bluuebunny/crossref_metadata_2025 huggingface dataset:
Africa, Slavery, and the Slave Trade, Mid-Seventeenth to Mid-Eighteenth Centuries
Authors: Eltis David
Published: February 2013

Which of the major components of the Atlantic world — the Americas, Africa, and Europe — was most immediately affected by the integration of the Old and New Worlds that Columbian contact triggered? On epidemiological grounds alone the Americas would be the choice of most scholars, with Europe, at least prior to the eighteenth century, the least affected. In terms of dramatic economic, demographic, and social consequences of the early stages of Atlantic integration, Africa lies somewhere between the two. Yet if we shift the focus to changes in the nature and size of connections between the continents as opposed to changes within them, the most striking developments between the 1640s and the 1770s relate to Africa, not Europe or the Americas. The Slave Coast was a major supplier of slaves to transatlantic markets. West Central Africa, by far the largest supplier of slaves to the Americas, experienced two diasporas. Captives from the northern ports went to the colonies of northern Europeans, those from Luanda and Benguela in the south went to Brazil. By the end of the third quarter of the eighteenth century, the transatlantic slave trade was close to the highest level it was ever to attain.
The Challenge of the New
Authors: Pagden Anthony
Published: February 2013

Europe's incursion into the Atlantic — the ‘occidental break out’ — after the mid-fifteenth century created many challenges and generated many kinds of ‘newness’ for all of those caught up in it. For the peoples of the African littoral, of the Canary Islands, of the Caribbean, and of the American mainland, the contact with Europeans throughout this period was inevitably, if not always initially, violent. Both Africa and America had been the site of large political structures which the Europeans called ‘empires’, Zimbabwe and Benin, Aztec Mexico and Inca Peru, before the fifteenth century. The discovery of America had seriously undermined both classical geography and the traditional Christian accounts of the creation and subsequent peopling of the world. It offered, however, other, less direct, challenges to the ancient understanding of the world which in the end, were to be even more devastating for the subsequent history of Europe.
Anglo‐Scandinavian Identity
Authors: Richards Julian D.
Published: February 2013

This article explores the circumstances that led to Scandinavian invaders being assimilated into Anglo-Saxon England and ensured that it was the Anglo-Saxons, not the Vikings, who came to be regarded as the ancestral English. The Scandinavian settlers who arrived in England did not have a common identity. The Scandinavian elite were quick to form local alliances which cross-cut ethnic divides and did not promote any sense of Scandinavian unity. There was no single hybrid Anglo-Scandinavian identity, but a range of strategies, dependent upon context. It is clear that Scandinavians and Anglo-Saxons actively used material culture in the process of cultural assimilation, with rapid integration. It is also shown that there was no single experience of settlement or interaction, and whilst it is helpful to talk about an ‘Anglo-Scandinavian identity’ this was not derived from a simple combination of Anglo-Saxon culture on the one hand and Scandinavian on the other.
Overview: Rural Settlement
Authors: Hamerow Helena
Published: February 2013

The Anglo-Saxon rural settlement is a picture of far greater complexity and diversity than could have been imagined at the time that Philip Rahtz's pioneering survey was published. Factors affecting the recognition of settlements clearly come into play when considering their geographical distribution. Serendipity will always have a role to play in the discovery of Anglo-Saxon settlements: the impressive, high-status settlement at Cowdery's Down, Hampshire, came to light during the investigation of a complex of cropmarks dating to the Bronze Age and Civil War era. The detailed stratigraphic sequences allowed changes in the configuration of the settlement to be traced in some detail. Explaining the unfeasibly high proportion of excavated settlements of the mid to late Saxon periods that display at least some of the trappings of high status in terms of their layout and buildings and/or their material culture will require further research.
Food Plants on Archaeological Sites
Authors: Moffett Lisa
Published: February 2013

This article reviews the current state of archaeobotanical knowledge of food plants from English archaeological sites from the fifth to the eleventh century. It explores the species that have been recovered and at the biases introduced by different types of preservation, and briefly considers whether the archaeobotanical evidence can be used to look beyond the basic ‘shopping list’ of plants to activities related to production and consumption. It addresses some of the strengths and limitations of the archaeobotanical evidence. Cereals, legumes, fruits, nuts, vegetable, and flavourings are the food plants found in Anglo-Saxon sites. It is clearly shown that the taphonomy of botanical assemblages produces an apparent dichotomy between the waterlogged urban deposits which have produced most of the evidence for fruit, nuts, vegetables, and herbs, and the non-waterlogged rural sites where the evidence is mainly charred, and biased towards cereals.
Animal Husbandry
Authors: O'Connor Terry
Published: February 2013

