bluuebunny/crossref_metadata_2025 huggingface dataset:
Mediating Sovereign Debt Disputes
Authors: Sudborough Calliope M
Published: August 2024

In response to the limitations of adjudicating disputes arising out of public debt and the resulting underdeveloped international body of law on sovereign defaults, creditors have filed a growing number of investor-state treaty arbitrations to collect unpaid debts, prompting a shower of criticisms and concerns. This chapter discusses a still-unexplored means for resolving sovereign debt claims: mediation. It explains how mediation differs as a process from judicial litigation and private arbitration, producing very distinct outcomes. Specifically this chapter argues that mediation should be explored as a viable option for resolving sovereign debt disputes in a cost and time efficient manner that could support economic recovery and continued investment.
Mediating International Energy Disputes
Authors: Cameron Peter D , Kolo Abba
Published: August 2024

The long-term, capital intensive and risky nature of much energy investment means that disputes often arise as does the need to resolve such disputes amicably to preserve the parties’ long-term business relationships. Energy disputes can typically have a state-to-state character, or can arise between investors and states, or companies against other companies. For decades, arbitration has been the preferred option by the parties to international energy disputes. However, there is greater pressure than ever before to ensure that costs of settling disputes are kept to the minimum. Mediation is increasingly being touted as an important supplement to arbitration because of its many benefits including enabling the parties to find an innovative win—win solution to their dispute based on interests rather than a win—lose outcome, which may end the parties’ business relationship. Anecdotal evidence of industry practice lends support to this proposition. The use of mediation in resolving energy disputes is supported by a number of investment treaties including the Energy Charter Treaty and the presence of escalation clauses in energy agreements. However, there are also many challenges to the use of mediation in resolving energy disputes. These include a lack of familiarity with it among potential users, the reluctance of government officials and business executives to take personal responsibility for settlements, and a lack of adequate provisions in investment treaties, energy agreements and national investment legislation that provide the legal framework for mediation. The prospects for mediation would be brighter if these and other issues were sufficiently well-addressed.
Mediation and Other ADR in International Construction Disputes
Authors: Fortún Alberto , Iglesia Alfonso
Published: August 2024

The use of alternative dispute resolution (ADR) is not going to prevent all disputes between owners and designers, contractors, subcontractors, and suppliers. However, the parties that are capable of evaluating the dispute timely and choose a suitable ADR mechanism such as mediation, expert determination or dispute boards will obtain tangible benefits. They will save costs, reduce the number of disputes, and prevent critical situations in which the accumulation of unresolved claims would otherwise jeopardize the financial viability of the entire project. This chapter deals with some of the key features of those ADR mechanisms, advises on different standard clauses and provides the reader with references, links and footnotes to the materials that any engineer or lawyer would like to have handy.
The Confidentiality and Transparency Debate in Commercial and Investment Mediation
Authors: Brown Chester , Winch Phoebe
Published: August 2024

This chapter explores the tension between confidentiality and transparency in commercial and investment mediation. The importance of transparency in the context of investment mediation is arguably far greater than it is in the context of commercial mediation, which is due to the nature of investor-state proceedings which involve the public interest. The chapter outlines the genesis of this debate and explains how it has unfolded in the context of investment treaty arbitration, including the recent mechanisms introduced which have led to an improvement in transparency levels. The chapter then traces the debate as it has developed in the context of commercial and investment mediation. Consideration is given to the protection afforded to confidentiality in mediation by national regimes, institutional rules and international investment agreements, including the EU—Canada Comprehensive Economic and Trade Agreement and the recently concluded treaties between the EU and Vietnam and Singapore. This discussion notes that, whilst similar considerations apply to arbitration and mediation, there has been a greater preservation of confidentiality in mediation than in arbitral proceedings. The chapter ultimately justifies this heightened protection and advocates its increased use in settling international disputes, in particular in investor-state disputes.
New Singapore Convention on Cross-Border Mediated Settlements
Authors: Abramson Hal
Published: August 2024

This chapter examines the new Convention on Mediated Settlement Agreements that was drafted by UNCITRAL and is expected to be open for ratification by states in August, 2019. The new Convention facilitates compliance with cross-border mediated settlement agreements that result from qualifying mediations. The Convention offers a simpler and more expeditious alternative to relying on expensive and uncertain breach of contract lawsuits for compelling compliance. The new Convention’s backstory in this chapter is really two stories. One story examines the robust multi-party negotiation process that resulted in a consensus. The second and primary story considers the substantive choices including the ‘compromise’ that were discussed and debated by the delegates over almost three years and ultimately were forged into the new Convention.
Introduction
Authors: Casey-Maslen Stuart
Published: August 2024

