bluuebunny/crossref_metadata_2025 huggingface dataset:
Creator of Compromise: William Henry Sedley Smith and the Boston Museum'sUncle Tom's Cabin
Authors: Kahn Edward
Published: July 2009

The notoriety of the two most popular antebellum stage versions ofUncle Tom's Cabinnaturally has led theatre historians to examine both the adaptation choices and their political intentions, continuing a debate which began in earnest on 7 November 1853. On that day the Henry J. Conway adaptation opened at P. T. Bamum's American Museum in New York, entering into direct competition with the version by George Aiken, at that time in the fourth month of its run across town. Barnum aggressively promoted the Conway text as “the only just and sensible Dramatic version of Stowe's book,” despite such changes as a rewritten happy ending and the use of minstrel humor and music. Incensed abolitionist critics countered by dubbing the Conway adaptation “pro-South,” a label which still remains in use, especially in comparisons of the Conway and Aiken texts.
Frank Coltman: Trouper from Tidioute
Authors: Marsh John L.
Published: July 2009

The reach of the American theatre between 1870 and 1900 was truly extraordinary, for those were the years when touring combinations crisscrossed the land, finding a ready welcome in countless opera houses, academies of music, and village halls. William Winter, one of the most long-lived of theatrical critics, estimated that by 1880 there were in the United States and Canada about 3,500 towns in which theatrical performances were habitually given in some 5,000 theatres. These hosted more than 250 theatrical companies employing some 5,000 actors. It was a “stirring” theatrical climate, giving employment to countless utility men and women, walking gentlemen, ladies in waiting, second old men and women, soubrettes and comedians—not to mention actors and actresses laying claim to stellar rank.
Sheridan and the Drury Lane Theatre, 1801–1809
Authors: Price Cecil
Published: July 2009

The opening decade of the nineteenth century was the least happy in Sheridan's career. He broke away from his old colleagues in Parliament at one period and was separated from his wife for a time. Yet while certain compensations were offered to him in his political and personal life, his association with Drury Lane Theatre was marked by particular ill-fortune. The truth is that at this time his negligence and procrastination over many years brought his playhouse to the edge of ruin.
East End Melodrama
Authors: Booth Michael R.
Published: July 2009

Both historically and critically, in one important area our view of Victorian drama and theatre closely parallels that of the Victorian theatre historian and critic. We tend to regard that history as fully expressed by the cumulative record of the middle-class West End theatre and the middle-class West End drama. Drury Lane, Covent Garden, the Adelphi, the Olympic, the St. James's, the Haymarket, the Princess's, the Strand, the Lyceum—these are the theatres that always appear in our books and articles; and Taylor, Buckstone, Boucicault, Robertson, Maddison Morton, and Pinero the dramatists we always write about. The representative Victorian commentator upon the theatre, drama critic or historian, did the same. In 1866 Henry Morley stated categorically: “In our provinces and colonies the form of entertainment will be, as it now is, mainly determined by the example of the eight or nine theatres in or near the West end of London, of which I hold the performances to be worth serious attention.” And in Morley's Journal of a London Playgoer, a selection of his dramatic criticism from 1851 to 1866, there is no evidence that Morley paid serious attention, or any attention at all, to theatres outside this magic circle.
Your Mission, If You Accept It: “Texan” Culture and the Performance of the Alamo
Authors: Clemons Leigh
Published: July 2009

On 21 April 1836, members of the Texian army under the leadership of General Sam Houston overwhelmed and routed the pursuing forces of General Antonio Lopez de Santa Anna, President of Mexico, in a bloody, twenty-minute conflict on the plain of San Jacinto. The Texian army and terrified settlers, who had heard that Santa Anna promised death to all Americans still living in Texas, had been retreating towards the Sabine River and the relative safety of the United States, when they suddenly turned and attacked. The Mexican army, camping on an open plain surrounded by three rivers and in the middle of siesta, were taken completely by surprise. As Houston's forces stormed the camp, shouts went up from the men—the battle cry of retribution: “Remember the Alamo!! Remember Goliad!”
Elliston's Productions of Shakespeare
Authors: Murray Christopher
Published: July 2009

Robert William Elliston launched into management in 1809, when Drury Lane, where he had been leading actor ever since Kemble defected to Covent Garden, was destroyed by fire. He chose as his new theatre the Royal Circus in St. George's Fields, on the Surrey side of the Thames. According to the monopoly laws, productions here were limited to pantomime, ballet, pageantry, and equestrian displays. Drama as such was outlawed, except for what were termed “burlettas”: short sketches in rhymed recitative accompanied by the endeavors of what might flatteringly be dubbed an orchestra. By acting there himself, however, and by so adapting legitimate drama that it could be legally considered no more than burletta, Elliston determined to raise this theatre into a respectable competitor of London's major theatres. With characteristic fanfare Elliston first bowed before the Circus audience in the part of Macheath in an adaptation of The Beggar's Opera which, perhaps for its novelty alone, met with auspicious popularity. He followed up with an adaptation of Macbeth, advertised as a “Ballet of Music and Action, founded on” Shakespeare's play, which proved to be the first major breakthrough in London's struggle for a free stage.
Theatre Reconstruction: Tentative Steps Toward a Methodology
Authors: Woods Alan
Published: July 2009