This article outlines the source material for an archaeological study of Anglo-Saxon animal husbandry, namely the excavated remains of the livestock themselves. Furthermore, the regional and diachronic variation in relative abundance is reviewed, and then addresses what is known regarding the morphology and appearance of Anglo-Saxon livestock. The three main livestock taxa (cattle, sheep, pigs) dominate the zooarchaeological assemblages. Mortality profiles are proxy evidence of husbandry regimes, reflecting the need for, and value placed upon, the diverse resources yielded by farm livestock. The impression that is acquired of animal husbandry through the Anglo-Saxon centuries is that mixed farming was carried on throughout eastern England, generally quite successfully, with minor local adaptations. There is little indication that pastoral systems were under particular stress, and clear evidence that cattle and sheep, though certainly slaughtered for meat, were not primarily raised for that purpose.
Anglo‐Saxon Crafts
Authors: Leahy Kevin
Published: February 2013

This article provides an overview of Anglo-Saxon crafts and refers to some of the issues involved. Lacking the screw thread, the Anglo-Saxon craftsmen would have made extensive use of wedges to secure clamps and vices while working. An important and widely traded product of the Stamford kilns were crucibles made of clean, white-firing clay that was heat-resistant. The basic methods used to work non-ferrous metals differ from those used to work iron. Amongst the finds from Tattershall Thorpe was a mass of copper-alloy off-cuts, probably intended for the melting pot, and six garnets: two cut to shape, three irregular, and a chip. The making of glass from the raw materials, suitable sand, lime, and soda or potash, requires a lot of heat and it is necessary to reach a temperature of around 1,700°C. The pottery industry does not seem to have benefited from the Anglo-Saxon take-over.
Overview: The Body and Life Course
Authors: Crawford Sally
Published: February 2013

The focus of Part VII of this book is on the relationship between the lived experience of the individual explored through the study of the biological body, and the material culture framework within which the body exists. It also investigates the links between the scientific analysis of skeletal material, how that analysis provides readings for social interpretation, and the tensions inherent in drawing together scientific and social approaches to the body. Burial practices, bodies, and associated objects are linked to the lived experience of people within society, and the relationship between the physical and social body as it is manifested both in the physical body itself, and in the objects which mediate the constantly negotiated social identity of the individual. The description of inert (often literally dead) bodies is being replaced by analyses of the production and experience of lived bodies, in which surface and interior are no longer separated.
Childhood to Old Age
Authors: Stoodley Nick
Published: February 2013

This article outlines the current approaches to age in early Anglo-Saxon archaeology, before presenting several case studies that demonstrate the complexity of this identity, and the value of it to the understanding of social organization during the later fifth and sixth centuries. An analysis of three cemeteries from Kent, Saxon Wiltshire, and Anglian Northumbria is presented to test whether a community's cultural identity had a bearing on age structure. It has shown that the burial rite is linked to an individual's age and that grave goods are the most visible aspect in the articulation of this social identity. In each cemetery, gender becomes a feature of the life course for certain individuals, especially the expression of a feminine identity. The study has shown that one should always be aware of the context-specific nature of age organization.
Overview: The Archaeology of Religion
Authors: Blair John
Published: February 2013

The next part of this book touches either explicitly or implicitly, on ritual continuities across the sixth to eighth centuries, and it is clear that even as late as the eleventh century, important aspects of lay Christianity were still influenced by traditional indigenous practices. The book here also explores ways in which the worlds of secular life and of religious belief and organization influenced each other: perhaps most of all in the seventh and eighth centuries, when a Continental religious culture became so enmeshed in the priorities and strategies of the warrior aristocracy which it was simultaneously transforming. It reflects an increased knowledge of the material culture associated with Anglo-Saxon religion, and a greater awareness of its range. This overview has mentioned continuities, but the afterlife of early Anglo-Saxon belief patterns includes some striking areas of non-survival.
The Archaeology of the Anglo‐Saxon Book
Authors: Gameson Richard
Published: February 2013

This article discusses the range of different skills and techniques needed to produce Anglo-Saxon books. It also stresses the ways in which the processes of book-making, along with the resources and implements that were required, fitted into the material culture of an early medieval society. The basic material from which the pages of Anglo-Saxon books were made was animal skin. Late Anglo-Saxon images of evangelists and authors often show them working at what looks more like a lectern than a board or desk. Specific information on the storage of Anglo-Saxon books is predictably exiguous. Book production presupposed long-distance contacts. There is the methodological point that reconstructing the elusive realities of Anglo-Saxon book production requires a holistic approach to the available evidence, such as it is. It is essential to take codicological, documentary, art-historical, and archaeological evidence together, along with the experience of modern scribes, testing each against the others.
Crime and Punishment
Authors: Reynolds Andrew
Published: February 2013