This section provides an introduction to the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017.The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. It outlines the background to the Treaty, providing detail on the development, possession, and use of nuclear weapons. This section also looks at the existing body of nuclear non-proliferation, ‘non-armament’, arms control, and disarmament treaties, that began with the 1959 Antarctic Treaty.
Article 3: Safeguards
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 3 of the Treaty on the Prohibition of Nuclear Weapons, dealing with Safeguards.
Article 5: National Implementation
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 5 of the Treaty on the Prohibition of Nuclear Weapons, dealing with National Implementation.
Article 12: Universality
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about Article 12 of the Treaty on the Prohibition of Nuclear Weapons, dealing with Universality.
The Date and Place of Adoption of the Treaty
Authors: Casey-Maslen Stuart
Published: August 2024

This section is about the date and place of adoption of the Treaty on the Prohibition of Nuclear Weapons
Treaties and Conventions as a Source of Law
Authors: Thirlway Hugh
Published: August 2024

This chapter begins with a discussion of the significance and effect of treaties as expressed in the principle pacta sunt servanda. The whole point of making a binding agreement is that each of the parties should be able to rely on performance of the treaty by the other party or parties. This should be so even when such performance may have become onerous or unwelcome to such other party or parties. A treaty is therefore one of the most evident ways in which rules binding on two or more States may come into existence, and thus an evident formal source of law. The remainder of the chapter covers the limits of treaty law, commitment to treaty obligations, and unilateral acts as inchoate treaties.
Custom as a Source of International Law
Authors: Thirlway Hugh
Published: August 2024

This chapter considers the question of whether custom is a source of international law. It discusses the constituent elements of custom, changes in customary law, the relevance of ethical and similar principles to customary law, and the extent of application of a rule of customary international law. In treating custom as a source of legal rules, international law does not deviate from the pattern discernible in municipal legal systems. Historically, at the international level, once the authority of natural law, in the sense of what was given by God or imposed by the nature of an international society made up of independent princes, had weakened, it was natural to derive legal obligations from the legitimate expectations created in others by conduct. However, the precise nature and operation of the process have always presented obscurities.
General Principles of Law as a Source of Law
Authors: Thirlway Hugh
Published: August 2024

This chapter begins with a discussion of the general principles of law under Article 38 of the Statute of the Permanent Court. It then covers the role of equity in international law and the general principles of law and non liquet. The general principles of law found their way into the Statute of the Permanent Court as a reserve source to provide a basis for decision in the event that neither relevant treaties nor customary law did so. A non liquet is a decision by a court or tribunal that the matter in dispute cannot be determined on the basis of law, inasmuch as the law has nothing to say on the question. A decision of this kind is different in nature from a decision that the law does not support the claim made, with the consequence that the respondent wins the case.
Some Alternative Approaches
Authors: Thirlway Hugh
Published: August 2024

This chapter discusses the inadequacy or irrelevance of recognized sources of international law and the role of ethical principles. It examines the insufficiencies of the theory of international customary law. It argues that the creation (or discovery) of international law can no longer be regarded as a process of generation from one or other of a list of recognized sources. It also argues that international law, as generated by the recognized sources, fails to take sufficient account of ethical or moral requirements. In particular, as regards the major source of law that is customary international law, the long-established ‘two-element’ theory is shown to be inadequate, unrealistic, or otherwise unsatisfactory.
Conclusion: the Contribution of the European Framework Convention for the Protection of National Minorities to the Development of Minority Rights
Authors: Weller Marc
Published: August 2024

This concluding chapter examines the general position of the Framework Convention for the Protection of National Minorities (FCNM) within the area of minority rights. First, the substance of the Convention is located within the field. Then, its reach is considered. Finally, a few words are said about the legal character of the Convention and about the implementation process. It is argued that true strength of the Convention lies in adding substance to the principle of promotion as it relates to minority identity. It transforms the soft law of the UN Declaration into hard law in relation to the Council of Europe area, while at the same time adding substantively to the obligations contained in the Declaration. Moreover, the advancing practice of the Advisory Committee very significantly clarifies and expands the substantive obligations established in relation to identity.
Special Measures under the Convention
Authors: Thornberry Patrick
Published: August 2024

