The Chemical Composition and Production Area of Early Western Zhou Proto‐Porcelain Unearthed from Yejiashan Cemetery,Suizhou, China

The bodies and glazes of 27 early Western Zhou proto‐porcelain samples from Yejiashan cemetery, Hubei Province, were analysed using LA‐ICP–AES, SEM, XRD, a thermal expansion instrument and other analytical methods. The results indicated that the bodies of all samples were characterized by high silicon and low aluminium, and were made with porcelain stone raw materials found in the south of China. The glazes are typical of high‐temperature calcium glazes of the CaO (MgO) – K₂O (Na₂O) – Al₂O₃ – SiO₂ series, with relatively high Mn and P content, which was probably caused by the addition of plant ashes. The physical properties and phase compositions of Yejiashan proto‐porcelain show that firing processes were still in the early stages of development in ancient China. Multivariate statistical analyses indicated that Yejiashan proto‐porcelain might have come from the Deqing area, in Zhejiang Province. These results provide new archaeological evidence for research on issues related to material flow in the Western Zhou dynasty.     

Alberta’s Great Experiment in Senatorial Democracy

In 2014, the Supreme Court of Canada ruled that the unelected nature of the Senate is an inherent feature of Canadian parliamentary democracy and is a central pillar of the constitution. Members of the Upper House are appointed by the Governor General, acting on the advice of the Prime Minister. The decision taken by the Prime Minister is not subject to review by Parliament or the provincial legislative assemblies. Patronage appointments have given the Senate a reputation as a dumping ground for political friends and party insiders. In 1989, the province of Alberta enacted the Senatorial Selection Act, arguing that it would serve as a stepping stone for substantive reform to the Senate. The province has held four elections in which the people of the province have chosen senators-in-waiting. This article argues that the Court’s opinion in Reference re Senate Reform undermines the foundation upon which the provincial statute rests.     

The ICC pre-trial chamber decision on jurisdiction over the situation in Myanmar

The transfer and deportation of ethnically Rohingya people from Myanmar into Bangladesh is a crime against humanity demanding an international response. What role, however, should the International Criminal Court (ICC) play? On 6 September 2018 an ICC Pre-Trial Chamber ruled that the Court has jurisdiction to investigate and prosecute such crimes as they are completed on the territory of a State party, Bangladesh. Myanmar is not a party to ICC Statute and has invoked the principle that treaties do not bind third parties without their consent. The case put in this commentary is that while the Pre-Trial Chamber’s approach to the law was arguable as an interpretation of the ICC Statute, it was unwise as a matter of policy. The argument is threefold. First, the Pre-Trial Chamber’s ruling is as a matter of legal method only the first-move in a process of norm-creation and persuasion. Second, it does not follow that because territorial jurisdiction in international law includes ‘objective’ jurisdiction over transboundary acts completed on a State’s territory that such jurisdiction was delegated by member States to the ICC in all cases. Finally, it is argued that international criminal tribunals do not succeed when the cooperation of necessary territorial governments (here, Myanmar) is withheld. Proceeding in this case risks becoming a quagmire of the ICC’s own creation at a time when it can little afford further risks to its legitimacy.     

Documenting Archaeological Mortuary Features using High Dynamic Range (HDR) Imaging

This technical note presents a refined technique for photo‐documenting archaeological mortuary features using High Dynamic Range (HDR) imaging. Mortuary features in archaeological context can be complex and delicate given the wide variability in grave constructions and preservation of human skeletal remains. It is therefore critical to obtain the greatest detail possible when photo‐documenting these features. HDR techniques represent more contrast in photographs and provide greater detail across the DR of illumination within mortuary features—where complex arrangements of human remains can obscure or darken other elements or associated funerary objects, making them difficult to identify in traditional photographs. HDR can be employed with most standard digital single lens reflex cameras used for archaeological field projects, is easy to learn and employ (as described here), can be processed and produced with commonly used photo editing programs, and is ideal for use in unpredictable conditions that are often encountered with archaeological mortuary features and in field conditions. Copyright © 2013 John Wiley & Sons, Ltd.     

Australia's decision to initiate Whaling in the Antarctic: winning the case versus resolving the dispute

On May 31, 2010, Australia instituted proceedings before the International Court of Justice in the case of Whaling in the Antarctic (Australia v. Japan). Although Australian politicians had for some time threatened such a course of action, the decision to proceed with international litigation took many observers by surprise, most basically because Japan appeared to be in a strong legal position and the risks associated with the case appeared greater than Australia's prospects for success. This article examines the background to the whaling dispute and suggests two ways in which litigation in the World Court may contribute to resolution of the dispute no matter the legal outcome of the case.     