This article demonstrates how landscapes carry the imprint of power and focuses on one of its most severe manifestations — capital punishment. A brief sketch is provided of judicial behaviour. The evidence from execution cemeteries is then given, exploring aspects such as their location and relationship to existing landscape features, and the range of burial types encountered within them. Further evidence for non-churchyard burial, such as isolated burials including those at crossroads, is also addressed and related to the central theme. Execution cemeteries often contain multiple burials. This article generally shows how archaeological evidence can make a substantial contribution to debates about aspects of society only usually approached using written evidence. It also illustrates that rather than highlighting divisions between the disciplines of archaeology and history, much can be gained by focusing on points of contact in a positive way.
Material Geographies
Authors: Cook Ian , Tolia‐Kelly Divya P.
Published: February 2013

Geographers' engagements with materiality over the past decade have become the topic of widespread and sometimes heated debate. A steady trickle of articles has appeared critiquing the ‘dematerialization’ and advocating the ‘rematerialization’ of social and cultural geography, and claims have been made that wider ‘materialist returns’ are under way across the discipline. In the introduction to his edited collection on materiality, anthropologist Daniel Miller discusses how ethnographers constantly encounter the contradictory juxtaposed and incommensurable in their work. This article elaborates upon the concepts of landscape, commodities, and creativity at length and with special reference to theNapoliwreck. This article also discusses theNapolievent which gives coherence to this article that the literature did not seem to possess, while also providing a vivid sense of its disparate nature. This article very skillfully uses the example ofNapolito explain everything related to culturalism.
Material Histories
Authors: Stahl Ann Brower
Published: February 2013

The term ‘material culture’ is often used by archaeologists as a non-specific way to refer to the artifacts or other concrete things left by past cultures. An archaeologist thus can be described as a person who studies the material culture of a past society. This article focuses on the idea of material histories. This idea as explored in this article has a dual sense. First, it underscores the ways in which material culture was bound up in how history as socio-historical process was lived, thus revealing how its study can provide insights into past practices and processes. Secondly, it reminds us that historical accounts — our insights into socio-historical processes — are material to the present, thus underscoring the need to consider how those accounts are shaped by and simultaneously shape contemporary perceptions and practices. An extensive analysis of material moments and material histories in the present time winds up this article.
Cultural Landscapes
Authors: Head Lesley
Published: February 2013

This article explores the idea of cultural landscapes. The term ‘cultural landscape’ is widely recognized as a description of a region of the earth that has been transformed by human action. This article explores the history of the idea of cultural landscapes, focusing on two dichotomies. The first is the dichotomy between materiality and symbolism; from highly material beginnings in the early twentieth century, the second is the dichotomy between nature and culture, concepts treated as oppositional for much of this history. It then examines some of the geographic differences, with particular attention to Australian and Scandinavian examples. The next section explores what happens when the cultural landscape idea itself becomes materialized, in the form of land and heritage management frameworks. The final section presents a recent critique of the cultural landscape concept and asks whether it is possible to go beyond the dichotomies, and whether the concept retains any usefulness.
Afterword: : Thinking Through Material Thinking as Placing and Arrangement
Authors: Thrift Nigel J.
Published: February 2013

This book has demonstrated how the study of material culture has come of age. From being the preserve of a few hardy souls working in disconnected island Communities — the social and economic history of consumption, ethnographies of contemporary consumption, the anthropology of goods, such as clothing and pottery, material culture studies in archaeology — it has become the stamping ground of many. The concluding article here demonstrates how the study of material culture has come of age. From being the preserve of a few hardy souls working in disconnected island communities — the social and economic history of consumption, ethnographies of contemporary consumption, the anthropology of goods, such as clothing and pottery, material culture studies in archaeology — it has become the stamping ground of many. Things have now become a key part of worlds. That was always true in the sense that the layout of things has always been a powerful pointer to a culture's propensities and dispositions.
Spanish Hispaniola and Puerto Rico
Authors: Scarano Francisco A.
Published: February 2013

This article reviews scholarship on the history and historiography of slavery in Spanish Hispaniola and Puerto Rico. Santo Domingo, the Spanish colony that became the Dominican Republic, and Puerto Rico, its island neighbour to the east, rank as two of the Western hemisphere's most racially mixed societies. Historical factors related in one way or another to slavery account for the high degree of racial admixture. Both countries experienced enslavement and the Atlantic slave trade intensely in the sixteenth century. This was followed by a long period of economic declension during which slave imports were low and the exploitation of slave labour fell into relative obsolescence. In the seventeenth and early eighteenth centuries, virtual economic autarchy in both colonies allowed for greater rates of miscegenation than in almost every other New World society significantly influenced by the institution of slavery.
Cuba
Authors: Childs Matt D. , Barcia Manuel
Published: February 2013