The scholarly work of reconstructing vanished theatres is of crucial importance to theatre history. The playhouse provides the physical plant for the drama; therefore its shape exerts enormous influence upon plays written for it. Its size and accommodations for the audience reflect and may even determine the drama's function within a given society. To ignore the physical setting of a play's first production is an error almost as damning for the theatre historian as the practice of the literary scholar who forgets that plays are not written for examination in classes.
The Staging of the Chester Cycle: An Alternate Theory
Authors: Powlick Leonard
Published: July 2009

The past fifteen years have been a period of active revisionism in the study of the stage history of medieval England. Through the efforts of Richard Southern, Martial Rose, and others, we have gained a quite different perspective on the staging of the religious drama of the Middle Ages. Now the Cornish plays are no longer considered to be an aberration, for we have seen the principle of stationary performance extended to Wakefield and Lincoln, and enough questions have been raised concerning performance in York that processional staging even there seems doubtful. More and more we are being led to the conclusion that not processional staging on pageant carts, but stationary performance was the norm in England, just as it was on the Continent.
Correspondence and Confrontation between William Duffy, Manager, and John Hamilton, Actor
Authors: Leonard James M.
Published: July 2009

Still regarded by many as little more than vagrants, most actors in nineteenth-century America had no sense of economic security; many were continually on the edge of abject poverty, others victims of excessive drink. These difficulties produced countless emotionally charged confrontations between actors and managers all over the nation, much like the one between William Duffy and John Hamilton in Albany, New York.
Memoirs of Max Reinhardts Theatres 1920–1922
Authors: Volbach Walther R.
Published: July 2009

In 1912 Richard Strauss carefully looked around for a theatre he could entrust with the première of his Ariadne auf Naxos. In the preceding season Der Rosenkavalier had had its first performance at the Dresden Court Opera; yet, for all the brilliant and eminently successful production, Strauss excluded this opera house from his considerations, primarily because he found it too large for the intimate new work. The small Residenz Theater, part of the Bavarian Court Theatres in Munich, would have suited him, but for a number of reasons no agreement could be reached with its general manager. About that time the new Court Theatre in Stuttgart opened its doors. It consisted of two theatres, the large house mainly for operas and classical dramas and a well-equipped little one, a veritable gem for comic operas and drawing room plays. Strauss considered this Kleine Haus, as it was called, ideal for Ariadne.
Renaissance Theatre in Scandinavia
Authors: Carlson Marvin
Published: July 2009

Though records of medieval drama in Scandinavia are few and fragmentary, they allow us to trace there a tradition similar to that developing in much of Europe at this time. There are surviving examples of quasi-dramatic church ceremonies at Easter and Christmas, of early liturgical dramas such as the famousQuem quareitis, and of later, more elaborate resurrection plays and mysteries. There is a far greater development of dramatic production in Scandinavia after 1500, however, when the church drama of the middle ages gives way to the school drama of the Renaissance. Throughout northern Europe, the schools served as the centers for the establishment of a new style of drama. But nowhere was school drama so exclusively dominant as in Scandinavia where, in contrast to the rest of Europe, it served as the popular and court theatre of this period as well.
A Conjectural Reconstruction of the Dorset Garden Theatre
Authors: Langhans Edward A.
Published: July 2009

The most magnificent of the Restoration playhouses, yet the one with the most lamentable history, was the Dorset Garden. Conceived by Sir William Davenant, the building was not erected until after his death. Though it was the most expensive and lavishly equipped of all the theatres built between 1660 and 1700, it fell into partial disuse eleven years after it opened and was demolished in 1709 after a life of only thirty-eight years.
From Beast to Mad Beast: A Further Look at Tyrone Guthrie's Tamburlaine
Authors: Maloon James
Published: July 2009

When Tyrone Guthrie rescued Marlowe's Tamburlaine the Great from three centuries of theatrical oblivion, he raised several issues—some intentionally, some not—touching on the play's, and Marlowe's, adaptability to the modern stage and pertinence to the modern temper.
Scene Painters and their Work in America before 1800
Authors: Wolcott John R.
Published: July 2009

An inquiry into eighteenth-century American scene painting must draw upon sources other than painter's renderings, since few are known to survive. The most promising source other than printed descriptions, barren at best, are the non-theatrical landscape and topographical (view) paintings of America's early scenic artists. No employment of these materials is possible, however, until the parameters of the relationship between easel and scene painting have been established.
Variety into Vaudeville, The Process Observed in Two Manuscript Gagbooks
Authors: Senelick Laurence
Published: July 2009