This chapter discusses the ICERD’s provisions on special measures in Articles 1(4) and 2(2). Through these, the Convention connects with contemporary discussions of ‘affirmative action’ and ‘positive action’, though the concepts underlying such terms vary with institutional context. Special measures are also understood as key contributors to the overall Convention project of fighting racial discrimination. They may operate in any field of human rights deprivation including the rights listed or intimated in Article 5. This generic linkage gives rise to the problem of identifying conceptual boundaries between the general obligations of States under a span of Convention articles and the particular obligation to take special measures.
The Law of U.S. Foreign Relations
Authors: Murphy Sean D , Swaine Edward T
Published: August 2024

The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations and of the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive branch, and judicial authority in foreign affairs, to include the constitutional tensions prevalent in legislative efforts to control executive diplomacy and the ebb and flow of judicial engagement in transnational disputes—often serving as umpire but at times invoking doctrines of abstention. The process of U.S. adherence to treaties and other international agreements is closely scrutinized, as well as how such law and customary international law and the lawmaking acts of international organizations can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the states in foreign affairs, and the imperative of protecting individual rights in the transnational sphere. Among the contemporary issues discussed are the immunity of foreign heads of state, treatment of detainees at Guantánamo, movement of the U.S. embassy to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act.
Legislating Foreign Relations
Authors: Murphy Sean D , Swaine Edward T
Published: August 2024

Chapter 2 addresses Congress’ constitutionally vested power to legislate on foreign relations, based on foreign relations–specific powers and other, more general powers that affect this field. The chapter begins with an overview of the enumerated (and potential unenumerated) powers of Congress to legislate on foreign relations, then discusses procedural and other cross-cutting aspects of legislative power of particular relevance to foreign relations. This chapter highlights two important powers issues not discussed extensively elsewhere in the volume—the appropriations power as it relates to foreign relations and the power to regulate commerce with foreign nations—as well as topics such as congressional oversight, presidential signing statements, and the legislative veto. It concludes with a discussion of Congress’ power to regulate the value of foreign coin.
Conducting Foreign Relations
Authors: Murphy Sean D , Swaine Edward T
Published: August 2024

Chapter 3 discusses the daily conduct of U.S. foreign relations, whereby the U.S. government expresses its views through diplomacy with other states and in other fora, such as international and foreign courts and tribunals. Although Article II of the U.S. Constitution vests the president with “executive power”—as well as the powers to receive foreign ambassadors and public ministers, and to appoint U.S. ambassadors, other public ministers, and consuls with the consent of the Senate—Chapter 3 explains that the Framers did not understand these powers as giving the president uninhibited control of U.S. foreign relations. It discusses how the Constitution clearly vests Congress with certain foreign relations powers and reserves some power for the several states, but that the power of receiving and appointing ambassadors and other officials places the president in the position of being the “voice” and “ears” of the U.S. government in foreign relations, further bolstered by the president’s power to make treaties and engage in negotiations with foreign governments and international organizations. Additional issues discussed in the chapter include the president’s power to recognize foreign governments and the constitutional prohibition on U.S. officials from receiving foreign emoluments, except with the consent of Congress.
Judging Foreign Relations
Authors: Murphy Sean D , Swaine Edward T
Published: August 2024

Chapter 4 details the involvement of the judiciary in U.S. foreign relations. It recognizes the more limited role that courts play in modern foreign affairs while challenging the depiction of courts as merely standing in opposition to the president’s foreign relations objectives. As the chapter explains, courts play a vital role in articulating general legal principles and rules in foreign relations and in taking account of foreign and international law, at times to the benefit of (and often at the behest of) the political branches. It discusses the historical role of the judiciary in foreign relations law and examines nonjusticiability doctrines that courts have employed to avoid deciding foreign affairs–related issues, such as the political question doctrine and standing. It also discusses the act-of-state doctrine; jurisdictional bases for U.S. legislation, adjudication, and enforcement, including the extraterritorial application of U.S. law; then concludes with a discussion of grounds for immunity from U.S. jurisdiction, including foreign sovereign immunity, immunity for international organizations and their officials and premises, diplomatic and consular immunity, and immunity for other foreign officials (such as special mission immunity).
Individual Rights and Foreign Relations
Authors: Murphy Sean D , Swaine Edward T
Published: August 2024

