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Man clinging to esky rescued after Hurricane Milton ravages entire state

A man has been dramatically rescued after he drifted more than 50km out to sea after being hit by the terrifying storm of Hurricane Milton. The record-breaking storm system ravaged the US state of Florida on Thursday, as the death toll has risen to 14 at the time of writing. One fisherman survived the storm by clinging to an esky and was rescued by the US Coast Guard in the Gulf of Mexico after his boat was stranded overnight in dangerous waters. “This man survived in a nightmare scenario for even the most experienced mariner,” Lieutenant Commander Dana Grady of the US Coast Guard said of the dramatic rescue. “To understand the severity of the hurricane conditions, we estimate he experienced approximately 75 to 90mph winds, 20- to 25-foot (six to seven metre ) seas, for an extended period of time to include overnight." “He survived because of a lifejacket, his emergency position indicating locator beacon and a cooler.” The storm swept through the city of Tampa, causing widespread destruction throughout the south-east of the state, with many residents now dealing with power outages and extensive debris. Amongst those stranded during the flash flooding were 135 residents of an aged care home, with many wheelchair-bound residents spending the night sitting in water up to their waste before they were rescued the next morning. “This is a neighbourhood that doesn’t have a lot … They’ve lost everything,” Hillsborough County Sheriff Chad Chronister told CNN. “These are people who live day-to-day and they have nothing … Your heart shatters for these people.” Florida Governor Ron DeSantis said, “We’ll survey the damage and get people back on their feet – we’ll get through this.” Image credits: Instagram - US Coast Guard

Travel Trouble

USA medallist shares shocking state of Olympic bronze

An Olympic medallist has shared the shocking state of his bronze medal, just one week after winning it. US skateboarder Nyjah Huston won bronze in the Men’s Street event on his skateboard at the Paris Olympics, and returned to the USA after his win. Huston, 29, has been staying in Laguna Beach in California, enjoying his break with friends and soaking up the sun as well as showing off his new medal. However, the medal is no longer looking as clean as it was when awarded to him, as she showed off in a video he posted to Instagram. In the clip, the medal could be seen looking battered and peeling. Hutson insisted that the quality of the metal may not be as “high” as he initially thought and called for it to be improved. He said, “Alright, so the medals look great when they are brand new." “But they look worse after I let them sit on my skin with some sweat for a little while and let my friends wear them over the weekend." “They are apparently not as high quality as you would think. I mean look at that thing, it is looking rough." “Even the front is starting to chip off a little so I think the Olympic medals need to step up the quality a little bit.” In a separate post, he added, “Medal looking like it went to war and back. I guess the medals are meant to be in cases. Not meant for the send.” Huston then posted a follower’s reply to his Instagram story that read, “Looks like ya won that thing in 1982 mate.” Many were quick to comment on his post, assuming the medals would be of higher quality. One person wrote, “What a piece of trash from the Olympics,” while another asked, “Did you keep the receipt?” Image credits: Instagram

Travel Trouble

Grease star's emotional tribute to Olivia ahead of state memorial

It's been six months since Olivia Newton-John passed away, breaking hearts of entertainment lovers everywhere. Now, her celebrity friends and family have begun arriving in Melbourne for her state memorial on Sunday, with thousands of fans joining to pay their respects. Among those sharing fond memories of Australia's sweetheart is Olivia's long-time friend and Grease co-star Didi Conn, who starred as Frenchy alongside Newton-John as Sandy. In an interview with Today Extra, Didi became emotional while reminiscing on a sweet moment from the set of the hit 1978 musical. "It's not good when you can't talk, you know, on a talk show," Conn said as she tried to compose herself. Didi revealed the first scene she filmed with Newton-John, sharing that the Aussie was actually quite nervous, but that was the moment they became great friends. "We were waiting for them to set up the shot and I just looked at her and she was shaking," she said. "I said 'Oh, Sandy, I'm so happy to have a friend from Australia, tell me all about Australia' and she looked at me like 'is this in the script?'" Olivia then cottoned on that Didi was improvising and by the time the cameras started rolling she was much more comfortable thanks to that little bit of help. "When the scene ended, she hugged me and that was the beginning of our friendship," she said. The women shared over 40 years of friendship and she revealed one of the last sweet moments she got to share with her. "I hadn't spoken to her in a couple of months and I called her and she said, 'why haven't we spoken?'," Conn said. Conn had been unwell recently and Newton-John was in hospital with a broken leg. "The next day I received this gorgeous orchid plant, it was beautiful with so many buds," she said. "The day before she left Earth, one of the buds fell down and I thought, oh no, and sure enough, I heard the news." "But her beauty will last forever, in everyone's heart, because she had the biggest heart, she was the most beautiful person." Image credits: Paramount Pictures / Today Extra

Caring

Five things to do in Dubai

Since recently winning the bid to hold the Expo 2020, Dubai continues to cement it’s position as one of the travel hotspots you should be adding to you to-do list. A thriving metropolis with world-class attractions on its doorstep. Furthermore, the city stretches some 40 kilometers along the coast, a straight up-and-down journey from one place to the next. Taxis are cheap and plentiful and now, with the metro up and running, getting around is all too easy. Offering culture mixed with newfangled architecture and a melting pit of cultures thanks to its large expat population, it’s an experience like no other. A couple of tips for those interested in visiting, Dubai is a Muslim emirate. So while it is relaxed compared to other areas in the UAE, you should be respectful of their ways such as covering up even though it can often be very hot. Covering ones shoulders and wearing trousers or skirt to the knee should be enough. Also, while there is plenty of alcohol to be had, drinking is limited to licensed venues that are housed in hotels. Other than that, there is a lot to explore and amazing things to see in the Arabian city. Enjoy! The Burj buidlings Both the Burj Khalifa  and the Burj Al Arab are sites to behold. The Khalifa is the most amazing of the two. As the tallest structure on the planet, it's impossible to miss from the moment you arrive in Dubai. The opportunity to view the city from the observation deck on the 134th floor is not to be missed – either day or night, the view is truly spectacular. Then the Burj Al Arab is the world’s only seven-star hotel and has been an icon for Dubai for many years now. From the aquariums that flank the escalator to the underwater seafood restaurant or the exotic glass elevator, it is all eye candy for new visitors. Definitely stop in for high tea or cocktails in the Skyview Bar, but book at least a week in advance. The Dubai Mall    You’ve likely heard of the infamous shopping in Dubai and until you experience Dubai Mall, you won't really understand the scale of its amazement. It is simply huge, with something for everyone inside. The shopping and eating are almost a side attraction. With a 22-screen cinema; an indoor theme park, called Sega World; a world for children, called Kidzania; a giant Aquarium with an underwater zoo; and a full-sized ice rink you, will want for little. Just be sure to be wearing comfortable shoes. To top it all off is the Dubai Fountain, which has shows – set to music – every evening at 6. Walk down Jumeirah Beach Walk Locally known as JBR, it is the largest single-phase residential construction in the world. Made up of 36 towers dotted along the beach front in Dubai Marina, JBR is a lovely, wide promenade flanked on one side by shops, cafes and restaurants and on the other by a single-lane road. This is the ideal spot to enjoy a leisurely meal while people and car watching. You’re guaranteed to see some jaw-dropping sites such as a gold-plated Porsche Cayenne, a two-tone Ferrari or a monkey or cheetah hanging out a local’s car window as they drive by. Desert safari Be sure to book in a desert safari. There are many carriers you can choose from, but most include a camel ride, four-wheel driving and a traditional Arabic BBQ in the desert complete with belly dancers. Arabian Adventures is known to be one of the best to book with. Souk it up   Whatever you do, don’t leave Dubai without visiting at least one souk. Some of the better ones include the Old Souk for textiles and materials, The Gold Souk for some great deals on gold and the Meena Bazaar. Walking through the souks offers a real chance to soak up the Arabic culture, shop like a local and come home with some fabulous Middle Eastern treasures. Image: Getty Images

International Travel

Iran: protesters call for move to a non-religious state. What changes would that bring?