“As a jester among jesters,” Jack Point commends himself to a would-be mountebank in Gilbert and Sullivan's The Yeoman of the Guard, “I will teach thee all my original songs, my self-constructed riddles, my own ingenious paradoxes; nay more, I will reveal to thee the source whence I get them.” The “source” in this case is a tome entitled The Merry Jestes of Hugh Ambrose, a compendium of asthmatic wheezes, Gilbert's thrust at not only Elizabethan jestbooks but their Victorian counterparts. At times it must have seemed as if printing had been invented only to enable aspiring comedians to plunder the wit of the past from cheap chapbooks, like the one that gave Joe Miller to the vernacular. In the United States, dissemination of these storehouses of “gags” began as early as 1789, and by the 1860s they were a staple of the bookstalls; the intended market for them was either the laugh-loving churchgoer who wouldn't be caught dead in a theatre, or the parlor entertainer, the “clown of private life,” ready to make unwilling interlocutors of his nearest and dearest. In the 1870s, however, publishers aimed at the professional; Henry J. Wehman's 25¢ paperback Budget of Jokes was meant to fill a need of the evergrowing number of variety performers.
The National Theatre's Hamlet: A Record
Authors: Berkowitz Gerald M.
Published: July 2009

The National Theatre's 1975–1976 production of Hamlet was its first since the inaugural production of 1963, director Peter Hall's first since the 1965 Royal Shakespeare Company version, and Albert Finney's first attempt at the title role. Originally intended to be the first play done in the Olivier Theatre, the large thrust-stage auditorium in the National Theatre's new London building, it instead became one of the last to be presented at the Old Vic when construction delays postponed the opening of the new house. Hamlet opened at the Old Vic on 10 December 1975, and moved to the Lyttleton, the smaller proscenium theatre in the new building, on 16 March 1976, to continue in repertory through the year.
Amerigo Salvetti and the London Court Theatre, 1616–1640
Authors: Orrell John
Published: July 2009

British Library Additional MS 27962 is a transcript of the diplomatic dispatches sent from London to Florence by Tuscan agents in the seventeenth century. Among the mass of contemporary political comment are regular notices of the Court drama of the period of much the same kind as those which can be found in the Calendar of State Papers (Venetian), and of nearly equal, though complementary, value as a source of information about masques, Court plays, tilts and other entertainments.
The State of Research in American Theatre History
Authors: Meserve Walter J.
Published: July 2009

In the “last analysis” the concern must always be for insight. Saul Bellow made it a demand: “Now I want insight.” So, too, should the reader of theatre history. Unfortunately, in the vast majority of recently published material on American theatre history that demand is not being met. Among the many young scholars researching and writing on this subject, few appear even to aspire to that mastery of the material which will produce major scholarship. The old guard persists, but today's youthful historians of American theatre tend toward an annual birth and death pattern rather than perennial growth. Obviously, such an observation should not be construed as an adverse criticism of all existing scholarship; yet, it does describe a general condition of research in American theatre history. There are surveys, general observations, memoirs, descriptions, expository and critical essays on various topics, studies of theatres and playwrights, essays on popular entertainment and ethnic or racial theatre. Some of these publications contribute meaningfully to an understanding of American theatre; few, however, suggest insight into the history of that theatre.
The Lessons of the Reconstructed Performance
Authors: Fogarty C. M. , Lawrenson Tom
Published: July 2009

The material upon which this paper is based is divided into two sections. The paper concerns the problems presented to historians of the theatre confronted by staging conventions. The first section is intended to consider in general terms our own experience of some of these problems—problems which, while forming given constants in the preoccupations of theatre scholars, have been brought sharply into focus by Robert K. Sarlós' recent article in Theatre Research International, “Creating Objects and Events.” The second seeks to examine the generalities which we put forward in an account of the practical reconstruction of Mahelot's staging of Pyrame et Thisbé in the early seventeenth-century Hôtel de Bourgogne.
Reporting Performance Research
Authors: Woods Alan
Published: July 2009

In his essay in Theatre Research International “Creating Objects and Events,” Robert K. Sarlós cries in some anguish, “But does a production that reaches for…historic reconstruction deserve no scholarly attention at all unless or until it is recorded in (or accompanied by) a bulky tome?” His despair is comprehensible: the prospect of generating mounds of print material after completing a production is fatiguing to contemplate and daunting to attempt (indeed, lost in my own files are discarded drafts of such reportage on Giraldi Cinthio's Orbecche, an early attempt at a “performance essay”). However, the answer must be, unequivocally and despite fatigue, affirmative.
Stanislavsky's Double Life in Art
Authors: Senelick Laurence
Published: July 2009

