Journal articles on the topic 'Possession (Law) – Europe'

AbstractAnthropologists often construe “property” in terms of rights, obligations, and interests, or use “property” in a largely undefined way. The use of the language of rights as a metalanguage is questionable for it is culturally specific, having developed in the Early Modern period in Europe in the context of the spread of market relations and the growth of contract law. One might ask, how are “rights” expressed and constituted in the indigenous languages? The article examines the role of language in the constitution of possession relations with reference to three case studies: ownership of land by Kaiadilt people of Bentinck Island in the Gulf of Carpentaria, possession more generally among Navajo of the southwest United States, and family/household “property” of the Southern Song dynasty of China. It focuses on the constitution of possessors, possessions and connections between them, and the expression of norms entailed by relations between possessor and possessum. (Property, possession, rights, Kayardild language, Navajo language, Southern Song dynasty, metalanguage)*

Cannabis is the most widely used illegal recreational drug in Europe; up to 5% of the total population are regular users in some countries. Smoking cannabis can damage the lungs, and some users may become psychologically dependent on the drug. Heavy cannabis use may also be associated with an increased risk of psychiatric illness — although no cause and effect relationship has been established. Nevertheless, there is a general consensus among medical and scientific experts that the health hazards of cannabis have been exaggerated. European countries differ widely in their attitude to enforcing the 1961 UN Convention on Narcotic Drugs, which declared cannabis to be an illegal narcotic. In the Netherlands the so-called ‘Dutch Experiment’ has decriminalized cannabis use for almost 30 years without any serious adverse social or public health consequences. On the other hand, most Scandinavian countries maintain a fiercely punitive legal regime, while other countries in Europe are moving towards a relaxation of the criminal penalties for possession and use. There is an urgent need for more debate about the need to reform the cannabis laws and for more consistency across Europe.

During the 18th century, an increasingly strong individualistic attitude in the way of understanding the relationship between man and the tangible world spread throughout Europe. The legal institution which, more than any other, suffered from the effects of this reductionism was the Property as victim of incredible compression in comparison to medieval world. The exclusive model that the new Enlightenment and the bourgeois mentality wanted to adopt was the individual Property, to the detriment of all those forms of possession documented in the Middle Ages. The present study intends to investigate, in the geographical context of the Papal States, the great juridical dispute between the individualistic model – endorsed by the Sacred Legislator – and that of a collectivistic nature defended by the Community.

Both in general and in regional international law, the subject of private patrimonial rights presents a spectrum of interesting points for discussion. Amid the most notorious issues that have loomed in recent times in relation to this topic, one could refer to the dispute over the dormant accounts of Holocaust victims in Switzerland and other European countries (or, more widely, to the entire question of gold and other property stolen by the Nazis during the Second World War), to the problem of reprivatization of property in Eastern Europe, or to the issue of restitution of property taken in pursuance of communist reforms in the former Soviet Union and its former satellite countries.

The automotive industry today faces three major transitions: the emergence of autonomous driving, electric powertrain replacing the internal combustion engine, and changes in possession of automobiles, e.g., increased usage of car sharing. As all three transitions are fostered by technologies that drive digital transformation of automobiles, the Technology Acceptance Model (TAM) by Davis represents the underlying research model of this paper. Hypotheses are developed and tested for a sample of 1177 participants using Partial Least Squares Structural Equation Modeling (PLS-SEM). Group differences are investigated for three markets: Europe, North America, and China. The paper confirms the underlying assumptions of the Technology Acceptance Model in the context of automobiles. Further, it illustrates influential societal norms and individual experiences for technology acceptance. In addition, compound effects for technology acceptance are found, e.g., the perceived enjoyment of electric driving affects the acceptance of autonomous driving and car possession behavior. The novel approach to integrate three different technologies within the Technology Acceptance Model requires unifying items to a level which makes them comparable, limiting the results for each individual technology. For practice, automotive manufacturers obtain advice on how to foster technology acceptance. For society, the paper uncovers the role of societal norms for technology acceptance in the context of automobiles. Policy makers can obtain insights on how to successfully increase technology acceptance, e.g., for environmental purposes. Conclusively, the paper applies the Technology Acceptance Model for three developments in the context of automobiles, thereby extending current research using the Technology Acceptance Model.

The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation in the Law of Ukraine of the best practice of usufruct in terms of Europeanization and Recodification. The peculiarities of usufruct in some countries of Romano-Germanic law, particularly in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia are studied. Usufruct, which is a flexible and universally recognized in the legal systems of Western Europe property right of personal possession for use, which is treated as an independent property right to another's property in the countries of Roman legal family or a kind of easement in the countries of German legal family, remains unknown to most countries – republics of the former Soviet Union. The law of Ukraine also does not provide for the institution of usufruct and regulates the relationship of long-term use of someone else's real estate through a number of limited property rights (emphyteusis, superficies, the right to economic management, the right to operational management) and obligational legal structures (usually land lease and property management). The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter "Uzufruct", the framework provisions of which are proposed in this paper. In the law of Ukraine it is expedient to recognize usufruct as an independent, different from easement, real right of personal possession for use, which serves as a general provision on emphyteusis (the right to use someone else's land for agricultural purposes). In this regard, the provisions of Chapter 32 of the Civil Code of Ukraine on usufruct should be applied to relations under emphyteusis, unless otherwise provided by the provisions of the Central Committee on emphyteusis and does not follow from its essence. According to its purpose, the legal structure of the usufruct can perform any functions of personal possession for the use of another's property, which allows the use of this legal structure in any area of property use, regardless of whether the purpose is income or other socially useful result (charity, etc.). The absence of usufruct in the national law hinders the effective transformation of legal titles on a state and municipal property by waiving the right of economic management and the right of operative management in terms of recodification of the civil legislation, and does not promote formation of the full-fledged land market and its steady development in the terms of cancellation of the moratorium on sale of the agricultural lands, conducting commodity of agricultural production in Ukraine. Regarding the recodification and cancellation of the Commercial Code, usufruct is the most acceptable replacement of the right of economic management and the right of operative management. Along with long-term lease and property management, the usufruct is functionally similar to the right to economic management and the right to operational management. Unlike property management and lease, usufruct provides for paid or gratuitous use of property in the user's own interest (usufructuary), imperatively defined by law, the content of the rights of participants and a list of grounds for their termination under the rules of property rights.

Legal regulation of proprietary interest in Estonia is associated with adoption of the Law “On the Proprietary Interest” in 1993, which has established the legal framework of the systemic proprietary interest regulation in the Estonian civil law. It must be noted that this law is distinguished by its substantive elaboration of general provisions on proprietary interest and individual elements of the system of proprietary rights (ownership, limited proprietary rights, possession), is prepared on the basis of consistent terminology and with the use of a ramified framework of categories and concepts of civil law. Insight into contents of the Law “On the Proprietary Interest” leaves no doubt as to its long-term elaboration and discussions, with involvement of the legal community and foreign experts, which, it is logical to assume, should have preceded its adoption. However, the reality is that the adoption of the Estonian law “On Proprietary Interest” was a rapid revolutionary step of the national legislators in the post-Soviet space, in the conditions of the crashed system of the socialist civil law and its guiding principles, which, in principle, had not been aware of any regulation of the system of proprietary rights and its individual elements. It is, certainly, possible to assume that the Estonian legislation has borrowed the provisions and institutions which had been regulated by the 1940 draft Civil Code of Estonia, which had been drawn up on the basis of the 1865 Code of Civil Legislations of Baltic (Ostsee) Provinces. However, it is impossible not to see as well that the Estonian law “On Proprietary Interest” has also apprehended the modern traditions of the continental European private law in regulation of certain institutions of proprietary interest, which evidences another manifestation of trends of harmonization and integration of civil law in Europe.

In 1612, a Spanish fleet captured a French ship whose stolen cargo included the entire manuscript collection of the Sultan of Morocco, Muley Zidan. Soon, the collection made its way to the royal library, El Escorial, transforming the library into an important repository of Arabic books, which, since then, Arabists from across Europe sought to visit. By focusing on the social life of the collection, from the moment of its capture up through the process of its incorporation into the Escorial, this article examines three related issues: the first regards the social trajectories of books and the elasticity of their meaning and function, which radically altered in nature. The second part of the article examines the circulation of the Moroccan manuscripts in relation to a complex economy of restrictions over the reading and possession of Arabic manuscripts in early modern Spain. Finally, the third part focuses on the political and legal debates that ensued the library’s capture, when the collection became the locus of international negotiations between Spain, Morocco, France and the Dutch United Provinces over Maritime law, captives, and banned knowledge. By placing and analyzing the journey of Zidan’s manuscripts within the context of Mediterranean history, the paper explains (1) why Spain established one of the largest collections of Arabic manuscripts exactly when it was cleansing its territories of Moriscos (Spanish forcibly converted Muslims), and (2) why the Moroccan collection was kept behind locked doors at the Escorial.

Immanuel Kant devotes his thought to the diversity and unity of humanity both in the natural and cultural domains, especially through the foundation or, at least, renovation, of two complementary disciplines: Geography and Anthropology. Thinking of Africa based on Kantian philosophy is an exercise that exposes essential tensions, inherent in questioning the meaning of universality and particularity, as well as its relations. From the angle of the critical power of human intelligence, one can find Kantian resonances in the ideas of freedom and liberation that animate all contemporary African cultural expressions, with an anti- and post-colonial outlook, from politics to the arts, through religion, law, economy and education. However, simultaneously, the Aufklärung that Kant announces and lives, is located in European history, in the mutation of Modernity whose passion for the Universal remains deeply anchored in the concrete body of 18th-century Europe divided between Feudalism and Liberalism, but always inclined towards physical and spiritual possession of the world, aimed at the expansion of its Faith and its Empire, identifying the apex of the supposedly progressive history of humanity with its Logos and its civilizing Ethos. Therefore, Kant’s German-Christian Eurocentrism is a constitutive position that challenges the self-critical power of all Critical Reason. Moreover, if Kant rejects and disapproves of colonial violence as a war of aggression that destroys the conditions of perpetual peace, offending Cosmopolitan Justice, he remains nevertheless permeable to Eurocentric stereotypes that represent the character of black otherness and its cultural creations, oscillating between a hierarchical and an egalitarian view of humanity’s ethnic-racial differences.

The article analyzes the concept of corruption, which is contained in the legislation of Ukraine, substantiates the inexpediency of considering this concept in the narrow sense, that is in the exclusively criminal law, and suggests ways to improve it. It is noted that the proposed methods should be based on international experience. It is analyzed what forms of illegal acts are included in the concept of corruption and it is proposed to expand this list by including such forms as "request to provide", "possession", "misuse" or "acquisition". It is indicated at what stages the control over observance of ethical requirements of behavior in the sphere of public administration of Ukraine should be carried out. The connection between the level of ethics of public officer and the level of corruption is substantiated. The article also analyzes the international law on corruption and the ethics of public officers. In particular, attention is paid to the Recommendations of the Council of Europe. It is noted which international anti-corruption instruments have been ratified by Ukraine. The article also deals with the activities of Ukraine in the Organization for Economic and Social Development. Attention is paid to the experience of other countries in anti-corruption, special attention is paid to the regulation of public officers’ ethics in these countries. The experience in anti-corruption in the least corrupt countries of the world, Denmark, New Zealand, and Finland, is described. The process of introducing programs to improve the level of ethics in the system of executive power in the United States is analyzed. The US legislation in this area is described. It is emphasized that in this country there are special procedures for resolving cases of ethical violations in the civil service and mechanisms for enforcement of rules governing ethical conduct, in particular through the activities of authorized bodies. The need to expand the scope of corruption to non-state institutions is substantiated.

In the last few years, there has been a strong increase in the interest in and usage of so-called “Personal e-Transporters” (PeTs), also referred to as micro-mobility devices. Empirical research on the usage of PeTs as a transport mode is virtually non-existent, especially within Europe. This paper aims to fill this gap by investigating people’s motivations and barriers to the use of PeTs. To this end, a behavioural survey was conducted in nine European cities. A representative sample of approximately 250 respondents per city was collected, resulting in a dataset, after data cleaning, of 2159 observations. Generally, respondents’ perceptions of PeTs are not (yet) very favourable. Respondents’ perceptions related to cost and safety received the lowest scores. The results from the transtheoretical model of behavioural change show that a variety of factors influence the stage of behavioural change in which the respondents can be situated. These factors include cycling norms, current walking behaviour, walking attitudes, pro-environmental orientation, gender, PeTs possession, cycling obstacles and subscription to a bicycle sharing service. An important strength of this study lies in the international nature and the size of the data collection, ensuring the reliability and transferability of the results to other cities. To the best of our knowledge, it is the first large-scale survey to investigate people’s travel behaviour related to the usage of PeTs and possibly the only large-scale investigation that took place before the deployment of shared e-scooters in many European cities. Furthermore, an explicit link is made with other modes of active transport (walking and cycling).

This paper presents the results of a study conducted to examine pre-COVID-19 travel patterns, mode choice, and perceptions and attitudes specifically in relation to micromobility devices, namely e-scooters, in Dublin, Ireland. Given the novelty of this mode of transport and the notable current absence of e-scooter companies operating in Ireland (due to the legal status of such devices in Ireland at the time of writing), user data on electric scooters are lacking in the context of Ireland, which presents challenges for government and local authorities to develop appropriate regulations to legislate for their use. In this study, a survey was created that targeted individuals that live and work in the county of Dublin. The survey was used to examine the sociodemographic and travel characteristics influencing mode choice in Dublin; to generate an understanding of the existing and potential future demand for electric scooters; and to determine the perception of e-scooters amongst Dubliners. The main findings generated from the analysis of the survey results were the following: time followed by convenience were two of the main factors that influence mode choice, females were found to be willing to pay more than males for a shared e-scooter service, respondents with a daily trip cost of €1–5 were found to be willing to pay €4 or more for a shared e-scooter service, and 31% of respondents with a travel cost of €1 or less would be prepared to pay €2–3 for the scheme. These findings suggest that people would be willing to increase their daily travel costs in order to use the shared e-scooter service. Younger individuals on high incomes that were not in possession of a private car or a driver licence were found to be more likely to choose an e-scooter, and shorter trips (shorter distance and time) were associated with e-scooter mode choice. The results also determined that while the people in this sample of those living and working in Dublin recognise the benefits that e-scooters present to users and generally hold positive attitudes towards them, they are also wary of how they will be legislated for from a regulatory point of view in relation to speed limits, age limits, and legal riding zones to reduce the incidences of dangerous riding and collisions on roads and footpaths.

The article is devoted to highlighting the sources of codification and analysis of the content of the Charter of Budva – a town located on the shores of the Adriatic Sea. It is emphasized that this Statute was created under the noticeable influence of Venetian law. That is why its content is quite similar to the charters of other Montenegrin towns that were part of the Stato da Mar – one of the possessions of the Venetian Republic, primarily located near the town of Kotor. Certain similarities of the Budva Charter can also be found by comparing it with the charters of cities subordinate to the medieval Genoese Republic, in particular those located on the territory of modern Ukraine. It is shown that the text of the Charter, as it has reached our time, was written during the reign of the Serbian king Stefan Uroš IV Dušan in the 14th century. Just like other charters of medieval cities on the southern coast of the Adriatic, the oldest version of the Charter of Budva was written in medieval Latin. This original has not survived to our time, but it was used during the translation into Italian in the 15th century, after Budva came under the rule of Venice (since 1442). Several transcripts have been made from this Italian translation. Six of them have survived to our time. It was noted that the Statute of Budva was a complex codification act, which was the result of long-term work and was a collection of norms of state, administrative, civil, criminal and procedural law. Its appearance was preceded by long work on the systematization and generalization of the norms of customary law, the norms of statutes issued by city authorities and state authorities, which included urban lands in one or another period, in particular, the norms of Venetian law, the norms of canon law, and taking into account judicial practice. It is noticeable that during the codification of the Charter of Budva, legal customs were widely used, as well as previous legal norms originating from the bodies of city administration (self-government). Source-based criticism of the Statute provides an opportunity to conclude that over time the law of Budva becomes noticeably more complicated and acquires more and more distinct specific features inherent in the local legal system.

AbstractThis article presents an overview of how those East European countries that are members of the Council of Europe have approached the problems of restitution as a means of reparation for past injustices. In doing so, attention will be paid to: the entitled persons and the extent of restitution; the underlying motivations vis-à-vis the form of reparation (restitution in kind or compensation), and attitudes towards minority groups and foreigners as part of the restitution process. Emphasis will also be given to the role played by international instruments (the ECHR and its future Protocol 12, the International Covenant on Civil and Political Rights, various UN resolutions, etc), as well as by judicial institutions (the European Court of Human Rights, the UN Human Rights Committee) in the evolution of the restitution process in Eastern Europe in general, and regarding such issues as equality between foreigners and nationals as well as minority and religious groups and the elaboration of an international standard of restitution as reparation for abuses of human rights in particular. The bodies of the ECHR have managed to avoid problems related to restitution and reparations for past injustices by arguing that the right of restitution is not guaranteed by art.1 of Protocol 1 to the the ECHR. But the entry into force of a new Protocol 12 to the Convention will likely result in changes being made in this thought process, at least as regards the position of foreigners. If measures denying restitution, owing to the claimant's nationality, were taken after ratifi cation of Protocol 12, the way should be opened in the future to foreigners (in addition to procedures before the UN Human Rights Committee) to more effectively defend their rights relative to such restorative measures: notably, the possibility of seizing the Strasbourg Court with claims relating to justifi cation for "unequal treatment". The right to remedy the injustices committed to the victims of violations of human rights and international humanitarian law has appeared with increasing frequency on the agenda of the UN Commission on Human Rights. Furthermore, in its recent case law, the UN Human Rights Committee has evidenced a concern over several questions relating to the respect of possessions; it has already opted for the proposition that any discrimination on the basis of nationality in restitution legislation can be deemed to be a violation of the International Covenant on Civil and Political Rights. Lastly, after ratifi cation of Protocol 12, we can expect a link to be forged between the vision of the UN Commission on Human Rights and that of the European Court of Human Rights that may—in the future—lead to the elaboration of a common international mechanism regulating restitution as a means for the reparation of abuses of human rights.

Abstract In 1992 Thomas Franck proclaimed an emerging right to democratic governance in international law. With reference to developments in the Organization of American States (OAS) and the Commission on Security and Cooperation in Europe, he identified free and fair elections as the core benchmark of this right, possessing significant legitimacy in terms of its pedigree, determinacy, coherence and adherence. The current contribution examines Franck’s understanding of the right to democratic governance within the African context, notably in relation to those institutional developments that have occurred since the adoption of the Constitutive Act of the African Union (AU) in 2000. Specifically, the article assesses the benchmarks of the notion of ‘unconstitutional changes of government’ in Article 4(p) of the AU Constitutive Act and their inter-linkage with free and fair elections. In so doing, it critically questions the response of the AU to unconstitutional changes of government and its implications for the normative maturity of the benchmark in question. It places the analysis in a broader context by drawing some parallels with the current back-sliding in democratic governance that is occurring also within the Council of Europe (CoE) and the European Union.

Copyright is a protection in a form of an exclusive right which is attached with the creator, including moral rights which are possessed by the creator for the embodiment for their personality in the creation. The referred moral rights are recognized in the international treaties, specifically in Berne Convention and TRIPS Agreement, which put forward the moral rights as a copyright protection. The protection of moral rights evolved from the Continental Europe countries, which recognizes author’s rights. The principle of moral rights could be analyzed with Hegel’s theory from the writing in his book entitled “Philosophy of Rights”, postulating the principle of how a person could claim his right of property possessions. In accordance with Hegel’s theory, this research will be focused on the scope of copyright as an exclusive right, which will also analyze the copyright law of Indonesia regulated in Law Number 28/2014. The copyright protection regarding moral rights in Law Number 28/2014 principally regulates the right given to the creator to signify their identities in their creation or to claim for their creation which adheres with their personalities. Moral rights are also given to performers in the form of related rights, as a right for the performers to claim the performance of the creation.

Las disensiones vividas en Europa en el año 1911 a causa, aunque no sólo, del expansionismo colonial de varios de sus países en el norte de África estuvieron a punto de desencadenar, como es sabido, un conflicto bélico internacional. Es cierto que a finales de ese año y en 1912 distintos acuerdos en que participaron Francia, Alemania, España, el Reino Unido e Italia moderaron por un breve tiempo y de manera superficial su prepotencia y ansia de ampliación de dominios en el continente del sur.La tensión política entre Francia y España en 1911 por la cuestión africana ha atraído en España, si bien con no gran detalle, el interés de numerosos historiadores, pero no, que sepamos, el enfrentamiento entre la prensa de ambas naciones. Éste alcanzó una gran virulencia en muchos periódicos de los dos lados de los Pirineos (fuente principal de nuestra investigación). Recordar los hechos y, en especial, examinar su repercusión en los medios escritos es el principal objetivo del presente trabajo.Palabras claveColonialismo europeo; Marruecos en 1911; Tensión entre Francia y España; La prensa de ambos países. The disagreements that happened in Europe during 1911 because of the Colonial Expansion of several of their countries to North Africa, were about to unchain, as it is actually known, an international war conflict. It is true that, at the end of that year and for 1912, different agreements in which France, Spain, UK and Italy took part, reduced for a short period of time and in a superficial manner, their arrogance and anxiety for spreading their possessions along the continent of the south.The political tension between France and Spain during 1911 has attracted some historians but not, as far as we know, the confrontation between the media of both nations. It reached a great level of bitterness in many newspapers from both sides of the Pyrenees (main source of our investigation). Providing a comprehensive account of the facts and moreover investigating their impact in printed press is the main goal of this project.