My friend was in Tehran during protests after <a href="https://www.reuters.com/world/middle-east/events-iran-since-mahsa-aminis-arrest-death-custody-2022-10-05/" target="_blank" rel="noopener">the death</a> of Mahsa Amini while in the custody of the morality police (Gasht-e Ershad). My friend went into a grocery shop intending to buy milk. The seller refused to sell anything to her. “Why are you refusing?” she asked. “I can see that you have milk.” “Because you are wearing a hijab,” the seller responded. This is part of a backlash by those who see themselves as oppressed by the Islamic Republic’s discriminatory hijab law, which prosecutes women for not “covering up”. The term hijab is an Arabic word meaning cover. It’s used to refer to different types of covering, from a long-sleeved coat, pants and scarf to the Islamic government’s preferred form of dress, chador, which is a loose-fitting black cloth worn over the entire body. After Mahsa Amini’s killing in September, mass protests broke out over this law and its enforcement. Wearing hijab became obligatory for all Iranian women from April 1983, after the 1979 revolution. Since then, all women have been forced by law to wear hijab (a covering of hair and or body) in public, even non-Muslims and foreigners visiting Iran. If they don’t they face prosecution. The government of Iran, the Islamic Republic, argues that God commands women to wear hijab. This is a government which has leaders who are members of the clergy and merged religious beliefs into state law. But even some Islamic scholars argue that the Qur'an does not suggest that hijab should be <a href="https://yalebooks.yale.edu/book/9780300257311/women-and-gender-in-islam/" target="_blank" rel="noopener">compulsory</a>. Mahsa Amini’s case is polarising Iran: those who rigorously advocate the hijab and religious law are set against those who prefer a <a href="https://time.com/6216024/iran-protests-islamic-republic-response/" target="_blank" rel="noopener">secular state</a>, not run by religious values. This has led the nation to <a href="https://www.theguardian.com/world/2022/oct/26/iran-at-least-15-killed-after-gunmen-attack-shrine-in-shiraz" target="_blank" rel="noopener">the current upheaval</a>, with <a href="https://www.theguardian.com/world/2022/oct/08/are-hijab-protests-the-beginning-of-the-end-for-irans-regime" target="_blank" rel="noopener">vast</a> protests across the country, and <a href="https://www.bbc.co.uk/news/world-middle-east-63410577" target="_blank" rel="noopener">people being killed</a>. At many protests the Iranian resistance chant is <a href="https://www.politico.eu/article/iran-protests-women-life-freedom-mahsa-amini-killing/" target="_blank" rel="noopener">Zan, Zendegi, Azadi</a> (#WomenLifeFreedom) is heard. The protesters call for life and liberty to be applicable to everyone (religious and non-religious). A big part of <a href="https://theconversation.com/iran-protests-majority-of-people-reject-compulsory-hijab-and-an-islamic-regime-surveys-find-191448" target="_blank" rel="noopener">the motivation</a> behind these protests is to challenge how the current religious law takes away the right of women to choose what to wear. <h2>What is secularism?</h2> Secularism is the idea that states should be <a href="https://academic.oup.com/book/1881/chapter-abstract/141631825?redirectedFrom=fulltext" target="_blank" rel="noopener">neutral about religion</a>. The state should not <a href="https://www.theguardian.com/commentisfree/2012/feb/16/what-mean-secular-state-neutral" target="_blank" rel="noopener">back</a> a specific religion over others. A secular state <a href="https://anthrosource.onlinelibrary.wiley.com/doi/abs/10.1111/j.1548-1360.2011.01117.x" target="_blank" rel="noopener">provides</a> equal opportunity for religious and non-religious citizens to pursue their lives. The state must respect everyone’s values (including minorities), not just some people’s values. Secularism seems reasonable <a href="https://academic.oup.com/book/28394" target="_blank" rel="noopener">to many</a> because it is unusual for an entire nation to believe in a religion as one source of law. Some <a href="https://www.tandfonline.com/doi/abs/10.1080/00263206.2019.1643330" target="_blank" rel="noopener">scholars of Islam</a> disagree with the established interpretation of the Islamic Republic about whether God has commanded a mandatory hijab. As a result, they claim that hijab is not about covering hair but about “modesty”. Some others challenge <a href="https://www.theguardian.com/world/2022/oct/12/iran-hijab-law-protest-ali-larijani" target="_blank" rel="noopener">the way</a> the morality police treat women in the street. While some people might be railing against women being forced to wear the hijab, others continue to feel strongly about its continued use. <a href="https://www.rferl.org/a/iran-qom-women-hijab/31929986.html" target="_blank" rel="noopener">Reports</a> say that Iranian authorities have closed some coffee shops because of the “improper” hijab of some female customers. And more <a href="https://english.alaraby.co.uk/news/iran-detains-woman-eating-breakfast-without-hijab" target="_blank" rel="noopener">recently</a>, a woman was arrested for eating breakfast in a café with no hijab. <h2>Iranian history of secularism</h2> Modern debates about secularism in Iran can be traced back to the <a href="https://www.bloomsbury.com/us/irans-constitutional-revolution-9780755649235/" target="_blank" rel="noopener">Constitutional Revolution</a> in 1906. It advocated <a href="https://iranicaonline.org/articles/constitutional-revolution-i" target="_blank" rel="noopener">liberalism and secularism</a> and began conversations about a society without religious rules for all. Iranians experienced enforced secularisation shortly after Reza Shah Pahlavi was <a href="https://www.britannica.com/biography/Reza-Shah-Pahlavi" target="_blank" rel="noopener">crowned</a> in 1925. In 1936 he issued a decree <a href="https://www.brookings.edu/opinions/iran-and-the-headscarf-protests/" target="_blank" rel="noopener">Kashf-e hijab</a> that any public expression of religious faith, including wearing hijab, was illegal. Again, this was a leader was telling women what to wear. However, his attempt to militantly secularise and westernise Iran faced <a href="https://www.taylorfrancis.com/chapters/mono/10.4324/9780203060636-22/banning-veil-consequences-dr-stephanie-cronin" target="_blank" rel="noopener">resistance</a> from society. The overthrow of the Pahlavi dynasty in 1979 led to the establishment of a militant Islamic government based on <a href="https://www.icit-digital.org/books/islam-and-revolution-writings-and-declarations-of-imam-khomeini-1941-1980" target="_blank" rel="noopener">Shia Muslim teachings</a>. After the hijab became <a href="https://www.mei.edu/publications/irans-headscarf-politics" target="_blank" rel="noopener">mandatory</a>, it became a symbol of compulsory faith. It has also played a significant role in pushing some parts of the Iranian population towards a more secular state. In 2022 Iran is experiencing some dramatic shifts, including what appears to be a shift towards secularism. Some argue that secularism is an <a href="https://www.nytimes.com/1979/05/25/archives/khomeini-terms-secular-critics-enemies-of-islam-dictatorship-of-the.html" target="_blank" rel="noopener">enemy</a> of religion or a product of <a href="https://nyupress.org/9780814795644/democracy-in-modern-iran/" target="_blank" rel="noopener">western colonisation</a>. Despite the majority of Iranians considering themselves <a href="https://gamaan.org/wp-content/uploads/2020/09/GAMAAN-Iran-Religion-Survey-2020-English.pdf" target="_blank" rel="noopener">religious</a>, some evidence shows that Iranians are <a href="https://theconversation.com/iran-protests-majority-of-people-reject-compulsory-hijab-and-an-islamic-regime-surveys-find-191448" target="_blank" rel="noopener">less religious</a> than before. Since the Islamic revolution there’s been a lot of research about how Iran could work as a <a href="https://www.routledge.com/Secularization-of-Islam-in-Post-Revolutionary-Iran/Pargoo/p/book/9780367654672" target="_blank" rel="noopener">secular</a> society and about religious <a href="https://brill.com/view/book/9789047400714/B9789047400714_s006.xml" target="_blank" rel="noopener">tolerance</a>. The current protest movement, led mainly by <a href="https://www.mei.edu/publications/irans-rising-generation-z-forefront-protests" target="_blank" rel="noopener">Gen Z in Iran</a>, is growing partly because of its use of the internet and social media to communicate and share information. People can also learn from other nations’ experiences of secularism through social media. This is why the regime is <a href="https://www.theguardian.com/science/audio/2022/oct/06/why-is-the-government-in-iran-shutting-down-the-internet-podcast" target="_blank" rel="noopener">shutting down</a> the internet and censoring YouTube, Instagram and Twitter. <a href="https://gamaan.org/wp-content/uploads/2022/03/GAMAAN-Political-Systems-Survey-2022-English-Final.pdf" target="_blank" rel="noopener">One poll</a> suggests that more than 60% of Iranians now want a non-religious state, the question is whether those in power are willing to give it to them. This article originally appeared on <a href="https://theconversation.com/iran-protesters-call-for-move-to-a-non-religious-state-what-changes-would-that-bring-193198" target="_blank" rel="noopener">The Conversation</a>. Image: Sky News

Legal

"Am I the only one?" Magda reveals the alarming state of her health

Magda Szubanski has shared the details of her various health conditions, revealing she has battled several illnesses throughout her life. The actress and comedian, 61, listed her various health woes in an interview with <a href="https://www.nowtolove.com.au/tvweek" target="_blank" rel="nofollow noreferrer noopener">TV Week</a> magazine, and said she wondered if there were others with similar problems. "There are times in my life I've been absolutely blighted by illness," she said. "Osteoarthritis, migraines, anxiety - I also suffer from sleep apnoea - and that leads me to ask, 'Am I the only one who feels like this? Are other people feeling the same way? Do they have the same challenges?'" she added. The frank admission comes just days after Magda called for <a href="https://www.oversixty.co.nz/health/body/magda-szubanski-calls-for-fat-people-to-be-protected-from-online-hate-speech" target="_blank" rel="noopener">vilification rules</a> to be put in place for "fat people" online, only to be blasted by her following. The comedian shared the controversial tweet in which she wondered why "fat" people are not "protected" from hate speech online. She wrote, "It's interesting to me that you are banned from attacking just about every identity on Twitter except being fat. Why are we not protected from vilification?" Szubanski was then blasted by several heartless online users, as she received comments such as, "Have another Snickers bar. Sounds like your blood sugar is low," and "Lose some weight then." Image credits: Getty Images

Body

Iran protest at enforced hijab sparks online debate and feminist calls for action across Arab world