Barrister gender and litigant success in the High Court of Australia

We examine the relationship between gender of the barrister and appeal outcomes on the High Court of Australia. We find that an appellant represented in oral argument by a female barrister, opposed to a respondent represented in oral argument by a male barrister, is less likely to receive a High Court justice's vote. However, we also find that the appellant disadvantage of having a female barrister present oral argument is (partially) offset in the case of liberal justices and on panels having a higher proportion of female justices. The extent to which the disadvantage is offset, and potentially turns from being a disadvantage to an advantage, depends on the degree to which the justice is liberal and the proportion of female justices on the panel.

本文探讨律师性别与诉讼结果之间的关系。我们发现这个过程并不对称。如果是由女律师上诉,而辩方是一个或一个以上男性律师,那么性别就是一个因素。不过并不存在相反的情况。我们具体发现,如果诉方是一个女律师,辩方为一男律师,诉方就不大可能获得最高法官的赞同。不过,我们还发现,如果法官具有自由主义精神,如果法官团的女性比例较高,那么女律师的不利情形就有可能被（部分地）抵消。被抵消的程度取决于法官自由精神的强弱,和法官团女性比例的大小。     

Strengthening gender justice in the Asia-Pacific through the Rome Statute

Many conflicts in the Asia-Pacific region have included sexual violence crimes targeted primarily against women. However, in comparison to other regions, Asia-Pacific states have been reluctant to embrace international law innovations to end impunity for such crimes into the future, as evidenced by their unwillingness to become signatories to the Rome Statute of the International Criminal Court. Of the 39 countries constituting the Asia-Pacific region, only 17—less than half—have joined the Rome Statute. This article initially surveys some of the reasons for non-ratification of the Statute. It further examines the role of civil society and the potential normative impact of the Statute to enhance national sexual violence legislation and prosecutions. Finally, it identifies some practical steps that the Australian government could take to encourage regional states to ratify, implement and enforce the Rome Statute in order to further protect all victims of international crimes and bolster the broader Women, Peace and Security framework.     

Culture and Legal Policy Punctuation in the Supreme Court's Gender Discrimination Cases

For the most part, punctuated equilibrium scholarship has ignored the legal policy change generated by the Supreme Court. In this study, I address this gap though an examination of the Court's equal protection and gender cases from the 1970s. My case study here has two aims. First, I offer an adaptation of the jurisprudential regimes framework as a device for framing and identifying legal policy punctuations. After identifying Reed v. Reed (1971) as the cut point of such a regime, I then use Reed and its progeny to illustrate the promise of culture in explaining stasis and change, specifically focusing on the concepts of cultural cognition and cultural surprise.     

Emblems and enigmas: Revisiting the ‘sword’ belt of Fernando de la Cerda

The belt of Fernando de la Cerda is on permanent display in the Museo de Telas Ricas, Burgos. Presently, scholars believe the belt dates from 1252–75, is of Hispano-Islamic work and was worn as a baldric. This article suggests that the belt is English, that it was commissioned by King Henry III and was worn around the waist. Henry gave the belt to the count of Champagne, Thibault II, during his first diplomatic visit to France. In turn, Thibault probably gave the belt to Fernando de la Cerda, the infante of Castile, in 1269, at Fernando's wedding. The belt's burial with the Castilian infante provides important evidence of the close familial and political relationships that linked the ruling dynasties of north-west Europe during the thirteenth century. Commissioned as a gift and richly decorated, the belt should be seen as an example of the aesthetic accomplishment of Henry III, his use of propaganda and political aspirations.     

Aspects of gift giving in Denmark in the sixteenth century and the case of the Rose Flower Cup

The concept of an ancient system of gift exchange gradually being replaced by a market economy during the middle ages and early modern period has been rightly challenged by many recent studies. As it will appear from this essay on gift giving at the Danish court of King Frederik II (1559–88), gifts and favours continued to play an important role in the organisation of power and society. Several examples from sixteenth-century Denmark are discussed, including Frederik II's patronage of the astronomer Tycho Brahe. Special emphasis is put on a gift from the Danish noble couple Hans Skovgaard and Anne Parsberg on the occasion of the baptism in 1577 of their godson, the eldest son of Frederik II. Donations at rites of passage like baptism were a convention at the time, yet the huge gilt silver cup known as the ‘Rose Flower’ was more than that. It was an elegant way of reciprocating an earlier, royal wedding gift. At the same time the cup and its symbolism hinted at the ideal of the generous lord, stressing the hospitality and accessibility expected from the king, an ideal as common to king and nobility at the renaissance court of the sixteenth century as it had been in the previous centuries. The more humble gifts mentioned in private account books of the time point to the fact that people did not necessarily give someone a gift to obtain something in return. Sometimes gifts were simply given to sustain the social order of which the donors were a part.