This article reviews scholarship on the history and historiography of slavery in Cuba. In the sixteenth-century, Africans crossed the Atlantic and accompanied Diego Velésquez and other Spanish conquistadors in the first expeditions sent to subjugate Cuba. Africans served in post-conquest Cuba as enslaved assistants to powerful military and political officials or as domestic servants. During the nineteenth-century heyday of plantation slavery, Cuban social and political life centred on the master-slave relation. Foreign capital and foreign political pressure — British abolitionism and United States annexationism, for example — began to shape Cuban slavery beyond the contours of Spanish colonialism alone. The transatlantic slave trade lasted longer to Cuba than to any other New World slave society with final abolition coming only in 1867.
Early Republic and Antebellum United States
Authors: Forret Jeff
Published: February 2013

This article reviews scholarship on the history and historiography of slavery in the early republic and antebellum United States. During the colonial period, slavery was present in varying degrees throughout what would become the United States. In the wake of the American Revolution, however, slavery became the ‘peculiar institution’ of the South. In the North, where the slave population was small and less crucial to the functioning of the economy, states took the revolutionary ideals of liberty and equality to their logical conclusion, each passing either an immediate or gradual emancipation law by 1804. Further south, especially in the Chesapeake, slavery was weakened as revolutionary-era runaways and manumissions depleted the slave population. Yet, with the fading of the revolution's egalitarian rhetoric and the invention of the cotton gin that made it possible to extract safely and efficiently the delicate fibres from short-staple cotton, the institution of slavery would not only persevere but become entrenched and expand across the southern United States. The antebellum decades witnessed the movement of slaves south and west with the advance of the cotton frontier.
Slave Resistance
Authors: Egerton Douglas R.
Published: February 2013

This article discusses the historiography of slave resistance. Despite persistent attempts by historians to force a uniformity of vision and goals on rebel leaders, insurgent slaves in the eighteenth and nineteenth centuries differed from one another fully as much as white revolutionaries in the same era. If slave rebellions in North America correspond to any one model, it is that they proliferated during times when the white majority was divided against itself in a crippling fashion. Colonial insurgents in South Carolina and New York City, for example, rose in revolt with their masters engaged in war against France and Spain three times. Slaves, who well understood the daunting odds they faced and rarely contemplated suicidal ventures, plotted for their freedom only when safer avenues had been closed to them.
The Economics of Slavery
Authors: Coclanis Peter
Published: February 2013

This article examines issues of traditional concern to economic historians of slavery: the origins of and motivations/rationales for slavery; pattern and variation in the institution both across space and over time; questions relating to slavery's profitability; the developmental effects of slavery; and the reasons for its demise. The focus is on slavery in the Western hemisphere, and, only then, on slavery in societies established therein by European colonizers beginning in the late fifteenth century.
Emancipation
Authors: Schmidt‐Nowara Christopher
Published: February 2013

This article focuses on the historiography of emancipation in Latin America. Latin American independence was part of a widespread challenge to European colonialism in the Americas beginning in the late eighteenth century with the American Revolution. Historians now recognize that slavery and emancipation were central issues in the struggles over empire and independence. To understand how anti-colonial rebellions in the Iberian world undermined slavery and set the stage for emancipation, it is important to look at them in relation to the earlier wars of independence that transformed the British and the French Atlantic empires.
Slavery and the Haitian Revolution
Authors: King Stewart R.
Published: February 2013

This article reviews scholarship on the Haitian Revolution (1791–1804). The revolution stands as the only one in history to have destroyed a society in which slaves performed almost all productive labour and constructed on top of the rubble a nation-state in which slavery was prohibited. This unique phenomenon resonated throughout the transatlantic world, with repercussions in the imperial capitals of western Europe and throughout every slaveholding region in the Americas. The revolution inspired slaves with pride and the hope of ultimate deliverance and freedom, and it encouraged advocates of liberty in Europe. Perceptions of the revolution over the ensuing two centuries have been coloured by racial attitudes and by the subsequent experience of independent Haiti. In the last half century, scholars have rediscovered the Haitian Revolution. New data and new methods have advanced understanding of the social and cultural circumstances of the revolution and its preconditions.
Internal Slave Trades
Authors: Tadman Michael
Published: February 2013

This article reviews scholarship on internal slave trades in the Americas. Intra-regional slave trades in the Americas have often left few records and have been little noticed by historians. In many cases, historians have probably ignored significant inter-regional trades that pre-dated the era of abolition. The internal slave trades that have been most researched are long-distance trades that operated under the critical attention of active abolitionist movements, and they are trades that flourished after the supply of slaves from Africa had terminated or been much restricted. The internal trade was most prominent in North America from 1807 (the abolition of the African trade) to 1865, in Brazil from 1850 (the ending of African importation) to 1888, and in the British Caribbean from 1807 (again the abolition of the African trade) to 1833.
Comparative Slavery
Authors: Lago Enrico Dal
Published: February 2013

