Okinoshima, a 200-acre island off the Japanese mainland, was announced as one of the newest additions to the UNESCO World Heritage sites list on Sunday. But globe-trotters wanting to visit Okinoshima may need to reconsider: the island bans women.

The reason behind the island’s ban is unknown, but it is commonly thought to stem from an ancient belief that menstruation makes women impure.

Men who wish to go to the sacred island also have to follow strict guidelines, including ridding themselves of their impurities by bathing naked in the ocean before coming ashore. Men are allowed only one visit per year. They must also never speak of the island, nor remove so much as a flower or blade of grass from the environment, according to Japanese newspaper The Asahi Shimbun.

The female-free land mass is manned year round by a Shinto priest who prays to the island’s gods and watches over the 17th century shrines.

The mystical island is also home to a vast collection of culturally significant and virtually intact archeological artifacts that “provide evidence of intense exchanges between the Japanese archipelago, the Korean Peninsula and the Asian continent,” according to UNESCO.

The island’s treasures and new World Heritage status would have likely attracted a number of tourists, were it not for its policy on travelers. But local officials have stated they will not loosen any rules in light of UNESCO’s decision.

UNESCO Faces Criticism

While the Japanese government welcomed the announcement of its 17th heritage site, many took to social media to express their discontent that a site banning women was given a UN commendation.

Okinoshima island's forbidden to women & Unesco thinks it's ok since there's another place forbidden to women. whatever @UNESCO #WonderWoman

— V-Lex (@VitalMilla) July 10, 2017

The UNESCO Committee debated whether Okinoshima’s inclusion as a World Heritage site would be discriminatory, but found a precedent in Mount Athos, in Greece, which also prohibits entry to women. Okinoshima’s approach to gender segregation did not constitute a sufficient reason to prevent the island from becoming a World Heritage site, according to UNESCO spokesperson Roni Amelan.

An island official refuted comments saying the practice was discriminatory, and told AFP that the ban “is meant to protect women, the birth-giving gender” because travel by sea can be dangerous.

Still, some find that the decision sends the wrong message and is directly at odds with UNESCO’s Priority Gender Equality Action Plan, which has a stated goal to “ensure that a gender equality perspective is reflected in all its policies, programs, and processes.”

Rajan Zed, president of the U.S.-based Universal Society of Hinduism, called for UNESCO Director General Irina Bokova’s resignation for failing to uphold the organization’s ideals.

“Where women are revered, there the gods are pleased; where they are not, no rite will yield any fruit,” Zed said, quoting Hindu scriptures.

Celia Heudebourg

Celia Heudebourg is an editorial intern for Law Street Media. She is from Paris, France and is entering her senior year at Macalester College in Minnesota where she studies international relations and political science. When she’s not reading or watching the news, she can be found planning a trip abroad or binge-watching a good Netflix show. Contact Celia at Staff@LawStreetMedia.com.

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To Jews, the Temple Mount is home to the remains of two temples, both destroyed by occupying powers millennia ago. To Muslims, the Dome of the Rock is where Muhammad ascended to heaven. And to Christians, the Church of the Holy Sepulchre is where Jesus was crucified and later resurrected.

On Wednesday, UNESCO’s World Heritage Committee passed a resolution to designate the area, walled off atop a hill in the Old City in east Jerusalem, as a world heritage site. But the language used–and omitted–in the resolution enraged Israel, the United States, and others in the international community who view the resolution’s mention of the site only by its Arabic name, al-Haram al-Sharif as offensive. The document also strongly condemns Israel’s role in the Israel-Palestine conflict.

The historical and cultural treasure chest is among the holiest sites in all three Abrahamic faiths: the holiest for Jews and Christians, and trailing just Mecca and Medina in Saudi Arabia, the third holiest for Muslims.

“What needs to be understood, and it will take time, is that this absurdity, which harms not only the historical truth and the truth of the present, but also harms in my opinion the U.N. itself,” said Israeli Prime Minister Benjamin Netanyahu.

