CEDAW Committee and the UN Security Council and considers how synergies might be advanced. The article finds that, while the Security Council has unique authority over UN system activities, sanctions and peacekeeping, the CEDAW Committee—as a human rights treaty monitoring body—possesses the more effective system of State accountability and the more robust commitment to women's equality and rights. The article proposes measures for the optimum interaction between both institutions in order to maximize overall accountability for women's rights in conflict.
This article focuses on the novels and short stories written about the ethnic cleansing of Dersim in the Turkish Republic in 1937–1938. Dersim 1937–1938 has become increasingly popular both as a political debate as well as a storyline in cultural productions over the last decade. The historical episode, once kept a secret, is almost an “industry” (“Memory: Concepts and Theory,” 2014) and an example of “memory boom” [Winter, Jay. (2002). Remembering War: The Great War Between Memory and History in the Twentieth Century. New Haven, CT: Yale University Press]. The aim of this article is to analyze the politics of memory and identity through literary works. It examines novels and short stories that focus on Dersim 1937–1938, or consider the ethnic cleansing in Dersim in a specific part of their storyline. By examining competing descriptions of Dersim memory and identity in these works, my purpose is to understand the mechanisms of literary competition, as well as Dersim's fragmented collective memory and identity.
During the warmer Holocene Period, two major climatic crises affected the Central African rainforests. The first crisis, around 4000 cal yr BP, caused the contraction of the forest in favor of savanna expansion at its northern and southern periphery. The second crisis, around 2500 cal yr BP, resulted in major perturbation at the forest core, leading to forest disturbance and fragmentation with a rapid expansion of pioneer-type vegetation, and a marked erosional phase. The major driver of these two climatic crises appears to be rapid sea-surface temperature variations in the equatorial eastern Atlantic, which modified the regional atmospheric circulation. The change between ca. 2500 to 2000 cal yr BP led to a large increase in thunderstorm activity, which explains the phase of forest fragmentation. Ultimately, climatic data obtained recently show that the present-day major rise in thunderstorms and lightning activity in Central Africa could result from some kind of solar influence, and hence the phase of forest fragmentation between ca. 2500 to 2000 cal yr BP may provide a model for the present-day global warming-related environmental changes in this region.
This article examines the evidence for fragmentation practices on Middle–Late Bronze Age (c. 1600–700 bc) settlement sites in Ireland by looking at two kinds of material: human remains, both burnt and non-burnt, and quern stones. It highlights evidence for the manipulation of non-burnt skulls through ‘de-facing’ and the potential retention of cranial and other fragments for ‘burial’ in settlements. It also explores the more difficult task of determining whether incomplete skeletal representation in cremated remains can be interpreted as deliberate fragmentation, and how the context of deposition must be considered. Human agency in relation to the fragmentation patterns of querns is also examined to understand whether the act of breaking these objects was intentional or unintended and if depositing them was symbolic or simply fortuitous. By discussing this evidence, I hope to contribute to the argument that the funerary and settlement spheres in later prehistoric Ireland were becoming increasingly intertwined.
Under the no-harm principle, states must prevent activities within their jurisdiction from causing extraterritorial environmental harm. It has been argued elsewhere that excessive greenhouse gas emissions (GHG) from industrial states constitute a breach of this principle and instigate state responsibility. Yet, the relevance of general international law for climate change does not obviate a need for more specific international climate change agreements. This article argues that the climate regime is broadly compatible with general norms. It can, furthermore, address a gap in compliance with general international law – namely, the systematic failure of industrial states to cease excessive GHG emissions and to provide adequate reparations. As a compliance regime, the international climate change law regime defines global ambition and national commitments and initiates multiple processes to raise awareness, set political agendas, and progressively build momentum for states to comply with their obligations under general international law.
The effects of fragmentation and overstorey tree diversity on tree regeneration were assessed in tropical rain forests of the Western Ghats, India. Ninety plots were sampled for saplings (1–5 cm diameter at breast height (dbh); 5×5-m plots) and overstorey trees (>9.55 cm dbh; 20×20-m plots) within two fragments (32 ha and 18 ha) and two continuous forests. We tested the hypotheses that fragmentation and expected seed-dispersal declines (1) reduce sapling densities and species richness of all species and old-growth species, and increase recruitment of early-successional species, (2) reduce the prevalence of dispersed recruits and (3) increase influence of local overstorey on sapling densities and richness. Continuous forests and fragments had similar sapling densities and species richness overall, but density and richness of old-growth species declined by 62% and 48%, respectively, in fragments. Fragments had 39% lower densities and 24% lower richness of immigrant saplings (presumed dispersed into sites as conspecific adults were absent nearby), and immigrant densities of old-growth bird-dispersed species declined by 79%. Sapling species richness (overall and old-growth) increased with overstorey species richness in fragments, but was unrelated to overstorey richness in continuous forests. Our results show that while forest fragments retain significant sapling diversity, losses of immigrant recruits and increased overstorey influence strengthen barriers to natural regeneration of old-growth tropical rain forests.
