bluuebunny/crossref_metadata_2025 huggingface dataset:
Scope
of the Convention (Article 1)
Authors: Arcari Maurizio
Published: August 2024

This chapter provides an overview of the scope of the UN Watercourses Convention as stated in Article 1. It first discusses the preparatory works leading to the adoption of the Convention before considering the Convention’s scope and normative impact, focusing in particular on the ‘uses’ of watercourses, as referred to in paragraph 1 of Article 1; the implications of the words ‘protection, preservation and management’ appearing in the same paragraph; the scope and the rationale of the exclusions respectively provided for in paragraph 2 concerning navigation and in the statement of understanding concerning living resources. The chapter then considers Article 1’s relations with other articles of the Convention and concludes with a critical assessment of its impact for grasping the scope and the significance of the Convention.
Protection and Preservation of Freshwater Ecosystems
(Articles 20–23)
Authors: McIntyre Owen
Published: August 2024

This chapter focuses on Articles 20–23, which are concerned with protection and preservation of freshwater ecosystems of international watercourses. Articles 20–23 deal with, respectively: the protection and preservation of ecosystems; the prevention, reduction, and control of pollution; the introduction of alien or new species; and the protection and preservation of the marine environment. The chapter first reviews the travaux préparatoires of the International Law Commission (ILC) before discussing the customary status and normative impact of the obligations contained in Articles 20–23 as well as their relations with other articles of the UN Watercourses Convention. It concludes with a critical assessment of the general principles of Articles 20–23, emphasizing the importance of benefit-sharing arrangements among watercourse States.
Overview of Contentious Proceedings
Authors: Thirlway Hugh
Published: August 2024

This chapter provides an overview of contentious proceedings. It specifically lays out the procedure’s governing texts and terminology and definitions, as well as other concepts, such as the submissions of a party and the rule ne ultra petita , and the costs and financial support the Court receives. The procedure of the Court is regulated primarily by its Statute, specifically Chapter III (articles 39 to 64), and as regards advisory proceedings Chapter IV, articles 65 to 68. These texts provide the procedure to be followed by States bringing and conducting cases, and the procedure to be followed by the Court itself, in conducting hearings, directing the proceedings, and deliberating. The Statute however provides, in Article 30, that the Court has power to make rules ‘for carrying out its functions’, including rules of procedure, and in practice the provisions of these are at least equally important.
Form, Content, and Preparation of Decisions
Authors: Thirlway Hugh
Published: August 2024

This chapter details the form, content, and preparations of Court decisions. The decisions discussed therein may be judgments or advisory opinions; although in many respects, as regards their form and the process of their preparation, these do not differ. The Court also embodies its decisions for certain purposes in what are termed ‘Orders’: for the most part these are directed to comparatively minor matters, such as the fixing and prolongation of time-limits, although it also applies to a few special cases as is further elaborated. The chapter then proceeds to examine the theoretical concept of non liquet , the name given to a decision not to decide, before turning to a discussion on the deliberations of the Court and the drafting of a decision. Finally, the chapter presents some stipulations on the adoption of a decision by voting.
Provisional Measures
Authors: Thirlway Hugh
Published: August 2024

This chapter looks at provisional measures. Provisional measures in international judicial proceedings are indications, by the court seised of the matter, of action to be taken, or not to be taken, by one or both of the parties during the period leading up to the decision. Their precise justification in International Court of Justice (ICJ) jurisprudence are examined further in this chapter. Their purpose, however, may be said to be to prevent one party pre-empting the settlement of the dispute by unilateral action, thus rendering the eventual judgment ineffective; or, more broadly, to prevent unilateral action that might make it more difficult to achieve a settlement. The French term ‘ mesures conservatoires ’ conveys this meaning better than the English term ‘provisional’; and the expression, formerly used in the English text of the Rules of Court, ‘interim protection’ (1946 Rules, Article 61) was, from this viewpoint, also perhaps more appropriate.
Preliminary Objections
Authors: Thirlway Hugh
Published: August 2024

This chapter describes the functions of preliminary objections. A preliminary objection is a formal step by which a respondent raises a question which it contends should be dealt with separately, before any other issue in the proceedings is examined. This is usually, perhaps indeed necessarily, on the basis that that question is preliminary in nature; and that as a result, its resolution (in the sense contended for by the party raising it) will make examination of the rest of the case unnecessary and inappropriate. These objections are a procedural means of challenging the existence of the Court’s jurisdiction in a particular case. Jurisdictional issues are however not the only matters which may be the subject of such objections: two other categories are generally recognized: objections to admissibility, and a catch-all category of ‘objections of a preliminary character’.
Contextual Provisions (Preamble and Article 1)
Authors: Carazo María Pía
Published: August 2024