In most of Europe, expropriation must comply with the standards set under European human rights law. Article 1 of the First Protocol (‘P1-1’) to the European Convention on Human Rights declares that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions.’ The European Court of Human Rights has stated that the right would be ‘largely illusory and ineffective’ if it did not guarantee full compensation in all but exceptional circumstances.1It is quite clear, however, that this was not the belief of at least some of the States that had signed it when it came into force in 1954. P1-1 makes no reference to compensation. An interference must be lawful, and in the public or general interest, but there is nothing that expressly requires compensation. Nevertheless, the Court has declared that any interference with the right to the peaceful enjoyment of possessions must strike a ‘‘fair balance’ between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights’,2and this means that expropriation without compensation that is reasonably related to the value of the property would normally violate the owner's rights under P1-1.3

The European Convention on Human Rights is one of the manifestations of the Council of Europe, an organisation of European states founded in 1949 with the aim of strengthening the common democratic heritage. It is an international treaty which binds the contracting States to respect the list of human rights and freedoms it proclaims. An enforcement mechanism exists in the form of the European Court of Human Rights (in this paper called ‘the Strasbourg court’).In brief, these rights and freedoms are the right to life (art. 2); freedom from torture or inhuman and degrading treatment or punishment (art. 3); freedom from slavery or forced labour (art. 4); the right to liberty (art. 5); the right to a fair trial (art. 6); freedom from retrospective criminal laws (art. 7); the right to respect for private and family life, home and correspondence (art. 8); freedom of thought, conscience and religion (art. 9); freedom of expression (art. 10); freedom of peaceful assembly (art. 11); and the right to marry and found a family (art. 12). Over the years, this initial list of rights has been expanded by a series of additional Protocols — not all of which have been ratified by all the Member States. The First Protocol, which Britain has ratified, guarantees the right to peaceful enjoyment of possessions, education, and free elections.

Precipitation extrema over the Barents Sea and the neighbouring locations in Europe were analysed using data obtained from station observations and a highly detailed ERA5 re-analysis dataset. These data did not always spatially coincide (on average, coincidence was ~50%). Daily amounts of precipitation were typically higher in the observation data, although there may be a reverse picture. The analysis revealed that at several stations and in many of the ERA5 grids, the set of precipitation extremes exists as a mixture of two different subsets. The cumulative distribution functions (CDF) of the largest population in the context of both the re-analysis and observational data are well described by Pareto’s law. However, very rare cases exist in which the values deviate and exceed this base distribution value in regions possessing large values. These super-large anomalies do not obey the statistical law common to all other extremes. However, this does not mean that the extremes can be arbitrarily large. They do not exceed the marginal values that are typical for this type of climate and season. The analysis confirms that extreme precipitation in the western sector of the Arctic is caused by the penetration of moist air masses from the Atlantic in the circulation systems of intense cyclones. At certain times, mesoscale convective systems are embedded in atmospheric fronts and can significantly contribute to the formation of precipitation. Intensification of such cyclones corresponding to global warming should lead to a transformation of typical CDF, as modern outliers will become regular components of the Pareto law. This change in the statistics of extreme events reflects the nonstationarity of the climate state. The influence of polar lows on the formation of large daily precipitation amounts is not felt.

Technologies that induce infertility in wildlife are advancing rapidly. This is due largely to our increasing understanding of reproductive physiology, as well as the demand for management techniques that reduce fertility rather than increase mortality. However, transferring wildlife fertility control from the laboratory into landscape-scale utility for free-ranging animal populations will be highly dependent on products possessing oral activity and cost-effectiveness. A significant challenge to the delivery process is providing the international regulators in each jurisdiction with the most relevant data packages they need to assess new products. An essential part of any product registration for free-ranging animals will be the development of species-tailored delivery systems, especially so for non-specific antifertility actives. This review examines the current range of orally deliverable antifertility options, broadly classifies them according to overall risk compared with alternative vertebrate pesticides, outlines a species-tailoring process that reduces identified risks, and encompasses the data requirements for their registration for sale in Australasia, the USA and Europe.

Henry:Then you perceive the body of our kingdom, How foul it is;What rank diseases grow, and with what danger, near the heart of it.Warwick:It is but body, yet distempered, Which to his formerStrength may be restored with good advise and little medicine.[Shakespeare,Henry IV]Shakespeare's words remind us that in the learned traditions of Renaissance Europe, good advice remained more important than potent medicines for restoring both physical and political states to their previous strengths. As the lord advised the king, so a physician advised his patient, or lawyer his client, or minister his flock: preventing troubles was worth far more than cure, and the best remedy even when matters went wrong was good advice on how to return to a state of harmony. Still, plenty of quacks in politics and medicine, law and church, advocated strong measures, not helping people to live in accordance with their world but attempting to alter the conditions under which they lived. Bad advice and powerful remedies seemed to be everywhere, trampling good council and temperate behavior. The connections between learning and authority that lay behind claims to authority in general are especially well illuminated by the ways in which the physicians argued for possessing, maintaining, and extending their professional privileges.Among all the number and variety of medical practitioners in early modern England, one small group self-consciously considered itself to be professional: the physicians. As one of the three learned professions surviving from the Middle Ages, the “medical profession” has been a crucial test case for various definitions of what a profession is or was.

What song the Syrens sang, or what name Achilles assumed when he hid himself among the women, although puzzling questions are not beyond all conjecture.What is so fundamental in terms of the protection of human rights in Europe that it requires the same standards for all countries and what, by contrast, would be better dealt with by each State's organs in line with verbigratia Michael Walzer's-related notion of “thick morality”?. Where should the line be drawn between unity and diversity notwithstanding the resulting risk of human rights cultural relativism associated to the latter?. On what grounds could the axiomatic universality of human rights possibly be connoted in a continent which prides itself on possessing the most developed regional system for the protection of human rights world-wide in view of the resulting risk of legal contagion to other systems for the protection of human rights and, even, to general international law that such a practice can trigger?. At the end of the day, these are the sort of questions that the study of the margin-of- appreciation doctrine raises. The Trojan Horse-like character of the Strasbourg's judge-made margin-of-appreciation doctrine within the European human rights protection system has long since bothered human rights lawyers. Cases of reliance on this review doctrine have been generally criticised as denials of justice for individuals, abdications by the Court of its duty of adjudication in difficult or sensitive issues or as a judicial diluting technique of the strict conditions laid down in the European Convention of Human Rights. This line of criticism, aimed at what from the viewpoint of some occupants of the bench is seen as “a well established and legitimate part of the convention's jurisprudence”, has been reinforced by the entry of 21 new Eastern and Central European contracting parties to the Council of Europe following the 1989-1991 events. With a current membership of 46 States, all of which have ratified the 1950 Rome Convention, it is further feared that the doctrine will increasingly become an open door for abusive limitations in the exercise of human rights in states who traditionally leaned towards human rights cultural relativism. Against this background, I will briefly look into the technical criteria used by Strasbourg's judicial interpreters to factually implement this “much maligned notion” or, as one commentator has put it, this “manière pseudo-technique d'évoquer le pouvoir discrétionnaire que les organes de Strasbourg ont estimé reconnu aux Etats par la Convention dans certains cas”. I will, secondly, provide a basic overview of the general doctrinal positions one can adopt regarding this long debated question.

It has become an overused, indeed dated, cliché to claim that the European Union (EU) is at a crossroads. Today it is more common, and perhaps also more accurate, to argue that the EU faces an existential crisis. This is not just an academic opinion, but the language that is increasingly present in the EU’s political, policy and strategic documents. The changing, indeed deteriorating, domestic, regional and global security environment, which has openly put the very existence of the EU at risk, has consequently increased demands for a genuine and robust EU common security and defence policy (CSDP). The latter is not a recent invention. It has a long history, with many ups and downs, not unlike the process of European integration, in which concerns about national sovereignty and related national comprehensive, if too often parochial, priorities have been struggling to match normative ambitions, and solemn declarations that have been developed in response to the actual growing security concerns. How have the EU and its Member States coped with the Scylla of national sovereigntist defence priorities and the Charybdis of the objective needs of supranational cooperation in the dire straits of the CSDP? What are the current most acute security challenges? What can or should be done to improve the CSDP and are there grounds for pessimism or optimism with a view to its future development? These are the questions that this special issue of Contemporary Military Challenges, dedicated to the CSDP, explores across five articles written by legal, international, social and security science academics, as well as security and defence experts. The picture these articles have painted is a mixed one. Modest optimism in terms of the progress of the CSDP mechanisms is combined with chagrin related to missed opportunities, too often due to the culture of non-compliance, and concerns related to the changes taking place in the overall global model of governance. The latter are particularly addressed in the article penned by Senčar. He persuasively demonstrates how, in the course of the last 20 years, the European post-Cold War consensus and mindset, embedded in the Kantian ideals of liberal democracy, rule of law, protection of human rights and solidarity in and between the states has gradually, but almost without notice, given way to a Hobbesian, strategic and competitive world order, primed by national sovereigntist interests. However, due to technological progress, the collapse of the post-Cold War consensus and the resulting change in paradigm possesses new, as yet still unexplored security threats, which will affect nothing as much as our minds. As Senčar powerfully demonstrates, contemporary and, in particular, future warfare will be directed against our heads, featuring a paramount cognitive dimension. It is for this reason that the EU and its Member States must invest in the cognitive aspects of the CSDP, in particular with an eye on the leading revisionist power, Russia. However, to do so the EU must be in possession of the necessary and appropriate competencies, backed by a sufficient national political will. The remaining four articles are thus dedicated to the examination of this issue. The article by Katarina Vatovec comes across as the most optimistic. She traces the process of the ‘communitarization’ of the EU’s defence policies and identifies the required socio-political grounds for strengthening this process in the future. In her view, communitarization, which has traditionally stood for bringing a particular policy field from an intergovernmental to a supranational pillar, subject to an ordinary legislative procedure based on qualified majority voting, can be gradually introduced through the presence of a sufficient political will resulting from actual experience, successfully implemented policy initiatives, and growing awareness of the increasing security threats. While according to this author the future of the European Defence Union remains in the hands of the Member States and intergovernmental cooperation, following the important breakthrough with the Treaty of Lisbon, a number of institutional, legal, policy, soft-law and financial measures have intensified the functioning of EU defence policy and, simultaneously, driven it in the direction of further communitarization. The article by Dick Zandee partakes of a similar normative premise. He believes that the CSDP is faced with the dilemma of making a breakthrough or simply continuing to muddle through. For him the answer is unequivocal. What is needed is a breakthrough, which would contribute to closing the gap between rhetorical commitments and action. A concrete opportunity for that is presented by the Strategic Compass. This is envisaged as a concrete, ambitious and actionable tool that should provide tangible direction for the EU’s role in security and defence over the next five or ten years. To meet this goal, according to Zandee, nothing is required more than realism. The article thus concludes by laying down eight concrete and realistic actions by which the EU could break out of its current status quo in the CSDP and turn itself into a truly global power before it is too late. Aleksandra Koziol’s contribution, quite fittingly, complements Zandee’s contribution by putting some empirical flesh on the normative agenda. She describes the EU’s current security and defence engagement in Europe and abroad, the major challenges that it poses, and the actual capacity of the EU to address them. This remains relatively weak and sometimes questionable for a variety of political, organizational, financial and sometimes also ad hoc reasons. The latter are currently the most explicit in form of the Covid-9 pandemic, which has importantly hampered, as the author demonstrates, the European Commission’s ambition of assuming the role of a geopolitical commission. In the author’s opinion it is decisive for the future development of the CSDP that the EU simultaneously builds on the civilian and the military side of the CSDP and develops its capacities for early warnings, early actions and a rapid response. Finally, the article by Jelena Juvan, after describing the historical evolution of the CSDP in the context of European integration, looks into the future of CDSP, paying special attention to the role of small Member States, such as Slovenia, in it. The author notes that size matters, and that the development of supranational security and defence structures could especially work to the advantage of the small Member States. Their capacity to shape the development of the CSDP is, however, limited, unless they invest in specialization and cooperation, and also prudently seize the opportunity when presiding over the Council of the EU in their mediating and to an extent also agenda-setting role. While time will tell how Slovenia is going to use its opportunity as the head of the Council of the EU, the article insists that, especially for small Member States with limited human and financial resources, setting the CSDP priorities matter most. When these are set and the agreements entered into, they must also be delivered upon. In the opposite case a culture of non-compliance prevails, which effectively leaves the CSDP as only a half-built house. In conclusion, the five reviewed articles contained in this volume yet again confirm Kintis’ impression that the field of the CSDP, more than any other EU policy field, is torn between ambition and paralysis. This results, in particular, from the discrepancy between the ever-changing security and defence challenges brought about by an increasingly dynamic global environment, and the actual EU capacity to address them that is, in turn, dependent on the national political will. The articles contained in this volume express their concerns with the slow progress of the CSDP, but they also try to overcome it by putting forward some new proposals or, at least, by raising the right questions. Eventually, however, the CSDP can only make a real, qualitative and required step forward when a consensus on the legal and political nature of the EU is formed. As long as the latter stays in its current, sui-generis, hybrid form, the CSDP will remain stuck between ‘ambition and paralyzis’. The operationalization of the CSDP and its actual functional character thus first requires the addressing of the constitutional question of the nature, object and purpose of the European Union itself.

Social innovations are activities aiming at implementation of social objectives, including mainly the improvement of life of individuals and social groups, together with public policy and management objectives. The essay indicates and discusses the most important contemporary problems, solving of which requires social innovations. Social innovations precondition the progress of civilisation. The world needs not only new technologies, but also new solutions of social and institutional nature that would be conducive to achieving social goals. Social innovations are experimental social actions of organisational and institutional nature that aim at improving the quality of life of individuals, communities, nations, companies, circles, or social groups. Their experimental nature stems from the fact of introducing unique and one-time solutions on a large scale, the end results of which are often difficult to be fully predicted. For example, it was difficult to believe that opening new labour markets for foreigners in the countries of the European Union, which can be treated as a social innovation aiming at development of the international labour market, will result in the rapid development of the low-cost airlines, the offer of which will be available to a larger group of recipients. In other words, social innovations differ from economic innovations, as they are not about implementation of new types of production or gaining new markets, but about satisfying new needs, which are not provided by the market. Therefore, the most important distinction consists in that social innovations are concerned with improving the well-being of individuals and communities by additional employment, or increased consumption, as well as participation in solving the problems of individuals and social groups [CSTP, 2011]. In general, social innovations are activities aiming at implementation of social objectives, including mainly the improvement of life of individuals and social groups together with the objectives of public policy and management [Kowalczyk, Sobiecki, 2017]. Their implementation requires global, national, and individual actions. This requires joint operations, both at the scale of the entire globe, as well as in particular interest groups. Why are social innovations a key point for the progress of civilisation? This is the effect of the clear domination of economic aspects and discrimination of social aspects of this progress. Until the 19th century, the economy was a part of a social structure. As described by K. Polanyi, it was submerged in social relations [Polanyi, 2010, p. 56]. In traditional societies, the economic system was in fact derived from the organisation of the society itself. The economy, consisting of small and dispersed craft businesses, was a part of the social, family, and neighbourhood structure. In the 20th century the situation reversed – the economy started to be the force shaping social structures, positions of individual groups, areas of wealth and poverty. The economy and the market mechanism have become independent from the world of politics and society. Today, the corporations control our lives. They decide what we eat, what we watch, what we wear, where we work and what we do [Bakan, 2006, p. 13]. The corporations started this spectacular “march to rule the world” in the late 19th century. After about a hundred years, at the end of the 20th century, the state under the pressure of corporations and globalisation, started a gradual, but systematic withdrawal from the economy, market and many other functions traditionally belonging to it. As a result, at the end of the last century, a corporation has become a dominant institution in the world. A characteristic feature of this condition is that it gives a complete priority to the interests of corporations. They make decisions of often adverse consequences for the entire social groups, regions, or local communities. They lead to social tensions, political breakdowns, and most often to repeated market turbulences. Thus, a substantial minority (corporations) obtain inconceivable benefits at the expense of the vast majority, that is broad professional and social groups. The lack of relative balance between the economy and society is a barrier to the progress of civilisation. A growing global concern is the problem of migration. The present crisis, left unresolved, in the long term will return multiplied. Today, there are about 500 million people living in Europe, 1.5 billion in Africa and the Middle East, but in 2100, the population of Europe will be about 400 million and of the Middle East and Africa approximately 4.5 billion. Solving this problem, mainly through social and political innovations, can take place only by a joint operation of highly developed and developing countries. Is it an easy task? It’s very difficult. Unfortunately, today, the world is going in the opposite direction. Instead of pursuing the community, empathic thinking, it aims towards nationalism and chauvinism. An example might be a part of the inaugural address of President Donald Trump, who said that the right of all nations is to put their own interests first. Of course, the United States of America will think about their own interests. As we go in the opposite direction, those who deal with global issues say – nothing will change, unless there is some great crisis, a major disaster that would cause that the great of this world will come to senses. J.E. Stiglitz [2004], contrary to the current thinking and practice, believes that a different and better world is possible. Globalisation contains the potential of countless benefits from which people both in developing and highly developed countries can benefit. But the practice so far proves that still it is not grown up enough to use its potential in a fair manner. What is needed are new solutions, most of all social and political innovations (political, because they involve a violation of the previous arrangement of interests). Failure to search for breakthrough innovations of social and political nature that would meet the modern challenges, can lead the world to a disaster. Social innovation, and not economic, because the contemporary civilisation problems have their roots in this dimension. A global problem, solution of which requires innovations of social and political nature, is the disruption of the balance between work and capital. In 2010, 400 richest people had assets such as the half of the poorer population of the world. In 2016, such part was in the possession of only 8 people. This shows the dramatic collapse of the balance between work and capital. The world cannot develop creating the technological progress while increasing unjustified inequalities, which inevitably lead to an outbreak of civil disturbances. This outbreak can have various organisation forms. In the days of the Internet and social media, it is easier to communicate with people. Therefore, paradoxically, some modern technologies create the conditions facilitating social protests. There is one more important and dangerous effect of implementing technological innovations without simultaneous creation and implementation of social innovations limiting the sky-rocketing increase of economic (followed by social) diversification. Sooner or later, technological progress will become so widespread that, due to the relatively low prices, it will make it possible for the weapons of mass destruction, especially biological and chemical weapons, to reach small terrorist groups. Then, a total, individualized war of global reach can develop. The individualisation of war will follow, as described by the famous German sociologist Ulrich Beck. To avoid this, it is worth looking at the achievements of the Polish scientist Michał Kalecki, who 75 years ago argued that capitalism alone is not able to develop. It is because it aggressively seeks profit growth, but cannot turn profit into some profitable investments. Therefore, when uncertainty grows, capitalism cannot develop itself, and it must be accompanied by external factors, named by Kalecki – external development factors. These factors include state expenses, finances and, in accordance with the nomenclature of Kalecki – epochal innovations. And what are the current possibilities of activation of the external factors? In short – modest. The countries are indebted, and the basis for the development in the last 20 years were loans, which contributed to the growth of debt of economic entities. What, then, should we do? It is necessary to look for cheaper solutions, but such that are effective, that is breakthrough innovations. These undoubtedly include social and political innovations. Contemporary social innovation is not about investing big money and expensive resources in production, e.g. of a very expensive vaccine, which would be available for a small group of recipients. Today’s social innovation should stimulate the use of lower amounts of resources to produce more products available to larger groups of recipients. The progress of civilisation happens only as a result of a sustainable development in economic, social, and now also ecological terms. Economic (business) innovations, which help accelerate the growth rate of production and services, contribute to economic development. Profits of corporations increase and, at the same time, the economic objectives of the corporations are realised. But are the objectives of the society as a whole and its members individually realised equally, in parallel? In the chain of social reproduction there are four repeated phases: production – distribution – exchange – consumption. The key point from the social point of view is the phase of distribution. But what are the rules of distribution, how much and who gets from this “cake” produced in the social process of production? In the today’s increasingly global economy, the most important mechanism of distribution is the market mechanism. However, in the long run, this mechanism leads to growing income and welfare disparities of various social groups. Although, the income and welfare diversity in itself is nothing wrong, as it is the result of the diversification of effectiveness of factors of production, including work, the growing disparities to a large extent cannot be justified. Economic situation of the society members increasingly depends not on the contribution of work, but on the size of the capital invested, and the market position of the economic entity, and on the “governing power of capital” on the market. It should also be noted that this diversification is also related to speculative activities. Disparities between the implemented economic and social innovations can lead to the collapse of the progress of civilisation. Nowadays, economic crises are often justified by, indeed, social and political considerations, such as marginalisation of nation states, imbalance of power (or imbalance of fear), religious conflicts, nationalism, chauvinism, etc. It is also considered that the first global financial crisis of the 21st century originated from the wrong social policy pursued by the US Government, which led to the creation of a gigantic public debt, which consequently led to an economic breakdown. This resulted in the financial crisis, but also in deepening of the social imbalances and widening of the circles of poverty and social exclusion. It can even be stated that it was a crisis in public confidence. Therefore, the causes of crises are the conflicts between the economic dimension of the development and its social dimension. Contemporary world is filled with various innovations of economic or business nature (including technological, product, marketing, and in part – organisational). The existing solutions can be a source of economic progress, which is a component of the progress of civilisation. However, economic innovations do not complete the entire progress of civilisation moreover, the saturation, and often supersaturation with implementations and economic innovations leads to an excessive use of material factors of production. As a consequence, it results in lowering of the efficiency of their use, unnecessary extra burden to the planet, and passing of the negative effects on the society and future generations (of consumers). On the other hand, it leads to forcing the consumption of durable consumer goods, and gathering them “just in case”, and also to the low degree of their use (e.g. more cars in a household than its members results in the additional load on traffic routes, which results in an increase in the inconvenience of movement of people, thus to the reduction of the quality of life). Introduction of yet another economic innovation will not solve this problem. It can be solved only by social innovations that are in a permanent shortage. A social innovation which fosters solving the issue of excessive accumulation of tangible production goods is a developing phenomenon called sharing economy. It is based on the principle: “the use of a service provided by some welfare does not require being its owner”. This principle allows for an economic use of resources located in households, but which have been “latent” so far. In this way, increasing of the scope of services provided (transport, residential and tourist accommodation) does not require any growth of additional tangible resources of factors of production. So, it contributes to the growth of household incomes, and inhibition of loading the planet with material goods processed by man [see Poniatowska-Jaksch, Sobiecki, 2016]. Another example: we live in times, in which, contrary to the law of T. Malthus, the planet is able to feed all people, that is to guarantee their minimum required nutrients. But still, millions of people die of starvation and malnutrition, but also due to obesity. Can this problem be solved with another economic innovation? Certainly not! Economic innovations will certainly help to partially solve the problem of nutrition, at least by the new methods of storing and preservation of foods, to reduce its waste in the phase of storage and transport. However, a key condition to solve this problem is to create and implement an innovation of a social nature (in many cases also political). We will not be able to speak about the progress of civilisation in a situation, where there are people dying of starvation and malnutrition. A growing global social concern, resulting from implementation of an economic (technological) innovation will be robotisation, and more specifically – the effects arising from its dissemination on a large scale. So far, the issue has been postponed due to globalisation of the labour market, which led to cheapening of the work factor by more than ten times in the countries of Asia or South America. But it ends slowly. Labour becomes more and more expensive, which means that the robots become relatively cheap. The mechanism leading to low prices of the labour factor expires. Wages increase, and this changes the relationship of the prices of capital and labour. Capital becomes relatively cheaper and cheaper, and this leads to reducing of the demand for work, at the same time increasing the demand for capital (in the form of robots). The introduction of robots will be an effect of the phenomenon of substitution of the factors of production. A cheaper factor (in this case capital in the form of robots) will be cheaper than the same activities performed by man. According to W. Szymański [2017], such change is a dysfunction of capitalism. A great challenge, because capitalism is based on the market-driven shaping of income. The market-driven shaping of income means that the income is derived from the sale of the factors of production. Most people have income from employment. Robots change this mechanism. It is estimated that scientific progress allows to create such number of robots that will replace billion people in the world. What will happen to those “superseded”, what will replace the income from human labour? Capitalism will face an institutional challenge, and must replace the market-driven shaping of income with another, new one. The introduction of robots means microeconomic battle with the barrier of demand. To sell more, one needs to cut costs. The costs are lowered by the introduction of robots, but the use of robots reduces the demand for human labour. Lowering the demand for human labour results in the reduction of employment, and lower wages. Lower wages result in the reduction of the demand for goods and services. To increase the demand for goods and services, the companies must lower their costs, so they increase the involvement of robots, etc. A mechanism of the vicious circle appears If such a mass substitution of the factors of production is unfavourable from the point of view of stimulating the development of the economy, then something must be done to improve the adverse price relations for labour. How can the conditions of competition between a robot and a man be made equal, at least partially? Robots should be taxed. Bill Gates, among others, is a supporter of such a solution. However, this is only one of the tools that can be used. The solution of the problem requires a change in the mechanism, so a breakthrough innovation of a social and political nature. We can say that technological and product innovations force the creation of social and political innovations (maybe institutional changes). Product innovations solve some problems (e.g. they contribute to the reduction of production costs), but at the same time, give rise to others. Progress of civilisation for centuries and even millennia was primarily an intellectual progress. It was difficult to discuss economic progress at that time. Then we had to deal with the imbalance between the economic and the social element. The insufficiency of the economic factor (otherwise than it is today) was the reason for the tensions and crises. Estimates of growth indicate that the increase in industrial production from ancient times to the first industrial revolution, that is until about 1700, was 0.1-0.2 per year on average. Only the next centuries brought about systematically increasing pace of economic growth. During 1700- 1820, it was 0.5% on an annual average, and between 1820-1913 – 1.5%, and between 1913-2012 – 3.0% [Piketty, 2015, p. 97]. So, the significant pace of the economic growth is found only at the turn of the 19th and 20th century. Additionally, the growth in this period refers predominantly to Europe and North America. The countries on other continents were either stuck in colonialism, structurally similar to the medieval period, or “lived” on the history of their former glory, as, for example, China and Japan, or to a lesser extent some countries of the Middle East and South America. The growth, having then the signs of the modern growth, that is the growth based on technological progress, was attributed mainly to Europe and the United States. The progress of civilisation requires the creation of new social initiatives. Social innovations are indeed an additional capital to keep the social structure in balance. The social capital is seen as a means and purpose and as a primary source of new values for the members of the society. Social innovations also motivate every citizen to actively participate in this process. It is necessary, because traditional ways of solving social problems, even those known for a long time as unemployment, ageing of the society, or exclusion of considerable social and professional groups from the social and economic development, simply fail. “Old” problems are joined by new ones, such as the increase of social inequalities, climate change, or rapidly growing environmental pollution. New phenomena and problems require new solutions, changes to existing procedures, programmes, and often a completely different approach and instruments [Kowalczyk, Sobiecki, 2017].

