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ID:
121482
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| Publication |
2013.
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| Summary/Abstract |
Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel is a recent controversial case decided by U.S. courts concerning a Spanish historic shipwreck on the high seas. This article analyzes the case and its implications from three aspects. First, the different laws applicable to shipwrecks reflect diversified approaches to the preservation of shipwrecks on the high seas. Second, compared with the U.S. Foreign Sovereignty Immunity Act and the UNESCO Convention on the Protection of the Underwater Cultural Heritage, the UN Convention on Jurisdictional Immunities of States and Their Property better defines "commercial activity" by using the nature of the transaction as a primary criterion and its purpose as a supplement. Moreover, warship wrecks and the cargo on board are inseverable for sovereign immunity purposes. Third, a legal vacuum exists for the protection of a former colony state's legitimate interests over a historic shipwreck.
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| 2 |
ID:
184747
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| Summary/Abstract |
Faced with the burgeoning NGOs in China in recent years, the Party-state has adopted a model of adaptive party building to maintain its presence and strengthen its grip over the evolving social sphere. Based on a two-year field work in Shanghai, this article finds that the new model is characterized by the party’s rigidity in the principle of social penetration and an array of flexible strategies to facilitate its entry. While promoting the party’s rapid organizational expansion in NGOs, the adaptive tactics also bring up problems, which may undermine the effectiveness of the party’s permeation in the long run. This article highlights the behaviors of the party’s agencies in the state-society interaction, which we suggest may shape the country’s grassroots political development in the future.
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| 3 |
ID:
142117
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| Summary/Abstract |
This paper explores the protection of non-indigenous human remains under cultural heritage law. By comparing the law for land-based cultural heritage and the law for underwater cultural heritage (UCH), and contrasting the law for dead human bodies and cultural heritage law, it proposes that the law for land-based cultural heritage should draw insights from the law for UCH, which generally distinguishes human remains from other cultural properties and protects the remains regardless whether they are indigenous or not. Before the law for land-based cultural heritage embraces the full protection of human remains regardless of their provenance, the law for dead human bodies may extend protection to ancient corpses that are well preserved, maintain a clear record of life history, are worshiped or protected continuously by later generations, and have become an indispensible part of their spiritual or moral life. These bodies, even if they died hundreds or thousands of years ago, do not lose their human dignity in the eyes of later generations and should be treated as cultural property for personhood.
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| 4 |
ID:
116674
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