Iranian authorities have cracked down on protests which erupted after the death in custody of a 22-year-old woman who was arrested by the morality police for not wearing the hijab appropriately. The <a href="https://www.bbc.co.uk/news/world-middle-east-62986057" target="_blank" rel="noopener">death of Mahsa Amini</a> who was reportedly beaten after being arrested for wearing her hijab “improperly” sparked street protests. Unrest has spread across the country as women burned their headscarves to protest laws that force women to wear the hijab. Seven people are reported to have been killed, and the government has almost completely <a href="https://twitter.com/netblocks/status/1572651793355603972" target="_blank" rel="noopener">shut down</a> the internet. But in the Arab world – including in Iraq, where I was brought up – the protests have attracted attention and women are <a href="https://twitter.com/i/spaces/1RDGlaVekMMJL/peek" target="_blank" rel="noopener">gathering online</a> to <a href="https://twitter.com/EsraaMAA1/status/1572373663164538882?s=20&t=sP2kn4dJ7RZUSqWT6GDr6w" target="_blank" rel="noopener">offer solidarity</a> to Iranian women struggling under the country’s harsh theocratic regime. The enforcement of the hijab and, by extension, guardianship over women’s bodies and minds, are not exclusive to Iran. They manifest in different forms and degrees in many countries. In Iraq, and unlike the case of Iran, forced wearing of the hijab <a href="https://www.mei.edu/publications/constitutional-and-legal-rights-iraqi-women" target="_blank" rel="noopener">is unconstitutional</a>. However, the ambiguity and contradictions of much of the constitution, particularly <a href="https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en" target="_blank" rel="noopener">Article 2</a> about Islam being the primary source of legislation, has enabled the condition of forced hijab. Since the 1990s, when Saddam Hussein launched his <a href="https://www.theguardian.com/world/2005/jan/24/iraq.rorymccarthy1" target="_blank" rel="noopener">Faith Campaign</a> in response to economic sanctions imposed by the UN security council, pressure on women to wear the hijab has become widespread. Following the US-led invasion of the country, the situation worsened under the rule of Islamist parties, many of whom have close ties to Iran. Contrary to the claim in 2004 by US president <a href="https://georgewbush-whitehouse.archives.gov/news/releases/2004/03/20040312-5.html" target="_blank" rel="noopener">George W. Bush</a> that Iraqi people were “now learning the blessings of freedom”, women have been enduring the heavy hand of patriarchy perpetuated by Islamism, militarisation and tribalism, and exacerbated by the influence of Iran. Going out without a hijab in Baghdad became a daily struggle for me after 2003. I had to put on a headscarf to protect myself wherever I entered a conservative neighbourhood, especially during the years of sectarian violence. Flashbacks of pro-hijab posters and banners hanging around my university in central Baghdad have always haunted me. The situation has remained unchanged over two decades, with the hijab <a href="http://www.idu.net/modblank.php?mod=news&modfile=print&itemid=25626" target="_blank" rel="noopener">reportedly imposed</a> on children and little girls in primary and secondary schools. A <a href="https://www.bbc.com/arabic/trending-62985885" target="_blank" rel="noopener">new campaign</a> against the enforced wearing of the hijab in Iraqi public schools has surfaced on social media. Natheer Isaa, a leading activist in the <a href="https://twitter.com/Nathereisaa" target="_blank" rel="noopener">Women for Women</a> group, which is leading the campaign, told me that hijab is cherished by many conservative or tribal members of society and that backlashes are predictable. Similar campaigns were suspended due to threats and online attacks. Women posting on social media with the campaign hashtag #notocompulsoryhijab, have attracted <a href="https://twitter.com/am_m_zhs/status/1571931577491275782?s=20&t=Y9fneuMxJufMq7RgcRMsSg" target="_blank" rel="noopener">reactionary tweets</a> accusing them of being anti-Islam and anti-society. Similar accusations are levelled at Iranian women who defy the regime by taking off or burning their headscarves. Iraqi Shia cleric, Ayad Jamal al-Dinn <a href="https://twitter.com/hiba_alnnayib/status/1572696301363666944?s=20&t=n1UixEREr2gur81vBChBgA" target="_blank" rel="noopener">lashed out</a> against the protests on his Twitter account, labelling the protesting Iranian women “anti-hijab whores” who are seeking to destroy Islam and culture. <h2>Cyberfeminists and reactionary men</h2> In my <a href="https://warwick.ac.uk/fac/soc/pais/research/projects/internationalrelationssecurity/cyberfeminisms/" target="_blank" rel="noopener">digital ethnographic work</a> on cyberfeminism in Iraq and other countries, I have encountered numerous similar reactions to women who question the hijab or decide to remove it. Women who use their social media accounts to reject the hijab are often met with sexist attacks and threats that attempt to shame and silence them. Those who openly speak about their decision to take off the hijab receive the harshest reaction. The hijab is linked to women’s honour and chastity, so removing it is seen as defiance. Women’s struggle with the forced hijab and the backlash against them challenges the prevailing cultural narrative that says wearing the hijab is a free choice. While many women freely decide whether to wear it or not, others are obliged to wear it. So academics need to revisit the discourse around the hijab and the conditions perpetuating the mandatory wearing of it. In doing so it is important to move away from the false dichotomies of culture versus religion, or the local versus the western, which obscure rather than illuminate the root causes of forced hijab. In her academic <a href="https://journals.sagepub.com/doi/abs/10.1177/0141778919849525" target="_blank" rel="noopener">research</a> on gender-based violence in the context of the Middle East, feminist academic Nadje al-Ali emphasises the need to break away from these binaries and recognise the various complex power dynamics involved – both locally and internationally. The issue of forcing women to wear the hijab in conservative societies should be at the heart of any discussion about women’s broader fight for freedom and social justice. Iranian women’s rage against compulsory hijab wearing, despite the security crackdown, is part of a wider women’s struggle against autocratic conservative regimes and societies that deny them agency. The collective outrage in Iran and Iraq invites us to challenge the compulsory hijab and those imposing it on women or perpetuating the conditions enabling it. As one Iraqi female activist told me: “For many of us, hijab is like the gates of a jail, and we are the invisible prisoners.” It is important for the international media and activists to bring their struggle to light, without subscribing to the narrative that Muslim women need saving by the international community. This article originally appeared on <a href="https://theconversation.com/iran-protest-at-enforced-hijab-sparks-online-debate-and-feminist-calls-for-action-across-arab-world-191178" target="_blank" rel="noopener">The Conversation</a>. Image: Twitter

Travel Trouble

State-run German museums disclose works acquired during Nazi era

A Munich-based foundation that oversees the art collections of museums located throughout the titular German state is set to publicly disclose the origins of over 1,000 works acquired during the Nazi rule. The Bavarian State Painting Collections is launching an extensive database that includes information regarding over 1,200 paintings that researchers have found were acquired during the National Socialist period, or had ownership links to Nazi officials. There are a series of artworks that were given to museums and galleries during this time that are often subject to legal claims from descendants of persecuted Jewish families. Operating since 1999, a specialised unit dedicated to origin research has been reviewing all the ownership records of each and every artwork in the Bavarian State Paintings Collections that were created before 1945, and have been acquired since 1933. Throughout the database notes, a statement will accompany each artwork to alert people of its proper origins. This protocol is in keeping with the 1998 Washington Principles and the 1999 Joint Declaration of the Federal Government, both of which mounted calls for greater transparency surrounding the provenances of artworks believed to be subject to restitution claims. Other initiatives have been put into practice around the world, with <a href="https://oversixty.com.au/entertainment/art/new-york-museums-now-required-to-acknowledge-art-stolen-under-nazi-rule">museums and galleries in New York</a> now now legally required to acknowledge art stolen under the Nazi regime. The new state law requires New York museums to display signage alongside works of art from before 1945 that are known to have been stolen or forcibly sold during the Nazi rule. According to legislation and expert testimony, the Germans looted 600,000 works of art during World War II. Image credits: Getty Images

Art

Judith Durham farewelled at state memorial

Judith Durham, the lead singer of The Seekers, has been farewelled at a state memorial with tributes from her bandmates, family, and fellow musicians, as well as the performance of an unreleased song featuring her vocals. The memorial was held on September 6, just over a month after Durham passed away at the age of 79 following complications from chronic lung disease. Band member Athol Guy unveiled the song, Carry Me, which was written by fellow Seekers member Bruce Woodley, during Tuesday night’s service to honour Durham. "This song is now our collective gift to share with you tonight as we celebrate Judith's magnificent gifts to us all," Guy said. "May it carry her safely on the rest of her journey." He said the song was written for someone needing inner peace. “That’s probably the space that a lot of us are in as we’re here tonight.” Other musical tributes, mainly hits from The Seekers, came from Durham’s sister Beverley Sheehan, The Wiggles, Dami Im, Vika and Linda Bull, David Campbell, and Deborah Cheetham. The Georgy Girl singer’s nephew, Tony Sheehan, spoke on behalf of the family at the service, saying that Durham’s mother had wished her daughters would not be tone deaf. “She got her wish,” he said to laughter from the audience. Sheehan said his aunt was always destined to be a musician, having told her sister as a child “that one day, she’d sing on all the stages of the world”. He went on to describe her as a deeply generous and optimistic person, even when faced with death. “Judith faced death as she faced everything: with calm and strength,” Sheehan said. “We will miss you but we are so proud of you.” Durham’s sister and fellow singer Beverley recalled their love of music that had been shared since childhood. “We'd [sing together] early in the morning and my father would have to come in and say: 'that's enough, your mother can't sleep'," she said. She went on to perform The Jelly Bean Blues, accompanied by jazz band The Syncopators. "This perhaps could be the hardest thing I've ever had to do," she said. Guy, Woodley, and fellow The Seekers bandmate Keith Protger each took to the stage to share their admiration for Durham. "It's a real surreal experience for me, standing on this Hamer Hall stage without Judith," said Potger. "We shared triumphs and adventures on this very platform. "You're not really gone, because your picture is on my wall and your boundless spirit and love will be in my heart forever." Woodley praised Durham for her “bravery and single-mindedness” as she continued to perform even while battling serious lung disease. “Her bravery and single-mindedness in overcoming the enormous physical obstacles that life threw at her has always been an inspiration to me," he said. "Quite often, the boys and I would hear her in her dressing room coughing her heart out a few minutes before a show and thinking to ourselves, 'there's no way she's going to sing tonight'. "Wrong." Guy said the band hoped to celebrate their 60th anniversary at Hamer Hall as initially planned, before introducing Carry Me. "Here's our last song together," he said. Images: Judith Durham Official (Facebook), Victorian Government

Music

United States returns stolen artefacts to Cambodia

The United States have given back 30 artefacts that were allegedly stolen by a late antiquities dealer, who had been accused of leading a trafficking network that resold objects that were looted from the country. Among the objects that were officially returned to the country was a 10th-century sculpture of the Hindu god Skanda atop a peacock. Deeming the work a “masterpiece,” authorities in New York alleged that the late antiquities dealer Douglas Latchford had stolen the sculpture in 1997 and subsequently sold it for $1.5 million. The Skanda sculpture had come from the ancient Khmer capital of Koh Ker, which is also where a 10th-century sculpture of Ganesha that allegedly passed through Latchford’s hands was once located. The Ganesha sculpture was also given back to Cambodia, along with several other artefacts. While the US District Attorney’s office did not place a monetary value on the artefacts, the works returned were of great spiritual and artistic significance. Ricky J. Patel, a special agent with Homeland Security, said in a statement, “These antiquities we returned were ripped from their country. Beyond their extraordinary beauty and craftsmanship, many are sacred artefacts pried from temples and palaces to be smuggled across borders and peddled by those seeking profit, without any regard to the intangible value they have to the people of their homeland.” The artefacts are due to go on display in a museum in Cambodia later this year. Image credits: Getty Images