This article develops a reason-based social foundation of new forms of authority, which often are liquid and sectorally limited. The recognition of authority hinges, in this view, on reflexive actors who are aware of their own limits of rationality regarding the lack of either information or a perspective that allows for the pursuit of common goods. In such a reflexive concept of authority, authority takers tend to monitor the authorities closely, and the internalization of the subordinate role is not a necessary part of it. Reflexive authority is embedded in the acceptance of a knowledge order that reproduces the authority relationship. In spite of a tendency toward institutionalization, reflexive authority often comes in a liquid state of aggregation, and almost always with a restricted functional scope. Moreover, this new set-up of authority creates social dynamics that add to liquidity. First, the encompassing constitutionalized rule with majoritarian decision making as major source of legitimacy is increasingly undermined by loosely coupled spheres of specialized authorities, which are most often justified on the basis of expertise. We can observe both the rise of international authorities in the absence of coordination between them, and the rise of similar authorities within the nation state that escape control of the democratic core institutions. As a result, authority gets fragmented and different authorities need to adjust to each other. The second implication of the argument is that democratic legitimation narratives become rare, leading to an ongoing legitimatory contestation of authorities. Both these processes make authority even more liquid.
Hoard finds appear throughout the European Bronze Age with distinct chronological and chorological peaks. While there is some consensus on seeing hoards as an expression of cultic behaviour, the large ‘scrap metal' hoards in particular still provoke interpretations as raw material collected for recycling. With socketed axes whose sockets were intentionally filled with deliberately fragmented metalwork, Hansen (1996–1998) has pointed out a group of finds that could be crucial to a better understanding of ‘scrap’ hoards. Using the finds from the Carpathian Basin as a case study, a dual biographical approach is applied to this group. A close look at the complex use-life of the objects themselves, as well as an attempt at re-integrating them into the local history of hoarding, leads to the conclusion that they constitute single acts of dedication in larger contexts. “Scrap hoards’” can thus be understood as long-term accumulations of votive objects and can be integrated into the social practice of Bronze Age hoarding.
The aim of this paper is to investigate body-related beliefs and practices in relation to society in Middle Bronze Age Transylvania (central Romania between c. 1900 and 1450 BC), known as the area of the Wietenberg Culture. The low number of human remains and their treatment (through cremation and fragmentation of inhumed bodies) has been interpreted by some authors as a willingness to do away with the physical body. In contrast to this opinion, I try here to show that quite the opposite was the case. The body not only stood at the centre of a variety of rituals (funerary and otherwise), but it also constituted a powerful means for maintaining social order, providing people with an understanding of their place in the world, as well as renegotiating positions and meanings.
This paper addresses the formation processes at an unparalleled Bronze Age settlement in the Iberian Meseta. The site of El Cerro (Burgos, Spain) presents a series of challenging features: the simultaneous inhumation of three subadults alongside a dwelling quarter and adjacent pits, some of them filled with apparent formality, including such anachronistic elements as Neolithic and Beaker items and several placed deposits, such as a leg of a cow. A critical evaluation of the contextual dataset, a re-fitting operation, and an assessment of the abrasion and size of a ceramic sample were carried out. The archaeological peculiarities of the site are explained as a contextually specific cultural response to a grievous and traumatic episode: the death of three young siblings, which entailed the abandonment of the settlement through prescribed practices. Some depositions are a product of recognizable intentionality, while others are regarded as unintended cumulative outcomes.
Occupation of the Ambato Valley in north-western Argentina ended abruptly in around AD 1200, with destructive abandonment resulting in burnt and collapsed buildings. Analysis of broken pottery sherds from La Rinconada suggests that this may have been the outcome of a deliberate ‘closing’ activity. Re-fitted vessels were found to be largely complete despite extensive fragmentation; two portions of one vessel were 10m apart with a wall in between. Conjoining fragments of other vessels exhibited contrasting effects of thermal alteration, or were associated with lithic objects that may have been used to destroy them, or appeared to have been deliberately arranged. The evidence is altogether indicative of the intentional destruction and deposition of this material immediately prior to the burning of the site.