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Cultural heritage rests on imaginings of a shared humanity transcending national dividing lines. However, cultural heritage sites are frequently targeted in war. In this article I show that the politics of cultural protection is marked by tensions and contestations. A key argument is that the protection of cultural heritage in armed conflict is a militarised practice that informed by notions of protection that are broadly western-centred, masculinised. Therefore, I suggest they are insensitive to the gendered and colonial power relations that undergird the protection of cultural property. Informed by critical heritage studies, cosmopolitanism, and feminist IR scholarship, I elucidate the claims of this article through a feminist narrative analysis of the protection. I identify what is said and what is silenced in heritage protection narratives. First, I focus on the wider storytelling that surrounds heritage protection, unpacking the ethical, gendered, and colonial assumptions employed. Second, I turn to the narration of military protection in the UNESCO military manual. attending to its ethical underpinnings, protection logics, and privileging of distinctively western military knowledge. I conclude by calling for a more nuanced approach to cultural protection.
This overview opens with the story of the great fire in Glarus, Switzerland, in 1861. Like those in other cities, the fire brought into clear view key elements of the insurance systems that modern societies needed to foster resilience. In its aftermath, the role of public authorities changed, reliance on new techniques for mobilizing private capital rose significantly, and the interaction of markets and states across established borders became deeper and more complex.
1. In what way can we develop stories while working in conflict-ridden, unpredictable, and violent environments? 2. What are the human rights issues in this story? 3. What role does poverty play in relation to human rights? 4. What issues of security and safeguarding arise from this story?
This chapter presents qualitative case studies of the dramatically different political dynamics of TPP and TTIP negotiations. Why was lobbying so much more contentious over TPP while lobbying over TTIP was muted and almost entirely in favor of the agreement? The chapter traces the development of industry and labor union positions on each agreement, showing how the effects of endowments-based, inter-industry trade on the basis of comparative advantage (much more prevalent with TPP partners) serves to unify industries and unions around their particular position, facilitating strong collective action. With TTIP, the chapter shows how internationally engaged firms were highly motivated to lobby in favor of increased market access and the removal of regulatory barriers, while domestic-oriented firms either sat out of the political process entirely or formed cross-sectoral ad hoc coalitions. These cases elucidate how and why actors came to these decisions.
This chapter examines the relationship between intra-industry trade and trade policy outcomes. Through a cross-national time-series analysis of trade liberalization in developed economies, the chapter shows that industries with higher IIT enjoy lower tariff levels, controlling for leading alternative explanations from the literature. This tests the hypothesis that intra-industry trade is less politically controversial and easier to liberalize than classic, endowments-based trade. However, this chapter also shows that IIT is associated with higher non-tariff measures, a new and significant finding, which is discussed as it pertains to the book's arguments about intra-industry trade’s winners and losers.
This chapter delves into the foundational sources and principles underpinning Chinese property law. It defines property rights and highlights their features, emphasising the distinctions between property rights and personal rights in the Chinese legal context. The core of the chapter explores the sources of property law, which include the Constitution, national legislation, administrative regulations, local regulations, judicial interpretations and civil customs. This section underscores the significant influence of Roman law and German civil law traditions on Chinese property law. Next, the chapter discusses the basic principles of property law: the principle of numerus clausus, which restricts the types of property rights to those defined by law; the principle of equal protection, which ensures that state, collective and private property rights are equally protected; and the publicity principle, which mandates that property rights must be publicly recorded to be enforceable against third parties. Finally, the chapter addresses the classification of property, distinguishing between corporeal and incorporeal property, as well as between movable and immovable property.