Art

Flow state, exercise and healthy ageing: 5 unexpected benefits of singing

Singing with others feels amazing. Group singing <a href="https://www.nature.com/articles/s41599-020-00549-0">promotes social bonding</a> and has been <a href="https://journals.sagepub.com/doi/10.1177/03057356211042668">shown to</a> raise oxytocin (the “bonding hormone”) and decrease cortisol (the “stress hormone”). But it’s not just about singing in groups. There are many unexpected ways singing is good for you, even if you’re on your own. Singing is a free and accessible activity which can help us live happier, healthier and more fulfilling lives. And before you protest you are “<a href="https://doi.org/10.1196/annals.1360.018">tone deaf</a>” and “can’t sing”, research shows <a href="https://doi.org/10.1177/0022429420951630">most people</a> can sing accurately in tune, so let’s warm up those voices and get singing. <h2>1. Singing gets you in the zone</h2> If you’ve ever lost track of time while doing something slightly challenging but enjoyable, you’ve likely experienced <a href="https://www.headspace.com/articles/flow-state">the flow state</a>. Some people refer to this feeling as being “in the zone”. According to <a href="https://positivepsychology.com/perma-model/">positive psychology</a>, flow, or deep engagement in a task, is considered one of the key elements of well-being. Research has shown singing can induce the flow state in <a href="https://journals.sagepub.com/doi/10.1177/0305735619899137">expert singers</a> and <a href="https://www.frontiersin.org/articles/10.3389/fnhum.2015.00518/full">group singing</a>. One way to get into this flow state is through improvisation. Try your hand at some <a href="https://psyche.co/ideas/the-jazz-singers-mind-shows-us-how-to-improvise-through-life-itself">vocal improvisation</a> by picking one phrase in a song you know well and playing around with it. You can improvise by slightly changing the melody, rhythm, even the lyrics. You may well find yourself lost in your task – if you don’t realise this until afterwards, it is a sign you’ve been in flow. <h2>2. Singing gets you in touch with your body</h2> Singers make music with the body. Unlike instrumentalists, singers have no buttons to push, no keys to press and no strings to pluck. Singing is a deeply <a href="https://doi.org/10.1177/10298649211062730">embodied activity</a>: it reminds us to get in touch with our whole selves. When you’re feeling stuck in your head, try singing your favourite song to reconnect with your body. Focus on your breathing and the physical sensations you can feel in your throat and chest. Singing is also a great way to raise your awareness of any physical tensions you may be holding in your body, and there is increasing interest in the intersection between <a href="https://journals.sagepub.com/doi/full/10.1177/0305735617729452">singing and mindfulness</a>. <h2>3. Singing as exercise</h2> We often forget singing is a fundamentally physical task which most of us can do reasonably well. When we sing, we are making music with the larynx, the vocal tract and other articulators (including your tongue, lips, soft and hard palates and teeth) and the respiratory system. Just as we might jog to improve our cardiovascular fitness, we can exercise the voice to improve our singing. <a href="http://thevoiceworkshop.com/somatic-voicework/">Functional voice training</a> helps singers understand and use their voice according to optimal physical function. Singing is increasingly being used to help improve <a href="https://www.jvoice.org/article/S0892-1997(16)30442-8/fulltext">respiratory health</a> for a wide range of health conditions, including those with chronic obstructive pulmonary disease, Parkinson’s, asthma and cancer. Because singing provides such a great workout for the respiratory system, it is even being used <a href="https://www.eno.org/eno-breathe/about-the-eno-breathe-programme/">to help people</a> suffering from long COVID. <h2>4. Singing builds psychological resources</h2> Group singing can help combat social isolation and <a href="https://journals.sagepub.com/doi/10.1177/0733464815577141">create new social connections</a>, help people <a href="http://journals.sagepub.com/doi/10.1177/0305735620944230">cope with caring burdens</a> and <a href="https://doi.org/10.1080/17533015.2019.1624584">enhance mental health</a>. Studies show these psychological benefits flow because group singing promotes new social identities. When we sing with others we identify with, we build inner resources like belonging, meaning and purpose, social support, efficacy and agency. <h2>5. Singing for “super-ageing”</h2> “<a href="https://ana-neurosurgery.com/want-to-be-a-superager/">Super-agers</a>” are people around retirement age and older whose cognitive abilities (such as memory and attention span) <a href="https://www.jneurosci.org/content/36/37/9659">remain youthful</a>. Research conducted by distinguished psychologist and neuroscientist Lisa Feldman Barrett and her lab suggest the best-known way to become a superager is <a href="https://www.nytimes.com/2016/12/31/opinion/sunday/how-to-become-a-superager.html?referringSource=articleShare">to work hard at something</a>. Singing requires the complex coordination of various physical components — and that’s just to make a sound! The artistic dimension of singing includes memorisation and interpretation of lyrics and melodies, understanding and being able to hear the underlying musical harmony, sensing rhythm and much more. These characteristics of singing make it an ideal candidate as a super-ageing activity. Image credits: Getty Images This article originally appeared on <a href="https://theconversation.com/flow-state-exercise-and-healthy-ageing-5-unexpected-benefits-of-singing-180415" target="_blank" rel="noopener">The Conversation</a>.

Music

‘Patently ridiculous’: State government failures have exacerbated Sydney’s flood disaster