Chapter 10 describes the intersection of individual rights and U.S. foreign relations. It introduces the varied configurations of persons and places that bear on these rights, such as noncitizens in the United States, persons in unincorporated U.S. territories, and citizens and noncitizens abroad. It notes that the protection of individuals under international law serves as an important backdrop to this area of U.S. foreign relations law, but concentrates on depicting the discrete individual rights guaranteed under the various provisions of the Bill of Rights and the Fourteenth Amendment. The chapter concludes with a review of certain recurrent and important subject-matter areas for individuals: immigration law; transnational family law; and extradition.
The Inter-American Court of Human Rights
Authors: Burgorgue-Larsen Laurence , Úbeda de Torres Amaya
Published: August 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The second edition of Family Law presents everything an undergraduate family law student needs in one volume. Drawing on their extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book has two principal aims: to provide readers with a thorough understanding of the law relating to the family, and to do so in a way that stimulates critical reflection on that law. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. New to this edition are: coverage of the same-sex marriage case Schalk and Kopf v Austria; full treatment of Stack v Dowden and subsequent case law, and its implications for ownership of the family home; a fully updated chapter on child support, following the reforms implemented by the Child Maintenance and Other Payments Act 2008; a revised account of the law of ancillary relief in light of the developing case law, including Charman v Charman and B v B; and a fully updated section on private ordering on divorce.
The European Convention on Human Rights
Authors: Schabas William A
Published: August 2024

This book provides an article-by-article Commentary on the ECHR and its Protocols in English. It provides an entry point for every single facet of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision.
Obligation to respect human rights/Obligation de respecter les droits de l’homme
Authors: Schabas William A
Published: August 2024

This chapter presents Article 1 of the European Convention on Human Rights, which ‘demarcates the scope of the Convention ratione personae, materiae, and loci’. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of torture/Interdiction de la torture
Authors: Schabas William A
Published: August 2024

This chapter presents Article 3 of the European Convention on Human Rights, which prohibits torture, and inhuman or degrading treatment or punishment. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to respect for private and family life/Droit au respect de la vie privée et familiale
Authors: Schabas William A
Published: August 2024

This chapter presents Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Restrictions on political activity of aliens/Restrictions à l’activité politique des étrangers
Authors: Schabas William A
Published: August 2024

This chapter presents Article 16 of the European Convention on Human Rights, which prohibits the political activity of ‘aliens’. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Election of judges/Election des juges
Authors: Schabas William A
Published: August 2024

This chapter presents Article 22 of the European Convention on Human Rights, which sets out procedures for the election of judges. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Competence of single judges/Compétence des juges uniques
Authors: Schabas William A
Published: August 2024

This chapter presents Article 27 of the European Convention on Human Rights, which covers the single-judge procedure of the Court. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Competence of Committees/Compétence des comités
Authors: Schabas William A
Published: August 2024

This chapter presents Article 28 of the European Convention on Human Rights on the competence of the three-judge Committees. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Powers of the Grand Chamber/Attributions de la Grande Chambre
Authors: Schabas William A
Published: August 2024

This chapter presents Article 31 of the European Convention on Human Rights, which confirms the jurisdiction of the Grand Chamber. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Public hearings and access to documents/Audience publique et accès aux documents
Authors: Schabas William A
Published: August 2024

This chapter presents Article 40 of the European Convention on Human Rights, which requires judicial proceedings and documents to be public. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Just satisfaction/Satisfaction équitable
Authors: Schabas William A
Published: August 2024

This chapter presents Article 41 of the European Convention on Human Rights, which addresses the issue of reparation or compensation for losses resulting from a violation of the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Judgments of Chambers/Arrêts des chambres
Authors: Schabas William A
Published: August 2024

This chapter presents Article 42 of the European Convention on Human Rights, which deals with finality of the judgments of Chambers. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Referral to the Grand Chamber/Renvoi devant la Grande Chambre
Authors: Schabas William A
Published: August 2024

This chapter presents Article 43 of the European Convention on Human Rights covering the request of parties for cases to be referred to the Grand Chamber. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Advisory opinions/Avis consultatifs
Authors: Schabas William A
Published: August 2024