Abstract This article makes a contribution to the history and theory of international law by looking at instruments, institutions, and practices of the Spanish Conquest. Instead of analysing the canonical texts of the ‘Spanish fathers’ of the law of nations, as has been done several times in the literature, it focuses on the legal forms of territorial acquisition and analyses the performative character of the ceremonies of possession that served to legalise the Conquest in the early modern political and theological order of 16th century Europe.

The article analyzes international legal acts (American Convention on Human Rights, Inter-American Model Law on Access to Public Information, Model Law on Access to Information for Africa, Convention for the Protection of Human Rights and Fundamental Freedoms, Declaration on Freedom of Expression and Information, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Recommendations of the Committee of Ministers of the Council of Europe, Model Law on Informatization, Information and Information Protection, Model Inform Codes for the CIS member states, etc.) adopted within the framework of international intergovernmental organizations (Organization of American States, African Union, Council of Europe, Commonwealth of Independent States, etc.) at the regional level regarding the right to information. It is stated that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media. Attention is paid to the issue of access to public information that is in the use, possession or control of any government agency, including the types of information to be published (organizational structure, functions, responsibilities, procurement procedures, complaint mechanisms, etc.); the article analyzes the procedure for responding to requests for access to public information by public authorities. Attention is drawn to the respect for the right to information in the aspect of use of information and communication technologies. Attention is paid to the activities of specially authorized persons, monitoring institutions, bodies for compliance with international agreements in the field of information (Office of the Special Rapporteur on Freedom of Expression, Special Rapporteur on Freedom of Expression and Access to Information, Advisory Committee, The Council of Europe Data Protection Commissioner etc.). It is indicated that these bodies and officials established at the international regional level perform a number of functions, including: general monitoring of freedom of expression and access to information standards, investigation of specific situations of systemic violations of the right to freedom of expression and denial of access to information, cooperation with national authorities and human rights institutions, consulting Member States etc. The relevant conclusions have been drawn.

AbstractThis paper traces back the sources of our present legal system and of market economy to Medieval Europe which itself benefited from Hellenistic and Roman legal culture and commercial practices. Roman provinces placed Rome in the wider Greek cultural and commercial world. If Aristotle was already transcending the narrow polis-based conceptions of his predecessors, after him Hellenistic Civilization saw the emergence of a new school of philosophy: Stoicism. The legal thought in the Latin West will hence be characterized by Cicero’s writings and its Stoic sources. The Roman legal system was similar to the later northern European customary law and the English common law; Roman law was evolutionary and customary. The rise of Western individualism, whether it dates back to St. Augustine in the fifth century, or to the two Papal Revolutions of Gregory I (establishing the nuclear family as the core of individualism) and of Gregory VII, also played a crucial role in shaping the western legal tradition. The paper describes the main forces that led to this second (Gregorian) revolution. Monasticism is one of them. Benedictine monasticism plaid a leading role in the Peace of God Movement. Hence collective oath-taking by groups in the name of peace was essential in the founding of cities and in the formation of guilds. Europe’s economic resurgence in the Eleventh Century was on the basis of the creation of the rule of law by the Peace of God movement. This movement also allowed for Europe’s agricultural economy to progress. Indeed, the European Middle Ages is one of the major periods of technological innovation in the history of the world. The Gregorian Revolution itself was supported and financed by the Commercial Revolution: Italian bankers sustained Papal reformers against the Emperors. The independence of the Italian cities and provinces reveals one of the most important consequences of the Gregorian Revolution: the polycentricism of Western Europe. This Revolution also witnessed the first large number of political pamphlets in European history; the Gregorian clergy emphasizing a compact theory of government. Soon after, the order of Cistercians was founded (1098) and underwent spectacular growth during the next two centuries. The Cistercians accepted no rents or labor services from feudal donors but would take only full possession of land to do with it as they wished.These monasteries were the most economically effective units that had ever existed in Europe, and perhaps in the world, before that time. Finally, the Magna Carta (1215) that will be so influential on modern political thought can be seen as a direct consequence of the Gregorian Revolution.