For the fourth time in 18 months, floodwaters have inundated homes and businesses in Western Sydney’s Hawkesbury-Nepean Valley. Recent torrential rain is obviously the immediate cause. But poor decisions by successive New South Wales governments have exacerbated the damage. The town of Windsor, in the Hawkesbury region, has suffered a particularly high toll, with dramatic flood heights of 9.3 metres in February 2020, 12.9m in March 2021 and 13.7m in March this year. As I write, flood heights at Windsor have reached nearly 14m. This is still considerably lower than the monster flood of 1867, which reached almost 20m. It’s clear that standard flood risk reduction measures, such as raising building floor levels, are not safe enough in this valley. We’ve known about the risk of floods to the region for a long time. Yet successive state governments have failed to properly mitigate its impact. Indeed, recent urban development policies by the current NSW government will multiply the risk. <blockquote class="twitter-tweet"> BBC weather putting Sydney’s downpour into context. More rain there in 4 days than London gets in a year. <a href="https://t.co/FDkBCYGlK7">pic.twitter.com/FDkBCYGlK7</a> — Brett Mcleod (@Brett_McLeod) <a href="https://twitter.com/Brett_McLeod/status/1544071890431623169?ref_src=twsrc%5Etfw">July 4, 2022</a></blockquote> We knew this was coming A 22,000 square kilometre catchment covering the Blue Mountains and Western Sydney drains into the Hawkesbury-Nepean river system. The system faces an <a href="https://theconversation.com/sydneys-disastrous-flood-wasnt-unprecedented-were-about-to-enter-a-50-year-period-of-frequent-major-floods-158427" target="_blank" rel="noopener">extreme flood risk</a> because gorges restrict the river’s seaward flow, often causing water to rapidly fill up the valley after heavy rain. Governments have known about the flood risks in the valley for more than two centuries. Traditional Owners have known about them for millennia. In 1817, Governor Macquarie lamented: <blockquote> it is impossible not to feel extremely displeased and Indignant at [colonists] Infatuated Obstinacy in persisting to Continue to reside with their Families, Flocks, Herds, and Grain on those Spots Subject to the Floods, and from whence they have often had their prosperity swept away. </blockquote> Macquarie’s was the first in a long line of governments to do nothing effective to reduce the risk. The latest in this undistinguished chain is the NSW Planning Minister Anthony Roberts. In March, Roberts <a href="https://www.smh.com.au/national/nsw/nsw-planning-minister-scraps-order-to-consider-flood-fire-risks-before-building-20220321-p5a6kc.html" target="_blank" rel="noopener">reportedly revoked</a> his predecessor’s directive to better consider flood and other climate risks in planning decisions, to instead favour housing development. Roberts’ predecessor, Rob Stokes, had required that the Department of Planning, local governments and developers consult Traditional Owners, manage risks from climate change, and make information public on the risks of natural disasters. This could have helped limit development on floodplains. <blockquote class="twitter-tweet"> Michael Greenway knows that as soon as he sees floodwater, it’s time to get the three boxes of family photos and move to higher ground. He’s lived in his Richards home for years and has experienced six floods - three of which have been this year <a href="https://t.co/t8Tgckc5lx">https://t.co/t8Tgckc5lx</a> <a href="https://twitter.com/hashtag/NSWFloods?src=hash&ref_src=twsrc%5Etfw">#NSWFloods</a> <a href="https://t.co/ErN6sf6hBn">pic.twitter.com/ErN6sf6hBn</a> — Laura Chung (@Laura_R_Chung) <a href="https://twitter.com/Laura_R_Chung/status/1543890156675276800?ref_src=twsrc%5Etfw">July 4, 2022</a></blockquote> Why are we still building there? The Hawkesbury-Nepean Valley is currently home to 134,000 people, a population <a href="https://www.infrastructure.nsw.gov.au/expert-advice/hawkesbury-nepean-flood-risk-management-strategy/" target="_blank" rel="noopener">projected to</a> double by 2050. The potential <a href="https://theconversation.com/to-stop-risky-developments-in-floodplains-we-have-to-tackle-the-profit-motive-and-our-false-sense-of-security-184062?utm_source=twitter&utm_medium=bylinetwitterbutton" target="_blank" rel="noopener">economic returns</a> from property development are a key driver of the <a href="http://www.jstor.org/stable/26393302" target="_blank" rel="noopener">lack of effective action</a> to reduce flood risk. In the valley, for example, billionaire Kerry Stokes’ company Seven Group is <a href="https://www.smh.com.au/national/how-raising-the-warragamba-dam-wall-could-be-a-win-for-billionaire-kerry-stokes-20220222-p59yke.html" target="_blank" rel="noopener">reportedly a part owner</a> of almost 2,000 hectares at Penrith Lakes by the Nepean River, where a 5,000-home development has been mooted. Planning in Australia often uses the 1-in-100-year flood return interval as a safety standard. <a href="https://nccarf.edu.au/living-floods-key-lessons-australia-and-abroad/" target="_blank" rel="noopener">This is not appropriate</a>. Flood risk in the valley is increasing with climate change, and development in the catchment increases the speed of runoff from paved surfaces. The historical 1-in-100 year safety standard is particularly inappropriate in the valley, because of the extreme risk of rising water cutting off low-lying roads and completely submerging residents cut-off in extreme floods. What’s more, a “medium” climate change scenario will see a <a href="https://www.infrastructure.nsw.gov.au/expert-advice/hawkesbury-nepean-flood-risk-management-strategy/resources/publications-and-resources/" target="_blank" rel="noopener">14.6% increase</a> in rainfall by 2090 west of Sydney. This is projected to increase the 1-in-100 year flood height at Windsor from 17.3m to 18.4m. The NSW government should impose a much higher standard of flood safety before approving new residential development. In my view, it would be prudent to only allow development that could withstand the 20m height of the 1867 flood. No dam can control the biggest floods The NSW government’s primary proposal to reduce flood risk is to <a href="https://www.infrastructure.nsw.gov.au/expert-advice/hawkesbury-nepean-flood-risk-management-strategy/" target="_blank" rel="noopener">raise Warragamba Dam</a> by 14m. There are many reasons this <a href="https://www.giveadam.org.au/" target="_blank" rel="noopener">proposal should be questioned</a>. They include the potential inundation not just of <a href="https://www.smh.com.au/national/traditional-owners-launch-federal-bid-to-stop-raising-of-warragamba-dam-wall-20210128-p56xkt.html" target="_blank" rel="noopener">cultural sites</a> of the Gundungarra nation, but threatened species populations, and part of the Blue Mountains World Heritage Area. The <a href="https://www.infrastructure.nsw.gov.au/media/2855/infrastructure-nsw-resilient-valley-resilient-communities-2017-jan.pdf" target="_blank" rel="noopener">cost-benefit analysis</a> used to justify the proposal <a href="https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-submission-details.aspx?pk=65507" target="_blank" rel="noopener">did not count</a> these costs, nor the benefits of alternative measures such as upgrading escape roads. Perversely, flood control dams and levee banks often result in higher flood risks. That’s because none of these structures stop the biggest floods, and they provide an illusion of safety that justifies more risky floodplain development. The current NSW transport minister <a href="https://www.smh.com.au/national/nsw/emergency-minister-says-raising-dam-wall-could-lead-to-more-development-on-floodplain-20210329-p57evo.html" target="_blank" rel="noopener">suggested such development</a> in the valley last year. Similar development occurred with the construction of the Wivenhoe Dam in 1984, which hasn’t prevented extensive flooding in <a href="http://www.jstor.org/stable/26393302" target="_blank" rel="noopener">Brisbane</a> in 2011 and 2022. These are among the reasons the NSW Parliament Select Committee on the Proposal to Raise the Warragamba Dam Wall <a href="https://www.parliament.nsw.gov.au/committees/listofcommittees/Pages/committee-details.aspx?pk=262#tab-reportsandgovernmentresponses" target="_blank" rel="noopener">recommended</a> last October that the state government: <blockquote> not proceed with the Warragamba Dam wall raising project [and] pursue alternative floodplain management strategies instead. </blockquote> What the government should do instead The NSW government now has an opportunity to overcome two centuries of failed governance. It could take substantial measures to keep homes off the floodplain and out of harm’s way. We need major <a href="https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-submission-details.aspx?pk=65507" target="_blank" rel="noopener">new measures</a> including: <ul> <li>preventing new development</li> <li>relocating flood prone residents</li> <li>building better evacuation roads</li> <li>lowering the water storage level behind Warragamba Dam.</li> </ul> The NSW government should help residents to relocate from the most flood-prone places and restore floodplains. This has been undertaken for many Australian towns and cities, such as <a href="https://www.sciencedirect.com/science/article/pii/S2212420914000028" target="_blank" rel="noopener">Grantham</a>, Brisbane, and <a href="https://nccarf.edu.au/living-floods-key-lessons-australia-and-abroad" target="_blank" rel="noopener">along major rivers worldwide</a>. <a href="https://www.mdpi.com/2073-4441/5/4/1580/htm#B10-water-05-01580" target="_blank" rel="noopener">Relocating residents isn’t easy</a>, and any current Australian buyback and relocation programs are voluntary. I think it’s in the public interest to go further and, for example, compulsorily acquire or relocate those with destroyed homes, rather than allowing them to rebuild in harm’s way. This approach offers certainty for flood-hit people and lowers community impacts in the longer term. It is patently ridiculous to rebuild on sites that have been flooded multiple times in two years. In the case of the Hawkesbury-Nepean Valley, there are at least <a href="https://www.theaustralian.com.au/nation/politics/federal-government-insurers-stop-housing-in-floodrisk-zones/news-story/cba71269eff2b0ea00d93445ff0e9f73" target="_blank" rel="noopener">5,000 homes</a> below the 1-in-100-year flood return interval. This includes roughly <a href="https://www.hawkesburygazette.com.au/story/7657492/near-1000-flood-related-home-insurance-claims-already-in-hawkesbury/" target="_blank" rel="noopener">1,000 homes flooded</a> in March. The NSW government says a buyback program would be <a href="https://www.smh.com.au/politics/nsw/farcical-minister-shoots-down-flood-relocation-says-residents-know-the-risks-20220308-p5a2qg.html" target="_blank" rel="noopener">too expensive</a>. Yet, the cost would be comparable to the roughly $2 billion needed to raise Warragamba Dam, or the government’s $5 billion WestInvest fund. An alternative measure to raising the dam is to lower the water storage level in Warragamba Dam by 12m. This would reduce the amount of drinking water stored to supply Sydney, and would provide some flood control space. The city’s water supply would then need to rely more on the existing desalination plant, a <a href="http://www.sciencedirect.com/science/article/pii/S1364032116001817" target="_blank" rel="noopener">strategy assessed as cost effective</a> and with the added benefit of bolstering drought resilience. The flood damage seen in NSW this week was entirely predictable. Measures that could significantly lower flood risk are expensive and politically hard. But as flood risks worsen with climate change, they’re well worth it.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/186304/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/jamie-pittock-7562" target="_blank" rel="noopener">Jamie Pittock</a>, Professor, Fenner School of Environment & Society, <a href="https://theconversation.com/institutions/australian-national-university-877" target="_blank" rel="noopener">Australian National University</a> This article is republished from <a href="https://theconversation.com" target="_blank" rel="noopener">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/patently-ridiculous-state-government-failures-have-exacerbated-sydneys-flood-disaster-186304" target="_blank" rel="noopener">original article</a>.

Legal

US Senate to vote on abortion rights bill – but what would it mean to codify Roe into law?