This article first briefly reviews the historiography of comparative slavery, so as to identify the main trends and changes it went through. It then provides a summary of the state of the art of comparative studies in the three main historical periods in which slavery flourished in the Americas: the colonial period (sixteenth to late eighteenth centuries), the revolutionary period (roughly 1770–1820), and the nineteenth century. At the heart of the article are the different ways in which comparative perspectives have enhanced our understanding of the different historical phenomena — chief among them capitalism — associated with the rise and spread of the Atlantic slave system in the New World. A long debate is still in course on the definition of the relation between slavery and capitalism and on whether we can see this relation as an alternative route to modernity followed by the slave societies in the Americas, especially the Old South. The comparative perspective helps by showing that capitalist and precapitalist elements were present in different degrees in all the areas characterized by slave labour and that it was this coexistence of different elements that provided New World slavery with features that make it comparable to systems of both free and unfree labour in other parts of the world.
Ancient Greek Elegy
Authors: Nagy Gregory
Published: February 2013

This article fully considers the tradition and function of ancient Greek elegy. It is shown that the elegy uses its own peculiar hexameters existing in a codependent relationship with the elegiac pentameter. The article then addresses ‘the delights of elegy’. It concentrates on the hexameter as combined with the pentameter in the elegiac couplet. Additionally, the formal characteristics of elegy as a genre in the attested phases of Greek literature are explained. The article considers how the genre of elegy shows its capacity for performing the functions of forms that belong to the genres of epic and oracular poetry. There is a remarkably wide range of possibilities for the self-expression of a woman who is singing a lament. The lament of men in their sympotic singing of elegy may be a stylized and representational form of lament. There is a pleasure to be had in the sensuality of lament.
Speaking of the Medieval
Authors: Treharne Elaine
Published: February 2013

This article explains the coverage of this book, which is about medieval literature in England. This book covers by far the longest single literary period in English: from Old to Early Modern English, a thousand years of textual production from the seventh to the sixteenth centuries, from the Classical era to the Renaissance. It seeks to highlight major new trends in scholarship, and to confirm positions of pre-eminence for the startlingly brilliant work of so many early English authors.
The Profession-alization of Writing
Authors: Horobin Simon
Published: February 2013

This article examines the professionalization of the book trade in medieval England. It describes the nature of book production in the fifteenth century and suggests that the evidence for the professionalization of the copying of literary texts in the medieval period is complex and contradictory. This is because scribes gained employment in a variety of institutions, secular and monastic, and copied a wide range of texts for a diversity of patrons. This article argues that the fifteenth century appears to have seen a considerable increase in the number of books being produced, although it is not until the period after 1450 that we see the establishment of bookshops employing groups of scribes collaborating on the production of copies of literary texts.
Insular Romance
Authors: Echard Siân
Published: February 2013

This article examines so-called insular romance in England during the medieval period. It explains that the term romance is of non-English origins and that many English romances are adaptations or translations from French originals. Insular romances often begin and/or end with an appeal to God, and while such formulae certainly speak to the world beyond the romance, the lives and deaths of many romance heroes suggest such appeals are more than merely rote.
Authorizing Female Piety
Authors: Watt Diane
Published: February 2013

This article offers a broad overview of English women's authority and piety from the Anglo-Saxon period to the fifteenth century that looks at accounts of women's visions either written down by the women themselves or recorded by others. It focuses on women's visions of the dead and the dying and considers representative selection of texts and writers including Bede's Ecclesiastical History, Julian of Norwich's The Book of Margery Kempe, and an anonymous female-authored fifteenth-century text known as A Revelation of Purgatory. It suggests that most of the relatively small corpus of writing by women in the European Middle Ages was religious in content.
Writing, Heresy, and the Anticlerical Muse
Authors: Bose Mishtooni
Published: February 2013

This article focuses on Omnis plantacio, an English sermon that shows how a series of complex relationships were evolving between writing, heresy, and anticlericalism in late medieval England. It discusses the intraclerical critiques contained in the sermon and its relentless castigation of failing clerical ranks. It compares and contrasts the works of several authors including Piers Plowman and some Wycliffite texts, and Thomas Netter and John Audelay.
Acquiring Wisdom
Authors: Anlezark Daniel
Published: February 2013