Following the submission of the resolution a few weeks go, Israel severed its ties to UNESCO, and on Wednesday, Netanyahu declared he will recall Israel’s ambassador to UNESCO. Though 58 countries are members of the cultural body’s executive board, only 21 are part of its World Heritage Committee. Neither Israel, the United States, nor Palestine is a member of that committee. Ten members voted for the resolution, two voted against it, eight abstained, and one was absent.

Crystal Nix Hines, the U.S. representative of UNESCO, called the resolution “continuously one-sided and inflammatory,” with the potential of “damaging the credibility of UNESCO.”

The document is one-sided in more ways than simple semantics. For one, the resolution is titled “Occupied Palestine,” and was submitted by Algeria, Egypt, Lebanon, Morocco, Oman, Qatar, and Sudan. The language throughout the document refers to Israel as the “occupying Power,” consistently highlighting the “deplorable” behavior of Israel in its conflict with Palestine, while ignoring any of Israel’s concerns.

The site sits in the contentious Old City of east Jerusalem, which Israel annexed in the 1967 Mideast War, although the international community does not recognize that move. Sitting on the hinge of the West Bank and Israel, both Palestine and Israel consider east Jerusalem their capital.

Irina Bokova, UNESCO’s director-general who was not directly involved in the drafting or passing of the contentious resolution, offered an all-inclusive statement on Wednesday. “Nowhere more than in Jerusalem do Jewish, Christian, and Muslim heritage and traditions share space and interweave to the point that they support each other,” she said, expressing hope that the world heritage designation could “bridge the divisions that harm the multi-faith character of the Old City.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Buried treasure often seems a fantasy that doesn’t exist outside of the movies but last week, Colombia announced an archaeological discovery beyond the imagination of any Hollywood writer. The Spanish galleon San Jose, which was sunk on June 8, 1708, has been discovered off the coast of Colombia. The vessel may contain as much as $17 billion in precious metals and gems. Colombian President Juan Manuel Santos is already hailing the wreck as a major discovery for Colombia but there have been conflicting claims over who should profit from the salvage. Take a moment to learn about the bounty of the San Jose, the ongoing legal scuffle, and who stands to benefit.

History of the San Jose

The War of Spanish Succession raged from 1701 to 1714, sweeping across Europe and sending a dozen kingdoms into turmoil. The conflict sparked proxy battles in colonial territories in the Caribbean and Latin America. The Spanish relied on jewels and precious metals from their colonies to fund some of their battles in Europe and the British Empire sent ships from its holdings in the Caribbean to attack Spanish vessels carrying these treasures back to the court.

On June 8, 1708, a battle which is now referred to as Wager’s Action broke out in the early evening. A squadron of British ships commanded by Charles Wager ran into a Spanish treasure armada led by Admiral Jose Fernandez de Santillan off the cost of what is now the city of Cartagena. Wager attacked the armada, hoping to seize the treasure, but during the battle the San Jose exploded, losing its cargo and almost the entire crew to the depths of the sea. It is unclear why the ship burst into flames, but now that the wreck has been discovered, archaeologists may be able to determine the source of the explosion. Wager was able to sink another ship in the fleet, the Santa Cruz, but the rest of ships escaped him and sailed on to Cartagena. The Spanish court history recorded the loss of the San Jose’s crew in its records:

Six hundred lives had been destroyed in an instant. Most of them either were vaporized in the explosion or went to the bottom of the Caribbean with the tons of precious metal which had been destined to finance the killing of thousands more on the battlefields of Europe

Competing Claims to the Treasure

President Santos is hailing the discovery as a Colombian success, but a group of American salvage investigators, who call themselves Sea Search Armada, have contested the president’s claim. Sea Search Armada (SSA) claimed that it first found the wreck in 1982 and the Colombian government is trying to cut them out of the profits. According to the Associated Press,

Two years later, Colombia’s government overturned well-established maritime law that gives 50 percent to whoever locates a shipwreck, slashing Sea Search’s take to a 5 percent ‘finder’s fee.’…A lawsuit by the American investors in a federal court in Washington was dismissed in 2011 and the ruling was affirmed on appeal two years later.