This chapter presents Article 47 of the European Convention on Human Rights, which deals with the Court's provision of advisory opinions on legal questions concerning the Convention and the protocols thereto. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Advisory jurisdiction of the Court/Compétence consultative de la Cour
Authors: Schabas William A
Published: August 2024

This chapter presents Article 48 of the European Convention on Human Rights, which states that Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its competence as defined in Article 47. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Reservations/Réserves
Authors: Schabas William A
Published: August 2024

This chapter presents Article 57 of the European Convention on Human Rights, which allows States to make a reservation in respect of any particular provision of the Convention to the extent that any law then in force in its territory is not in conformity with the provision. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to education/Droit à l’instruction
Authors: Schabas William A
Published: August 2024

This chapter presents article 2 of Protocol 1 to the European Convention on Human Rights, which sets out the right to education. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Signature and ratification/Signature et ratification
Authors: Schabas William A
Published: August 2024

This chapter presents article 7 of Protocol 6 to the European Convention on Human Rights, which deals with the signature and ratification of this Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Freedom of movement/Liberté de circulation
Authors: Schabas William A
Published: August 2024

This chapter presents article 2 of Protocol 4 to the European Convention on Human Rights, which protects the right to liberty of movement within a territory and the right to leave that territory. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of collective expulsion of aliens/Interdiction des expulsions collectives d’étrangers
Authors: Schabas William A
Published: August 2024

This chapter presents article 4 of Protocol 4 to the European Convention on Human Rights, which prohibits the collective expulsion of non-nationals (or ‘aliens’). It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of reservations/Interdiction de réserves
Authors: Schabas William A
Published: August 2024

This chapter presents article 4 of Protocol 6 to the European Convention on Human Rights, which prohibits reservations made under Article 57 of the Convention in respect of the provisions of this Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Territorial application/Application territoriale
Authors: Schabas William A
Published: August 2024

This chapter presents article 5 of Protocol 6 to the European Convention on Human Rights, which deals with the territorial application of the Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Depositary functions/Fonctions du dépositaire
Authors: Schabas William A
Published: August 2024

This chapter presents article 9 of Protocol 6 to the European Convention on Human Rights, which sets out the depositary functions of the Secretary General of the Council of Europe. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right of appeal in criminal matters/Droit à un double degré de juridiction en matière pénale
Authors: Schabas William A
Published: August 2024

This chapter presents article 2 of Protocol 7 to the European Convention on Human Rights, which deals with the right of appeal in criminal matters. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Compensation for wrongful conviction/Droit d’indemnisation en cas d’erreur judiciaire
Authors: Schabas William A
Published: August 2024

This chapter presents article 3 of Protocol 7 to the European Convention on Human Rights, which deals with the right to compensation for wrongful conviction. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Equality between spouses/Egalité entre époux
Authors: Schabas William A
Published: August 2024

This chapter presents article 5 of Protocol 7 to the European Convention on Human Rights, which recognizes the equal rights of spouses. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Territorial application/Application territoriale
Authors: Schabas William A
Published: August 2024

This chapter presents article 6 of Protocol 7 to the European Convention on Human Rights, which deals with the territorial application of the Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Signature and ratification/Signature et ratification
Authors: Schabas William A
Published: August 2024

This chapter presents article 8 of Protocol 7 to the European Convention on Human Rights, which deals with the signature and ratification of this Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Depositary functions/Fonctions du dépositaire
Authors: Schabas William A
Published: August 2024

This chapter presents article 10 of Protocol 7 to the European Convention on Human Rights, which sets out the depositary functions of the Secretary General of the Council of Europe. It includes a brief commentary.
Preamble/Préambule
Authors: Schabas William A
Published: August 2024

This chapter presents the Preamble of Protocol 12 to the European Convention on Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; and discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights.
Relationship to the Convention/Relations avec la Convention
Authors: Schabas William A
Published: August 2024

This chapter presents article 3 of Protocol 12 to the European Convention on Human Rights, which explains that the provisions of articles 1 and 2 of this Protocol shall be regarded as additional articles to the Convention. It includes a brief commentary.
Depositary functions/Fonctions du dépositaire
Authors: Schabas William A
Published: August 2024

This chapter presents article 6 of Protocol 12 to the European Convention on Human Rights, which sets out the depositary functions of the Secretary General of the Council of Europe. It includes a brief commentary.
Preamble/Préambule
Authors: Schabas William A
Published: August 2024