On the short shelf of theatrical autobiographies that continue to be read long after their author has ceased to be newsworthy, Konstantin Stanislavsky's My Life in Art stands foremost. It is a textbook for acting classes, a sourcebook of theatrical history and a guidebook for those workers in the theatre who have lost touch with the meaning of their efforts and seek in Stanislavsky's trials and errors, goals and achievements, an artistic True North to put them back on their course. In the Soviet Union, it is lauded, in the words of the director Aleksey Popov, as “a model of superb literature and comparable to such books as Herzen's My Past and Thoughts.” In the West, no less a colleague than Jacques Copeau praised it in terms that made My Life in Art sound like the vita of an anchorite.
The Pantomime of Jean-Gaspard Deburau at the Théâtre des Funambules (1819–1846)
Authors: Storey Robert
Published: July 2009

“Now, I don't want to take anything away from the French resistance,” protests a character in a recent novel. “… Its brave raids and acts of sabotage undermined the Germans and helped bring about their downfall. But in many ways Marcel Carné's movie, his Children of Paradise, was more important than the armed resistance. The resisters might have saved the skin of Paris, Carné kept alive its soul.” It is a fatuous remark, the kind we expect from the determinedly fatuous hero, but its praise of Carné suggests with embarrassing accuracy the seductiveness of Les Enfants du Paradis. A Paris of romantically roiling passions, of pure Pierrots and gay Robert Macaires, of the Boulevard du Crime, whose little theatres stand as metaphors for the brash vitality of le peuple — it is a spectacle that few of us can resist. All our dreams of the City of Light (save those of shabby accordionists strolling beneath balloonbedecked Eiffel Towers) are contained in its opening shot, alive with the turbulent crowds of the old quartier du Temple.
Henry James Byron and the Craft of Burlesque
Authors: More Elizabeth A.
Published: July 2009

Henry James Byron (1834–1884) was a brilliant, witty, literary Englishman who wrote equally witty plays, infused with a cleverness of conception that deserves more than superficial analysis. While he had careers as diverse as those of actor, manager, novelist, editor, journalist, and playwright, it is upon the last mentioned that his “fame” rests.
Notes for a History of the Italian-American Theatre of New York
Authors: Sogliuzzo A. Richard
Published: July 2009

Today, Italian-Americans are largely integrated into the mainstream of American society. Nearly vanished is the simple, lively immigrant culture of the first generation of Italian-Americans. New York City, the center of that immigrant culture, once had a thriving theatre which served a large segment of the city's Italian-speaking population. Although the Italian-American theatre was a major ethnic theatre, its history remains neglected, and is virtually unknown to historians outside the area of Italian-American studies.
Touring Patterns on California's Theatrical Frontier, 1849–1859
Authors: McDermott Douglas
Published: July 2009

From its beginning, America was a frontier. Initially, the Eastern Seaboard was a frontier for Europe, and this was still true in 1750 when professional theatre began to be a regular feature of American life. Within a century the variables changed, but were still bound together in the frontier equation. By 1850 the trans-Mississippi West had become a frontier for urban centers in the East. In particular, the North-Central region of California sprang into popular consciousness: here was the ultimate undeveloped area to which one could migrate in the search for economic competence. As America's first major mining frontier it offered a prospect of sudden wealth which was far more appealing than the slow seasonal accumulation of agriculture, and which did not require the large initial investment of industry.
The Building of the Lafayette Theatre
Authors: Montilla Robert
Published: July 2009

The Lafayette Theatre of New York was built and owned by Charles W. Sandford (1796–1878), a colorful and sometimes eccentric personality, whose careers in law, business, and the military, combined with a personal predilection for pomp and display, made him a prominent member of New York's society. As a businessman, Sandford made and lost “several fortunes” in the course of his eventful life in a variety of financial speculations that included investments in real estate, hardware, and theatres. Most of these ended disastrously for him, but his ventures accrued enough profit to allow him to live stylishly all his life, entertain every prominent guest of the city and, on his death in 1878, leave his family a “comfortable competency.” As a lawyer, Sandford handled several celebrated cases and, being generally considered “among the finest” members of his profession, was eventually named vice-president of the New York Bar Association. But it was in his career as a soldier that his love for horses, parades, and gilded uniforms was most manifest and which led Sandford to erect the first full-scale equestrian theatre in America.
Dear Winston's Clever Mother: Lady Randolph Churchill and the National Theatre
Authors: Bryan George B.
Published: July 2009

The death of Sir Winston Churchill in 1965 focused renewed attention upon his colorful American mother, Jennie Jerome (1854–1921), who distinguished herself as a political aide of Lord Randolph Churchill (1849–95), her first husband, and also as an authoress, public speaker, and indefatigable worker in behalf of numerous charities. Her manifold activities have been described by Ralph G. Martin (Jennie: The Life of Lady Randolph Churchill) and Anita Leslie (Lady Randolph Churchill: The Story of Jennie Jerome). Neither biographer, however, describes Lady Randolph's theatrical ventures in detail, and neither relates those activities properly to the movement to establish a National Theatre in Great Britain.
Judicial enforcement of Article 26 of the international covenant on civil and political rights in the Netherlands
Authors: Heringa Aalt Willem
Published: July 2009