SSA claims that the Colombian government recognized how profitable recovering the wreck could be and purposefully changed the existing law to cut out the research team which found the wreck 700 feet below the surface in 1982. The group claims that the original research team from the Glocca Morra Company (contracted by SSA) struck a deal with the Colombian government to receive 35 percent of the treasures of the San Jose. Colombia has not delivered on this deal and SSA managed to win the right to a 50 percent share to any proceeds make off of the wreck in a Colombian court case. However, the government has denied SSA’s claim to the treasure since announcing its recovery last week. The Colombian government is already planning to build a museum dedicated to the San Jose in Cartagena, hoping to draw more tourists into the site of the wreck. The SSA could potentially benefit off of the museum and the treasure itself if it appeal its case in coming months.

The litigation between the Colombian government and SSA has been brewing for decades but this week  an unexpected claimant entered the contest: Spain. Spanish Foreign Minister Jose Garcia-Margallo is obtaining more information on the wreck, hoping to build a case for returning it to its nation of origin. In a recent interview, Garcia-Margallo claimed that Spain wants to resolve any ownership conflict with Colombia in a peaceful manner but also stated that, according to a prior UNESCO convention, the wreck can be considered part of Spain’s national heritage and may fall under Spanish protection. President Santos has struck back at both American and Spanish claims, arguing that the wreck is part of Colombian national heritage and that the claimants throwing their hats into the ring have no right to the wreck. During a recent press conference, Minister of Culture Mariana Garcés discussed how the salvage of the ship was an effort organized and undertaken by Colombians. The three competing claims will most likely have to be processed in multiple courts, making it a truly international legal battle.

The Role of UNESCO

In 2009, the UNESCO Convention on the Protection of the Underwater Cultural Heritage went into effect. According to UNESCO,

Underwater cultural heritage encompasses all traces of human existence that lie or have lain underwater and have a cultural or historical character. Over the course of earth’s history, entire cities have been swallowed by the waves, and thousands of ships have perished at sea. While these ships, structures and other cultural items are not frequently visible from the water’s surface, they have survived at the bottom of lakes, seas and oceans, safely preserved by the submarine environment.  Such heritage provide testimony to various periods and aspects of our shared history; for example, the cruelty of the slave trade, the ferocity of war, the impact of natural disasters, traces of sacred ceremonies and beliefs and the peaceful exchange and intercultural dialogue between disparate regions of the globe.

The 2009 act was designed to protect these underwater sites for generations, both from the ravages of the sea and from looters who steal artifacts and sell them for personal profit. UNESCO has been criticized for being vague in the definition of “cultural heritage” and for poorly defining the procedures for how artifacts should be retrieved and restored. Spain may manipulate those ambiguities in attempts to gain ownership of the wreck of the San Jose but Colombia is not a participating member of the 2009 treaty and therefore has no binding obligation to turn the ship over to Spain. The San Jose was built in Spain but Colombia now considers the wreck to be part of its national history.

This raises an interesting question for future wrecks that pit a former colonial power against a country they once exploited. The ship itself was Spanish but the treasure came from Colombian mines and was uncovered by Colombian laborers. Spain may have been using the treasure to finance its European endeavors, but did the treasure ever truly belong to Spain or was it stolen from Colombian indigenous tribes? With access to the treasures of the wreck, archaeologists may be able to determine who held original ownership of the gold and gems using markings in the gold and shipping records to retrace where they came from. Charles Beeker, Director of the Center for Underwater Science at Indiana University, argues that the wealth aboard the San Jose was taken during conquest and should be returned to the indigenous population.