This article examines the acquisition of wisdom through literary text in medieval England. The most famous collections of wisdom in the Middle Ages were found in two Old Testament books attributed to King Solomon, Proverbs and Ecclesiastes which contains aphorisms, often arranged around themes and at times profoundly enigmatic in style. Old English epic poems, including Beowulf to Geoffrey Chaucer's Miller's Tale, also offered the medieval reader a measure of common sense with which to understand the chaos of human existence. This article suggests that the unlettered were not ignorant of the traditional knowledge of their society because a store of wisdom was preserved and transmitted in memorable sayings, proverbs, and maxims.
Individuality
Authors: Blamires Alcuin
Published: February 2013

This article focuses on the category of individuality in English literature during the medieval period. It examines how far the period's pervasively Christian culture in the West suppressed individuality in favour of personal obedience to the institution of the Church and investigates whether individuality was anathema to the Middle Ages. It discusses Lee Patterson's suggestion that the medieval idea of selfhood emerges from the dialectic between an inward subjectivity and an external world that alienates it from itself and comments on the fourteenth-century English romance Sir Gawain and the Green Knight.
Scottish Writing
Authors: Elliott Elizabeth
Published: February 2013

This article examines Scottish writing during the medieval period. It explores the tensions at issue in the development of particular models of a Scottish national tradition and their implications for our reading practice. It traces the influence of the history of Scottish literary studies on the modern reception of early literature and examines the ways in which the extended model of the Scottish canon developed in recent criticism troubles received ideas of a national tradition. It also discusses the role of Scottish Chaucerians as makers of the received canon of Scottish literature.
Spiritual Quest and Social Space
Authors: Campbell Mary Baine
Published: February 2013

This article provides a very selective survey of spiritual travel in its major prose forms in medieval English literature, focusing on pilgrimage. It discusses mystic and poetic texts that engage the form of the quest in romance, allegory, and the vidas and confessions of mystics. It suggests that during this period the ecclesiastical and theological disapproval of the literalism of religious travel was raised to a level of ecstatic rejection of the body's adventures by mystical aspiration to a purely spiritual consciousness.
Policy Issues
Authors: Muchlinski Peter
Published: February 2013

This chapter discusses the actors, ideologies, and major technical questions that contribute to the development of policy in the field of international foreign investment law. The range of actors has become wider than merely the investor and the host country. The home country may have to take on active obligations in relation to the investor and the investment; corporate investors are being subjected to increasing demands for compliance with good corporate citizenship and governance standards, in return for the benefit of investment protection. Civil society groups and NGOs are increasingly active as monitors of corporate behaviour and as lobbyists for more balanced international investment agreements (IIAs) that cover obligations for all the main sets of actors.
Investment, Investor, Nationality, and Shareholders
Authors: Schlemmer Engela C.
Published: February 2013

This chapter discusses the major issues surrounding the definition of the key terms ‘investment’ and ‘investor’ in international investment law. The main questions in relation to the first term have concerned the breadth of the definition of investment and whether all types of investments—be they direct or indirect, be they enterprise-based or contractually based—should be covered or whether narrower definitions that relate the coverage of the international investment agreements (IIAs) more precisely to cross-border capital movements and to foreign direct investment by enterprises rather than individuals should be covered. Issues concerning the second term focus on ascertainment of nationality. The nationality of both natural and legal persons is left mainly to national law and practice, with international law intervening where this causes uncertainty, as in the case of dual nationality of natural persons, or the host country nationality problem for subsidiaries of multinational enterprises incorporated in the host country.
Applicable Law
Authors: Spiermann Ole
Published: February 2013

This chapter analyses the development of the relationship between different systems and rules of law as the applicable law of an investment dispute. Section 1 identifies some aspects of the procedural framework in which arbitral tribunals find themselves, notably the jura novit curia principle. Section 2 presents an overview of different approaches to internationalizing international investment law applicable to claims brought by private investors on the basis of a contract with the host state. Section 3 discusses investment arbitration as a field in which the principle of party autonomy, although of indisputable importance, does not reign supreme. Section 4 and 5 analyse the law, or legal rules, applicable to contract claims and treaty claims, respectively.
State Responsibility and Attribution
Authors: Hobér Kaj
Published: February 2013

This chapter presents an overview of the basic rules of attribution laid down in the ILC Articles. It provides a clear idea of the extent to which a state may be held responsible under international law for the conduct of state organs and others who exercise governmental authority. Topics discussed include applicability of ILC articles, general rules of attribution, attribution and federal states, and attribution and umbrella clauses.
Regulatory Transparency
Authors: Kotera Akira
Published: February 2013