In December 1978 the Dutch Government ratified the International Covenant on Civil and Political Rights (ICCPR) as well as its Optional Protocol, which contains the possibility for individuals to submit complaints to the Human Rights Committee. According to Article 49 ICCPR and Article 9 Optional Protocol both documents entered into force in the Netherlands three months later, on 11 March 1979. The ratification process of the ICCPR had taken so long (the ICCPR was adopted by the UN General Assembly in 1966) because of the Dutch practice of eliminating, before the ratification of a treaty, any (possible) conflicts between national legislation and the treaty in question. This can be achieved, as has indeed been done, either by making the necessary and appropriate reservations, or by changing national law accordingly. It has always been the intention of the Dutch legislature that all foreseeable conflicts would have been eliminated by the time a treaty enters into force.
Some curiosities in the sources of the law of armed conflict conceived in a general international legal perspective
Authors: Post H.H.G.
Published: July 2009

In his search for ‘Self-contained regimes’ in the 1985 issue of theNetherlands Yearbook of International Law, Bruno Simma addressed diplomatic law, human rights law and the law of the European Community. He did not consider the most traditional of all ‘special branches’ of international law: the law of war. Although present-day authorities no longer see the modern law of armed conflict as a corpus of lawseperatefrom international law, it is often still considered to be alex specialiswithin international law. This special character – although certainly in certain areas still controversial – is notably predicated on the (traditionally) sharp distinction between the conditions of peace and war. Although war ‘in a technical sense’, to use Prof. Dinstein's term, has lost its prominence, if indeed it ever had much, the legal relevance of a distinction between war and peace, or armed conflict or not, is still recognised in international legal instruments as well as by many authors.
Space law as a branch of international law
Authors: Malanczuk P.
Published: July 2009

‘Need I apologize for my choice of subject? Some may say it belongs to the realm of exotics of law. Some may ask: Why deal with issues so remote when there are so many much closer to us still awaiting a solution? Why reach so far?’ With these words the late Judge Manfred Lachs introduced his 1964 lecture at the Hague Academy of International Law on the topic ‘The International Law of Outer Space’. The subject is no longer exotic today. Within the three decades following the launch of Sputnik 1 in 1957, the use of space technology is now widespread, not only for military but also for civilian purposes, including satellites for communications, meteorology, television and radio broadcasting and other applications. Remote sensing data is employed in agriculture and resource management as well as in environmental monitoring. Writing a quarter of a century later than Lachs, in a prologue to a collection of articles by “a new generation of space law scholars’, K.-H. Böckstiegel notes:

‘Space law is coming of age. What started out as an exotic field of law and then continued with the discussion and codification of legal rules, following the development of exploratory space activities, is now confronted with the challenge of arriving at just and effective rules for the use of space serving many practical and conflicting economic, political and military interests.’
State responsibility in a liberalised world economy: “state, privileged and subnational authorities” under the 1994 Energy Charter Treaty: An analysis of Articles 22 and 23
Authors: Waelde T.W. , Wouters P.K.
Published: July 2009

The unprecedented expansion and growing complexity of international economic relations over the last decades have significantly affected the scope and nature of existing international law. Numerous bilateral investment trade agreements (BITs), and multilateral instruments such as the GATT, NAFTA and the 1994 Energy Charter Treaty (ECT) have added to the increasing body of international trade and investment law. From the perspective of general international law, this emerginglex mercatoriais a force to be reckoned with. It is the ‘interface of international business/commercial law with public international law has never been an easy exercise. An issue that perhaps best identifies the complexity of such an endeavour relates to the responsibility of the State for non-State actors in the area of commercial transactions. While this issue has yet to be clarified fully in international law, it is one that is of particular importance to international economic relations.
‘General principles of law’, ‘soft’ law and the identification of international law
Authors: Elias Olufemi , Lim Chin
Published: July 2009

Treaties and custom are generally regarded as the major sources of international law. They derive their validity more or less directly from the consent of those subjects of the law which also possess the institutional authority to make law. The perceived limitations of the consensual nature of these two sources have resulted in doctrinal controversy concerning,inter alia, the existence of sources of international law which are not essentially consensual. This is the rationale for the inclusion of general principles of law recognised by civilised nations alongside treaties and customary international law in Article 38 of the Statute of the International Court of Justice, as one of the sources of international law to which the Court may refer. Similarly, the phenomenon of ‘soft’ international law is, by and large, a response to the failure to generate the full measure of State consent required for attributing full legal status to the ‘soft’ norms in question, often in relation to developing fields of international concern. It is often said that these non-consensual sources have an inferior status when compared with the consensual ones. The purpose of this paper is to consider critically the basis and the form of the differentiation between these two apparently non-consensual phenomena (i.e., ‘general principles’ and ‘soft’ law) on the one hand, and the paradigmatic (because consensual) types of international law (i.e., treaties and custom) on the other.
Human rights in the development policy of the European Community: towards a European world order?
Authors: King T.
Published: July 2009