This chapter explores diverging practices of extradition and deportation during the 1840s to 1860s. The early colonial government of Hong Kong faced a crisis of legitimacy as China contested its jurisdiction to discipline the thousands of Chinese migrants who flocked to the growing colony. In response, the colonial government promised to ‘protect’ Chinese subjects from lawlessness and arbitrary punishment. These promises buttressed the government’s tenuous claim to the right to keep the peace and to remove people to China discretionally, especially amid the unsettling Arrow War (1856–60). Throughout this period, governors gave themselves flexible powers of ‘rendition’, ‘banishment’, and ‘deportation’, while vesting other powers of policing and population control in a mercurial office of ‘Registrar General and Protector of Chinese Inhabitants’. Colonists, imperial officials, and British diplomats in China challenged these powers. Their contestations served to refine the colonial practice of extradition.
The need to respect and (physically) protect the dead is well established under international and national laws and extends to human remains found in mass graves. Once mass graves are discovered, and prior to any investigation, the dead in mass graves should be secured to an extent through the protection of the site itself. Should investigations follow (due to human rights abuses or breaches of international humanitarian or international criminal law), then the dead, if excavated, are in the custody and protection of the investigating authorities. Following successful identification of human remains, their return to the next of kin may be possible, or appropriate reburial may ensue.
Engagement with mass graves is complex: no two mass graves are the same, and contexts differ, as may the legal framework governing mass graves. Building on the Minnesota Protocol, international standards for a rights-informed response to human remains found in mass graves are proffered by the Bournemouth Protocol on Mass Grave Protection and Investigation. A new research project now collates information to generate a digital global map of mass graves and asks how and to what extent this holds protective value. Such regularized mass grave mapping was advocated by former United Nations Special Rapporteur Agnès Callamard; indeed, mapping is increasingly employed in human rights contexts as a protection and justice-monitoring measure.
By combining legal, forensic and anthropological insights in responding to the question of data collation in relation to mass graves, this paper sheds light on ways of both conceptualizing and operationalizing digital mapping of mass graves and appraises what kind of protection this may hold for the dead. Structured into four main interrelated sections, the paper briefly anchors data collation as a protection measure under international legal provisions; it then examines the challenges associated with the curation and creation of a global map of mass graves by adopting anthropological, forensic and legal lenses on the subject of mass graves and the data generated surrounding the dead. In a third step, the paper outlines the methodological challenges encountered during the pilot phase of the study, before then offering analysis and discussion on our preliminary findings, where we conclude that the informative value of mass grave mapping holds protective potential, particularly in the absence of physical protection.
As well as offering an original inquiry that fits well with the theme of “protection of the dead”, the paper investigates the very boundaries of protection measures in the context of mass graves and what value they may hold. Such contribution to knowledge and practice is increasingly pressing in situations where physical protection of the dead is not forthcoming, and as an avenue to offer some (albeit incomplete) protection mechanisms for emerging mass grave landscapes: migratory deaths and the threat of mass fatalities arising from extreme climatic events.
United Nations peacekeeping is experiencing a generational shift as several large missions downsize and close. Amid this change, this essay considers the future of the Protection of Civilians (PoC) mandate, which has been a priority of UN peacekeeping since it was first authorized twenty-five years ago. It argues that PoC has evolved significantly, expanding from a narrow focus on physical protection from immediate threats to a holistic approach that includes establishing a protective environment. It suggests that while the PoC mandate has proven effective in reducing violence, the future is fraught with four significant challenges: waning state commitment to UN peacekeeping, the fragmentation of global peace and security mechanisms, shifting local perceptions in a rapidly changing information landscape, and mounting disillusionment among UN personnel. This essay contends that these obstacles underscore the inherently political nature of PoC, where power dynamics and perceptions profoundly impact mission success. As peacekeeping missions scale back, PoC remains essential but increasingly precarious, demanding strategic adaptability and sustained commitment. Ultimately, the essay argues that without renewed political and institutional dedication, PoC’s effectiveness—and the UN’s credibility—will be difficult to uphold in the face of evolving conflict dynamics and geopolitical shifts.
This chapter combines insights from across the three literatures that inform the book’s central thesis to demonstrate how these disciplines speak to one another in ways that amount to a novel approach for resolving the knowing–doing gap introduced in the book’s Introduction. In marrying these interdisciplinary perspectives, the chapter concludes with recommendations for resolving lingering questions about how Model O-I and Model O-II systems in K-16 school contexts serving students from low-income and other minoritized cultural communities are established, maintained, or precluded altogether.