The U.S. Senate is <a href="https://www.npr.org/2022/05/11/1097980529/senate-to-vote-on-a-bill-that-codifies-abortion-protections-but-it-will-likely-f">expected to vote on May 11, 2022</a>, on a bill that would enshrine the right to an abortion into law. The Democrats’ bill, the <a href="https://www.congress.gov/bill/117th-congress/house-bill/3755/text">Women’s Health Protection Act</a>, isn’t expected to pass – a previous attempt was blocked by the Senate. But it reflects attempts by abortion rights advocates to find alternative ways to protect a woman’s right to the procedure following the publication of a <a href="https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473">leaked draft opinion</a> from Justice Samuel Alito indicating that a majority on the Supreme Court intend to overturn Roe v. Wade. But is enshrining abortion rights via legislation feasible? And why has it not been done before? The Conversation put these questions and others to <a href="https://www.bu.edu/law/profile/linda-c-mcclain/">Linda C. McClain</a>, an expert on civil rights law and feminist legal theory at Boston University School of Law. What does it mean to ‘codify’ Roe v. Wade? In simple terms, to <a href="https://www.law.cornell.edu/wex/codify#:%7E:text=To%20codify%20means%20to%20arrange,by%20subject%2C%20into%20a%20code.">codify something</a> means to enshrine a right or a rule into a formal systematic code. It could be done through an act of Congress in the form of a federal law. Similarly, state legislatures can codify rights by enacting laws. To codify Roe for all Americans, Congress would need to pass a law that would provide the <a href="https://www.nytimes.com/2022/05/03/us/what-is-roe-v-wade.html">same protections that Roe</a> did – so a law that states that women have a right to abortion without excessive government restrictions. It would be binding for all states. But here’s the twist: Despite some politicians saying that they want to “codify Roe,” Congress isn’t looking to enshrine Roe in law. That’s because <a href="https://www.oyez.org/cases/1971/70-18">Roe v. Wade</a> hasn’t been in place since 1992. The Supreme Court’s <a href="https://www.oyez.org/cases/1991/91-744">Planned Parenthood. v. Casey</a> ruling affirmed it, but also modified it in significant ways. In Casey, the court upheld Roe’s holding that a woman has the right to choose to terminate a pregnancy up to the point of fetal viability and that states could restrict abortion after that point, subject to exceptions to protect the life or health of the pregnant woman. But the Casey court concluded that Roe too severely limited state regulation prior to fetal viability and held that states could impose restrictions on abortion throughout pregnancy to protect potential life as well as to protect maternal health – including during the first trimester. Casey also introduced the “<a href="https://reproductiverights.org/wp-content/uploads/2020/12/WWH-Undue-Burden-Report-07262018-Edit.pdf">undue burden” test</a>, which prevented states from imposing restrictions that had the purpose or effect of placing unnecessary barriers on women seeking to end a pregnancy prior to viability of the fetus. What is the Women’s Health Protection Act? Current efforts to pass federal legislation protecting the right to abortion center on the proposed <a href="https://www.congress.gov/bill/117th-congress/house-bill/3755/text">Women’s Health Protection Act</a>, introduced in Congress by Rep. Judy Chu and sponsored in the Senate by Sen. Richard Blumenthal in 2021. It was passed in the House, but was <a href="https://time.com/6152473/abortion-roe-v-wade-democrats/">blocked in the Senate</a>. Democrats put the bill forward for a procedural vote again after Alito’s draft opinion was made public. Supporters of the bill are still expected to fall short of the votes they need. Rather, the vote is being used, in the <a href="https://www.npr.org/2022/05/10/1097820801/senate-democrats-plan-a-vote-on-abortion-rights-but-its-unlikely-to-pass">words of Democratic Sen. Amy Klobuchar</a>, “to show where everyone stands” on the issue. The legislation would build on the undue burden principle in Casey by seeking to prevent states from imposing unfair restrictions on abortion providers, such as insisting a <a href="https://www.vice.com/en/article/vbnqw4/abortion-clinics-are-closing-because-their-doorways-arent-big-enough">clinic’s doorway is wide enough</a> for surgical gurneys to pass through, or that <a href="https://www.guttmacher.org/state-policy/explore/targeted-regulation-abortion-providers">abortion practitioners need to have admitting privileges</a> at nearby hospitals. The Women’s Health Protection Act uses the language of the Casey ruling in saying that these so-called TRAP (Targeted Regulation of Abortion Providers) laws place an “undue burden” on people seeking an abortion. It also appeals to Casey’s recognition that “the ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.” Has the right to abortion ever been guaranteed by federal legislation? You have to remember that Roe was very controversial from the outset. At the time of the ruling in 1973, most states had restrictive abortion laws. Up to the late 1960s, a <a href="https://www.nytimes.com/1973/01/28/archives/gallup-poll-finds-public-divided-on-abortions-in-first-3-months.html">majority of Americans opposed abortion</a>. A poll at the time of Roe found the public evenly split over legalization. To pass legislation you have to go through the democratic process. But if the democratic process is hostile to what you are hoping to push through, you are going to run into difficulties. Under the U.S. system, certain liberties are seen as so fundamental that protecting them should not be left to the whims of changing democratic majorities. Consider something like interracial marriage. Before the Supreme Court ruled in <a href="https://www.oyez.org/cases/1966/395">Loving v. Virginia State</a> that banning interracial marriages was unconstitutional, a number of states still banned such unions. Why couldn’t they pass a law in Congress protecting the right to marry? It would have been difficult because at the time, the <a href="https://news.gallup.com/poll/163697/approve-marriage-blacks-whites.aspx">majority of people were against</a> the idea of interracial marriage. When you don’t have sufficient public support for something – particularly if it is unpopular or affects a non-majority group – appealing to the Constitution seems to be the better way to protect a right. That doesn’t mean you can’t also protect that right through a statute, just that it is harder. Also, there is no guarantee that legislation passed by any one Congress isn’t then repealed by lawmakers later on. So generally, rights have more enduring protection if the Supreme Court rules on them? The <a href="https://www.supremecourt.gov/about/constitutional.aspx">Supreme Court has the final word</a> on what is and isn’t protected by the Constitution. In the past, it has been seen as sufficient to protect a constitutional right to get a ruling from the justices recognizing that right. But this leaked opinion also points out that one limit of that protection is that the Supreme Court may overrule its own precedents. Historically, it is unusual for the Supreme Court to take a right away. Yes, they said the <a href="https://www.oyez.org/cases/1850-1900/163us537">Plessy v. Ferguson ruling</a> – which set up the legal basis for separate-but-equal – was wrong, and overruled it in <a href="https://www.oyez.org/cases/1940-1955/347us483">Brown v. Board of Education</a>. But Brown recognized rights; it didn’t take rights away. If Alito’s draft ruling is to be the final word, the Supreme Court will be taking away a right that has been in place since 1973. For what I believe is the first time since the end of the Lochner era, the Supreme Court would be overriding precedent to take away a constitutional right from Americans. While Justice Alito notes that, in 1937, the Court overruled “an entire line” of cases protecting “an individual liberty right against federal health and welfare legislation,” that “right” to economic liberty and freedom of contract was as much one of businesses as much as for individuals. The Court has not overruled of the long line of cases (in which Roe and Casey fit) protecting “liberty” in making significant decisions about intimacy, sexuality, family, marriage, and reproduction. Moreover, the leaked opinion is dismissive of the idea that women have to rely on constitutional protection. “Women are not without electoral or political power,” <a href="https://www.politico.com/news/2022/05/02/read-justice-alito-initial-abortion-opinion-overturn-roe-v-wade-pdf-00029504">Alito writes</a>, adding: “The percentage of women who register to vote and cast ballots is consistently higher than the percentage of men who do so.” But this ignores the fact that women <a href="https://www.nbcnews.com/think/opinion/roe-v-wade-overturned-supreme-court-abortion-draft-alitos-legal-analys-rcna27205">rarely make up close to half</a> of the members of most state legislative bodies. So are the promises to get Congress to protect abortion rights realistic? Republicans in the Senate successfully blocked the proposed Women’s Health Protection Act. And unless things change dramatically in Congress, there isn’t much chance of the bill becoming law. There has been talk of trying to <a href="https://www.reuters.com/legal/government/us-supreme-court-abortion-move-sparks-calls-ending-senates-filibuster-2022-05-04/">end the filibuster rule</a>, which requires 60 votes in the Senate to pass legislation. But even then, the 50 votes that would be needed might not be there. What we don’t know is how this Supreme Court leak will affect the calculus. Maybe some Republican senators will see that the writing is on the wall and vote with Democrats. Republican senators Susan Collins and Lisa Murkowski <a href="https://www.collins.senate.gov/newsroom/senators-collins-and-murkowski-introduce-bill-to-codify-supreme-court-decisions-on-reproductive-rights_roe-v-wade-and-planned-parenthood-v-casey">introduced legislation</a> earlier this year that would codify Roe in law, but isn’t as expansive as the Women’s Health Protection Act. Senator Collins has <a href="https://www.washingtonpost.com/politics/2022/05/05/sen-collins-voices-opposition-legislation-that-would-create-statutory-right-abortion/">recently indicated</a> that she will not support the Act out of concern for religious liberty of anti-abortion health providers. And then we have the midterm elections in November, which might shake up who’s in Congress. If the Democrats lose the House or fail to pick up seats in the Senate, the chances of pushing through any legislation protecting abortion rights would appear very slim. Democrats will be hoping that the Supreme Court ruling will mobilize pro-abortion rights voters. What is going on at a state level? Liberal states like Massachusetts have <a href="https://www.boston.com/news/policy/2020/12/29/massachusetts-senate-override-abortion-access/">passed laws that codify Roe v. Wade</a>. Now that the Supreme Court’s apparent intentions are known, expect similar moves elsewhere. Massachusetts and other states are looking to go a step further by <a href="https://www.npr.org/2022/05/01/1095813226/connecticut-abortion-bill-roe-v-wade">protecting residents who help out-of-state women</a> seeking abortion. Such laws would seemingly counter moves by states like Missouri, which is seeking to <a href="https://www.latimes.com/opinion/story/2022-03-11/editorial-missouri-might-make-it-illegal-to-help-a-woman-get-an-abortion-elsewhere-thats-ridiculous">push through legislation that would criminalize helping women</a> who go out of state for abortions. Wouldn’t any federal law just be challenged at the Supreme Court? Should Congress be able to pass a law enshrining the right to abortion for all Americans, then surely some conservative states will seek to overturn the law, saying that the federal government is exceeding its authority. If it were to go up to the Supreme Court, then conservative justices would presumably look unfavorably on any attempt to limit individual states’ rights when it comes to abortion. Similarly, any attempt to put in place a federal law that would restrict abortion for all would seemingly conflict with the Supreme Court’s position that it should be left to the states to decide. This is an updated version of an article <a href="https://theconversation.com/what-would-it-mean-to-codify-roe-into-law-and-is-there-any-chance-of-that-happening-182406">originally published on May 5, 2022</a>.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/182908/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/linda-c-mcclain-1343287">Linda C. McClain</a>, Professor of Law, <a href="https://theconversation.com/institutions/boston-university-898">Boston University</a> This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/us-senate-to-vote-on-abortion-rights-bill-but-what-would-it-mean-to-codify-roe-into-law-182908">original article</a>. Image: Getty Images

Legal

Howzat! Tickets now up for grabs for Warnie's state funeral

Over 50,000 people will be able to join Shane Warne’s family in farewelling the iconic cricketer at his state funeral - but those who miss out on the coveted tickets can still pay their respects. Victorian Premier Dan Andrews revealed that tickets for the service - due to be held at the Melbourne Cricket Ground on March 30 - will be free, with <a href="https://www.vic.gov.au/state-memorial-service-shane-warne" target="_blank" rel="noopener">online booking</a> starting at 3pm on Tuesday. The Premier took to Twitter to share new details about the service on Tuesday morning. “We’ve got some details locked in for Warnie’s memorial at the MCG,” Mr Andrews wrote. “And don’t worry - if you can’t make it, the memorial will be livestreamed.” <blockquote class="twitter-tweet"> We've got some details locked in for Warnie's memorial at the MCG. The service will begin at 7pm, 30 March. Free tickets will be available for booking from today at 3pm, at <a href="https://t.co/qXOL7WTyrk">https://t.co/qXOL7WTyrk</a> And don't worry - if you can't make it, the memorial will be livestreamed. — Dan Andrews (@DanielAndrewsMP) <a href="https://twitter.com/DanielAndrewsMP/status/1505998214381850625?ref_src=twsrc%5Etfw">March 21, 2022</a></blockquote> It is expected that at least 50,000 fans will be joining Warne’s family and friends, as well as dignitaries and invited guests at the MCG. These guests will include former and current cricketers, and Prime Minister Scott Morrison has confirmed he will be attending. Others including Coldplay frontman Chris Martin and UK pop star Ed Sheeran have also expressed their interest in being involved in the event, as reported by the <a href="https://www.dailymail.co.uk/sport/cricket/article-10637171/Shane-Warne-memorial-services-tickets-available-TODAY.html" target="_blank" rel="noopener">Daily Mail</a>, while Warne’s ex-fiancee Elizabeth Hurley is understood to be trying to make the service. Most of the tickets will be available for the Great Southern Stand, which will be renamed the Shane Warne Stand in tribute. The service is due to commence from 7pm, with attendees - who must be fully vaccinated - required to be seated by 6.45pm. Depending on demand, more tickets may become available. Members of the public can submit online tributes to the cricket icon until April 10, and the family has requested that donations be made to the Florey Institute of Neuroscience and Mental Health in lieu of flowers. Cricket grounds across Australia are also understood to be live streaming events paying tribute to Warne following his death on March 4. NSW Premier Dominic Perrottet said the final details for the event at the Sydney Cricket Ground are still being finalised, but that it would be run alongside the Melbourne event and would be unticketed with free entry. “We are working through that at the moment with (Venues NSW chairman) Tony Shepherd and the team at Cricket Australia,” Mr Perrottet said. “We want to run those events alongside each other. Obviously, we will live stream the memorial service in the MCG - that’s incredibly important. “I think it’s important that we provide the opportunity for people to come to the cricket ground and pay their respects to Shane and to his family and friends.” The SCG service will include live tributes to Warne - who holds the record for the most test wickets at the grounds - and footage of his achievements. Venue NSW chairman Tony Shepherd said Mr Perrottet, Sports Minister Stuart Ayres, and former Prime Minister John Howard were also invited to the SCG memorial. A spokesperson from Cricket Australia told the <a href="https://www.dailytelegraph.com.au/news/nsw/shane-warne-memorial-service-to-be-held-at-sydney-cricket-ground/news-story/5f3bc78ad88382c7ce3e0644b7ca1d4b" target="_blank" rel="noopener">Daily Telegraph</a> other cricket grounds were considering hosting services, including Adelaide Oval. “The SCG has expressed its intention to live stream Shane Warne’s memorial service and is of course welcome to do so,” they said. “Other grounds around Australia including Adelaide Oval are understood to be considering doing the same thing.” Image: Getty Images