The European Community wields substantial economic influence outside its borders. The Community is a major donor, providing ECU 5.8 billion in development assistance in 1996, and grants the developing countries extensive trade preferences under the Lomé Convention and the Generalised System of Preferences. To what extent, however, the Community's economic power should be used to promote human rights has been, and remains, a controversial issue.
A perspective on provisional measures under UNCLOS
Authors: Laing Edward A.
Published: July 2009

This article analyses Article 290:1 of the United Nations Convention on the Law of the Sea (UNCLOS), concerning the elements required for the prescription of provisional measures, in the context of the Order of the International Tribunal for the Law of the Sea (ITLOS) of 11 March 1998 which prescribes provisional measures in The M/V ‘Saiga’ (No. 2) (St Vincent and the Grenadines v. Guinea) Article 290:1 provides:

If a dispute has been duly submitted to a court or tribunal which considers that prima facie it has jurisdiction under this Part or Part XI, section 5, the court or tribunal may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent serious harm to the environment, pending the final decision.
Re-inventing the law of treaties: the contribution of the EC Courts
Authors: Klabbers Jan
Published: July 2009

The European Community and the law of treaties together represent a rather vast topic, which can be approached from various angles. In this article, the topic will be studied from the angle of the law of treaties rather than that of Community law, and the reason is largely that recent developments in Community law shed an interesting perspective on the law of treaties.
The legal personality of the European Communities and the European Union
Authors: de Zwaan Jaap W.
Published: July 2009

In this article, the meaning and scope of the legal personality of the European Communities will be discussed. As a complementary exercise the question will be raised if the European Union as such is in the possession of a similar capacity.
Levies on aircraft engine fuel – the international legal framework
Authors: Loibl Gerhard , Reiterer Markus A.
Published: July 2009

In nearly every area of environmental protection the question of economic instruments, which may range from trade restrictions to levies for environmental purposes, has been raised. This also holds true for the area of climate change. In the negotiations leading to the adoption of the Kyoto Protocol, the use of economic instruments was at the very centre of the debates. Although a number of economic mechanisms have been included in the Kyoto Protocol itself, the discussion concerning the use of economic instruments for purposes of combating climate change continues.
Experience in the Netherlands Regarding the Case-Law of the Chamber of Appeal of the Central Commission for Navigation on the Rhine
Authors: Haak W.E.
Published: July 2009

The Rhine is governed by an international regime. This dates back to 1804 when the Patent Treaty was signed between France and the German Empire. It contained the first rules relating to the abolition of the many local tolls and regulations and assigned responsibility for shipping and tasks related to this activity to a central organ. This process of internationalization was not abandoned during the Congress of Vienna. The Central Commission for Navigation on the Rhine, consisting of delegates from the riparian States, was set up in 1815 and was commissioned to draw up a new set of international rules on the basis of guidelines established by the Congress. The principle that navigation on the Rhine ‘sous le rapport du commerce’ [commercial shipping] should not be prohibited to anyone was a fundamental assumption in Vienna. Apart from this freedom of shipping — both in an economic and in a nautical sense — the aim was to abolish, or at least restrict, national tolls, duties and taxes, and to introduce a uniform approach in the traffic regulations applicable to the Rhine.
Conflicts of Norms in International Law
Authors: Czapliński W. , Danilenko G.
Published: July 2009

International law, like other fields of law, is not static. It develops constantly, accommodating the changes in international practice, attitudes of States, and the changing needs and requirements of the international community. According to the ICJ, ‘the possibility of the law changing is ever present’. At the same time, the notions of legal stability and security are inherent in the concept of law. Considering the development of law, we are still confronted with the trend to guarantee stability.
The Legal Protection Accorded to Minority Groups in Europe
Authors: Gilbert G.
Published: July 2009

At the meeting of the Conference on Security and Co-operation in Europe in Moscow in September 1991, Mikhail Gorbachev, the former President of the old Soviet Union, in his opening speech, raised the problem of minority rights in the newly emerging States of Eastern Europe and the Baltics. With the movement of the many different ethnic groups throughout the former Soviet Union since 1917, the rush to independence by the various republics creates new and, in many cases, substantial minority groups. The violence seen in Azerbaijan between Azeris and Armenians may presage events throughout Europe if care is not taken to protect minority rights. Often through naïveté or in a blatant attempt to stir up national fervour in the new State, the delicate task of defusing ethnic frictions in the creation of open, stable and successful societies is being mishandled. The crisis is sufficient for the Council of Europe to have deferred the applications for membership of Latvia, Lithuania and Estonia while their constitutional provisions for minority groups are examined. The former Eastern bloc States are in a period of transition as old nationalisms buried by Stalinism are reawakened – the issue of minority groups within States created out of the collapse of the Ottoman and Austro-Hungarian empires has taken on fresh life.
The Forcible Protection, Affirmation and Exercise of Rights by States under Contemporary International Law
Authors: Gill T.D.
Published: July 2009