This chapter investigates the logics of punishment that animate the AKP’s new securitisation technologies. Examining the different yet recurrent tools with which academics in Turkey have been historically expulsed from educational institutions, the public sphere, and the political body, I develop a nuanced understanding of the interconnected yet changing forms of punishment directed at academics as knowledge producers from the early Republican period to the first two and a half decades of the twenty-first century. In keeping with the literature on changing regimes of punishment, I conclude that the logic for penalising those targeted has shifted from compensation in the early Republican era to a securitised logic of retribution (following the 1980 coup), to a cruel form of retributive securitisation in the form of subjection to civic death in post-2016 Turkey.
This book examines how new AKP authoritarian securitisation practices shape and reshape the daily lives of people purged by emergency decree. The Introduction defines key concepts such as authoritarianism, securitisation, and civic death, as well as describes the methodology. By adopting an interdisciplinary approach that combines empirical ethnographic and historical research with theoretical and philosophical perspectives on the political, the book highlights the new forms of citizenship deprivation, security, and punishment that have emerged under the AKP. It argues that new methods of securitisation are designed to reduce those targeted for civic death, a type of disposable citizen who is denied the opportunity to reclaim their social, economic, and political rights even after they have been acquitted or the state of emergency has been lifted.
Taiwanese masculinity was not defined only by young intellectuals and social elites. Rather, it was constructed, expanded, and complicated by ordinary men as represented by household heads and their family members. This chapter explores their masculinity by revealing the ways in which they continued to negotiate with judges over the treatment of brides and adopted daughters. Household heads had traditionally been free to choose their sons’ brides and preside over any adoptive deals, and thus they established masculinity as tied to household authority. Yet, this unchallenged image of patriarchy began contradicting judicial calls for a more equitable form of the family from the late 1910s. What involved those household heads in judicial reforms was the situation in which two or more household heads competed over the better treatment of brides and adopted daughters, establishing a protective form of masculinity. However, this did not end with the emasculation of male household heads in terms of their preexisting authority; instead, they shifted to a type of masculinity involving collusion between two or more household heads and colonial judges, undermining efforts to address women’s difficulties after the 1920s.
This chapter critically examines the long-debated issue of Turkey’s state security and survival discourse through the lens of the securitisation logic of protection in order to unpack how the AKP government has used an expansive definition of security threat to allow for the suppression of the basic rights of dissenters by invoking the need to protect the state. The first section presents an historical account of the discourse on Turkey’s primary referent object of security – state survival (beka sorunu). The second section describes the Turkish state’s current security flagging of refugees as ‘risky outsiders’ and of those purged as ‘dangerous insiders’. The last section examines state authorisation of various auxiliary armed security agents and forces. I argue that in lieu of protecting its citizens, the AKP’s authoritarian securitisation state protects the state, the discursive ‘nation,’ and the security apparatus, a practice it legitimizes via a discourse of terrorism insecurity.
What does it mean for a government to declare its citizens 'dead' while they still live? Following the failed 2016 coup, the Turkish AKP government implemented sweeping powers against some 152,000 of its citizens. These Kanun hükmünde kararnameli ('emergency decreed') were dismissed from their positions and banned for life from public service. With their citizenship rights revoked, Seçkin Sertdemir argues these individuals were rendered into a state of 'civic death'. This study considers how these authoritarian securitisation methods took shape, shedding light on the lived experiences of targeted people. Bringing together approaches from political philosophy, social anthropology, and sociology, Sertdemir outlines the approaches and justifications used by the Turkish government to dismiss opponents, increase surveillance, and brand citizens as 'terrorists'. At the same time, extensive archival research and in-depth interviews bring focus to the impact of these measures on the lives of women, and the disabled and LGBTQ+ communities.