Caring

New details revealed for Shane Warne's state funeral

Tributes have continued to pour in for cricketing legend Shane Warne as details of his state funeral begin to emerge. Warne’s youngest daughter, Summer, took to Instagram to share a heartbreaking tribute to her last moments with her dad, prompting responses from his ex-wife Elizabeth Hurley. “Moments before the world took you away from me, we were jamming to Summer of 69 and I’ve Had The Time Of My Life,” Summer wrote. “Talking about how much you loved that song and seeing your smile light up the whole room while we danced and couldn’t stop laughing at each other. “Little did I know it was the last time I would ever see you dad 💗.” <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CazatrEFGiU/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CazatrEFGiU/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by Summer Warne 💎 (@summerwarne)</a> </div> </blockquote> Hurley responded to Summer’s post, writing: “I love you Summer. Your daddy worshipped you 💗.” Summer replied: “Love u so much.” Damien Hurley and Summer's brother Jackson also replied to her tribute with supportive messages. “I love you Summer, I’m always going to be here for you 💗,” her brother wrote. “I love you so much,” Damien commented. It is expected Warnie will be farewelled at the MCG on Wednesday March 30, with a private family ceremony expected to be held at the end of next week. Though detailed discussions have been held with the Melbourne Cricket Club, all plans are on hold until the cricketer’s body is repatriated. As Thai authorities work through their official processes to release his remains, which they have fast-tracked, it is expected Warne’s body will be picked up on Wednesday. “The Department of Foreign Affairs and Trade (DFAT) is assisting the family of Shane Warne with the return of his body to Australia,” DFAT said in a statement. “Owing to the family’s request for privacy, we will not be providing further comment.” Though unauthorised to speak publicly, three sources with detailed knowledge of the plan for Warne’s memorial have confirmed that March 30 was the favoured date, per the <a href="https://www.dailytelegraph.com.au/sport/shane-warne-mcg-memorial-set-for-march-30-as-cricket-stars-body-flown-home-in-private-jet/news-story/643e8ba3fa19ca6038079bb9e28a8f2b?utm_source=DailyTelegraph&utm_medium=email&utm_campaign=Editorial&utm_content=DT_PREM-AM_CUR_02&net_sub_id=325889887&type=free_text_block&position=1&overallPos=5" target="_blank" rel="noopener">Daily Telegraph</a>. Holding the service on March 29 was the subject of some discussions, but its clash with the federal budget would have prevented Prime Minister Scott Morrison and other senior Canberra figures from attending. Family plans are also unconfirmed, though the end of next week was the early favoured option. Eddie McGuire, who worked with Warne to create the Melbourne Stars, has been tipped to be the master of ceremonies at the state service, while a VIP guest list could include close friends of Warne such as singer Ed Sheeran. Sheeran spoke to Warne in the days leading up to his death where they mourned the anniversary of music promoter Michael Gudinski’s passing. “The world keeps taking incredible people away,” Sheeran said following Warne’s death. He was granted an exemption from Australia’s tough border rules to attend Gudinski’s funeral, and has a break between gigs in the UK in which he could potentially attend Warne’s service. However, a full list of speakers and confirmation of any musical acts is still to be confirmed. Image: @ShaneWarne (Twitter)

Caring

Man slammed online after blaming wife for “embarrassing” state of house

A man has been judged unworthy by the online community after complaining that his wife, a stay-at-home mother, didn’t clean the house well enough prior to the last-minute arrival of his guests. The 36-year-old <a rel="noopener" href="https://www.reddit.com/r/AmItheAsshole/comments/s25jy2/aita_for_telling_my_wife_that_it_was_embarrassing/" target="_blank">took to Reddit’s ‘AmIthe**hole’ section</a> to ask whether he was in the wrong for telling his wife their house was “embarrassing” after inviting guests over at short notice. To provide some context, the man wrote that he was the breadwinner of the family, while his wife stayed home and looked after their three children, all of whom are under ten. “My wife does her best to keep up with the cleaning and keeping the house tidy and I feel for her, I really do, so I told her she doesn’t have to clean up all the time since the kids are running up and down all day and making huge messes,” he wrote. He continued to say that the only caveat to their deal was that she had to ensure the house was clean when they had guests visiting, “and she agreed with me”. “Well, the other day I brought over some friends from work and when I opened the door all I could see was an utter mess, food and toys and clutter everywhere,” he recounted. “I was shocked, I was embarrassed and just mortified that my friends saw my home looking like this. “Also I have a couple of guys who came over for the first time so the first impression must’ve been horrible to them.” The man said he took his friends to the “least messy” part of the house, but they kept “making indirect comments about the state of the home” and giving him “weird looks” during their visit. “I was livid, I waited til they left then went into the bedroom to see that my wife was actually sleeping, I woke her up to ask why she didn’t tidy up the house knowing I was going to bring friends over,” he continued. “She said she didn’t know but I sent her a text letting her know and she said she didn’t see it. I told her it seemed like she did see the text but decided to ignore it? She said no but she wasn’t feeling well and had a headache so she thought of getting an hour-long nap. “I told her that it was so, so embarrassing that the house looked like this when my friends came over and that this was avoidable had she cleaned up and prepared the house for the guests.” His wife said the kids had caused the mess and that he should have double-checked with her about the guests visiting, which he said was blaming him for “her own actions (or lack of)”. He continued to say she was partly to blame for the house being “out of control” and in an “embarrassing” state. His wife then called him a “jerk” and left the room, and continued not to speak to him about the situation. Many users were quick to share their judgement that he was in the wrong for multiple reasons. However, moderators were forced to lock the thread after commentors violated Reddit’s ‘Be Civil’ clause. <img style="width: 500px; height:84.13461538461539px;" src="https://oversixtydev.blob.core.windows.net/media/7846873/reddit.png" alt="" data-udi="umb://media/c14c1dfebd0c4645bb1dafc6f07f8400" /> The Reddit thread was eventually locked to prevent more people from commenting after the site’s ‘Be Civil’ rule was violated multiple times. Image: Reddit “You basically spring this upon her, didn’t check to see if she happened to see the one (1) text where you just casually decided to spontaneously bring home people that day, and showed literally zero care that she wasn’t feeling well,” one user wrote. “SAHM stands for stay at home mum, not stay at home maid. Her priority is the children. Not to be on call to make the house look unrealistically tidy in an hour’s time.” The man later clarified that they usually communicate via text, and that it was unusual for her not to check her phone. "Even if she saw the text, who's to say that was enough time to do all the cleaning needed? Or that she didn't have another obstacle like being out of the house for the afternoon or being sick, like she was," another user said. "[You're the a--hole] for assuming she generally has tons of time to clean while parenting, for giving her inadequate notice about guests, for telling her about guests, not asking if it was okay to have guests over, for not feeling any responsibility to help clean the house the night before if you're planning on asking people over and for generally treating her like your maid and not working to come up with other solutions to keep the house to your desired cleanliness." Image: Getty Images

Relationships

Does the US have the right to sail warships through the South China Sea? And can China stop them?