This chapter presents an overview of transparency issues. It begins with a discussion of the significance of the concept in the investment field, asking why transparency is being increasingly characterized as a fundamental principle and considering why it was neglected for a long time, bearing in mind early investment treaty practice. It then reviews the development of specialized transparency obligations in more recent international investment agreements (IIAs), highlighting their principal features. Thirdly, the chapter analyses the interrelationship between the transparency obligations of the state and the principle of fair and equitable treatment, taking into account developments in international investment arbitrations in this regard. Finally, the chapter considers the role that transparency has to play in investment protection more generally.
Methods of Dispute Resolution
Authors: Reinisch August , Malintoppi Loretta
Published: February 2013

This chapter reviews the different options available for the settlement of investment disputes, describing their main advantages and disadvantages. Topics discussed include national courts, the ICSID system, institutionally supported arbitration other than ICSID or Additional Facility, the Permanent Court of Arbitration, diplomatic protection, and international courts and tribunals.
The Jurisdictional Threshold of a Prima-Facie Case
Authors: Sheppard Audley
Published: February 2013

This chapter considers the ‘prima-facie test’ that has been applied by investment treaty tribunals to the claimant's case as the threshold for jurisdiction. It examines its origins in the international courts. It observes the uncertainty as to the precise formulation of the test, and the more recent attempts to clarify how the test might apply to different aspects of the claimant's case. While the application by tribunals of the prima-facie test has shown it to be a low threshold, in a few cases tribunals have struck out some or all of the claimant's claims on the basis that the claimant's own articulation of its case would not fall within the provisions of or amount to a breach of the treaty invoked. Finally, provisions in some recent US investment protection agreements and the recent amendment to the ICSID Rules that incorporate a procedure akin to the ‘motion to dismiss’ in US law are noted.
The Relationship between International Tribunals and Domestic Courts
Authors: van Haersolte-Van Hof Jacomijn J. , Hoffmann Anne K.
Published: February 2013

This chapter examines the issue of the interaction of contract claims and treaty claims, their classification, and subsequent adjudication. It also considers related arbitral decisions and their consequences. Topics discussed include the distinction between contract claims and treaty claims, further issues arising from the interrelation between international tribunals and domestic courts, and waiver of the protection granted by investment treaties.
Parallel Proceedings
Authors: Yannaca-Small Katia
Published: February 2013

This chapter examines the most common situations where parallel proceedings can occur in investment arbitration. It considers whether the principles of res judicata and lis pendens apply in investment arbitration and could prevent conflicting awards. Finally, the chapter looks at the way investment treaties regulate and/or prevent the occurrence of parallel proceedings, with a particular emphasis on the consolidation of claims.
Review of Awards
Authors: Balaš Vladimír
Published: February 2013

This chapter begins by summing up the development of opinions on the possibility of review of the decisions of international tribunals in general. It analyses several key decisions of ad hoc committees established in accordance with the provisions of Article 52 of the ICSID Convention. It concludes with an assessment of whether it is necessary to broaden the scope of the review of arbitral awards in investment disputes, and particularly whether it would be convenient to introduce into investment disputes an appellate system allowing for the review of the merits of investment disputes.
An Appellate System in International Investment Arbitration?
Authors: Qureshi Asif H.
Published: February 2013

This chapter considers some of the arguments for an appellate process in the investment sphere, identifies some of the potential appellate options, and focuses on the development perspective to such a proposal. It is argued that a principal concern about the effort to introduce a non-ring-fenced appellate system in the investment sphere is that it seeks to add to the coherence and development of international investment law via a somewhat non-transparent route. Further, the need to inject the development dimension into any proposed appellate system is important. A development-friendly appellate system requires in particular a focus on its apparatus of interpretation, on participatory rights, and on technical assistance.
The State and Genocide
Authors: Weiss‐Wendt Anton
Published: February 2013

This article explores the connection between the state and genocide. It argues that no form of mass violence, and least of all genocide, erupts spontaneously. It requires premeditation, usually by a government with a record of gross human rights violations. Indeed, the discussion contends that genocide is intricately linked to the idea of the modern state, despite a body of scholarship that questions that link. Non-state agents such as radical political parties or armed militias are usually incorporated into the governing structure and therefore rarely perform on their own. The state may deliberately use them as proxies to obscure the decision-making process and thus to shift responsibility for the crimes committed. Even though the ruling body may not always emphasize state interests in genocide, the painstaking reconstruction of the chain of command, where possible, inevitably points to the upper echelons of power as the original source of mass violence.
The Law and Genocide
Authors: Schabas William A.
Published: February 2013