Conclusion

President Santos has announced that the retrieval of the shipwreck will take years to complete, so neither Colombians nor Americans can expect to benefit off of the San Jose immediately. However, the wreck presents an interesting challenge for policymakers trying to determine ownership of archaeological sites. Should “finder’s fees” be the only reward for researchers who unearth major archaeological finds or should we cut them a bigger piece of the pie?  Do indigenous populations have a right to treasures that were stolen from them decades ago or should colonial powers retain the wealth they captured during the height of imperialism? Discoveries like the San Jose don’t turn up every day so the legal code on how to proceed when they do is far from clear. As the Colombian government enters the international legal quagmire to defend their claim to the wreck, archaeologists and treasure hunters around the world are waiting with bated breath to see who will win the prize.

Resources

Primary

UNESCO: The World’s Underwater Cultural Heritage

Additional

CNN: Colombia Says it Found Spanish Galleon; U.S. Firm Claims Half of Treasure

Facebook: Sea Search Armada

Encyclopedia Britannica: War of the Spanish Succession

Live Science: Sunken Treasure Ship Worth Billions Possibly Found After 300 Years

CBS News: “Holy Grail” of Shipwrecks Found off Colombia

BBC News: Spain Says it has Rights to Colombian Treasure Ship

The City Paper Bogoto: The ‘Rich’ History of the San José

Law of the Sea Institute: Ensuring the Preservation of Submerged Treasures for the Next Generation: The Protection of Underwater Cultural Heritage in International Law

National Geographic: Treasure on Sunken Spanish Galleon Could Be Biggest Ever

Jillian Sequeira

Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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“And then one day…an eruption of liquid rock occurred…It threw forth the same kind of rock, with the same violence, and through the same vents in the earth’s core. But this time what was thrown forth reached the surface of the sea. There was a tremendous explosion as the liquid rock struck water and air together. Clouds of steam rose miles into the air. Ash fell hissing upon the heaving waves. Detonations shattered the air for a moment and then echoed away in the immensity of the empty wastes.”

Legendary author James Michener’s eloquent words describe the formation of the islands of Hawaii–the powerful volcanic activity that over the course of millions of years sent a column of rock from the seabed to the open air. Now, off the coast of Japan, it occurs once more.

In November 2013 a small speck of material breached the surface of the Western Pacific Ocean. In the last year and a half, it has widened to nearly 0.95 square miles and the volcanic cone stands several hundred feet tall. The size of the island is expected to slow and be limited, not by the amount of lava that spews forth, but by sea activity; there are already signs of erosion and formation of beaches at the edges of the island. As it stands, this is impressive enough: a modern, visible manifestation of the geological cycle, as some islands and sections of continents erode and disappear, and other brand new ones form right before our eyes.

But there are many more impressive processes that are about to occur on this island–Nishinoshima–that are of major scientific value. As it stands, the island is barren rock. Much of it is still steaming, as the volcano continues to erupt. But once it settles down and begins to cool, it will serve as a good spot for birds to rest. When they do, they will inevitably deposit feces, feathers, vomit, and material that they have unconsciously carried from elsewhere. This can include seeds and fertile soils. Some seeds are specifically designed to float on the wind or surface of the water and may arrive there on their own as well. Therefore, scientists intend to closely monitor the island as it hosts and begins to produce life of its own. The initial sparks and subsequent development of an ecosystem is something rarely observed and studied.

It is important to scientists that anyone who goes to the island is cautious not to accidentally carry with them any kind of outside material or life that could influence the early evolutionary process. Evolutionary biologists have raised this concern, as the first people to set foot on the island are likely to be geologists and vulcanologists, who do not have the same foci and concerns. Obviously at this point and for the foreseeable future the island is off limits to civilians and tourists.

Birds are vital to the development of island life. Courtesy of Ville Miettinen via Flickr.