augmentvb [ɔːgˈmɛnt]1. to make or become greater in number, amount, strength, etc.; increase2. Music: to increase (a major or perfect interval) by a semitone (Collins English Dictionary 107) Almost everything associated with Robert Johnson has been subject to some form of augmentation. His talent as a musician and songwriter has been embroidered by myth-making. Johnson’s few remaining artefacts—his photographic images, his grave site, other physical records of his existence—have attained the status of reliquary. Even the integrity of his forty-two surviving recordings is now challenged by audiophiles who posit they were musically and sonically augmented by speeding up—increasing the tempo and pitch. This article documents the promulgation of myth in the life and music of Robert Johnson. His disputed photographic images are cited as archetypal contested artefacts, augmented both by false claims and genuine new discoveries—some of which suggest Johnson’s cultural magnetism is so compelling that even items only tenuously connected to his work draw significant attention. Current challenges to the musical integrity of Johnson’s original recordings, that they were “augmented” in order to raise the tempo, are presented as exemplars of our on-going fascination with his life and work. Part literature review, part investigative history, it uses the phenomenon of augmentation as a prism to shed new light on this enigmatic figure. Johnson’s obscurity during his lifetime, and for twenty-three years after his demise in 1938, offered little indication of his future status as a musical legend: “As far as the evolution of black music goes, Robert Johnson was an extremely minor figure, and very little that happened in the decades following his death would have been affected if he had never played a note” (Wald, Escaping xv). Such anonymity allowed those who first wrote about his music to embrace and propagate the myths that grew around this troubled character and his apparently “supernatural” genius. Johnson’s first press notice, from a pseudonymous John Hammond writing in The New Masses in 1937, spoke of a mysterious character from “deepest Mississippi” who “makes Leadbelly sound like an accomplished poseur” (Prial 111). The following year Hammond eulogised the singer in profoundly romantic terms: “It still knocks me over when I think of how lucky it is that a talent like his ever found its way to phonograph records […] Johnson died last week at precisely the moment when Vocalion scouts finally reached him and told him that he was booked to appear at Carnegie Hall” (19). The visceral awe experienced by subsequent generations of Johnson aficionados seems inspired by the remarkable capacity of his recordings to transcend space and time, reaching far beyond their immediate intended audience. “Johnson’s music changed the way the world looked to me,” wrote Greil Marcus, “I could listen to nothing else for months.” The music’s impact originates, at least in part, from the ambiguity of its origins: “I have the feeling, at times, that the reason Johnson has remained so elusive is that no one has been willing to take him at his word” (27-8). Three decades later Bob Dylan expressed similar sentiments over seven detailed pages of Chronicles: From the first note the vibrations from the loudspeaker made my hair stand up … it felt like a ghost had come into the room, a fearsome apparition …When he sings about icicles hanging on a tree it gives me the chills, or about milk turning blue … it made me nauseous and I wondered how he did that … It’s hard to imagine sharecroppers or plantation field hands at hop joints, relating to songs like these. You have to wonder if Johnson was playing for an audience that only he could see, one off in the future. (282-4) Such ready invocation of the supernatural bears witness to the profundity and resilience of the “lost bluesman” as a romantic trope. Barry Lee Pearson and Bill McCulloch have produced a painstaking genealogy of such a-historical misrepresentation. Early contributors include Rudi Blesch, Samuel B Charters, Frank Driggs’ liner notes for Johnson’s King of the Delta Blues Singers collection, and critic Pete Welding’s prolific 1960s output. Even comparatively recent researchers who ostensibly sought to demystify the legend couldn’t help but embellish the narrative. “It is undeniable that Johnson was fascinated with and probably obsessed by supernatural imagery,” asserted Robert Palmer (127). For Peter Guralnick his best songs articulate “the debt that must be paid for art and the Faustian bargain that Johnson sees at its core” (43). Contemporary scholarship from Pearson and McCulloch, James Banninghof, Charles Ford, and Elijah Wald has scrutinised Johnson’s life and work on a more evidential basis. This process has been likened to assembling a complicated jigsaw where half the pieces are missing: The Mississippi Delta has been practically turned upside down in the search for records of Robert Johnson. So far only marriage application signatures, two photos, a death certificate, a disputed death note, a few scattered school documents and conflicting oral histories of the man exist. Nothing more. (Graves 47) Such material is scrappy and unreliable. Johnson’s marriage licenses and his school records suggest contradictory dates of birth (Freeland 49). His death certificate mistakes his age—we now know that Johnson inadvertently founded another rock myth, the “27 Club” which includes fellow guitarists Brian Jones, Jimi Hendrix and Kurt Cobain (Wolkewitz et al., Segalstad and Hunter)—and incorrectly states he was single when he was twice widowed. A second contemporary research strand focuses on the mythmaking process itself. For Eric Rothenbuhler the appeal of Johnson’s recordings lies in his unique “for-the-record” aesthetic, that foreshadowed playing and song writing standards not widely realised until the 1960s. For Patricia Schroeder Johnson’s legend reveals far more about the story-tellers than it does the source—which over time has become “an empty center around which multiple interpretations, assorted viewpoints, and a variety of discourses swirl” (3). Some accounts of Johnson’s life seem entirely coloured by their authors’ cultural preconceptions. The most enduring myth, Johnson’s “crossroads” encounter with the Devil, is commonly redrawn according to the predilections of those telling the tale. That this story really belongs to bluesman Tommy Johnson has been known for over four decades (Evans 22), yet it was mistakenly attributed to Robert as recently as 1999 in French blues magazine Soul Bag (Pearson and McCulloch 92-3). Such errors are, thankfully, becoming less common. While the movie Crossroads (1986) brazenly appropriated Tommy’s story, the young walking bluesman in Oh, Brother, Where Art Thou? (2000) faithfully proclaims his authentic identity: “Thanks for the lift, sir. My name's Tommy. Tommy Johnson […] I had to be at that crossroads last midnight. Sell my soul to the devil.” Nevertheless the “supernatural” constituent of Johnson’s legend remains an irresistible framing device. It inspired evocative footage in Peter Meyer’s Can’t You Hear the Wind Howl? The Life and Music of Robert Johnson (1998). Even the liner notes to the definitive Sony Music Robert Johnson: The Centennial Edition celebrate and reclaim his myth: nothing about this musician is more famous than the word-of-mouth accounts of him selling his soul to the devil at a midnight crossroads in exchange for his singular mastery of blues guitar. It has become fashionable to downplay or dismiss this account nowadays, but the most likely source of the tale is Johnson himself, and the best efforts of scholars to present this artist in ordinary, human terms have done little to cut through the mystique and mystery that surround him. Repackaged versions of Johnson’s recordings became available via Amazon.co.uk and Spotify when they fell out of copyright in the United Kingdom. Predictable titles such as Contracted to the Devil, Hellbound, Me and the Devil Blues, and Up Jumped the Devil along with their distinctive “crossroads” artwork continue to demonstrate the durability of this myth [1]. Ironically, Johnson’s recordings were made during an era when one-off exhibited artworks (such as his individual performances of music) first became reproducible products. Walter Benjamin famously described the impact of this development: that which withers in the age of mechanical reproduction is the aura of the work of art […] the technique of reproduction detaches the reproduced object from the domain of tradition. By making many reproductions it substitutes a plurality of copies for a unique existence. (7) Marybeth Hamilton drew on Benjamin in her exploration of white folklorists’ efforts to document authentic pre-modern blues culture. Such individuals sought to preserve the intensity of the uncorrupted and untutored black voice before its authenticity and uniqueness could be tarnished by widespread mechanical reproduction. Two artefacts central to Johnson’s myth, his photographs and his recorded output, will now be considered in that context. In 1973 researcher Stephen LaVere located two pictures in the possession of his half–sister Carrie Thompson. The first, a cheap “dime store” self portrait taken in the equivalent of a modern photo booth, shows Johnson around a year into his life as a walking bluesman. The second, taken in the Hooks Bros. studio in Beale Street, Memphis, portrays a dapper and smiling musician on the eve of his short career as a Vocalion recording artist [2]. Neither was published for over a decade after their “discovery” due to fears of litigation from a competing researcher. A third photograph remains unpublished, still owned by Johnson’s family: The man has short nappy hair; he is slight, one foot is raised, and he is up on his toes as though stretching for height. There is a sharp crease in his pants, and a handkerchief protrudes from his breast pocket […] His eyes are deep-set, reserved, and his expression forms a half-smile, there seems to be a gentleness about him, his fingers are extraordinarily long and delicate, his head is tilted to one side. (Guralnick 67) Recently a fourth portrait appeared, seemingly out of nowhere, in Vanity Fair. Vintage guitar seller Steven Schein discovered a sepia photograph labelled “Old Snapshot Blues Guitar B. B. King???” [sic] while browsing Ebay and purchased it for $2,200. Johnson’s son positively identified the image, and a Houston Police Department forensic artist employed face recognition technology to confirm that “all the features are consistent if not identical” (DiGiacomo 2008). The provenance of this photograph remains disputed, however. Johnson’s guitar appears overly distressed for what would at the time be a new model, while his clothes reflect an inappropriate style for the period (Graves). Another contested “Johnson” image found on four seconds of silent film showed a walking bluesman playing outside a small town cinema in Ruleville, Mississippi. It inspired Bob Dylan to wax lyrical in Chronicles: “You can see that really is Robert Johnson, has to be – couldn’t be anyone else. He’s playing with huge, spiderlike hands and they magically move over the strings of his guitar” (287). However it had already been proved that this figure couldn’t be Johnson, because the background movie poster shows a film released three years after the musician’s death. The temptation to wish such items genuine is clearly a difficult one to overcome: “even things that might have been Robert Johnson now leave an afterglow” (Schroeder 154, my italics). Johnson’s recordings, so carefully preserved by Hammond and other researchers, might offer tangible and inviolate primary source material. Yet these also now face a serious challenge: they run too rapidly by a factor of up to 15 per cent (Gibbens; Wilde). Speeding up music allowed early producers to increase a song’s vibrancy and fit longer takes on to their restricted media. By slowing the recording tempo, master discs provided a “mother” print that would cause all subsequent pressings to play unnaturally quickly when reproduced. Robert Johnson worked for half a decade as a walking blues musician without restrictions on the length of his songs before recording with producer Don Law and engineer Vincent Liebler in San Antonio (1936) and Dallas (1937). Longer compositions were reworked for these sessions, re-arranging and edited out verses (Wald, Escaping). It is also conceivable that they were purposefully, or even accidentally, sped up. (The tempo consistency of machines used in early field recordings across the South has often been questioned, as many played too fast or slow (Morris).) Slowed-down versions of Johnson’s songs from contributors such as Angus Blackthorne and Ron Talley now proliferate on YouTube. The debate has fuelled detailed discussion in online blogs, where some contributors to specialist audio technology forums have attempted to decode a faintly detectable background hum using spectrum analysers. If the frequency of the alternating current that powered Law and Liebler’s machine could be established at 50 or 60 Hz it might provide evidence of possible tempo variation. A peak at 51.4 Hz, one contributor argues, suggests “the recordings are 2.8 per cent fast, about half a semitone” (Blischke). Such “augmentation” has yet to be fully explored in academic literature. Graves describes the discussion as “compelling and intriguing” in his endnotes, concluding “there are many pros and cons to the argument and, indeed, many recordings over the years have been speeded up to make them seem livelier” (124). Wald ("Robert Johnson") provides a compelling and detailed counter-thesis on his website, although he does acknowledge inconsistencies in pitch among alternate master takes of some recordings. No-one who actually saw Robert Johnson perform ever called attention to potential discrepancies between the pitch of his natural and recorded voice. David “Honeyboy” Edwards, Robert Lockwood Jr. and Johnny Shines were all interviewed repeatedly by documentarians and researchers, but none ever raised the issue. Conversely Johnson’s former girlfriend Willie Mae Powell was visibly affected by the familiarity in his voice on hearing his recording of the tune Johnson wrote for her, “Love in Vain”, in Chris Hunt’s The Search for Robert Johnson (1991). Clues might also lie in the natural tonality of Johnson’s instrument. Delta bluesmen who shared Johnson’s repertoire and played slide guitar in his style commonly used a tuning of open G (D-G-D-G-B-G). Colloquially known as “Spanish” (Gordon 2002, 38-42) it offers a natural home key of G major for slide guitar. We might therefore expect Johnson’s recordings to revolve around the tonic (G) or its dominant (D) -however almost all of his songs are a full tone higher, in the key of A or its dominant E. (The only exceptions are “They’re Red Hot” and “From Four Till Late” in C, and “Love in Vain” in G.) A pitch increase such as this might be consistent with an increase in the speed of these recordings. Although an alternative explanation might be that Johnson tuned his strings particularly tightly, which would benefit his slide playing but also make fingering notes and chords less comfortable. Yet another is that he used a capo to raise the key of his instrument and was capable of performing difficult lead parts in relatively high fret positions on the neck of an acoustic guitar. This is accepted by Scott Ainslie and Dave Whitehill in their authoritative volume of transcriptions At the Crossroads (11). The photo booth self portrait of Johnson also clearly shows a capo at the second fret—which would indeed raise open G to open A (in concert pitch). The most persuasive reasoning against speed tampering runs parallel to the argument laid out earlier in this piece, previous iterations of the Johnson myth have superimposed their own circumstances and ignored the context and reality of the protagonist’s lived experience. As Wald argues, our assumptions of what we think Johnson ought to sound like have little bearing on what he actually sounded like. It is a compelling point. When Son House, Skip James, Bukka White, and other surviving bluesmen were “rediscovered” during the 1960s urban folk revival of North America and Europe they were old men with deep and resonant voices. Johnson’s falsetto vocalisations do not, therefore, accord with the commonly accepted sound of an authentic blues artist. Yet Johnson was in his mid-twenties in 1936 and 1937; a young man heavily influenced by the success of other high pitched male blues singers of his era. people argue that what is better about the sound is that the slower, lower Johnson sounds more like Son House. Now, House was a major influence on Johnson, but by the time Johnson recorded he was not trying to sound like House—an older player who had been unsuccessful on records—but rather like Leroy Carr, Casey Bill Weldon, Kokomo Arnold, Lonnie Johnson, and Peetie Wheatstraw, who were the big blues recording stars in the mid–1930s, and whose vocal styles he imitated on most of his records. (For example, the ooh-well-well falsetto yodel he often used was imitated from Wheatstraw and Weldon.) These singers tended to have higher, smoother voices than House—exactly the sound that Johnson seems to have been going for, and that the House fans dislike. So their whole argument is based on the fact that they prefer the older Delta sound to the mainstream popular blues sound of the 1930s—or, to put it differently, that their tastes are different from Johnson’s own tastes at the moment he was recording. (Wald, "Robert Johnson") Few media can capture an audible moment entirely accurately, and the idea of engineering a faithful reproduction of an original performance is also only one element of the rationale for any recording. Commercial engineers often aim to represent the emotion of a musical moment, rather than its totality. John and Alan Lomax may have worked as documentarians, preserving sound as faithfully as possible for the benefit of future generations on behalf of the Library of Congress. Law and Liebler, however, were producing exciting and profitable commercial products for a financial gain. Paradoxically, then, whatever the “real” Robert Johnson sounded like (deeper voice, no mesmeric falsetto, not such an extraordinarily adept guitar player, never met the Devil … and so on) the mythical figure who “sold his soul at the crossroads” and shipped millions of albums after his death may, on that basis, be equally as authentic as the original. Schroeder draws on Mikhail Bakhtin to comment on such vacant yet hotly contested spaces around the Johnson myth. For Bakhtin, literary texts are ascribed new meanings by consecutive generations as they absorb and respond to them. Every age re–accentuates in its own way the works of its most immediate past. The historical life of classic works is in fact the uninterrupted process of their social and ideological re–accentuation [of] ever newer aspects of meaning; their semantic content literally continues to grow, to further create out of itself. (421) In this respect Johnson’s legend is a “classic work”, entirely removed from its historical life, a free floating form re-contextualised and reinterpreted by successive generations in order to make sense of their own cultural predilections (Schroeder 57). As Graves observes, “since Robert Johnson’s death there has seemed to be a mathematical equation of sorts at play: the less truth we have, the more myth we get” (113). The threads connecting his real and mythical identity seem so comprehensively intertwined that only the most assiduous scholars are capable of disentanglement. Johnson’s life and work seem destined to remain augmented and contested for as long as people want to play guitar, and others want to listen to them. Notes[1] Actually the dominant theme of Johnson’s songs is not “the supernatural” it is his inveterate womanising. Almost all Johnson’s lyrics employ creative metaphors to depict troubled relationships. Some even include vivid images of domestic abuse. In “Stop Breakin’ Down Blues” a woman threatens him with a gun. In “32–20 Blues” he discusses the most effective calibre of weapon to shoot his partner and “cut her half in two.” In “Me and the Devil Blues” Johnson promises “to beat my woman until I get satisfied”. However in The Lady and Mrs Johnson five-time W. C. Handy award winner Rory Block re-wrote these words to befit her own cultural agenda, inverting the original sentiment as: “I got to love my baby ‘til I get satisfied”.[2] The Gibson L-1 guitar featured in Johnson’s Hooks Bros. portrait briefly became another contested artefact when it appeared in the catalogue of a New York State memorabilia dealership in 2006 with an asking price of $6,000,000. The Australian owner had apparently purchased the instrument forty years earlier under the impression it was bona fide, although photographic comparison technology showed that it couldn’t be genuine and the item was withdrawn. “Had it been real, I would have been able to sell it several times over,” Gary Zimet from MIT Memorabilia told me in an interview for Guitarist Magazine at the time, “a unique item like that will only ever increase in value” (Stewart 2010). References Ainslie, Scott, and Dave Whitehall. Robert Johnson: At the Crossroads – The Authoritative Guitar Transcriptions. Milwaukee: Hal Leonard Publishing, 1992. Bakhtin, Mikhail M. The Dialogic Imagination. Austin: University of Texas Press, 1982. Banks, Russell. “The Devil and Robert Johnson – Robert Johnson: The Complete Recordings.” The New Republic 204.17 (1991): 27-30. Banninghof, James. “Some Ramblings on Robert Johnson’s Mind: Critical Analysis and Aesthetic in Delta Blues.” American Music 15/2 (1997): 137-158. Benjamin, Walter. The Work of Art in the Age of Mechanical Reproduction. London: Penguin, 2008. Blackthorne, Angus. “Robert Johnson Slowed Down.” YouTube.com 2011. 1 Aug. 2013 ‹http://www.youtube.com/user/ANGUSBLACKTHORN?feature=watch›. Blesh, Rudi. Shining Trumpets: A History of Jazz. New York: Knopf, 1946. Blischke, Michael. “Slowing Down Robert Johnson.” The Straight Dope 2008. 1 Aug. 2013 ‹http://boards.straightdope.com/sdmb/showthread.php?t=461601›. Block, Rory. The Lady and Mrs Johnson. Rykodisc 10872, 2006. Charters, Samuel. The Country Blues. New York: De Capo Press, 1959. Collins UK. Collins English Dictionary. Glasgow: Harper Collins Publishers, 2010. DiGiacomo, Frank. “A Disputed Robert Johnson Photo Gets the C.S.I. Treatment.” Vanity Fair 2008. 1 Aug. 2013 ‹http://www.vanityfair.com/online/daily/2008/10/a-disputed-robert-johnson-photo-gets-the-csi-treatment›. DiGiacomo, Frank. “Portrait of a Phantom: Searching for Robert Johnson.” Vanity Fair 2008. 1 Aug. 2013 ‹http://www.vanityfair.com/culture/features/2008/11/johnson200811›. Dylan, Bob. Chronicles Vol 1. London: Simon & Schuster, 2005. Evans, David. Tommy Johnson. London: November Books, 1971. Ford, Charles. “Robert Johnson’s Rhythms.” Popular Music 17.1 (1998): 71-93. Freeland, Tom. “Robert Johnson: Some Witnesses to a Short Life.” Living Blues 150 (2000): 43-49. Gibbens, John. “Steady Rollin’ Man: A Revolutionary Critique of Robert Johnson.” Touched 2004. 1 Aug. 2013 ‹http://www.touched.co.uk/press/rjnote.html›. Gioia, Ted. Delta Blues: The Life and Times of the Mississippi Masters Who Revolutionised American Music. London: W. W. Norton & Co, 2008. Gioia, Ted. "Robert Johnson: A Century, and Beyond." Robert Johnson: The Centennial Collection. Sony Music 88697859072, 2011. Gordon, Robert. Can’t Be Satisfied: The Life and Times of Muddy Waters. London: Pimlico Books, 2002. Graves, Tom. Crossroads: The Life and Afterlife of Blues Legend Robert Johnson. Spokane: Demers Books, 2008. Guralnick, Peter. Searching for Robert Johnson: The Life and Legend of the "King of the Delta Blues Singers". London: Plume, 1998. Hamilton, Marybeth. In Search of the Blues: Black Voices, White Visions. London: Jonathan Cape, 2007. Hammond, John. From Spirituals to Swing (Dedicated to Bessie Smith). New York: The New Masses, 1938. Johnson, Robert. “Hellbound.” Amazon.co.uk 2011. 1 Aug. 2013 ‹http://www.amazon.co.uk/Hellbound/dp/B0063S8Y4C/ref=sr_1_cc_2?s=aps&ie=UTF8&qid=1376605065&sr=1-2-catcorr&keywords=robert+johnson+hellbound›. ———. “Contracted to the Devil.” Amazon.co.uk 2002. 1 Aug. 2013. ‹http://www.amazon.co.uk/Contracted-The-Devil-Robert-Johnson/dp/B00006F1L4/ref=sr_1_cc_1?s=aps&ie=UTF8&qid=1376830351&sr=1-1-catcorr&keywords=Contracted+to+The+Devil›. ———. King of the Delta Blues Singers. Columbia Records CL1654, 1961. ———. “Me and the Devil Blues.” Amazon.co.uk 2003. 1 Aug. 2013 ‹http://www.amazon.co.uk/Me-Devil-Blues-Robert-Johnson/dp/B00008SH7O/ref=sr_1_16?s=music&ie=UTF8&qid=1376604807&sr=1-16&keywords=robert+johnson›. ———. “The High Price of Soul.” Amazon.co.uk 2007. 1 Aug. 2013 ‹http://www.amazon.co.uk/High-Price-Soul-Robert-Johnson/dp/B000LC582C/ref=sr_1_39?s=music&ie=UTF8&qid=1376604863&sr=1-39&keywords=robert+johnson›. ———. “Up Jumped the Devil.” Amazon.co.uk 2005. 1 Aug. 2013 ‹http://www.amazon.co.uk/Up-Jumped-Devil-Robert-Johnson/dp/B000B57SL8/ref=sr_1_2?s=music&ie=UTF8&qid=1376829917&sr=1-2&keywords=Up+Jumped+The+Devil›. Marcus, Greil. Mystery Train: Images of America in Rock ‘n’ Roll Music. London: Plume, 1997. Morris, Christopher. “Phonograph Blues: Robert Johnson Mastered at Wrong Speed?” Variety 2010. 1 Aug. 2013 ‹http://www.varietysoundcheck.com/2010/05/phonograph-blues-robert-johnson-mastered-at-wrong-speed.html›. Oh, Brother, Where Art Thou? DVD. Universal Pictures, 2000. Palmer, Robert. Deep Blues: A Musical and Cultural History from the Mississippi Delta to Chicago’s South Side to the World. London: Penguin Books, 1981. Pearson, Barry Lee, and Bill McCulloch. Robert Johnson: Lost and Found. Chicago: University of Illinois Press, 2003. Prial, Dunstan. The Producer: John Hammond and the Soul of American Music. New York: Farrar, Straus and Giroux, 2006. Rothenbuhler, Eric W. “For–the–Record Aesthetics and Robert Johnson’s Blues Style as a Product of Recorded Culture.” Popular Music 26.1 (2007): 65-81. Rothenbuhler, Eric W. “Myth and Collective Memory in the Case of Robert Johnson.” Critical Studies in Media Communication 24.3 (2007): 189-205. Schroeder, Patricia. Robert Johnson, Mythmaking and Contemporary American Culture (Music in American Life). Chicago: University of Illinois Press, 2004. Segalstad, Eric, and Josh Hunter. The 27s: The Greatest Myth of Rock and Roll. Berkeley: North Atlantic Books, 2009. Stewart, Jon. “Rock Climbing: Jon Stewart Concludes His Investigation of the Myths behind Robert Johnson.” Guitarist Magazine 327 (2010): 34. The Search for Robert Johnson. DVD. Sony Pictures, 1991. Talley, Ron. “Robert Johnson, 'Sweet Home Chicago', as It REALLY Sounded...” YouTube.com 2012. 1 Aug. 2013. ‹http://www.youtube.com/watch?v=LCHod3_yEWQ›. Wald, Elijah. Escaping the Delta: Robert Johnson and the Invention of the Blues. London: HarperCollins, 2005. ———. The Robert Johnson Speed Recording Controversy. Elijah Wald — Writer, Musician 2012. 1 Aug. 2013. ‹http://www.elijahwald.com/johnsonspeed.html›. Wilde, John . “Robert Johnson Revelation Tells Us to Put the Brakes on the Blues: We've Been Listening to the Immortal 'King of the Delta Blues' at the Wrong Speed, But Now We Can Hear Him as He Intended.” The Guardian 2010. 1 Aug. 2013 ‹http://www.theguardian.com/music/musicblog/2010/may/27/robert-johnson-blues›. Wolkewitz, M., A. Allignol, N. Graves, and A.G. Barnett. “Is 27 Really a Dangerous Age for Famous Musicians? Retrospective Cohort Study.” British Medical Journal 343 (2011): d7799. 1 Aug. 2013 ‹http://www.bmj.com/content/343/bmj.d7799›.

The concept of ‘legitimate expectation’ is one which has developed to different degrees in the domestic laws of contracting states of the Council of Europe. The European Court of Human Rights tends to use the term is two related contexts. First, the Court refers to legitimate expectation as a way of expanding the scope of ‘possessions’ within the meaning of Article 1 of Protocol 1 (P1-1) of the European Convention of Human Rights in order to bring an issue within the purview of the Court. Second, the Court uses the term to refer to a person’s expectations as to the future peaceful enjoyment of their possessions. The failure by the Court to define clearly what it means by the term ‘legitimate expectation’ and its use in two different (if related) ways has led to significant confusion in the Court’s jurisprudence as it concerns social security.

Purpose Innovation output around the world is concentrated in very few economies possessing the requisite skills, knowledge and market acumen to capitalize on emerging technologies. Within the broader European Union, Central and Eastern Europe countries persistently lag in innovation rankings compared to their Western Europe counterparts. The existence of cultural barriers to innovation has been offered as an explanation for the lag, in the sense that perceptions about innovation affect innovation performance. The purpose of this paper is to provide evidence-based analysis on whether there are divergent perceptions at the firm level between East and West. Design/methodology/approach The focus is on four countries with distinct socioeconomic profiles (Germany, Poland, Portugal and North Macedonia) for which innovation data of sufficient granularity exist. Using Probit analysis across the regressors of firm size, sector and innovativeness, a detailed picture of perceptions of innovation emerges naturally. Findings The analysis demonstrates that there is no discernible East-West cultural divide but rather a palette of shades regarding perceptions of innovation, entrenched in firm-level characteristics. Specifically, firm size colors perceptions of innovation and such perceptions in turn are moderated by whether a firm is involved or not in innovation activities. Originality/value A better understanding of innovation culture at the firm level is essential to drive policy interventions aiming to remove barriers to innovation. The results of this study provide sufficient clues for more refined interventions, both internal (“procedures”) and external (“policies”) to the firm, targeting well-defined size segments as well as addressing differently innovative and non-innovative companies.

The article is devoted to the coverage of the sources of codification and analysis of the contents of the Charter of Genoese colonies in the Black Sea in 1449. It was emphasized that the sources of codification were, first of all, the rules of the statutes issued by the state authorities of the Genoese Republic before - from the end of the XIII century, and the practice of the judicial authorities of the metropolis and colonies In addition, the «consilia» of Genoese lawyers, united in collections, some of which were later published, have had a significant impact on codification. A certain influence on the Statute of the Genoese colonies on the Black Sea was made by the then canonical right of the Catholic Church, as well as legal practices. Attention is drawn to the fact that the text of the Statute contained a number of norms that determined the legal status of individual groups of the population. Decisive was the division into «Genoese» and «non-Genoese». «Genoese» – citizens of the Genoese Republic (cives) constituted the ruling elite and occupied all senior administrative positions. At the same time, it has been stressed that these rights did not apply to hired soldiers, sailors and servants of Italian descent. Some of the Genoese people in fact acquired the rights that were endowed with only major feudal lords in Europe – their feudal possessions were only nominally dependent on the Genoese government, and even more so from the local administration. It was noted that the Charter of 1449 had sufficiently clearly defined the system of public authorities and the administration of Cuffi and other colonies, headed by Consul Cuffi, who was elected in Genoa. The leading place among the norms of law contained in the Statute was administrative rules. They regulated the most diverse spheres of life of the population of Cuffi and other Cyrillic cities and settlements. A significant part of the document is the rules governing fiscal relations. It was emphasized that through the Genoese colony there was a lively trade. Obviously, in view of the need to first regulate relations of a binding character, the Statute also included a significant number of norms regulating civil-law relations. The Statute also provides an opportunity to create an idea of ​​and some crimes and punish them, about the basic features of procedural law of the Genoese colonies in the Northern Black Sea coast.