This article discusses genocide as a legal concept. The crime of genocide has been incorporated within the national legal systems of many countries, where national legislators have imposed their own views on the term, some of them varying slightly or even considerably from the established international definition. The term itself was invented by a lawyer, Raphael Lemkin. He intended to fill a gap in international law, as it then stood in the final days of the Second World War. Over the years, the limited definition of genocide in the 1948 Genocide Convention has provoked much criticism and many proposals for reform. But by the 1990s, when international criminal law went through a period of stunning developments, it was the atrophied concept of crimes against humanity that emerged as the best legal tool to address atrocities.
Anthropology and Genocide
Authors: O'Neill Kevin Lewis
Published: February 2013

This article explores the relationship between anthropology and genocide. Anthropology is the study of culture — the attitudes, behaviours, and practices that constitute a given community. The anthropology of genocide lends analytical clarity and empirical rigour to a range of issues, including truth, memory, and representation in post-genocidal spaces. Anthropology's growing interest in genocide has a number of roots, including a continued interest in both modernity and globalization as well as violence and terror; a shift from small village studies to research that examine the state-level dynamics in situations of upheaval, flux, and violence; and a greater commitment to reflexivity, historicity, and engaged anthropology. The formation of anthropological questions relating to genocide studies builds from several other intellectual developments such as critical assessments of ethnography, nationalism, violence, and refugees, but nonetheless continues to extend far beyond these issues in rather creative and thought-provoking ways.
The Nazi Empire
Authors: Browning Christopher R.
Published: February 2013

This articles addresses genocide in the Nazi Empire. Genocide in the Nazi Empire issued from a confluence of traditions: anti-Semitism, racism, imperialism, and eugenics. None of these was unique to Germany, but they came together in a lethal combination in Germany under Nazi rule to provide the ideological underpinnings for three clusters of genocidal projects. The first was the ‘purification’ of the German race through the mass murder of the mentally and physically handicapped within the Third Reich and the expulsion and mass murder of ‘Gypsies’ from the Third Reich. The second was a demographic revolution or ethnic restructuring within the lands deemed to be Germany's future Lebensraum through the decimation, denationalization, and expulsion of the predominately Slavic populations living there. The third was the systematic and total mass murder of every Jew — the Holocaust.
Agriculture
Authors: Mears John A.
Published: February 2013

When striving to delineate the contours of the human experience, world historians must highlight the major turning points in the existence of our species. Among the momentous watersheds through which human beings have passed since their appearance over 100,000 years ago, none has been more profound in its consequences than the shift from hunting and gathering to agriculture, a form of subsistence usually defined as different combinations of systematic crop cultivation and livestock raising. This article explains agricultural origins, recurring agricultural patterns in the post-classic world, and the industrialization of modern agriculture.
Nomadic pastoralism
Authors: Barfield Thomas J.
Published: February 2013

Nomadic pastoralists live in societies in which the husbandry of grazing animals is viewed as an ideal way of making a living and the regular movement of all or part of the society is considered a normal and natural part of life. Pastoral nomadism is commonly found where climatic conditions produce seasonal pastures but cannot support sustained agriculture. This article discusses nomads and the sedentary world; levels of social and political complexity among nomads; nomadic empires and china; long-distance trade; nomadic dynasties; and the decline of nomads in history.
Pre-modern Empires
Authors: Allsen Thomas T.
Published: February 2013

Empire is regularly defined as a political unit of large extent controlling a number of territories and peoples under a single sovereign authority. Of the three criteria, only one, sovereign authority, is quantified. In the early sixteenth century, maritime Europe, starting on its own path to empire, encountered large imperial regimes across the globe — the Ottoman, Safavid, Mughal, Ming, Aztec, and Inca — each of which had an identifiable genealogy and model. To a meaningful degree, global political history is simply the oscillation between universal empires and multi-state systems. In their expansive modes, empires destroyed and created states and were similarly productive in decline, devolving back into smaller polities, some entirely new and others merely refashioned. Standard imperial policies had profound cultural consequences. Population transfers, garrisons, and colonies produced close encounters, while secure lines of communications and interest in things foreign produced long-distance exchange.
Modern Imperialism
Authors: Duara prasenjit
Published: February 2013

The renewed interest in imperialism after the wars in Afghanistan and Iraq has re-cast a vexed problem regarding the delimitation of the scope of the term imperialism. The urge to distinguish ‘imperialism’ from ‘empire’ has surfaced as some scholars seek to dissociate the United States' actions from the term imperialism and affiliate it with the less negative, if not positive, vision of empire. In that light, this article describes empire and imperialism in history; the historiography of imperialism; principal developments in modern imperialism; and the mid-nineteenth century transformation of imperialism or ‘new imperialism’. Imperialist competition in the first half of the twentieth century was catalyzed by a particular configuration of capitalism and nationalism. The nationalist foundations of modern imperialism have made it very difficult for the imperialist nation, whether Japan in Manchukuo or the United States in Iraq, to transition to a federated polity or cooperative economic entities or even ‘empire’.