The island chain of which Nishinoshima is a part is already known for a variegated and fascinating ecosystem. The Ogasawara Islands are a UNESCO (United Nations Educational, Scientific and Cultural) World Heritage Site. Nishinoshima is therefore on track to be protected and preserved for the sake of humanity’s heritage. This in and of itself, in addition to the fact that it may be absolutely beautiful there in due time, could result in a vibrant tourism industry. Economic interests aside, in the meantime it will be fascinating and moving simply to watch the island develop and flourish, a tangible indication that the Earth around us is active and alive.

Franklin R. Halprin

Franklin R. Halprin holds an MA in History & Environmental Politics from Rutgers University where he studied human-environmental relationships and settlement patterns in the nineteenth century Southwest. His research focuses on the influences of social and cultural factors on the development of environmental policy. Contact Frank at staff@LawStreetMedia.com.

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The United Nations Educational Scientific and Cultural Organization, or UNESCO, compiles a list of intangible cultural heritages. These can include a variety of things like music, dance, social practices, or art. The entire list of intangible cultural heritages can be found here, and I would highly recommend you check it out. A lot of them are really cool and some even have video demonstrations. There’s Tsiattista poetic duelling from Cyprus, the Tango from Argentina and Uruguay, and the Dragon Boat Festival of China, among hundreds of others.

But Germany is trying to get something a little different — and really fun — on the list. Beer!

Historically in Germany, specifically Bavaria, there was a law called Reinheitsgebot. Translated into English, it roughly means “German Beer Purity Law.” It required that brewers only use water, hops, and barley malt in creating beer. No flavorings or preservatives are allowed in the creation of Reinheitsgebot beer.

Put your reading glasses on, and let’s check out some beer history:

Ready? Ok, so Reinheitsgebot beer certainly fits the idea of “heritage’ — the law was created in 1516 in the Bavarian city of Ingolstadt by the Dukes Wilhelm IV and Ludwig X. The law was written both to set basic standards for making and selling beer, and also to stem conflict between bakers and beer makers, who competed over wheat, yeast, and other grains. If a brewer was found breaking the law, they could have their beer confiscated without any sort of compensation. In 1871, the law was incorporated into the unification of Germany.

While German beer laws have changed slightly since then, there are still regulations that brewers must follow. The current beer law is called Biergesetz, and allows only a few more ingredients than the original Reinheitsgebot. Most brewers claim to follow Reinheitsgebot, even if they actually really just follow Biergesetz.

And believe me, Germany takes its beer very, very seriously. For 10 years in the 1990s, after the reunification of East and West Germany, there was the infamous “Brandenburg Beer War.”

Unfortunately, not this kind of beer war.

The Fritsche family in Brandenburg brewed a beer called the “Black Abbott.” They added just a little big of sugar to give it a distinctive taste. Germany informed them that they could not market their brew as real beer, so the Fritsches said the government couldn’t tax it as real beer. After about 10 years of back and forth, they eventually received a special permit to label Black Abbott as beer.

According to some historians, Reinheitsgebot is the oldest remaining food or drink regulation in the world, and therefore deserves to be on the UNESCO intangible heritage list. Germany has around 1,300 separate breweries, and 5,000 brands of beer.

Those in favor of including Reinheitsgebot on the next UNESCO list, such as craft beer expert Matt Simpson, emphasize the important role that beer has played in cultural human history. Simpson stated, “Considering beer’s place in human history, I would say that it certainly deserves a place among other cultural phenomena.”

Want to try some Reinheitsgebot-approved beer without traveling all the way to Germany? Here are some American breweries that create beers that, for the most part, strictly follow Reinheitsgebot:

• Olde Mecklenburg Brewery, Charlotte, NC
• Sierra Nevada, North Carolina and California
  
• Redhook Brewery, Woodinville, WA
• Deschutes Brewery, Portland, OR

There are obviously many more, but those should put you all off to a good start (assuming you’re 21+, if not, save these suggestions for after your birthday). So, next time you’re in the mood for a drink, get some future-potential-intangible cultural heritage at the same time!

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Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Kasia Wallis via Flickr]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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