This chapter presents the Preamble of Protocol 13 to the European Convention on Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of derogations/Interdiction de dérogations
Authors: Schabas William A
Published: August 2024

This chapter presents article 2 of Protocol 13 to the European Convention on Human Rights, which prohibits derogation from the provisions of this Protocol made under Article 15 of the Convention. It includes a brief commentary.
[Acceptance of requests]
Authors: Schabas William A
Published: August 2024

This chapter presents article 2 of Protocol 16 to the European Convention on Human Rights, which deals with the acceptance of requests for an advisory opinion. It includes a commentary addressing the acceptance of the request, delivery of the advisory opinion, and the ex officio national judge.
[Non-binding nature of advisory opinions]
Authors: Schabas William A
Published: August 2024

This chapter presents article 5 of Protocol 16 to the European Convention on Human Rights, which states that advisory opinions are non-binding. It includes a commentary.
[Reservations]
Authors: Schabas William A
Published: August 2024

This chapter presents article 9 of Protocol 16 to the European Convention on Human Rights, which prohibits reservations made under Article 57 of the Convention in respect of the provisions of this Protocol. It includes a brief commentary.
The Committee of Ministers
Authors: Palmer Simon
Published: August 2024

This chapter provides an overview of the Committee of Ministers (CM), its composition, and its tasks and obligations. The CM is vested with the competence to write law and to establish and manage the legal, administrative, and budgetary framework of the Council. It is a forum of multilateral diplomacy with the responsibility of directing an altruistic process of historic dimensions. The CM’s essential tasks are those set out in Articles 15 and 16 Council of Europe (CoE) Statute, i.e., to ‘consider the action required to further the aim of the Council of Europe, including the conclusion of conventions or agreements and the adoption by governments of a common policy with regard to particular matters’ and to ‘decide with binding effect all matters relating to the internal organisation and arrangements of the Council of Europe. For this purpose the Committee of Ministers shall adopt such financial and administrative arrangements as may be necessary’.
Constitutional Standard-setting and Strengthening of New Democracies
Authors: Grabenwarter Christoph
Published: August 2024

This chapter deals with the Venice Commission as an instrument for constitutional standard setting and the strengthening of new democracies. The Venice Commission is the Council of Europe’s (CoE’s) advisory body on constitutional matters. Its role is to provide legal advice to its Member States, to other CoE bodies and international organisations, and, in particular, to help States wishing to bring their legal and institutional structures in line with European standards and international experience in the fields of democracy, human rights, and the rule of law. The chapter first offers some general information on the origin, composition, and working methods of the Commission. It then exemplifies the Commission’s major fields of activities. Finally, the impact of the Venice Commission’s work is discussed.
Rights, Powers, and Obligations of Neutral Powers under the Conventions
Authors: Sandoz Yves
Published: August 2024

This chapter first examines the different meanings of the notion of neutrality: neutrality as a basic principle of international humanitarian law; neutrality as a fundamental principle of the International Red Cross and Red Crescent Movement; and ‘neutrality’ as a status of states not parties to an international armed conflict. It then discusses the rights and duties of neutral states; different roles for a neutral state under the Geneva Conventions; and applicability of the law of neutrality in non-international armed conflicts (NIACs) and the ‘war on terror’.
Non-Renunciation of the Rights Provided by the Conventions
Authors: d'Argent Pierre
Published: August 2024

This chapter focuses on the common provision in Article 7/7/7/8 of the Geneva Conventions which states that, the persons respectively protected under each Convention ‘may in no circumstances renounce in part or in entirety the rights secured to them’ either by the four Conventions, or by more favourable special agreements which may be concluded by the belligerents. It discusses the legal meaning and scope, application, and conceptual importance of the provision, its relevance in non-international armed conflicts, and the legal consequences of a violation in terms of validity and responsibility.
Hospitals
Authors: Mikos-Skuza Elżbieta
Published: August 2024

This chapter deals with the special status of hospitals in the Geneva Conventions, covering the scope of protection of hospitals on land and hospital ships, the protection of hospitals in non-international armed conflicts, and legal consequences of violations of a hospital’s status. The legal status of hospitals as specially protected objects enforces the rule that the wounded, sick, and shipwrecked should be collected and cared for, shielded from attacks and the other effects of hostilities. The chapter concludes with a discussion of the rules in the Geneva Conventions that confirm and develop this principle, rules that are outdated and useless, and controversial rules that require further clarification through international practice.