Each community’s title deed carries the indelible blood stains of our ancestors. (Watson, "Howard’s End" 2)IntroductionAccording to the Oxford English Dictionary, the term coalition comes from the Latin coalescere or ‘coalesce’, meaning “come or bring together to form one mass or whole”. Coalesce refers to the unity affirmed as something grows: co – “together”, alesce – “to grow up”. While coalition is commonly associated with formalised alliances and political strategy in the name of self-interest and common goals, this paper will draw as well on the broader etymological understanding of coalition as “growing together” in order to discuss the Australian government’s recent changes to land rights legislation, the 2007 Emergency Intervention into the Northern Territory, and its decision to use Indigenous land in the Northern Territory as a dumping ground for nuclear waste. What unites these distinct cases is the role of the Australian nation-state in asserting its sovereign right to decide, something Giorgio Agamben notes is the primary indicator of sovereign right and power (Agamben). As Fiona McAllan has argued in relation to the Northern Territory Intervention: “Various forces that had been coalescing and captivating the moral, imaginary centre were now contributing to a spectacular enactment of a sovereign rescue mission” (par. 18). Different visions of “growing together”, and different coalitional strategies, are played out in public debate and policy formation. This paper will argue that each of these cases represents an alliance between successive, oppositional governments - and the nourishment of neoliberal imperatives - over and against the interests of some of the Indigenous communities, especially with relation to land rights. A critical stance is taken in relation to the alterations to land rights laws over the past five years and with the Northern Territory Emergency Intervention, hereinafter referred to as the Intervention, firstly by the Howard Liberal Coalition Government and later continued, in what Anthony Lambert has usefully termed a “postcoalitional” fashion, by the Rudd Labor Government. By this, Lambert refers to the manner in which dominant relations of power continue despite the apparent collapse of old political coalitions and even in the face of seemingly progressive symbolic and material change. It is not the intention of this paper to locate Indigenous people in opposition to models of economic development aligned with neoliberalism. There are examples of productive relations between Indigenous communities and mining companies, in which Indigenous people retain control over decision-making and utilise Land Council’s to negotiate effectively. Major mining company Rio Tinto, for example, initiated an Aboriginal and Torres Strait Islanders Policy platform in the mid-1990s (Rio Tinto). Moreover, there are diverse perspectives within the Indigenous community regarding social and economic reform governed by neoliberal agendas as well as government initiatives such as the Intervention, motivated by a concern for the abuse of children, as outlined in The Little Children Are Sacred Report (Wild & Anderson; hereinafter Little Children). Indeed, there is no agreement on whether or not the Intervention had anything to do with land rights. On the one hand, Noel Pearson has strongly opposed this assertion: “I've got as much objections as anybody to the ideological prejudices of the Howard Government in relation to land, but this question is not about a 'land grab'. The Anderson Wild Report tells us about the scale of Aboriginal children's neglect and abuse" (ABC). Marcia Langton has agreed with this stating that “There's a cynical view afoot that the emergency intervention was a political ploy - a Trojan Horse - to sneak through land grabs and some gratuitous black head-kicking disguised as concern for children. These conspiracy theories abound, and they are mostly ridiculous” (Langton). Patrick Dodson on the other hand, has argued that yes, of course, the children remain the highest priority, but that this “is undermined by the Government's heavy-handed authoritarian intervention and its ideological and deceptive land reform agenda” (Dodson). WhitenessOne way to frame this issue is to look at it through the lens of critical race and whiteness theory. Is it possible that the interests of whiteness are at play in the coalitions of corporate/private enterprise and political interests in the Northern Territory, in the coupling of social conservatism and economic rationalism? Using this framework allows us to identify the partial interests at play and the implications of this for discussions in Australia around sovereignty and self-determination, as well as providing a discursive framework through which to understand how these coalitional interests represent a specific understanding of progress, growth and development. Whiteness theory takes an empirically informed stance in order to critique the operation of unequal power relations and discriminatory practices imbued in racialised structures. Whiteness and critical race theory take the twin interests of racial privileging and racial discrimination and discuss their historical and on-going relevance for law, philosophy, representation, media, politics and policy. Foregrounding contemporary analysis in whiteness studies is the central role of race in the development of the Australian nation, most evident in the dispossession and destruction of Indigenous lands, cultures and lives, which occurred initially prior to Federation, as well as following. Cheryl Harris’s landmark paper “Whiteness as Property” argues, in the context of the US, that “the origins of property rights ... are rooted in racial domination” and that the “interaction between conceptions of race and property ... played a critical role in establishing and maintaining racial and economic subordination” (Harris 1716).Reiterating the logic of racial inferiority and the assumption of a lack of rationality and civility, Indigenous people were named in the Australian Constitution as “flora and fauna” – which was not overturned until a national referendum in 1967. This, coupled with the logic of terra nullius represents the racist foundational logic of Australian statehood. As is well known, terra nullius declared that the land belonged to no-one, denying Indigenous people property rights over land. Whiteness, Moreton-Robinson contends, “is constitutive of the epistemology of the West; it is an invisible regime of power that secures hegemony through discourse and has material effects in everyday life” (Whiteness 75).In addition to analysing racial power structures, critical race theory has presented studies into the link between race, whiteness and neoliberalism. Roberts and Mahtami argue that it is not just that neoliberalism has racialised effects, rather that neoliberalism and its underlying philosophy is “fundamentally raced and produces racialized bodies” (248; also see Goldberg Threat). The effect of the free market on state sovereignty has been hotly debated too. Aihwa Ong contends that neoliberalism produces particular relationships between the state and non-state corporations, as well as determining the role of individuals within the body-politic. Ong specifies:Market-driven logic induces the co-ordination of political policies with the corporate interests, so that developmental discussions favour the fragmentation of the national space into various contiguous zones, and promote the differential regulation of the populations who can be connected to or disconnected from global circuits of capital. (Ong, Neoliberalism 77)So how is whiteness relevant to a discussion of land reform, and to the changes to land rights passed along with Intervention legislation in 2007? Irene Watson cites the former Minister for Indigenous Affairs, Mal Brough, who opposed the progressive individual with what he termed the “failed collective.” Watson asserts that in the debates around land leasing and the Intervention, “Aboriginal law and traditional roles and responsibilities for caring and belonging to country are transformed into the cause for community violence” (Sovereign Spaces 34). The effects of this, I will argue, are twofold and move beyond a moral or social agenda in the strictest sense of the terms: firstly to promote, and make more accessible, the possibility of private and government coalitions in relation to Indigenous lands, and secondly, to reinforce the sovereignty of the state, recognised in the capacity to make decisions. It is here that the explicit reiteration of what Aileen Moreton-Robinson calls “white possession” is clearly evidenced (The Possessive Logic). Sovereign Interventions In the Northern Territory 50% of land is owned by Indigenous people under the Aboriginal Land Rights Act 1976 (ALRA) (NT). This law gives Indigenous people control, mediated via land councils, over their lands. It is the contention of this paper that the rights enabled through this law have been eroded in recent times in the coalescing interests of government and private enterprise via, broadly, land rights reform measures. In August 2007 the government passed a number of laws that overturned aspects of the Racial Discrimination Act 197 5(RDA), including the Northern Territory National Emergency Response Bill 2007 and the Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Bill 2007. Ostensibly these laws were a response to evidence of alarming levels of child abuse in remote Indigenous communities, which has been compiled in the special report Little Children, co-chaired by Rex Wild QC and Patricia Anderson. This report argued that urgent but culturally appropriate strategies were required in order to assist the local communities in tackling the issues. The recommendations of the report did not include military intervention, and instead prioritised the need to support and work in dialogue with local Indigenous people and organisations who were already attempting, with extremely limited resources, to challenge the problem. Specifically it stated that:The thrust of our recommendations, which are designed to advise the NT government on how it can help support communities to effectively prevent and tackle child sexual abuse, is for there to be consultation with, and ownership by the local communities, of these solutions. (Wild & Anderson 23) Instead, the Federal Coalition government, with support from the opposition Labor Party, initiated a large scale intervention, which included the deployment of the military, to install order and assist medical personnel to carry out compulsory health checks on minors. The intervention affected 73 communities with populations of over 200 Aboriginal men, women and children (Altman, Neo-Paternalism 8). The reality of high levels of domestic and sexual abuse in Indigenous communities requires urgent and diligent attention, but it is not the space of this paper to unpack the media spectacle or the politically determined response to these serious issues, or the considered and careful reports such as the one cited above. While the report specifies the need for local solutions and local control of the process and decision-making, the Federal Liberal Coalition government’s intervention, and the current Labor government’s faithfulness to these, has been centralised and external, imposed upon communities. Rebecca Stringer argues that the Trojan horse thesis indicates what is at stake in this Intervention, while also pinpointing its main weakness. That is, the counter-intuitive links its architects make between addressing child sexual abuse and re-litigating Indigenous land tenure and governance arrangements in a manner that undermines Aboriginal sovereignty and further opens Aboriginal lands to private interests among the mining, nuclear power, tourism, property development and labour brokerage industries. (par. 8)Alongside welfare quarantining for all Indigenous people, was a decision by parliament to overturn the “permit system”, a legal protocol provided by the ALRA and in place so as to enable Indigenous peoples the right to refuse and grant entry to strangers wanting to access their lands. To place this in a broader context of land rights reform, the Aboriginal Land Rights (Northern Territory) Act 2006, created the possibility of 99 year individual leases, at the expense of communal ownership. The legislation operates as a way of individualising the land arrangements in remote Indigenous communities by opening communal land up as private plots able to be bought by Aboriginal people or any other interested party. Indeed, according to Leon Terrill, land reform in Australia over the past 10 years reflects an attempt to return control of decision-making to government bureaucracy, even as governments have downplayed this aspect. Terrill argues that Township Leasing (enabled via the 2006 legislation), takes “wholesale decision-making about land use” away from Traditional Owners and instead places it in the hands of a government entity called the Executive Director of Township Leasing (3). With the passage of legislation around the Intervention, five year leases were created to enable the Commonwealth “administrative control” over the communities affected (Terrill 3). Finally, under the current changes it is unlikely that more than a small percentage of Aboriginal people will be able to access individual land leasing. Moreover, the argument has been presented that these reforms reflect a broader project aimed at replacing communal land ownership arrangements. This agenda has been justified at a rhetorical level via the demonization of communal land ownership arrangements. Helen Hughes and Jenness Warin, researchers at the rightwing think-tank, the Centre for Independent Studies (CIS), released a report entitled A New Deal for Aborigines and Torres Strait Islanders in Remote Communities, in which they argue that there is a direct casual link between communal ownership and economic underdevelopment: “Communal ownership of land, royalties and other resources is the principle cause of the lack of economic development in remote areas” (in Norberry & Gardiner-Garden 8). In 2005, then Prime Minister, John Howard, publicly introduced the government’s ambition to alter the structure of Indigenous land arrangements, couching his agenda in the language of “equal opportunity”. I believe there’s a case for reviewing the whole issue of Aboriginal land title in the sense of looking more towards private recognition …, I’m talking about giving them the same opportunities as the rest of their fellow Australians. (Watson, "Howard’s End" 1)Scholars of critical race theory have argued that the language of equality, usually tied to liberalism (though not always) masks racial inequality and even results in “camouflaged racism” (Davis 61). David Theo Goldberg notes that, “the racial status-quo - racial exclusions and privileges favouring for the most part middle - and upper class whites - is maintained by formalising equality through states of legal and administrative science” (Racial State 222). While Howard and his coalition of supporters have associated communal title with disadvantage and called for the equality to be found in individual leases (Dodson), Altman has argued that there is no logical link between forms of communal land ownership and incidences of sexual abuse, and indeed, the government’s use of sexual abuse disingenuously disguises it’s imperative to alter the land ownership arrangements: “Given the proposed changes to the ALRA are in no way associated with child sexual abuse in Aboriginal communities […] there is therefore no pressing urgency to pass the amendments.” (Altman National Emergency, 3) In the case of the Intervention, land rights reforms have affected the continued dispossession of Indigenous people in the interests of “commercial development” (Altman Neo-Paternalism 8). In light of this it can be argued that what is occurring conforms to what Aileen Moreton-Robinson has highlighted as the “possessive logic of patriarchal white sovereignty” (Possessive Logic). White sovereignty, under the banner of benevolent paternalism overturns the authority it has conceded to local Indigenous communities. This is realised via township leases, five year leases, housing leases and other measures, stripping them of the right to refuse the government and private enterprise entry into their lands (effectively the right of control and decision-making), and opening them up to, as Stringer argues, a range of commercial and government interests. Future Concerns and Concluding NotesThe etymological root of coalition is coalesce, inferring the broad ambition to “grow together”. In the issues outlined above, growing together is dominated by neoliberal interests, or what Stringer has termed “assimilatory neoliberation”. The issue extends beyond a social and economic assimilationism project and into a political and legal “land grab”, because, as Ong notes, the neoliberal agenda aligns itself with the nation-state. This coalitional arrangement of neoliberal and governmental interests reiterates “white possession” (Moreton-Robinson, The Possessive Logic). This is evidenced in the position of the current Labor government decision to uphold the nomination of Muckaty as a radioactive waste repository site in Australia (Stokes). In 2007, the Northern Land Council (NLC) nominated Muckaty Station to be the site for waste disposal. This decision cannot be read outside the context of Maralinga, in the South Australian desert, a site where experiments involving nuclear technology were conducted in the 1960s. As John Keane recounts, the Australian government permitted the British government to conduct tests, dispossessing the local Aboriginal group, the Tjarutja, and employing a single patrol officer “the job of monitoring the movements of the Aborigines and quarantining them in settlements” (Keane). Situated within this historical colonial context, in 2006, under a John Howard led Liberal Coalition, the government passed the Commonwealth Radioactive Waste Management Act (CRWMA), a law which effectively overrode the rulings of the Northern Territory government in relation decisions regarding nuclear waste disposal, as well as overriding the rights of traditional Aboriginal owners and the validity of sacred sites. The Australian Labor government has sought to alter the CRWMA in order to reinstate the importance of following due process in the nomination process of land. However, it left the proposed site of Muckaty as confirmed, and the new bill, titled National Radioactive Waste Management retains many of the same characteristics of the Howard government legislation. In 2010, 57 traditional owners from Muckaty and surrounding areas signed a petition stating their opposition to the disposal site (the case is currently in the Federal Court). At a time when nuclear power has come back onto the radar as a possible solution to the energy crisis and climate change, questions concerning the investments of government and its loyalties should be asked. As Malcolm Knox has written “the nuclear industry has become evangelical about the dangers of global warming” (Knox). While nuclear is a “cleaner” energy than coal, until better methods are designed for processing its waste, larger amounts of it will be produced, requiring lands that can hold it for the desired timeframes. For Australia, this demands attention to the politics and ethics of waste disposal. Such an issue is already being played out, before nuclear has even been signed off as a solution to climate change, with the need to find a disposal site to accommodate already existing uranium exported to Europe and destined to return as waste to Australia in 2014. The decision to go ahead with Muckaty against the wishes of the voices of local Indigenous people may open the way for the co-opting of a discourse of environmentalism by political and business groups to promote the development and expansion of nuclear power as an alternative to coal and oil for energy production; dumping waste on Indigenous lands becomes part of the solution to climate change. During the 2010 Australian election, Greens Leader Bob Brown played upon the word coalition to suggest that the Liberal National Party were in COALition with the mining industry over the proposed Mining Tax – the Liberal Coalition opposed any mining tax (Brown). Here Brown highlights the alliance of political agendas and business or corporate interests quite succinctly. Like Brown’s COALition, will government (of either major party) form a coalition with the nuclear power stakeholders?This paper has attempted to bring to light what Dodson has identified as “an alliance of established conservative forces...with more recent and strident ideological thinking associated with free market economics and notions of individual responsibility” and the implications of this alliance for land rights (Dodson). It is important to ask critical questions about the vision of “growing together” being promoted via the coalition of conservative, neoliberal, private and government interests.Acknowledgements Many thanks to the reviewers of this article for their useful suggestions. ReferencesAustralian Broadcasting Authority. “Noel Pearson Discusses the Issues Faced by Indigenous Communities.” Lateline 26 June 2007. 22 Nov. 2010 ‹http://www.abc.net.au/lateline/content/2007/s1962844.htm>. Agamben, Giorgio. Homo Sacer. Stanford, California: Stanford University Press, 1998. Altman, Jon. “The ‘National Emergency’ and Land Rights Reform: Separating Fact from Fiction.” A Briefing Paper for Oxfam Australia, 2007. 1 Aug. 2010 ‹http://www.oxfam.org.au/resources/filestore/originals/OAus-EmergencyLandRights-0807.pdf>. Altman, Jon. “The Howard Government’s Northern Territory Intervention: Are Neo-Paternalism and Indigenous Development Compatible?” Centre for Aboriginal Economic Policy Research Topical Issue 16 (2007). 1 Aug. 2010 ‹http://caepr.anu.edu.au/system/files/Publications/topical/Altman_AIATSIS.pdf>. Brown, Bob. “Senator Bob Brown National Pre-Election Press Club Address.” 2010. 18 Aug. 2010 ‹http://greens.org.au/content/senator-bob-brown-pre-election-national-press-club-address>. Davis, Angela. The Angela Davis Reader. Ed. J. James, Oxford: Blackwell, 1998. Dodson, Patrick. “An Entire Culture Is at Stake.” Opinion. The Age, 14 July 2007: 4. Goldberg, David Theo. The Racial State. Massachusetts: Blackwell, 2002.———. The Threat of Race: Reflections on Neoliberalism. Massachusetts: Blackwell, 2008. Harris, Cheryl. “Whiteness as Property.” Harvard Law Review 106.8 (1993): 1709-1795. Keane, John. “Maralinga’s Afterlife.” Feature Article. The Age, 11 May 2003. 24 Nov. 2010 ‹http://www.theage.com.au/articles/2003/05/11/1052280486255.html>. Knox, Malcolm. “Nuclear Dawn.” The Monthly 56 (May 2010). Lambert, Anthony. “Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia.” M/C Journal 13.6 (2010). Langton, Marcia. “It’s Time to Stop Playing Politics with Vulnerable Lives.” Opinion. Sydney Morning Herald, 30 Nov. 2007: 2. McAllan, Fiona. “Customary Appropriations.” borderlands ejournal 6.3 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no3_2007/mcallan_appropriations.htm>. Moreton-Robinson, Aileen. “The Possessive Logic of Patriarchal White Sovereignty: The High Court and the Yorta Yorta Decision.” borderlands e-journal 3.2 (2004). 1 Aug. 2007 ‹http://www.borderlands.net.au/vol3no2_2004/moreton_possessive.htm>. ———. “Whiteness, Epistemology and Indigenous Representation.” Whitening Race. Ed. Aileen Moreton-Robinson. Canberra: Aboriginal Studies Press, 75-89. Norberry, J., and J. Gardiner-Garden. Aboriginal Land Rights (Northern Territory) Amendment Bill 2006. Australian Parliamentary Library Bills Digest 158 (19 June 2006). Ong, Aihwa. Neoliberalism as Exception: Mutations in Citizenship and Sovereignty. Durham: Duke University Press, 2006. 75-97.Oxford English Dictionary. 3rd. ed. Oxford: Oxford UP, 2005. Rio Tinto. "Rio Tinto Aboriginal Policy and Programme Briefing Note." June 2007. 22 Nov. 2010 ‹http://www.aboriginalfund.riotinto.com/common/pdf/Aboriginal%20Policy%20and%20Programs%20-%20June%202007.pdf>. Roberts, David J., and Mielle Mahtami. “Neoliberalising Race, Racing Neoliberalism: Placing 'Race' in Neoliberal Discourses.” Antipode 42.2 (2010): 248-257. Stringer, Rebecca. “A Nightmare of the Neocolonial Kind: Politics of Suffering in Howard's Northern Territory Intervention.” borderlands ejournal 6.2 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no2_2007/stringer_intervention.htm>.Stokes, Dianne. "Muckaty." n.d. 1 Aug. 2010 ‹http://www.timbonham.com/slideshows/Muckaty/>. Terrill, Leon. “Indigenous Land Reform: What Is the Real Aim of Land Reform?” Edited version of a presentation provided at the 2010 National Native Title Conference, 2010. Watson, Irene. “Sovereign Spaces, Caring for Country and the Homeless Position of Aboriginal Peoples.” South Atlantic Quarterly 108.1 (2009): 27-51. Watson, Nicole. “Howard’s End: The Real Agenda behind the Proposed Review of Indigenous Land Titles.” Australian Indigenous Law Reporter 9.4 (2005). ‹http://www.austlii.edu.au/au/journals/AILR/2005/64.html>.Wild, R., and P. Anderson. Ampe Akelyernemane Meke Mekarie: The Little Children Are Sacred. Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse. Northern Territory: Northern Territory Government, 2007.

Leucaena leucocephala (Lam.) de Wit (commonly known as leucaena) is a leguminous species of the family Fabaceae and a native of Mexico and Central America. It is often addressed as a “miracle tree” for offering a wide variety of ecosystem services and possessing strong ecological attributes. The multiple uses of leucaena in agroforestry, livestock, and restoration practices led to the worldwide distribution of its ssp. glabrata and leucocephala. However, following its introduction into non-native regions, the commercial value of ssp. leucocephala was challenged by its large-scale spread outside the cultivation zone. It has assumed a status of an environmental weed and invasive plant in many regions across Africa (17 countries and Island nations), Asia (17), Europe (1), Oceania (23), North America (12), and South America (7). The plant is enlisted in the top five terrestrial invasive plant species with the greatest international presence. The species is now considered one of the 100 worst invaders in the world. The plant mainly invades roadsides, wastelands, cultivated lands, riverbanks, and forest edges, and suppresses the growth of other woody and herbaceous species. Its infestations alter the patterns of vegetation, plant succession, and community assembly in the introduced habitats. Propagation of ssp. leucocephala, without considering the environmental risks associated with it, may result in major repercussions and irreparable losses. Therefore, it is important to discuss its invasive propensities and the possible alternatives that may replace the weedy species without encumbering its economic benefits. This review aims to thoroughly evaluate the ecological and invasive attributes of leucaena, promote awareness about the ecological costs associated with its spread, and suggest suitable options for its management.