This article examines the question of the right of States forcibly to affirm and protect substantive rights which have been unlawfully violated or denied by another State and considers a number of the legal and policy requirements which are relevant in the assessment of the place of this right under contemporary international law.
The Protection of Cultural Property: From UNESCO to the European Community with Special Reference to the Case of the Netherlands
Authors: Gimbrère Sabine , Pronk Tineke
Published: July 2009

The codification of principles designed to protect cultural property was first attempted in the 19th century. Initially, the aim was to afford international protection to movable and immovable cultural property of historical, scientific or artistic importance in time of war. Only in the 20th century has it been felt necessary to protect movable cultural property in peacetime, particularly against illegal trade and theft.
Mercenaries: Diagnosis before Proscription
Authors: Hampson F.J.
Published: July 2009

For nine years an ad hoc committee of the General Assembly of the United Nations worked to reach agreement on the text of an international convention against the recruitment, use, financing and training of mercenaries. In December 1989, the text was submitted to the General Assembly for adoption. Mercenary activity is not a new phenomenon. The attempt to regulate such activity suggests that rules are needed to meet what is either a new problem or an old problem the significance of which has increased. The object of this article is to attempt to identify what activities need to be proscribed and who should be held legally responsible and for what That will suggest a framework against which to evaluate recent texts concerning the use of mercenaries. These include not only the one elaborated under the aegis of the United Nations but also the OAU Convention for the Elimination of Mercenaries in Africa, the Luanda Draft Convention and Article 47 of Protocol I to the Geneva Conventions of 1949. It is necessary first to consider the historical position of the mercenary, before examining the role of such fighters in the conflicts of the 1960s and 1970s. It should then be possible to establish the nature of the perceived problem and, in particular, whether it is the activities of the ‘mercenary’ himself, as commonly understood, which is the cause of that problem. The article suggests that the issue of mercenary activity has been mis-diagnosed. It is not a matter of the jus in bello but of the jus ad bellum. The mercenary, it is argued, is an unlawful participant in the conflict. The problem is one of intervention and not of the status of such a fighter.
Country-Oriented Human Rights Protection by the UN Commission on Human Rights and its Sub-Commission
Authors: Nowak M.
Published: July 2009

Howard Tolley, Jr. divided the development of the United Nations Human Rights Commission's activities from 1946 to 1986 into three distinctive periods:

– a Western dominated body of 18 (later 21) members engaged in standardsetting and promotional activities (1947–1966);

– an Afro-Asian dominated body of 32 members making self-determination and racial equality priority agenda items and systematically attacking Western colonialism (1967–1979); and

– a 43 member body with a more complex political voting pattern aiming at global protection of human rights (1980–1986).
Immunity from Execution of Foreign States in Belgian Law
Authors: Verhoeven Joe
Published: July 2009

Of all the issues of public international law, the position of foreign states in national courts is the one to which Belgian practice has made the most specific contribution.
A Note on Indian State Practice with Respect to the Immunity of Indian Property Located within the Jurisdiction of Foreign States
Authors: Agrawala S.K.
Published: July 2009

There are very few cases in which India has been a party to litigation before foreign courts on the question of sovereign immunity.
Foreign State Immunity: Soviet Doctrine and Practice
Authors: Boguslavsky M.M.
Published: July 2009

The Soviet doctrine of foreign state immunity starts out from the principle that state sovereignty, the sovereign equality of states, underlies this rule of international law. Sovereignty is an indefeasible attribute of every state. It follows from the legal equality of states, and their mutual independence, that no state may wield power with regard to another state, its organs and its property.
Immunity of State Property – the Central Bank of Nigeria in Foreign Courts
Authors: Nwogugu E.I.
Published: July 2009

Nigeria as a comparatively newly independent state has not developed extensive practice and case law in the area of immunity of foreign state owned property within the country. However, it is possible to glean from the existing laws and the attitude of the Nigerian government in disputes on this subject what may be generally regarded as the Nigerian practice in this field.
Immunity of State Property: Japanese Practice
Authors: Hirobe Kazuya
Published: July 2009

The aim of this paper is to summarize the attitude and practice of Japan with regard to the immunity of the property of foreign states. However, the number of cases of this kind in Japan is rather limited. Generally, the attitude or practice of a state can be determined by examining the practice of its legislature, judiciary and executive. In the case of Japan, however, there are no special laws or regulations concerning the question of execution against property owned by a foreign state. Furthermore, no official views have been stated by the executive on the immunity of a foreign state from Japanese jurisdiction. Therefore, the principal source of Japanese practice concerning state immunity is constituted by court decisions. It is possible to learn much about the position of the Japanese Government through analogies drawn from these cases, and from foreign cases in which Japan has been the defendant. Some treaty provisions concluded by Japan concerning the jurisdictional immunity of state property will also be mentioned.
The International Law of State Immunity, as reflected in the Dutch Civil Law of Execution
Authors: Voskuil C.C.A.
Published: July 2009