Images of what appeared to be US warships <a href="https://www.theguardian.com/us-news/2021/nov/08/satellite-images-china-mock-ups-us-warships">emerged</a> from China last month, but they were not anywhere near an ocean. In fact, they were thousands of kilometres away, in a desert in western China. Military experts said the mock-ups of US warships were part of a new target range developed by the People’s Liberation Army. The images demonstrate how seriously China is taking the repeated appearances of foreign warships in waters it claims to control – and why this is a worry for the stability of the region. In late November, a US destroyer <a href="https://www.aljazeera.com/news/2021/11/23/us-warship-sails-through-taiwan-strait-first-since-biden-xi-meet">sailed</a> through the Taiwan Strait, prompting a warning from China to “stop stirring up trouble, crossing the line and playing with fire”. This followed sailings of naval ships through the strait in recent months by <a href="https://www.reuters.com/world/asia-pacific/us-canadian-warships-sailed-through-taiwan-strait-last-week-2021-10-17/">Canada</a>, <a href="https://www.taiwannews.com.tw/en/news/4314084">France</a> and <a href="https://www.theguardian.com/uk-news/2021/sep/28/uk-sends-warship-through-taiwan-straight-for-first-time-in-more-than-a-decade">the UK</a>. The aircraft carrier USS Carl Vinson, meanwhile, <a href="https://www.scmp.com/news/china/diplomacy/article/3155365/more-warships-are-raising-risk-misfire-south-china-sea">made nine visits</a> to the South China Sea this year, most recently in October when it <a href="https://www.navytimes.com/news/your-navy/2021/10/27/uss-carl-vinson-operates-in-south-china-sea-with-japan-maritime-self-defense-force/">conducted training exercises</a> with a Japanese helicopter destroyer. China has been incensed by this uptick in naval activity. Beijing claims the vast majority of the South China Sea as its own and regards self-governing Taiwan as a renegade province. In a clear demonstration of its own naval capabilities, four People’s Liberation Army Navy (PLAN) vessels <a href="https://www.alaskapublic.org/2021/09/14/coast-guard-encountered-chinese-warships-in-the-aleutians/">conducted military and surveillance operations</a> just 75km (45 miles) off the coast of Alaska in the US exclusive economic zone in late August. Both nations’ naval operations are fuelling an atmosphere of deep distrust and suspicion. Chinese commentators blame the US for turning the Taiwan Strait into a flashpoint, and characterise US transits in the South China Sea as provocative violations of China’s sovereignty. And although the passage of the PLAN vessels near Alaska was in compliance with international law, the US is concerned about China’s aims to aggressively expand its naval operations to become the dominant power in the Pacific. With tensions running high in the Pacific, where does international law come in? What does the law say about sailing vessels in disputed waters, and have China or the US and its allies violated these rules? <h2>The rule of law in the oceans</h2> The <a href="https://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm">United Nations Convention on the Law of the Sea</a> (UNCLOS) establishes the rule of law in the oceans, as well as the rights of both coastal and maritime states. For example, coastal states have the right to control and manage the resources in their exclusive economic zones (EEZ), which extend 200 nautical miles (370km) from their shores. At the same time, these zones remain international waters. This means foreign vessels have a right of innocent passage. They must travel on the surface of the water and not threaten the “peace, good order, or security of the coastal state”. Coastal states may stop foreign ships from passing through their EEZ if they deem it “non-innocent”, but the passage itself cannot be considered a threat. UNCLOS also specifies which waters fall under a state’s direct sovereign control, otherwise known as its “<a href="https://en.wikipedia.org/wiki/Territorial_waters#Territorial_sea">territorial seas</a>”. This extends at most 12 nautical miles (22km) from a nation’s coast. Some of the world’s most important waterways, such as the <a href="https://www.tandfonline.com/doi/abs/10.1080/18366503.2014.956856">Straits of Malacca</a> between Indonesia and Malaysia and the Taiwan Strait, fall into this category. Foreign ships still retain the right to pass through these territorial waters, as long as they navigate “<a href="https://www.maritime-executive.com/features/Maritime-Security-Private-The-Concept-of-Innocent-Passage">continuously and expeditiously</a>”, not stopping or anchoring. Coastal states may not prohibit or impede a vessel’s innocent transit. <h2>Ambiguity being exploited by China</h2> UNCLOS is scattered with undefined and ambiguous terms in an attempt to strike a balance between the competing interests of coastal and maritime states. This ambiguity raises the risk of clashing interpretations of the law, as well as the potential for nations to exploit it for their own purposes. China, for example, has complained US surveillance in its EEZ is not for “peaceful purposes” – an undefined term under UNCLOS. UNCLOS also does not grant sovereignty over the sea in the absolute terms that China claims. Under the convention, the sea is shared by states and no nation can claim absolute dominion over it. In recent years, China has passed domestic laws that claim to supersede international law. For example, Beijing <a href="https://www.lowyinstitute.org/the-interpreter/deliberate-ambiguity-china-s-new-territorial-waters-declaration">requires vessels</a> to seek permission before undertaking innocent passage through the South China Sea, which it considers its “territorial waters”. <img src="https://images.theconversation.com/files/437677/original/file-20211215-19-hzffee.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" alt="Chinese vessels in the South China Sea." /> Chinese vessels moored at Whitsun Reef in the South China Sea. National Task Force-West Philippine Sea/AP China also claims <a href="https://www.lowyinstitute.org/the-interpreter/how-china-bending-rules-south-china-sea">historical control</a> over the South China Sea, which is also not clearly defined under UNCLOS. Historical control over waters has been recognised under international law, but this requires a state to have had continuous authority over a sea, with the acquiescence of other nations. China’s claim to historical control over the South China Sea has been <a href="https://www.lowyinstitute.org/the-interpreter/whatever-happened-south-china-sea-ruling">dismissed</a> by an <a href="https://www.theguardian.com/world/2016/jul/12/philippines-wins-south-china-sea-case-against-china">international tribunal</a> and vigorously protested by its neighbours, as well as other nations without claims to the waters. <h2>US belief in freedom of navigation</h2> The US maintains its passages through the Taiwan Strait and South China Sea are within its rights under UNCLOS, even though it is not a signatory. (It believes the convention contains pre-existing customary rights, such as the freedom of navigation, which all nations have always enjoyed.) To maintain these rights, Washington has maintained a <a href="https://interactives.lowyinstitute.org/archive/fonops/">Freedom of Navigation Operations (FONOPS) program</a> since the late 1970s. The purpose of these operations is to ensure all nations retain their unrestricted sea transit rights as spelled out under UNCLOS. As such, FONOPS send an overt message – the US has the right to sail its warships through the South China Sea because UNCLOS permits it. There must be no ambiguity under the convention when it comes to this. China claims FONOPS are a mask for unwarranted aggression and regional interference. Beijing’s opposition is not surprising – the program contests the legality of both China’s sea claims and its attempts to restrict navigational freedom through these waters. China has no legal grounds for dismissing these international rules. However, the longer it does, the more likely the tensions in the South China Sea and Taiwan Strait are going to intensify.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;" src="https://counter.theconversation.com/content/166742/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/claudio-bozzi-8264">Claudio Bozzi</a>, Lecturer in Law, <a href="https://theconversation.com/institutions/deakin-university-757">Deakin University</a> This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/does-the-us-have-the-right-to-sail-warships-through-the-south-china-sea-and-can-china-stop-them-166742">original article</a>. Image: Mass Communication Specialist 2nd Class Samantha Jetzer/US Navy/AP

International Travel

Arabic calligraphy recognised by UNESCO

UNESCO has added Arabic calligraphy to its Intangible Cultural Heritage of Humanity list, after receiving a proposal from 16 Arabic speaking countries. The proposal was led by Saudi Arabia, which declared 2020 and 2021 as the “Year of Arabic Calligraphy”. In a statement published by the government of Saudi Arabia, Prince Badr bin Abdullah bin Farhan, the country’s Minister of Culture, said, “We welcome the inscription of Arabic calligraphy, which is the result of the Kingdom championing this treasured aspect of authentic Arabic culture.” A statement from UNESCO describes the art of Arabic calligraphy as “the artistic practice of handwriting Arabic script in a fluid manner to convey harmony, grace and beauty.” Calligraphy was originally invented to improve the legibility of Arabic script, and later became a more expressive way for artists to create unique motifs. The form has continued to evolve as artists have used different media to create the calligraphy, including honey, black soot, saffron, and even spray paint. As opposed to physical sites that are granted UNESCO World Heritage status, intangible cultural heritage applied to precious cultural practices. Other heritage practices such as games, hunting practices, dances, culinary treasures and dialects have also been recognised by UNESCO in the past. Image credits: Getty Images

Art

Bert Newton farewelled at state funeral

News

Two families unite over Christmas balloon

Christmas came for a second time for two twin sisters, after a stranger more than 100km away found a holiday wish list attached to a balloon. In December, Leticia Flores-Gonzalez had the idea for her two 4-year-olds, Luna and Gianella Gonzalez, to tie their Christmas lists to balloons and set them free above their Kansas home. With the difficult year behind them, it was their way of reaching Santa Claus. Flore-Gonzalez told CNN, “It was important doing something special for my girls because of the hard year we had during the coronavirus pandemic. I wanted them to feel like 2020 was another year spent with mom making beautiful memories.” “It was never with the purpose someone would find the balloon. I thought it would deflate and would just disappear somewhere in a tree nearby.” But someone with a white beard and a big heart did find one of the balloons. While hunting deer in Grand Cane, Louisiana in late December, Alvin Bamburg spotted one of the balloons tangled in a tree. “I saw that balloon and God spoke to me. He said, ‘You need to get this, and, second of all, you need to get the trash out of the woods,’” Bamburg told CNN. “When I got it I noticed a folded yellow piece of paper sealed with a red star, and it was a Christmas list from a girl named Luna.” <img style="width: 500px; height:280.7692307692308px;" src="https://oversixtydev.blob.core.windows.net/media/7840931/christmas-list.jpg" alt="" data-udi="umb://media/da6784e762294890ac05a1785dd3872f" /> What had Luna asked Santa for? The list included candy, a Spider Man ball, a Frozen doll, a My Little Pony toy, and a puppy. Though the holidays kept Bamburg and his wife, Lee Ann Leopard Bamburg, busy, the list stayed at the back of their minds. Once the holiday season had wound down, Bamburg shared his discovery with family and friends via a Facebook post in early January. Bamburg wrote, “Would love to know when it was launched. Looks like it traveled over 600 miles. Feel free to share.” So many people shared the post that it was eventually found by Flores-Gonzalez. “When we found out someone actually found Luna’s balloon, we were just in shock,” she said. “We couldn’t believe how kind people were; we were overwhelmed with love. That’s what really mattered.” After receiving requests to share Gianella’s list, Flores-Gonzalez did, and both girls received gifts from Bamburg’s family, friends, coworkers, and even old schoolmates. Following months of communication, the two families finally met in-person. The Bamburgs drove six hours to meet Flores-Gonzalez and the twins and gave them one final present. “We had texted, talked, and FaceTimed before we even met, and it was clear we had a connection,” Bamburg said. “When we met, it was just like meeting family.” It was during the meeting that Bamburg gave the girls a dachshund puppy, fulfilling the last of Luna’s Christmas wishes. Overjoyed, the girls quickly named the pup Max. Over a meal, the families laughed and bonded over shared values. “To us, it isn’t the amount of gifts or the value that the girls are receiving,” Flores-Gonzalez said. “It’s the love they received. It meant the world to us we see their smiles, and the lifelong friendship we have made with Alvin and his wife.” The families will continue meeting too, with their next reunion scheduled for the end of May. In the meantime, Bamburg hopes to inspire others to take a break and makes someone else’s day a little brighter. “There’s so much sadness in the world right now, the world is a freaking mess,” he said. “It’s really not hard to spread kindness, and you can never underestimate the impact even just a smile will have on someone’s day.” Image credits: CNN

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Arabic calligraphy recognised by UNESCO

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Two families unite over Christmas balloon