Anders Toftgaard: “Perhaps even this distress it will some day be a joy to recall”. On Giacomo Castelvetro’s manuscripts in The Royal Library, Copenhagen. In exile from his beloved Modena, Giacomo Castelvetro (1546–1616) travelled in a Europe marked by Reformation, counter-Reformation and wars of religion. He transmitted the best of Italian Renaissance culture to the court of James VI and Queen Anna of Denmark in Edinburgh, to the court of Christian IV in Copenhagen and to Shakespeare’s London, while he incessantly collected manuscripts on Italian literature and European contemporary history. Giacomo Castelvetro lived in Denmark from August 1594 to 11 October 1595. Various manuscripts and books which belonged to Giacomo Castelvetro in his lifetime, are now kept in the Royal Library in Copenhagen. Some of them might have been in Denmark ever since Castelvetro left Denmark in 1595. Nevertheless, Giacomo Castelvetro has never been noticed by Danish scholars studying the cultural context in which he lived. The purpose of this article is to point to Castelvetro’s presence in Denmark in the period around Christian IV’s accession and to describe two of his unique manuscripts in the collection of the Royal Library. The Royal Library in Copenhagen holds a copy of the first printed Italian translation of the Quran, L’Alcorano di Macometto, nel qual si contiene la dottrina, la vita, i costumi et le leggi sue published by Andrea Arrivabene in Venice in 1547. The title page bears the name of the owner: Giacº Castelvetri. The copy was already in the library’s collections at the time of the Danish King Frederic III, in the 1660’s. The three manuscripts from the Old Royal collection (GKS), GKS 2052 4º, GKS 2053 4º and GKS 2057 4º are written partly or entirely in the hand of Giacomo Castelvetro. Moreover, a number of letters written to Giacomo Castelvetro while he was still in Edinburgh are kept among letters addressed to Jonas Charisius, the learned secretary in the Foreign Chancellery and son in law of Petrus Severinus (shelf mark NKS (New Royal Collection) 1305 2º). These letters have been dealt with by Giuseppe Migliorato who also transcribed two of them. GKS 2052 4º The manuscript GKS 2052 4º (which is now accessible in a digital facsimile on the Royal Library’s website), contains a collection of Italian proverbs explained by Giacomo Castelvetro. It is dedicated to Niels Krag, who was ambassador of the Danish King to the Scottish court, and it is dated 6 August 1593. The title page shows the following beautifully written text: Il Significato D’Alquanti belli & vari proverbi dell’Italica Favella, gia fatto da G. C. M. & hoggi riscritto, & donato,in segno di perpetua amicitia, all ecc.te.D. di legge, Il S.r. Nicolò Crachio Ambas.re. del Ser.mo Re di Dania a questa Corona, & Sig.r mio sempre osser.mo Forsan & haec olim meminisse iuvabit Nella Citta d’Edimborgo A VI d’Agosto 1593 The manuscript consists of 96 leaves. On the last page of the manuscript the title is repeated with a little variation in the colophon: Qui finisce il Significato D’alquanti proverbi italiani, hoggi rescritto a requisitione del S.r. Nicolo Crachio eccelente Dottore delle civili leggi &c. Since the author was concealed under the initials G.C.M., the manuscript has never before been described and never attributed to Giacomo Castelvetro. However, in the margin of the title page, a 16th century hand has added: ”Giacomo Castelvetri modonese”, and the entire manuscript is written in Giacomo Castelvetro’s characteristic hand. The motto ”Forsan et haec olim meminisse iuvabit” is from Vergil’s Aeneid (I, 203); and in the Loeb edition it is rendered “Perhaps even this distress it will some day be a joy to recall”. The motto appears on all of the manuscripts that Giacomo Castelvetro copied in Copenhagen. The manuscript was evidently offered to Professor Niels Krag (ca. 1550–1602), who was in Edinburgh in 1593, from May to August, as an ambassador of the Danish King. On the 1st of August, he was knighted by James VI for his brave behaviour when Bothwell entered the King’s chamber in the end of July. The Danish Public Record Office holds Niels Krag’s official diary from the journey, signed by Sten Bilde and Niels Krag. It clearly states that they left Edinburgh on August 6th, the day in which Niels Krag was given the manuscript. Evidently, Castelvetro was one of the many persons celebrating the ambassadors at their departure. The manuscript is bound in parchment with gilded edges, and a gilded frame and central arabesque on both front cover and end cover. There are 417 entries in the collection of proverbs, and in the explanations Giacomo Castelvetro often uses other proverbs and phrases. The explanations are most vivid, when Castelvetro explains the use of a proverb by a tale in the tradition of the Italian novella or by an experience from his own life. The historical persons mentioned are the main characters of the sixteenth century’s religious drama, such as Henry VIII, Edward VI, Mary I, Elizabeth, James VI, Henry Howard, Earl of Surrey, and his son, Thomas Howard, 4th Duke of Norfolk, Gaspard de Coligny and the Guise family, Mary Stuart, Don Antonio, King of Portugal, the Earl of Bothwell and Cosimo de’ Medici. The Catholic Church is referred to as “Setta papesca”, and Luther is referred to as “il grande, e pio Lutero” (f. 49v). Giovanni Boccaccio and Francesco Petrarca are referred to various times, along with Antonio Cornazzano (ca. 1430–1483/84), the author of Proverbi in facetie, while Brunetto Latini, Giovanni Villani, Ovid and Vergil each are mentioned once. Many of the explanations are frivolous, and quite a few of them involve priests and monks. The origin of the phrase “Meglio è tardi, che non mai” (52v, “better late than never”) is explained by a story about a monk who experienced sex for the first time at the age of 44. In contrast to some of the texts to be found in the manuscript GKS 2057 4º the texts in GKS 2052 4º, are not misogynist, rather the opposite. Castelvetro’s collection of proverbs is a hitherto unknown work. It contains only a tenth of the number of proverbs listed in Gardine of recreation (1591) by John Florio (1553?–1625), but by contrast these explanations can be used, on the one hand, as a means to an anthropological investigation of the past and on the other hand they give us precious information about the life of Giacomo Castelvetro. For instance he cites a work of his, “Il ragionamento del Viandante” (f. 82r), which he hopes to see printed one day. It most probably never was printed. GKS 2057 4º The manuscript GKS 2057 4º gathers a number of quires in very different sizes. The 458 folios in modern foliation plus end sheets are bound in blue marbled paper (covering a previous binding in parchment) which would seem to be from the 17th century. The content spans from notes to readyforprint-manuscripts. The manuscript contains text by poets from Ludovico Castelvetro’s generation, poems by poets from Modena, texts tied to the reformation and a lot of satirical and polemical material. Just like some of Giacomo Castelvetro’s manuscripts which are now in the possession of Trinity College Library and the British Library it has “been bound up in the greatest disorder” (cf. Butler 1950, p. 23, n. 75). Far from everything is written in the hand of Giacomo Castelvetro, but everything is tied to him apart from one quire (ff. 184–192) written in French in (or after) 1639. The first part contains ”Annotationi sopra i sonetti del Bembo” by Ludovico Castelvetro, (which has already been studied by Alberto Roncaccia), a didactic poem in terza rima about rhetoric, “de’ precetti delle partitioni oratorie” by “Filippo Valentino Modonese” , “rescritto in Basilea a XI di Febraio 1580 per Giacº Castelvetri” and the Ars poetica by Horace translated in Italian. These texts are followed by satirical letters by Nicolò Franco (“alle puttane” and “alla lucerna” with their responses), by La Zaffetta, a sadistic, satirical poem about a Venetian courtisane who is punished by her lover by means of a gang rape by thirty one men, and by Il Manganello (f. 123–148r), an anonymous, misogynistic work. The manuscript also contains a dialogue which would seem to have been written by Giacomo Castelvetro, “Un’amichevole ragionamento di due veri amici, che sentono il contrario d’uno terzo loro amico”, some religious considerations written shortly after Ludovico’s death, ”essempio d’uno pio sermone et d’una Christiana lettera” and an Italian translation of parts of Erasmus’ Colloquia (the dedication to Frobenius and the two dialogues ”De votis temere susceptis” and ”De captandis sacerdotiis” under the title Dimestichi ragionamenti di Desiderio Erasmo Roterodamo, ff. 377r–380r), and an Italian translation of the psalms number 1, 19, 30, 51, 91. The dominating part is, however, Italian poetry. There is encomiastic poetry dedicated to Trifon Gabriele and Sperone Speroni and poetry written by poets such as Torquato Tasso, Bernardo Tasso, Giulio Coccapani, Ridolfo Arlotti, Francesco Ambrosio/ Ambrogio, Gabriele Falloppia, Alessandro Melani and Gasparo Bernuzzi Parmigiano. Some of the quires are part of a planned edition of poets from Castelvetro’s home town, Modena. On the covers of the quires we find the following handwritten notes: f. 276r: Volume secondo delle poesie de poeti modonesi f. 335v: VII vol. Delle opere de poeti modonesi f. 336v; 3º vol. Dell’opere de poeti modonesi f. 353: X volume dell’opre de poeti modonesi In the last part of the manuscript there is a long discourse by Sperone Speroni, “Oratione del Sr. Sperone, fatta in morte della S.ra Giulia Varana Duchessa d’Urbino”, followed by a discourse on the soul by Paulus Manutius. Finally, among the satirical texts we find quotes (in Latin) from the Psalms used as lines by different members of the French court in a humoristic dialogue, and a selection of graffiti from the walls of Padua during the conflict between the city council and the students in 1580. On fol. 383v there is a ”Memoriale d’alcuni epitafi ridiculosi”, and in the very last part of the manuscript there is a certain number of pasquinate. When Castelvetro was arrested in Venice in 1611, the ambassador Dudley Carleton described Castelvetro’s utter luck in a letter to Sir Robert Cecil, stating that if he, Carleton, had not been able to remove the most compromising texts from his dwelling, Giacomo Castelvetro would inevitably have lost his life: “It was my good fortune to recover his books and papers a little before the Officers of the Inquisition went to his lodging to seize them, for I caused them to be brought unto me upon the first news of his apprehension, under cover of some writings of mine which he had in his hands. And this indeed was the poore man’s safetie, for if they had made themselves masters of that Magazine, wherein was store and provision of all sorts of pasquins, libels, relations, layde up for many years together against their master the Pope, nothing could have saved him” Parts of GKS 2057 4º fit well into this description of Castelvetro’s papers. A proper and detailed description of the manuscript can now be found in Fund og Forskning Online. Provenance GKS 2052 4ºon the one side, and on the other side, GKS 2053 4º and GKS 2057 4º have entered The Royal Library by two different routes. None of the three manuscripts are found in the oldest list of manuscripts in the Royal Library, called Schumacher’s list, dating from 1665. All three of them are included in Jon Erichsen’s “View over the old Manuscript Collection” published in 1786, so they must have entered the collections between 1660 and 1786. Both GKS 2053 4º and GKS 2057 4º have entered The Royal Library from Christian Reitzer’s library in 1721. In the handwritten catalogue of Reitzer’s library (The Royal Library’s archive, E 15, vol. 1, a catalogue with very detailed entries), they bear the numbers 5744 and 5748. If one were to proceed, one would have to identify the library from which these two manuscripts have entered Reitzer’s library. On the spine of GKS 2053 4º there is a label saying “Castelvetro / sopra Dante vol 326” and on f. 2r the same number is repeated: “v. 326”. On the spine of GKS 2057 4º, there is a label saying “Poesie italiane, vol. 241”, and on the end sheet the same number is repeated: “v. 241”. These two manuscripts would thus seem to have belonged to the same former library. Many of the Royal Library’s manuscripts with relazioni derive from Christian Reitzer’s library, and a wide range of Italian manuscripts which have entered the Royal Library through Reitzer’s library have a similar numbering on spine and title page. Comparing these numbers with library catalogues from the 17th century, one might be able to identify the library from which these manuscripts entered Reitzer’s library, and I hope to be able to proceed in this direction. Conclusion Giacomo Castelvetro was not a major Italian Renaissance writer, but a nephew of one of the lesser-known writers in Italian literature, Ludovico Castelvetro. He delivered yet another Italian contribution to the history of Christian IV, and his presence could be seen as a sign of a budding Italianism in Denmark in the era of Christian IV. The collection of Italian proverbs that he offered to Niels Krag, makes him a predecessor of the Frenchman Daniel Matras (1598–1689), who as a teacher of French and Italian at the Academy in Sorø in 1633 published a parallel edition of French, Danish, Italian and German proverbs. The two manuscripts that are being dealt with in this article are two very different manuscripts. GKS 2052 4º is a perfectly completed work that was hitherto unknown and now joins the short list of known completed works by Giacomo Castelvetro. GKS 2057 4º is a collection of variegated texts that have attracted Giacomo Castelvetro for many different reasons. Together the two manuscripts testify to the varied use of manuscripts in Renaissance Italy and Europe. A typical formulation of Giacomo Castelvetro’s is “Riscritto”. He copies texts in order to give them a new life in a new context. Giacomo Castelvetro is in the word’s finest sense a disseminator of Italian humanism and European Renaissance culture. He disseminated it in a geographical sense, by his teaching in Northern Europe, and in a temporal sense through his preservation of texts for posterity under the motto: “Perhaps even this distress it will some day be a joy to recall”.