Neutrality, a foundational principle in humanitarian efforts and peace mediation, encounters significant practical challenges in the modern landscape of armed conflicts, particularly in the intermediary role of humanitarian organizations. This study examines the role of the International Committee of the Red Cross (ICRC) as a neutral intermediary in Yemen, focusing on the release and repatriation of detainees during the 2016–20 peace efforts. Drawing on the ICRC's experience, the analysis highlights the evolving understanding of neutrality from a rigid concept to a more flexible, context-sensitive approach. The findings emphasize the importance of neutrality in fostering trust and facilitating dialogue while acknowledging the operational complexities and strategic considerations involved. This study provides insights into enhancing the contributions of neutral intermediaries to sustainable peace processes.
The chapter discusses the position of victims in international criminal justice and the evolution of their status and modalities of their involvement in the administration of justice by international criminal jurisdictions, with a particular focus on the legal regime of the International Criminal Court (ICC). The chapter highlights the centrality of victims as the core constituency of international criminal law and the mismatch between this aspiration and the limited recognition of their agency and rights before the UN ad hoc tribunals. It then examines how the ICC’s architects have sought to bridge this gap in the Court’s Statute and Rules of Procedure and Evidence. The ICC’s legal framework is unprecedented in this respect. Over and above the protective measures necessary on account of their engagement in the proceedings, it granted victims extensive rights to participate and be legally represented at different stages the ICC proceedings as well as the autonomous right to obtain reparations. The chapter surveys the key challenges this ambitious scheme has raised, as far as the admission of victims to participate, the organisation of their legal representation, and the implementation of reparations are concerned, and solutions that have been developed in the Court’s practice to date.
This chapter will explore how the provisions governing best interests assessments ought to be reformed so as to better ensure that an agent’s authentic desires are being prioritised in decisions being taken about them. The starting point should be that the assessor ascertains ‘so far is reasonably practicable’ the individual’s wishes, feelings, beliefs, and values. This should then be supplemented by a presumption that the agent’s wishes and feelings will be determinative of what is in their best interests, except when giving effect to them will expose the person to a risk of significant harm. Even where the harms are significant, however, there will still be occasions where the agent’s wishes and feelings should nonetheless take precedence; where to do otherwise would involve frustrating their deeply and authentically held beliefs, values, or commitments. This chapter will highlight some of the potential considerations which ought to guide assessors in these circumstances. It will propose that assessors be provided with a list of factors that they must take into account when determining the degree of weight to be ascribed to the agent’s wishes, which reflect these considerations.
The foregoing discussion has highlighted the fundamental fragility of assessments of capacity, which hinge on a series of complex yet unavoidable clinical judgements about the person’s cognitive capacities and the origins of the beliefs or values that motivate their decision. This chapter will explore the implications of this for best interests assessments and, in particular, the extent to which due weight is currently being given to the person’s authentically held values and beliefs in the assessment of their best interests. Drawing on case law, interviews, and post-legislative scrutiny of the Mental Capacity Act, it will conclude that despite a number of empowering court decisions, the lack of direction contained in the Act on how to apply the MCA has still resulted in different weight being attributed to the agent’s wishes. Moreover, the trend towards greater empowerment has not yet trickled down to decisions being taken on the ground by doctors and care workers, which still remain characterised largely by paternalism and risk aversion. Those undertaking best interests assessments could therefore benefit from a more unified starting point and greater clarity on the factors which ought to influence the degree of weight accorded to the individual’s wishes.
Women who are currently serving in a variety of combat roles and combat support positions in many state militaries around the globe have had to struggle for their positions by proving their abilities, and such struggles are still ongoing. Based on interview materials with veterans, this article examines the ways in which the veterans interpret their roles as women in combat positions and how they understand agency. The article further traces how their presence in war could alter the gendered meaning of protection. While the military is a key institution of overt gendered power in the state, women combatants’ voices can create a crack in the masculine dominance that is taken for granted in state narratives; they can also create a wedge that allows in a reconsideration of gendered roles and power relations in the context of militaries, thereby offering more nuanced interpretations of protection and agency.