In the Netherlands, the law of state immunity form execution covers an area where statutory provisions are scarce, where the judiciary has only sporadically entered and which has largely been neglected by scholarly opinion. So, when it comes to rendering an account of Dutch law concerning state immunity from execution, there is very little to draw upon. Even the notions of execution and of state immunity appearing in the title of this paper lack so much clarity that starting from a definition of these notions would hardly serve to project a clear image of what the law of state immunity from execution amounts to in the Netherlands.
Submarine Antiquities and the International Law of the Sea
Authors: Caflisch Lucius
Published: July 2009

On 12–13 December 1981, a newspaper published a description of the scramble among several groups of scientists and treasure hunters over a wreck found in 1976 on a shallow reef of the Caicos Islands and believed by some to be the “Pinta”, one of the three ships that sailed with Columbus in 1492. On 28 August 1981, the same paper announced the discovery and impending removal of seventy-two rotting wooden hulks lying on the seabed off the coast of Southern Japan near Nagasaki. It has been contended that these hulks are the remains of the fleets with which Kublai Khan vainly attempted to invade Japan in 1274 and 1281.aSimilar notices appear with increasing frequency in the international press. In 1980, for instance, the discovery of the wreck of a Czarist warship, the “Admiral Nakhimov”, sunk in the Strait of Korea during the Russo-Japanese War of 1904–1905, was announced; it is rumoured that the ship carried an enormous treasure of gold, platinum and other valuables. This discovery led to a heated controversy between the Soviet Union and Japan, in the course of which the former asserted that the salvage operation planned by a Japanese businessman would amount to “an act of piracy”, the vessel having retained its character as a Russian warship and, therefore, the sovereign immunity attached to it. Another event which provoked considerable argument was the partly successful attempt by the United States research vessel “Glomar Explorer” to raise the wreck of a Soviet submarine which had sunk 1,000 miles north-west of Hawaii in 1968.
Coercion in the conclusion of treaties: A consideration of Articles 51 and 52 of the Convention on the the Law of Treaties
Authors: de Jong H.G.
Published: July 2009

After years of preparation the Convention on the Law of Treaties was concluded in Vienna on 23 May 1969; it was about another ten years before the Convention entered into force on 27 January 1980. Shortly afterwards, the Government of the Netherlands decided to initiate the constitutional procedure required to become a party to the Convention. For that purpose, a Bill of Approval was submitted to the States-General in March 1983.
Liability as an obligation established by a primary rule of international law: Some basic reflections on the International Law Commission's work
Authors: Handl G.
Published: July 2009

Few undertakings of the International Law Commission have proved to be as controversial as its study of “International Liability for Injurious Consequences Arising out of Acts not Prohibited by International Law”. Despite an encouraging initial report by a working group of the Commission on the suitability of the topic for codification and progressive development, the undertaking, once launched, immediately met with strong scepticism, at times outright rejection. It is true that over the last two years support for the Commission's work on the topic has grown appreciably both within and outside the Commission. However, detractors of the study remain strongly in evidence.
Legal consequences of wrongful acts in international economic law
Authors: White G.
Published: July 2009

It has been recognized more clearly than ever in modern times that economic relations are inextricably bound up, on the international plane, with political relations among states. To quote from three distinguished American political scientists, C.F. Bergsten, R.O. Keohane and J.S. Nye

“On the motivational level … political and economic factors are frequently so closely intertwined that they cannot be disentangled. In addition, regardless of motivations, politics and economics are almost inevitably linked at the systemic level. An international economic system is affected by the international political system existing at the time, and vice versa.”
Concepts of strict and absolute liability and the ranking of liability in terms of relative exposure to risk
Authors: Goldie L.F.E.
Published: July 2009

In this study theories which perceive the law's main goal to be instrumental in wealth creation, in the sense that legal rules should be formulated so as to be conducive to efficiency (and hence increase the wealth of a society), will be contrasted with perceptions of law as the continuous balance between political choices whose purpose is to advance justice, including distributive justice, as equality. These values are recognized, not as prudential or utilitarian, but as categorical. An apparent characteristic of doctrines which perceive the role of law as enhancing wealth in that they necessarily accept, as given, the contemporary values of distributive justice. In addition to this Panglossian quality, they have also raised doubts regarding welfare theories of social cost, “externalities” which provide the bedrock foundation of emerging theories of liability for harms due to scientific and technological innovations. These critics of social cost theories question the attribution of causation, and thus of costs, as a matter of logical or social necessity to any enterprise or conduct. Their question is “what is a cost of what activity?” This has been paraphrased, for example by Calabresi, as: “Is a pedestrian-auto accident to be attributed to driving or walking?” The welfare economists, in opposition to this relativism, argue that protean “transaction costs”, or “information costs” justify intervention in the name of amelioration. In this way the legislatures and the judges are called upon to intervene in the name of that same efficiency which was also standard to the conservative opponents of strict and absolute liability.