Introduction In November 2020, upon learning that the company’s Covid-19 vaccine trial had been successful, the head of Pfizer’s Vaccine Research and Development, Kathrin Jansen, celebrated with champagne – “some really good stuff” (Cohen). Bubbles seem to go naturally with celebration, and champagne is fundamentally associated with bubbles. Yet, until the late-seventeenth century, champagne was a still wine, and it only reached the familiar levels of bubbliness in the late-nineteenth century (Harding). During this period and on into the early twentieth century, “champagne” was in many ways created, defined, and defended. A “champagne bubble” was created, within which the “nature” of champagne was contested and constructed. Champagne today is the result of hundreds of years of labour by many sorts of bubble-makers: those who make the bubbly drink, and those who construct, maintain, and defend the champagne bubble. In this article, I explore some elements of the champagne bubble, in order to understand both its fragility and rigidity over the years and today. Creating the Champagne Bubble – the Labour of Centuries It is difficult to separate the physical from the mythical as regards champagne. Therefore the categorisations below are always overlapping, and embedded in legal, political, economic, and socio-cultural factors. Just as assemblage – the mixing of wine from different grapes – is an essential element of champagne wine, the champagne bubble may be called heterogeneous assemblage. Indeed, the champagne bubble, as we will see below, is a myriad of different sorts of bubbles, such as terroir, appellation, myth and brand. And just as any assemblage, its heterogeneous elements exist and operate in relation to each other. Therefore the “champagne bubble” discussed here is both one and many, all of its elements fundamentally interconnected, constituting that “one” known as “champagne”. It is not my intention to be comprehensive of all the elements, historical and contemporary. Indeed, that would not be possible within such a short article. Instead, I seek to demonstrate some of the complexity of the champagne bubble, noting the elaborate labour that has gone into its creation. The Physical Champagne and Champagne – from Soil to Bubbles Champagne means both a legally protected geographical area (Champagne), and the wine (here: champagne) produced in this area from grapes defined as acceptable: most importantly pinot noir, pinot meunier (“black” grapes), and chardonnay (“white” grape). The method of production, too, is regulated and legally protected: méthode champenoise. Although the same method is used in numerous locations, these must be called something different: metodo classico (Italy), método tradicional (Spain), Methode Cap Classique (South Africa). The geographical area of Champagne was first legally defined in 1908, when it only included the areas of Marne and Aisne, leaving out, most importantly, the area of Aube. This decision led to severe unrest and riots, as the Aube vignerons revolted in 1911, forcing the inclusion of “zone 2”: Aube, Haute-Marne, and Seine-et-Marne (Guy). Behind these regulations was a surge in fraudulent production in the early twentieth century, as well as falling wine prices resulting from increasing supply of cheap wines (Colman 18). These first appellations d’origine had many consequences – they proved financially beneficial for the “zone 1”, but less so for the “zone 2”. When both these areas were brought under the same appellation in 1927, the financial benefits were more limited – but this may have been due to the Great Depression triggered in 1929 (Haeck et al.). It is a long-standing belief that the soil and climate of Champagne are key contributors to the quality of champagne wines, said to be due to “conditions … most suitable for making this type of wine” (Simon 11). Already in the end of the nineteenth century, the editor of Vigneron champenois attributed champagne’s quality to “a fortunate combination of … chalky soil … [and] unrivalled exposure [to the sun]” (Guy 119) among other things. Factors such as soil and climate, commonly included in and expressed through the idea of terroir, undoubtedly influence grapes and wines made thereof, but the extent remains unproven. Indeed, terroir itself is a very contested concept (Teil; Inglis and Almila). It is also the case that climate change has had, and will continue to have, devastating effects on wine production in many areas, while benefiting others. The highly successful English sparkling wine production, drawing upon know-how from the Champagne area, has been enabled by the warming climate (Inglis), while Champagne itself is at risk of becoming too hot (Robinson). Champagne is made through a process more complicated than most wines. I present here the bare bones of it, to illustrate the many challenges that had to be overcome to enable its production in the scale we see today. Freshly picked grapes are first pressed and the juice is fermented. Grape juice contains natural yeasts and therefore will ferment spontaneously, but fermentation can also be started with artificial yeasts. In fermentation, alcohol and carbon dioxide (CO2) are formed, but the latter usually escapes the liquid. The secret of champagne is its second fermentation, which happens in bottles, after wines from different grapes and/or vineyards have been blended for desired characteristics (assemblage). For the second fermentation, yeast and sugar are added. As the fermentation happens inside a bottle, the CO2 that is created does not escape, but dissolves into the wine. The average pressure inside a champagne bottle in serving temperature is around 5 bar – 5 times the pressure outside the bottle (Liger-Belair et al.). The obvious challenge this method poses has to do with managing the pressure. Exploding bottles used to be a common problem, and the manner of sealing bottles was not very developed, either. Seventeenth-century developments in bottle-making, and using corks to seal bottles, enabled sparkling wines to be produced in the first place (Leszczyńska; Phillips 137). Still today, champagne comes in heavy-bottomed bottles, sealed with characteristically shaped cork, which is secured with a wire cage known as muselet. Scientific innovations, such as calculating the ideal amount of sugar for the second fermentation in 1836, also helped to control the amount of gas formed during the second fermentation, thus making the behaviour of the wine more predictable (Leszczyńska 265). Champagne is characteristically a “manufactured” wine, as it involves several steps of interference, from assemblage to dosage – sugar added for flavour to most champagnes after the second fermentation (although there are also zero dosage champagnes). This lends champagne particularly suitable for branding, as it is possible to make the wine taste the same year after year, harvest after harvest, and thus create a distinctive and recognisable house style. It is also possible to make champagnes for different tastes. During the nineteenth century, champagnes of different dosage were made for different markets – the driest for the British, the sweetest for the Russians (Harding). Bubbles are probably the most striking characteristic of champagne, and they are enabled by the complicated factors described above. But they are also formed when the champagne is poured in a glass. Natural impurities on the surface of the glass provide channels through which the gas pockets trapped in the wine can release themselves, forming strains of rising bubbles (Liger-Belair et al.). Champagne glasses have for centuries differed from other wine glasses, often for aesthetic reasons (Harding). The bubbles seem to do more than give people aesthetic pleasure and sensory experiences. It is often claimed that champagne makes you drunk faster than other drinks would, and there is, indeed, some (limited) research showing that this may well be the case (Roberts and Robinson; Ridout et al.). The Mythical Champagne – from Dom Pérignon to Modern Wonders Just as the bubbles in a champagne glass are influenced by numerous forces, so the metaphorical champagne bubble is subject to complex influences. Myth-creation is one of the most significant of these. The origin of champagne as sparkling wine is embedded in the myth of Dom Pérignon of Hautvillers monastery (1638–1715), who according to the legend would have accidentally developed the bubbles, and then enthusiastically exclaimed “I am drinking the stars!” (Phillips 138). In reality, bubbles are a natural phenomenon provoked by winter temperatures deactivating the fermenting yeasts, and spring again reactivating them. The myth of Dom Pérignon was first established in the nineteenth century and quickly embraced by the champagne industry. In 1937, Moët et Chandon launched a premium champagne called Dom Pérignon, which enjoys high reputation until this day (Phillips). The champagne industry has been active in managing associations connected with champagne since the nineteenth century. Sparkling champagnes had already enjoyed fashionability in the later seventeenth and early eighteenth century, both in the French Court, and amongst the British higher classes. In the second half of the nineteenth century, champagne found ever increasing markets abroad, and the clientele was not aristocratic anymore. Before the 1860s, champagne’s association was with high status celebration, as well as sexual activity and seduction (Harding; Rokka). As the century went on, and champagne sales radically increased, associations with “modernity” were added: “hot-air balloons, towering steamships, transcontinental trains, cars, sports, and other ‘modern’ wonders were often featured in quickly proliferating champagne advertising” (Rokka 280). During this time, champagne grew both drier and more sparkling, following consumer tastes (Harding). Champagne’s most important markets in later nineteenth century included the UK, where the growing middle classes consumed champagne for both celebration and hospitality (Harding), the US, where (upper) middle-class women were served champagne in new kinds of consumer environments (Smith; Remus), and Russia, where the upper classes enjoyed sweeter champagne – until the Revolution (Phillips 296). The champagne industry quickly embraced the new middle classes in possession of increasing wealth, as well as new methods of advertising and marketing. What is remarkable is that they managed to integrate enormously varied cultural thematics and still retain associations with aristocracy and luxury, while producing and selling wine in industrial scale (Harding; Rokka). This is still true today: champagne retains a reputation of prestige, despite large-scale branding, production, and marketing. Maintaining and Defending the Bubble: Formulas, Rappers, and the Absolutely Fabulous Tipplers The falling wine prices and increasing counterfeit wines coincided with Europe’s phylloxera crisis – the pest accidentally brought over from North America that almost wiped out all Europe’s vineyards. The pest moved through Champagne in the 1890s, killing vines and devastating vignerons (Campbell). The Syndicat du Commerce des vins de Champagne had already been formed in 1882 (Rokka 280). Now unions were formed to fight phylloxera, such as the Association Viticole Champenoise in 1898. The 1904 Fédération Syndicale des Vignerons was formed to lobby the government to protect the name of Champagne (Leszczyńska 266) – successfully, as we have seen above. The financial benefits from appellations were certainly welcome, but short-lived. World War I treated Champagne harshly, with battle lines stuck through the area for years (Guy 187). The battle went on also in the lobbying front. In 1935, a new appellation regime was brought into law, which came to be the basis for all European systems, and the Comité National des appellations d'origine (CNAO) was founded (Colman 1922). Champagne’s protection became increasingly international, and continues to be so today under EU law and trade deals (European Commission). The post-war recovery of champagne relied on strategies used already in the “golden years” – marketing and lobbying. Advertising continued to embrace “luxury, celebration, transport (extending from air travel to the increasingly popular automobile), modernity, sports” (Guy 188). Such advertisement must have responded accurately to the mood of post-war, pre-depression Europe. Even in the prohibition US it was known that the “frivolous” French women might go as far as bathe in champagne, like the popular actress Mistinguett (Young 63). Curiously, in the 1930s Soviet Russia, “champagne” (not produced in Champagne) was declared a sign of good living, symbolising the standard of living that any Soviet worker had access to (at least in theory) (Gronow). Today, the reputation of champagne is fiercely defended in legal terms. This is not only in terms of protection against other sparkling wine making areas, but also in terms of exploitation of champagne’s reputation by actors in other commercial fields, and even against mass market products containing genuine champagne (Mahy and d’Ath; Schneider and Nam). At the same time, champagne has been widely “democratised” by mass production, enabled partly by increasing mechanisation and scientification of champagne production from the 1950s onwards (Leszczyńska 266). Yet champagne retains its association with prestige, luxury, and even royalty. This has required some serious adaptation and flexibility. In what follows, I look into three cultural phenomena that illuminate processes of such adaptation: Formula One (F1) champagne spraying, the 1990s sitcom Absolutely Fabulous, and the Cristal racism scandal in 2006. The first champagne bottle is said to have been presented to F1 grand prix winner in Champagne in 1950 (Wheels24). Such a gesture would have been fully in line with champagne’s association with cars, sport, and modernity. But what about the spraying? Surely that is not in line with the prestige of the wine? The first spraying is attributed to Jo Siffert in 1966 and Dan Gurney in 1967, the former described as accidental, the latter as a spontaneous gesture of celebration (Wheels24; Dobie). Moët had become the official supplier of F1 champagnes in 1966, and there are no signs that the new custom would have been problematic for them, as their sponsorship continued until 1999, after which Mumm sponsored the sport for 15 years. Today, the champagne to be popped and sprayed is Chanson, in special bottles “coated in the same carbon fibre that F1 cars are made of” (Wheels24). Such an iconic status has the spraying gained that it features in practically all TV broadcasts concerning F1, although non-alcoholic substitute is used in countries where sale of alcohol is banned (Barker et al., “Quantifying”; Barker et al., “Alcohol”). As disturbing as the champagne spraying might look for a wine snob, it is perfectly in line with champagne’s marketing history and entrepreneurial spirit shown since the nineteenth century. Nor is it unheard of to let champagne spray. The “art” of sabrage, opening champagne bottle with a sable, associated with glamour, spectacle, and myth – its origin is attributed to Napoleon and his officers – is perfectly acceptable even for the snob. Sparkling champagne was always bound up with joy and celebration, not a solemn drink, and the champagne bubble was able to accommodate middle classes as well as aristocrats. This brings us to our second example, the British sitcom Absolutely Fabulous. The show, first released in 1992, featured two women, “Eddy” (Jennifer Saunders) and “Patsy” (Joanna Lumley), who spent their time happily smoking, taking drugs, and drinking large quantities of “Bolly” (among other things). Bollinger champagne may have initially experienced “a bit of a shock” for being thus addressed, but soon came to see the benefits of fame (French). In 2005, they hired PR support to make better use of the brand’s “Ab Fab” recognisability, and to improve its prestige reputation in order to justify their higher price range (Cann). Saunders and Lumley were warmly welcomed by the Bollinger house when filming for their champagne tour Absolutely Champers (2017). It is befitting indeed that such controversial fame came from the UK, the first country to discover sparkling champagne outside France (Simon 48), and where the aspirational middle classes were keen to consume it already in the nineteenth century (Harding). More controversial still is the case of Cristal (made by Louis Roederer) and the US rap world. Enthusiastically embraced by the “bling-bling” world of (black) rappers, champagne seems to fit their ethos well. Cristal was long favoured as both a drink and a word in rap lyrics. But in 2006, the newly appointed managing director at the family owned Roederer, Frédéric Rouzaud, made comments considered racist by many (Woodland). Rouzard told in an interview with The Economist that the house observed the Cristal-rap association “with curiosity and serenity”. He reportedly continued: “but what can we do? We can’t forbid people from buying it. I’m sure Dom Pérignon or Krug would be delighted to have their business”. It was indeed those two brands that the rapper Jay-Z replaced Cristal with, when calling for a boycott on Cristal. It would be easy to dismiss Rouzard’s comments as snobbery, or indeed as racism, but they merit some more reflection. Cristal is the premium wine of a house that otherwise does not enjoy high recognisability. While champagne’s history involves embracing new sorts of clientele, and marketing flexibly to as many consumer groups as possible (Rokka), this was the first spectacular crossing of racial boundaries. It was always the case that different houses and their different champagnes were targeted at different clienteles, and it is apparent that Cristal was not targeted at black rap artists. Whereas Bollinger was able to turn into a victory the questionable fame brought by the white middle-class association of Absolutely Fabulous, the more prestigious Cristal considered the attention of the black rapper world more threatening and acted accordingly. They sought to defend their own brand bubble, not the larger champagne bubble. Cristal’s reputation seems to have suffered little – its 2008 vintage, launched in 2018, was the most traded wine of that year (Schultz). Jay-Z’s purchase of his own champagne brand (Armand de Brignac, nicknamed Ace of Spades) has been less successful reputation-wise (Greenburg). It is difficult to break the champagne bubble, and it may be equally difficult to break into it. Conclusion In this article, I have looked into the various dilemmas the “bubble-makers” of Champagne encountered when fabricating what is today known as “champagne”. There have been moments of threat to the bubble they formed, such as in the turn of nineteenth and twentieth centuries, and eras of incomparable success, such as from the 1860s to 1880s. The discussion has demonstrated the remarkable flexibility with which the makers and defenders of champagne have responded to challenges, and dealt with material, socio-cultural, economic, and other problems. It feels appropriate to end with a note on the current challenge the champagne industry faces: Covid-19. The pandemic hit champagne sales exceptionally hard, leaving around 100 million bottles unsold (Micallef). This was not very surprising, given the closure of champagne-selling venues, banning of public and private celebrations, and a general mood not particularly prone to (or even likely to frown upon) such light-hearted matters as glamour and champagne. Champagne has survived many dramatic drops in sales during the twentieth century, such as the Great Depression of the 1930s, and the post-financial crisis collapse in 2009. Yet they seem to be able to make astonishing recoveries. Already, there are indicators that many people consumed more champagne during the festive end-of-year season than in previous years (Smithers). For the moment, it looks like the champagne bubble, despite its seeming fragility, is practically indestructible, no matter how much its elements may suffer under various pressures and challenges. References Barker, Alexander, Magdalena Opazo-Breton, Emily Thomson, John Britton, Bruce Granti-Braham, and Rachael L. Murray. “Quantifying Alcohol Audio-Visual Content in UK Broadcasts of the 2018 Formula 1 Championship: A Content Analysis and Population Exposure.” BMJ Open 10 (2020): e037035. <https://bmjopen.bmj.com/content/10/8/e037035>. Barker, Alexander B., John Britton, Bruce Grant-Braham, and Rachael L. Murray. “Alcohol Audio-Visual Content in Formula 1 Television Broadcasting.” BMC Public Health 18 (2018): 1155. <https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-018-6068-3>. Campbell, Christy. 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As Lewis Carroll’s Alice comes to the end of her journey through the looking glass world, she has also come to the end of her patience with its strange power games and arbitrations. At every stage of the adventure, she has encountered someone who wants to dictate rules and protocols, and a lesson on table manners from the Red Queen finally triggers rebellion. “I can’t stand this any more,” Alice cries, as she seizes the tablecloth and hurls the entire setting into chaos (279). Then, catching hold of the Red Queen, she gives her a good shaking, until the rigid contours of the imperious figure become fuzzy and soft. At this point, the hold of the dream dissolves and Alice, awakening on the other side of the mirror, realises she is shaking the kitten. Queens have long been associated with ideas of transformation. As Alice is duly advised when she first looks out across the chequered landscape of the looking glass world, the rules of chess decree that a pawn may become a queen if she makes it to the other side. The transformation of pawn to queen is in accord with the fairy tale convention of the unspoiled country girl who wins the heart of a prince and is crowned as his bride. This works in a dual register: on one level, it is a story of social elevation, from the lowest to the highest rank; on another, it is a magical transition, as some agent of fortune intervenes to alter the determinations of the social world. But fairy tales also present us with the antithesis and adversary of the fortune-blessed princess, in the figure of the tyrant queen who works magic to shape destiny to her own ends. The Queen and the mirror converge in the cultural imaginary, working transformations that disrupt the order of nature, invert socio-political hierarchies, and flout the laws of destiny. In “Snow White,” the powers of the wicked queen are mediated by the looking glass, which reflects and affirms her own image while also serving as a panopticon, keep the entire realm under surveillance, to pick up any signs of threat to her pre-eminence. All this turbulence in the order of things lets loose a chaotic phantasmagoria that is prime material for film and animation. Two major film versions of “Snow White” have been released in the past few years—Mirror Mirror (2012) and Snow White and the Huntsman (2012)—while Tim Burton’s animated 3D rendition of Alice in Wonderland was released in 2010. Alice through the Looking Glass (2016) and The Huntsman: Winter’s War, the 2016 prequel to Snow White and the Huntsman, continue the experiment with state-of-the-art-techniques in 3D animation and computer-generated imaging to push the visual boundaries of fantasy. Perhaps this escalating extravagance in the creation of fantasy worlds is another manifestation of the ancient lore and law of sorcery: that the magic of transformation always runs out of control, because it disrupts the all-encompassing design of an ordered world. This principle is expressed with poetic succinctness in Ursula Le Guin’s classic story A Wizard of Earthsea, when the Master Changer issues a warning to his most gifted student: But you must not change one thing, one pebble, one grain of sand, until you know what good and evil will follow on that act. The world is in balance, in Equilibrium. A wizard's power of Changing and Summoning can shake the balance of the world. It is dangerous, that power. (48)In Le Guin’s story, transformation is only dangerous if it involves material change; illusions of all kinds are ultimately harmless because they are impermanent.Illusions mediated by the mirror, however, blur the distinction Le Guin is making, for the mirror image supposedly reflects a real world. And it holds the seductive power of a projected narcissism. Seeing what we wish for is an experience that can hold us captive in a way that changes human nature, and so leads to dangerous acts with material consequences. The queen in the mirror becomes the wicked queen because she converts the world into her image, and in traditions of animation going back to Disney’s original Snow White (1937) the mirror is itself an animate being, with a spirit whose own determinations become paramount. Though there are exceptions in the annals of fairy story, powers of transformation are typically dark powers, turbulent and radically elicit. When they are mediated through the agency of the mirror, they are also the powers of narcissism and autocracy. Through a Glass DarklyIn her classic cultural history of the mirror, Sabine Melchior-Bonnet tracks a duality in the traditions of symbolism associated with it. This duality is already evident in Biblical allusions to the mirror, with references to the Bible itself as “the unstained mirror” (Proverbs 7.27) counterpointed by images of the mortal condition as one of seeing “through a glass darkly” (1 Corinthians 13.12).The first of these metaphoric conventions celebrates the crystalline purity of a reflecting surface that reveals the spiritual identity beneath the outward form of the human image. The church fathers drew on Plotinus to evoke “a whole metaphysics of light and reflection in which the visible world is the image of the invisible,” and taught that “humans become mirrors when they cleanse their souls (Melchior-Bonnet 109–10). Against such invocations of the mirror as an intermediary for the radiating presence of the divine in the mortal world, there arises an antithetical narrative, in which it is portrayed as distorting, stained, and clouded, and therefore an instrument of delusion. Narcissus becomes the prototype of the human subject led astray by the image itself, divorced from material reality. What was the mirror if not a trickster? Jean Delumeau poses this question in a preface to Melchior-Bonnet’s book (xi).Through the centuries, as Melchior-Bonnet’s study shows, these two strands are interwoven in the cultural imaginary, sometimes fused, and sometimes torn asunder. With Venetian advances in the techniques and technologies of mirror production in the late Renaissance, the mirror gained special status as a possession of pre-eminent beauty and craftsmanship, a means by which the rich and powerful could reflect back to themselves both the self-image they wanted to see, and the world in the background as a shimmering personal aura. This was an attempt to harness the numinous influence of the divinely radiant mirror in order to enhance the superiority of leading aristocrats. By the mid seventeenth century, the mirror had become an essential accessory to the royal presence. Queen Anne of Austria staged a Queen’s Ball in 1633, in a hall surrounded by mirrors and tapestries. The large, finely polished mirror panels required for this kind of display were made exclusively by craftsmen at Murano, in a process that, with its huge furnaces, its alternating phases of melting and solidifying, its mysterious applications of mercury and silver, seemed to belong to the transformational arts of alchemy. In 1664, Louis XIV began to steal unique craftsmen from Murano and bring them to France, to set up the Royal Glass and Mirror Company whose culminating achievement was the Hall of Mirrors at Versailles.The looking glass world of the palace was an arena in which courtiers and visitors engaged in the high-stakes challenge of self-fashioning. Costume, attitude, and manners were the passport to advancement. To cut a figure at court was to create an identity with national and sometimes international currency. It was through the art of self-fashioning that the many princesses of Europe, and many more young women of title and hereditary distinction, competed for the very few positions as consort to the heir of a royal house. A man might be born to be king, but a woman had to become a queen.So the girl who would be queen looks in the mirror to assess her chances. If her face is her fortune, what might she be? A deep relationship with the mirror may serve to enhance her beauty and enable her to realise her wish, but like all magical agents, the mirror also betrays anyone with the hubris to believe they are in control of it. In the Grimm’s story of “Snow White,” the Queen practises the ancient art of scrying, looking into a reflective surface to conjure images of things distant in time and place. But although the mirror affords her the seer’s visionary capacity to tell what will be, it does not give her the power to control the patterns of destiny. Driven to attempt such control, she must find other magic in order to work the changes she desires, and so she experiments with spells of self-transformation. Here the doubleness of the mirror plays out across every plane of human perception: visual, ethical, metaphysical, psychological. A dynamic of inherent contradiction betrays the figure who tries to engage the mirror as a servant. Disney’s original 1937 cartoon shows the vain Queen brewing an alchemical potion that changes her into the very opposite of all she has sought to become: an ugly, ill-dressed, and impoverished old woman. This is the figure who can win and betray trust from the unspoiled princess to whom the arts of self-fashioning are unknown. In Tarsem Singh’s film Mirror Mirror, the Queen actually has two mirrors. One is a large crystal egg that reflects back a phantasmagoria of palace scenes; the other, installed in a primitive hut on an island across the lake, is a simple looking glass that shows her as she really is. Snow White and the Huntsman portrays the mirror as a golden apparition, cloaked and faceless, that materialises from within the frame to stand before her. This is not her reflection, but with every encounter, she takes on more of its dark energies, until, in another kind of reversal, she becomes its image and agent in the wider world. As Ursula Le Guin’s sage teaches the young magician, magic has its secret economies. You pay for what you get, and the changes wrought will come back at you in ways you would never have foreseen. The practice of scrying inevitably leads the would-be clairvoyant into deeper levels of obscurity, until the whole world turns against the seer in a sequence of manifestations entirely contrary to his or her framework of expectation. Ultimately, the lesson of the mirror is that living in obscurity is a defining aspect of the human condition. Jorge Luis Borges, the blind writer whose work exhibits a life-long obsession with mirrors, surveys a range of interpretations and speculations surrounding the phrase “through a glass darkly,” and quotes this statement from Leon Bloy: “There is no human being on earth capable of declaring with certitude who he is. No one knows what he has come into this world to do . . . or what his real name is, his enduring Name in the register of Light” (212).The mirror will never really tell you who you are. Indeed, its effects may be quite the contrary, as Alice discovers when, within a couple of moves on the looking glass chessboard, she finds herself entering the wood of no names. Throughout her adventures she is repeatedly interrogated about who or what she is, and can give no satisfactory answer. The looking glass has turned her into an estranged creature, as bizarre a species as any of those she encounters in its landscapes.Furies“The furies are at home in the mirror,” wrote R. S. Thomas in his poem “Reflections” (265). They are the human image gone haywire, the frightening other of what we hope to see in our reflection. As the mirror is joined by technologies of the moving image in twentieth-century evolutions of the myth, the furies have been given a new lease of life on the cinema screen. In Disney’s 1937 cartoon of Snow White, the mirror itself has the face of a fury, which emerges from a pool of blackness like a death’s head before bringing the Queen’s own face into focus. As its vision comes into conflict with hers, threatening the dissolution of the world over which she presides, the mirror’s face erupts into fire.Computer-generated imaging enables an expansive response to the challenges of visualisation associated with the original furies of classical mythology. The Erinyes are unstable forms, arising from liquid (blood) to become semi-materialised in human guise, always ready to disintegrate again. They are the original undead, hovering between mortal embodiment and cadaverous decay. Tearing across the landscape as a flock of birds, a swarm of insects, or a mass of storm clouds, they gather into themselves tremendous energies of speed and motion. The 2012 film Snow White and the Huntsman, directed by Rupert Sanders, gives us the strongest contemporary realisation of the archaic fury. Queen Ravenna, played by Charlize Theron, is a virtuoso of the macabre, costumed in a range of metallic exoskeletons and a cloak of raven’s feathers, with a raised collar that forms two great black wings either side of her head. Powers of dematerialisation and rematerialisation are central to her repertoire. She undergoes spectacular metamorphosis into a mass of shrieking birds; from the walls around her she conjures phantom soldiers that splinter into shards of black crystal when struck by enemy swords. As she dies at the foot of the steps leading up to the great golden disc of her mirror, her face rapidly takes on the great age she has disguised by vampiric practices.Helena Bonham Carter as the Red Queen in Burton’s Alice in Wonderland is a figure midway between Disney’s fairy tale spectre and the fully cinematic register of Theron’s Ravenna. Bonham Carter’s Queen, with her accentuated head and pantomime mask of a face, retains the boundaries of form. She also presides over a court whose visual structures express the rigidities of a tyrannical regime. Thus she is no shape-shifter, but energies of the fury are expressed in her voice, which rings out across the presence chamber of the palace and reverberates throughout the kingdom with its calls for blood. Alice through the Looking Glass, James Bobin’s 2016 sequel, puts her at the centre of a vast destructive force field. Alice passes through the mirror to encounter the Lord of Time, whose eternal rule must be broken in order to break the power of the murdering Queen; Alice then opens a door and tumbles in free-fall out into nothingness. The place where she lands is a world not of daydream but of nightmare, where everything will soon be on fire, as the two sides in the chess game advance towards each other for the last battle. This inflation of the Red Queen’s macabre aura and impact is quite contrary to what Lewis Carroll had in mind for his own sequel. In some notes about the stage adaptation of the Alice stories, he makes a painstaking distinction between the characters of the queen in his two stories.I pictured to myself the Queen of Hearts as a sort of embodiment of ungovernable passion—a blind and aimless Fury. The Red Queen I pictured as a Fury, but of another type; her passion must be cold and calm—she must be formal and strict, yet not unkindly; pedantic to the 10th degree, the concentrated essence of governesses. (86)Yet there is clearly a temptation to erase this distinction in dramatisations of Alice’s adventures. Perhaps the Red Queen as a ‘not unkindly’ governess is too restrained a persona for the psychodynamic mythos surrounding the queen in the mirror. The image itself demands more than Carroll wants to accord, and the original Tenniel illustrations give a distinctly sinister look to the stern chess queen. In their very first encounter, the Red Queen contradicts every observation Alice makes, confounds the child’s sensory orientation by inverting the rules of time and motion, and assigns her the role of pawn in the game. Kafka or Orwell would not have been at all relaxed about an authority figure who practises mind control, language management, and identity reassignment. But here Carroll offers a brilliant modernisation of the fairy story tradition. Under the governance of the autocratic queen, wonderland and the looking glass world are places in which the laws of science, logic, and language are overturned, to be replaced by the rules of the queen’s games: cards and croquet in the wonderland, and chess in the looking glass world. Alice, as a well-schooled Victorian child, knows something of these games. She has enough common sense to be aware of how the laws of gravity and time and motion are supposed to work, and if she boasts of being able to believe six impossible things before breakfast, this signifies that she has enough logic to understand the limits of possibility. She would also have been taught about species and varieties and encouraged to make her own collections of natural forms. But the anarchy of the queen’s world extends into the domain of biology: species of all kinds can talk, bodies dissolve or change size, and transmutations occur instantaneously. Thus the world-warping energies of the Erinyes are re-imagined in an absurdist’s challenge to the scientist’s universe and the logician’s mentality.Carroll’s instinct to tame the furies is in accord with the overall tone and milieu of his stories, which are works of quirky charm rather than tales of terror, but his two queens are threatening enough to enable him to build the narrative to a dramatic climax. For film-makers and animators, though, it is the queen who provides the dramatic energy and presence. There is an over-riding temptation to let loose the pandemonium of the original Erinyes, exploiting their visual terror and their classical association with metamorphosis. FashioningThere is some sociological background to the coupling of the queen and the mirror in fairy story. In reality, the mirror might assist an aspiring princess to become queen by enchanting the prince who was heir to the throne, but what was the role of the looking glass once she was crowned? Historically, the self-imaging of the queen has intense and nervous resonances, and these can be traced back to Elizabeth I, whose elaborate persona was fraught with newly interpreted symbolism. Her portraits were her mirrors, and they reflect a figure in whom the qualities of radiance associated with divinity were transferred to the human monarch. Elizabeth developed the art of dressing herself in wearable light. If she lacked for a halo, she made up for it with the extravagant radiata of her ruffs and the wreaths of pearls around her head. Pearls in mediaeval poetry carried the mystique of a luminous microcosm, but they were also mirrors in themselves, each one a miniature reflecting globe. The Ditchely portrait of 1592 shows her standing as a colossus between heaven and earth, with the changing planetary light cycle as background. This is a queen who rules the world through the mediation of her own created image. It is an inevitable step from here to a corresponding intervention in the arrangement of the world at large, which involves the armies and armadas that form the backdrop to her other great portraits. And on the home front, a regime of terror focused on regular public decapitations and other grisly executions completes the strategy to remaking the world according to her will. Renowned costume designer Eiko Ishioka created an aesthetic for Mirror Mirror that combines elements of court fashion from the Elizabethan era and the French ancien régime, with allusions to Versailles. Formality and mannerism are the keynotes for the palace scenes. Julia Roberts as the Queen wears a succession of vast dresses that are in defiance of human scale and proportion. Their width at the hem is twice her height, and 100,000 Svarovski crystals were used for their embellishment. For the masked ball scene, she makes her entry as a scarlet peacock with a high arching ruff of pure white feathers. She amuses herself by arranging her courtiers as pieces on a chess-board. So stiffly attired they can barely move more than a square at a time, and with hats surmounted by precariously balanced ships, they are a mock armada from which the Queen may sink individual vessels on a whim, by ordering a fatal move. Snow White and the Huntsman takes a very different approach to extreme fashioning. Designer Colleen Atwood suggests the shape-shifter in the Queen’s costumes, incorporating materials evoking a range of species: reptile scales, fluorescent beetle wings from Thailand, and miniature bird skulls. There is an obvious homage here to the great fashion designer Alexander McQueen, whose hallmark was a fascination with the organic costuming of creatures in feathers, fur, wool, scales, shells, and fronds. Birds were everywhere in McQueen’s work. His 2006 show Widows of Culloden featured a range of headdresses that made the models look as if they had just walked through a flock of birds in full flight. The creatures were perched on their heads with outstretched wings askance across the models’ faces, obscuring their field of vision. As avatars from the spirit realm, birds are emblems of otherness, and associated with metempsychosis, the transmigration of souls. These resonances give a potent mythological aura to Theron’s Queen of the dark arts.Mirror Mirror and Snow White and the Huntsman accordingly present strikingly contrasted versions of self-fashioning. In Mirror Mirror we have an approach driven by traditions of aristocratic narcissism and courtly persona, in which form is both rigid and extreme. The Queen herself, far from being a shape-shifter, is a prisoner of the massive and rigid architecture that is her costume. Snow White and the Huntsman gives us a more profoundly magical interpretation, where form is radically unstable, infused with strange energies that may at any moment manifest themselves through violent transformation.Atwood was also costume designer for Burton’s Alice in Wonderland, where an invented framing story foregrounds the issue of fashioning as social control. Alice in this version is a young woman, being led by her mother to a garden party where a staged marriage proposal is to take place. Alice, as the social underling in the match, is simply expected to accept the honour. Instead, she escapes the scene and disappears down a rabbit hole to return to the wonderland of her childhood. In a nice comedic touch, her episodes of shrinking and growing involve an embarrassing separation from her clothes, so divesting her also of the demure image of the Victorian maiden. Atwood provides her with a range of fantasy party dresses that express the free spirit of a world that is her refuge from adult conformity.Alice gets to escape the straitjacket of social formation in Carroll’s original stories by overthrowing the queen’s game, and with it her micro-management of image and behaviour. There are other respects, though, in which Alice’s adventures are a form of social and moral fashioning. Her opening reprimand to the kitten includes some telling details about her own propensities. She once frightened a deaf old nurse by shouting suddenly in her ear, “Do let’s pretend that I’m a hungry hyaena and you’re a bone!” (147). Playing kings and queens is one of little Alice’s favourite games, and there is more than a touch of the Red Queen in the way she bosses and manages the kitten. It is easy to laud her impertinence in the face of the tyrannical characters she meets in her fantasies, but does she risk becoming just like them?As a story of moral self-fashioning, Alice through the Looking Glass cuts both ways. It is at once a critique of the Victorian social straitjacket, and a child’s fable about self-improvement. To be accorded the status of queen and with it the freedom of the board is also to be invested with responsibilities. If the human girl is the queen of species, how will she measure up? The published version of the story excludes an episode known to editors as “The Wasp in a Wig,” an encounter that takes place as Alice reaches the last ditch before the square upon which she will be crowned. She is about to jump the stream when she hears a sigh from woods behind her. Someone here is very unhappy, and she reasons with herself about whether there is any point in stopping to help. Once she has made the leap, there will be no going back, but she is reluctant to delay the move, as she is “very anxious to be a Queen” (309). The sigh comes from an aged creature in the shape of a wasp, who is sitting in the cold wind, grumbling to himself. Her kind enquiries are greeted with a succession of waspish retorts, but she persists and does not leave until she has cheered him up. The few minutes devoted “to making the poor old creature comfortable,” she tells herself, have been well spent.Read in isolation, the episode is trite and interferes with the momentum of the story. Carroll abandoned it on the advice of his illustrator John Tenniel, who wrote to say it didn’t interest him in the least (297). There is interest of another kind in Carroll’s instinct to arrest Alice’s momentum at that critical stage, with what amounts to a small morality tale, but Tenniel’s instinct was surely right. The mirror as a social object is surrounded by traditions of self-fashioning that are governed by various modes of conformity: moral, aesthetic, political. Traditions of myth and fantasy allow wider imaginative scope for the role of the mirror, and by association, for inventive speculation about human transformation in a world prone to extraordinary upheavals. ReferencesBorges, Jorge Luis. “Mirrors of Enigma.” Labyrinths: Selected Stories and Other Writings. Eds. Donald A. Yates and James Irby. New York: New Directions, 2007. 209–12. Carroll, Lewis. Alice through the Looking Glass. In The Annotated Alice. Ed. Martin Gardner. London: Penguin, 2000.The King James Bible.Le Guin, Ursula. The Earthsea Quartet. London: Penguin, 2012.Melchior-Bonnet, Sabine. The Mirror: A History. Trans. Katherine H. Jewett. London: Routledge, 2014.Thomas, R.S. “Reflections.” No Truce with the Furies, Collected Later Poems 1988–2000. Hexham, Northumberland: Bloodaxe, 2011.

IntroductionIn the wine world, authenticity is not just desired, it is actively required. That demand comes from a complex of producers, distributors and consumers, and other interested parties. Consequently, the authenticity of wine is constantly created, reworked, presented, performed, argued over, contested and appreciated.At one level, such processes have clear economic elements. A wine deemed to be an authentic “expression” of something—the soil and micro-climate in which it was grown, the environment and culture of the region from which it hails, the genius of the wine-maker who nurtured and brought it into being, the quintessential characteristics of the grape variety it is made from—will likely make much more money than one deemed inauthentic. In wine, as in other spheres, perceived authenticity is a means to garner profits, both economic and symbolic (Beverland).At another level, wine animates a complicated intertwining of human tastes, aesthetics, pleasures and identities. Discussions as to the authenticity, or otherwise, of a wine often involve a search by the discussants for meaning and purpose in their lives (Grahm). To discover and appreciate a wine felt to “speak” profoundly of the place from whence it came possibly involves a sense of superiority over others: I drink “real” wine, while you drink mass-market trash (Bourdieu). It can also create reassuring senses of ontological security: in discovering an authentic wine, expressive of a certain aesthetic and locational purity (Zolberg and Cherbo), I have found a cherishable object which can be reliably traced to one particular place on Earth, therefore possessing integrity, honesty and virtue (Fine). Appreciation of wine’s authenticity licenses the self-perception that I am sophisticated and sensitive (Vannini and Williams). My judgement of the wine is also a judgement upon my own aesthetic capacities (Hennion).In wine drinking, and the production, distribution and marketing processes underpinning it, much is at stake as regards authenticity. The social system of the wine world requires the category of authenticity in order to keep operating. This paper examines how and why this has come to be so. It considers the crafting of authenticity in long-term historical perspective. Demand for authentic wine by drinkers goes back many centuries. Self-conscious performances of authenticity by producers is of more recent provenance, and was elaborated above all in France. French innovations then spread to other parts of Europe and the world. The paper reviews these developments, showing that wine authenticity is constituted by an elaborate complex of environmental, cultural, legal, political and commercial factors. The paper both draws upon the social science literature concerning the construction of authenticity and also points out its limitations as regards understanding wine authenticity.The History of AuthenticityIt is conventional in the social science literature (Peterson, Authenticity) to claim that authenticity as a folk category (Lu and Fine), and actors’ desires for authentic things, are wholly “modern,” being unknown in pre-modern contexts (Cohen). Consideration of wine shows that such a view is historically uninformed. Demands by consumers for ‘authentic’ wine, in the sense that it really came from the location it was sold as being from, can be found in the West well before the 19th century, having ancient roots (Wengrow). In ancient Rome, there was demand by elites for wine that was both really from the location it was billed as being from, and was verifiably of a certain vintage (Robertson and Inglis). More recently, demand has existed in Western Europe for “real” Tokaji (sweet wine from Hungary), Port and Bordeaux wines since at least the 17th century (Marks).Conventional social science (Peterson, Authenticity) is on solider ground when demonstrating how a great deal of social energies goes into constructing people’s perceptions—not just of consumers, but of wine producers and sellers too—that particular wines are somehow authentic expressions of the places where they were made. The creation of perceived authenticity by producers and sales-people has a long historical pedigree, beginning in early modernity.For example, in the 17th and 18th centuries, wine-makers in Bordeaux could not compete on price grounds with burgeoning Spanish, Portuguese and Italian production areas, so they began to compete with them on the grounds of perceived quality. Multiple small plots were reorganised into much bigger vineyards. The latter were now associated with a chateau in the neighbourhood, giving the wines connotations of aristocratic gravity and dignity (Ulin). Product-makers in other fields have used the assertion of long-standing family lineages as apparent guarantors of tradition and quality in production (Peterson, Authenticity). The early modern Bordelaise did the same, augmenting their wines’ value by calling upon aristocratic accoutrements like chateaux, coats-of-arms, alleged long-term family ownership of vineyards, and suchlike.Such early modern entrepreneurial efforts remain the foundations of the very high prestige and prices associated with elite wine-making in the region today, with Chinese companies and consumers particularly keen on the grand crus of the region. Globalization of the wine world today is strongly rooted in forms of authenticity performance invented several hundred years ago.Enter the StateAnother notable issue is the long-term role that governments and legislation have played, both in the construction and presentation of authenticity to publics, and in attempts to guarantee—through regulative measures and taxation systems—that what is sold really has come from where it purports to be from. The west European State has a long history of being concerned with the fraudulent selling of “fake” wines (Anderson, Norman, and Wittwer). Thus Cosimo III, Medici Grand Duke of Florence, was responsible for an edict of 1716 which drew up legal boundaries for Tuscan wine-producing regions, restricting the use of regional names like Chianti to wine that actually came from there (Duguid).These 18th century Tuscan regulations are the distant ancestors of quality-control rules centred upon the need to guarantee the authenticity of wines from particular geographical regions and sub-regions, which are today now ubiquitous, especially in the European Union (DeSoucey). But more direct progenitors of today’s Geographical Indicators (GIs)—enforced by the GATT international treaties—and Protected Designations of Origin (PDOs)—promulgated and monitored by the EU—are French in origin (Barham). The famous 1855 quality-level classification of Bordeaux vineyards and their wines was the first attempt in the world explicitly to proclaim that the quality of a wine was a direct consequence of its defined place of origin. This move significantly helped to create the later highly influential notion that place of origin is the essence of a wine’s authenticity. This innovation was initially wholly commercial, rather than governmental, being carried out by wine-brokers to promote Bordeaux wines at the Paris Exposition Universelle, but was later elaborated by State officials.In Champagne, another luxury wine-producing area, small-scale growers of grapes worried that national and international perceptions of their wine were becoming wholly determined by big brands such as Dom Perignon, which advertised the wine as a luxury product, but made no reference to the grapes, the soil, or the (supposedly) traditional methods of production used by growers (Guy). The latter turned to the idea of “locality,” which implied that the character of the wine was an essential expression of the Champagne region itself—something ignored in brand advertising—and that the soil itself was the marker of locality. The idea of “terroir”—referring to the alleged properties of soil and micro-climate, and their apparent expression in the grapes—was mobilised by one group, smaller growers, against another, the large commercial houses (Guy). The terroir notion was a means of constructing authenticity, and denouncing de-localised, homogenizing inauthenticity, a strategy favouring some types of actors over others. The relatively highly industrialized wine-making process was later represented for public consumption as being consonant with both tradition and nature.The interplay of commerce, government, law, and the presentation of authenticity, also appeared in Burgundy. In that region between WWI and WWII, the wine world was transformed by two new factors: the development of tourism and the rise of an ideology of “regionalism” (Laferté). The latter was invented circa WWI by metropolitan intellectuals who believed that each of the French regions possessed an intrinsic cultural “soul,” particularly expressed through its characteristic forms of food and drink. Previously despised peasant cuisine was reconstructed as culturally worthy and true expression of place. Small-scale artisanal wine production was no longer seen as an embarrassment, producing wines far more “rough” than those of Bordeaux and Champagne. Instead, such production was taken as ground and guarantor of authenticity (Laferté). Location, at regional, village and vineyard level, was taken as the primary quality indicator.For tourists lured to the French regions by the newly-established Guide Michelin, and for influential national and foreign journalists, an array of new promotional devices were created, such as gastronomic festivals and folkloric brotherhoods devoted to celebrations of particular foodstuffs and agricultural events like the wine-harvest (Laferté). The figure of the wine-grower was presented as an exemplary custodian of tradition, relatively free of modern capitalist exchange relations. These are the beginnings of an important facet of later wine companies’ promotional literatures worldwide—the “decoupling” of their supposed commitments to tradition, and their “passion” for wine-making beyond material interests, from everyday contexts of industrial production and profit-motives (Beverland). Yet the work of making the wine-maker and their wines authentically “of the soil” was originally stimulated in response to international wine markets and the tourist industry (Laferté).Against this background, in 1935 the French government enacted legislation which created theInstitut National des Appellations d’Origine (INAO) and its Appelation d’Origine Controlle (AOC) system (Barham). Its goal was, and is, to protect what it defines as terroir, encompassing both natural and human elements. This legislation went well beyond previous laws, as it did more than indicate that wine must be honestly labelled as deriving from a given place of origin, for it included guarantees of authenticity too. An authentic wine was defined as one which truly “expresses” the terroir from which it comes, where terroir means both soil and micro-climate (nature) and wine-making techniques “traditionally” associated with that area. Thus French law came to enshrine a relatively recently invented cultural assumption: that places create distinctive tastes, the value of this state of affairs requiring strong State protection. Terroir must be protected from the untrammelled free market. Land and wine, symbiotically connected, are de-commodified (Kopytoff). Wine is embedded in land; land is embedded in what is regarded as regional culture; the latter is embedded in national history (Polanyi).But in line with the fact that the cultural underpinnings of the INAO/AOC system were strongly commercially oriented, at a more subterranean level the de-commodified product also has economic value added to it. A wine worthy of AOC protection must, it is assumed, be special relative to wines un-deserving of that classification. The wine is taken out of the market, attributed special status, and released, economically enhanced, back onto the market. Consequently, State-guaranteed forms of authenticity embody ambivalent but ultimately efficacious economic processes. Wine pioneered this Janus-faced situation, the AOC system in the 1990s being generalized to all types of agricultural product in France. A huge bureaucratic apparatus underpins and makes possible the AOC system. For a region and product to gain AOC protection, much energy is expended by collectives of producers and other interested parties like regional development and tourism officials. The French State employs a wide range of expert—oenological, anthropological, climatological, etc.—who police the AOC classificatory mechanisms (Barham).Terroirisation ProcessesFrench forms of legal classification, and the broader cultural classifications which underpin them and generated them, very much influenced the EU’s PDO system. The latter uses a language of authenticity rooted in place first developed in France (DeSoucey). The French model has been generalized, both from wine to other foodstuffs, and around many parts of Europe and the world. An Old World idea has spread to the New World—paradoxically so, because it was the perceived threat posed by the ‘placeless’ wines and decontextualized grapes of the New World which stimulated much of the European legislative measures to protect terroir (Marks).Paxson shows how artisanal cheese-makers in the US, appropriate the idea of terroir to represent places of production, and by extension the cheeses made there, that have no prior history of being constructed as terroir areas. Here terroir is invented at the same time as it is naturalised, made to seem as if it simply points to how physical place is directly expressed in a manufactured product. By defining wine or cheese as a natural product, claims to authenticity are themselves naturalised (Ulin). Successful terroirisation brings commercial benefits for those who engage in it, creating brand distinctiveness (no-one else can claim their product expresses that particularlocation), a value-enhancing aura around the product which, and promotion of food tourism (Murray and Overton).Terroirisation can also render producers into virtuous custodians of the land who are opposed to the depredations of the industrial food and agriculture systems, the categories associated with terroir classifying the world through a binary opposition: traditional, small-scale production on the virtuous side, and large-scale, “modern” harvesting methods on the other. Such a situation has prompted large-scale, industrial wine-makers to adopt marketing imagery that implies the “place-based” nature of their offerings, even when the grapes can come from radically different areas within a region or from other regions (Smith Maguire). Like smaller producers, large companies also decouple the advertised imagery of terroir from the mundane realities of industry and profit-margins (Beverland).The global transportability of the terroir concept—ironic, given the rhetorical stress on the uniqueness of place—depends on its flexibility and ambiguity. In the French context before WWII, the phrase referred specifically to soil and micro-climate of vineyards. Slowly it started mean to a markedly wider symbolic complex involving persons and personalities, techniques and knowhow, traditions, community, and expressions of local and regional heritage (Smith Maguire). Over the course of the 20th century, terroir became an ever broader concept “encompassing the physical characteristics of the land (its soil, climate, topography) and its human dimensions (culture, history, technology)” (Overton 753). It is thought to be both natural and cultural, both physical and human, the potentially contradictory ramifications of such understanding necessitating subtle distinctions to ward off confusion or paradox. Thus human intervention on the land and the vines is often represented as simply “letting the grapes speak for themselves” and “allowing the land to express itself,” as if the wine-maker were midwife rather than fabricator. Terroir talk operates with an awkward verbal balancing act: wine-makers’ “signature” styles are expressions of their cultural authenticity (e.g. using what are claimed as ‘traditional’ methods), yet their stylistic capacities do not interfere with the soil and micro-climate’s natural tendencies (i.e. the terroir’sphysical authenticity).The wine-making process is a case par excellence of a network of humans and objects, or human and non-human actants (Latour). The concept of terroir today both acknowledges that fact, but occludes it at the same time. It glosses over the highly problematic nature of what is “real,” “true,” “natural.” The roles of human agents and technologies are sequestered, ignoring the inevitably changing nature of knowledges and technologies over time, recognition of which jeopardises claims about an unchanging physical, social and technical order. Harvesting by machine production is representationally disavowed, yet often pragmatically embraced. The role of “foreign” experts acting as advisors —so-called “flying wine-makers,” often from New World production cultures —has to be treated gingerly or covered up. Because of the effects of climate change on micro-climates and growing conditions, the taste of wines from a particular terroir changes over time, but the terroir imaginary cannot recognise that, being based on projections of timelessness (Brabazon).The authenticity referred to, and constructed, by terroir imagery must constantly be performed to diverse audiences, convincing them that time stands still in the terroir. If consumers are to continue perceiving authenticity in a wine or winery, then a wide range of cultural intermediaries—critics, journalists and other self-proclaiming experts must continue telling convincing stories about provenance. Effective authenticity story-telling rests on the perceived sincerity and knowledgeability of the teller. Such tales stress romantic imagery and colourful, highly personalised accounts of the quirks of particular wine-makers, omitting mundane details of production and commercial activities (Smith Maguire). Such intermediaries must seek to interest their audience in undiscovered regions and “quirky” styles, demonstrating their insider knowledge. But once such regions and styles start to become more well-known, their rarity value is lost, and intermediaries must find ever newer forms of authenticity, which in turn will lose their burnished aura when they become objects of mundane consumption. An endless cycle of discovering and undermining authenticity is constantly enacted.ConclusionAuthenticity is a category held by different sorts of actors in the wine world, and is the means by which that world is held together. This situation has developed over a long time-frame and is now globalized. Yet I will end this paper on a volte face. Authenticity in the wine world can never be regarded as wholly and simply a social construction. One cannot directly import into the analysis of that world assumptions—about the wholly socially constructed nature of phenomena—which social scientific studies of other domains, most notably culture industries, work with (Peterson, Authenticity). Ways of thinking which are indeed useful for understanding the construction of authenticity in some specific contexts, cannot just be applied in simplistic manners to the wine world. When they are applied in direct and unsophisticated ways, such an operation misses the specificities and particularities of wine-making processes. These are always simultaneously “social” and “natural”, involving multiple forms of complex intertwining of human actions, environmental and climatological conditions, and the characteristics of the vines themselves—a situation markedly beyond beyond any straightforward notion of “social construction.”The wine world has many socially constructed objects. But wine is not just like any other product. Its authenticity cannot be fabricated in the manner of, say, country music (Peterson, Country). Wine is never in itself only a social construction, nor is its authenticity, because the taste, texture and chemical elements of wine derive from complex human interactions with the physical environment. Wine is partly about packaging, branding and advertising—phenomena standard social science accounts of authenticity focus on—but its organic properties are irreducible to those factors. Terroir is an invention, a label put on to certain things, meaning they are perceived to be authentic. But the things that label refers to—ranging from the slope of a vineyard and the play of sunshine on it, to how grapes grow and when they are picked—are entwined with human semiotics but not completely created by them. 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