This chapter takes up the preamble and Article 1 of the Paris Agreement. It traces their negotiation histories and provides more thorough analyses of the clauses contained therein. Aside from the usual preambular clauses found in international treaties, the Paris Agreement is unique for the fact that it goes beyond the realms of international climate and environmental law in various ways. In particular, it is the first multilateral environmental agreement to incorporate references to human rights, the rights of particular groups, gender equality, and intergenerational equity, as the chapter demonstrates. Article 1, the more succinct of the pair discussed in this chapter, meanwhile follows the Kyoto Protocol in its basic approach. It consists of an opening clause which incorporates the definitions contained in Article 1 UNFCCC into the Paris Agreement and defines three additional terms, namely: Convention, Conference of the Parties, and Party.
Objective (Article 2.1)
Authors: Thorgeirsson Halldór
Published: August 2024

This chapter analyses the objective statement of Article 2 of the Paris Agreement. This statement reflects the overall objective of the Paris Agreement to manage the global risks associated with climate change. It does so by combining into one the interrelated objectives of limiting climate change, of increasing the ability to adapt to climate change, and of making global finance flows consistent with a low-emission and climate resilient development path. It also firmly anchors the global response to climate change within sustainable development and efforts to eradicate poverty. This chapter thus details how Article 2 of the Paris Agreement, in conjunction with the other international instruments of the climate change regime, comprehends and effects these objectives.
Mitigation (Article 4)
Authors: Winkler Harald
Published: August 2024

This chapter turns to Article 4 of the Paris Agreement, which covers mitigation. The provisions on mitigation are in fact a central part of the Agreement. Thus, Article 4 opens with a long-term goal for mitigation, framing the core provisions, which are binding individual obligations of conduct, called nationally determined contribution (NDCs) on mitigation. Mitigation NDCs represent an evolution, from general commitments for all, with additional commitments for some under the UNFCCC. The Paris Agreement places legal obligations (within the overall form of a treaty) on all countries to have successive mitigation NDCs and to pursue domestic measures to achieve their objectives (Article 4.2).
Capacity-building (Article 11)
Authors: d’Auvergne Crispin , Nummelin Matti
Published: August 2024

This chapter addresses capacity-building, which the Paris Agreement focuses on in Article 11. The Article is moreover supported and operationalized by paragraphs 71–81 of Decision 1/CP.21. The general purpose of capacity-building, as addressed in Article 11, is to enhance the ability of developing countries to take effective climate change action in fulfilment of the objective of the Convention, and of the purpose and obligations of the Agreement. Article 11 reaffirms the nature, scope, and fundamental principles of capacity-building as developed by the Parties to the UNFCCC up until 2015. It is of special importance because this is the first time that capacity-building is laid down in a stand-alone provision within the UNFCCC regime, separate from other means of implementation.
Education, Training, Public Awareness, Participation, and Access to Information (Article 12)
Authors: Collado Jeniffer Hanna
Published: August 2024

This chapter turns to Article 12 of the Paris Agreement, which recognises the importance of education, training, public awareness, public participation, and public access to information (ACE) to achieve the implementation of the Paris Agreement and the ultimate goal of the Convention. This chapter briefly reviews the context and negotiation history of the Article. It also analyses the scope of the provision and the tasks that countries will need to engage in, in order to fill the gaps and needs of Parties to implement ACE activities, such as education strategies and financial resources in preparation of the Agreement's entry into force. Since the adoption of the Convention, education has been acknowledged as fundamental for an adequate global response to climate change. To conclude, a critical evaluation and final remarks on ways to facilitate the implementation of Article 12 of the Paris Agreement are given.
Epilogue
Authors: Higham Andrew
Published: August 2024

This concluding chapter looks toward the large-scale transformation that needs to be done in order to achieve a state in which human activity is in balance with the climate system. It argues that the Paris Agreement alone will not be sufficient to bring about climate change. In doing so the chapter explores many other areas for improvement across all sectors of the global economy, arguing that meeting the long-term temperature goal of the Paris Agreement is indeed possible, but only with unprecedented and deliberately sustained policy reform, rapid technological learning, and disruptive market and investment innovations for decades. The chapter also argues that despite the recent positive developments toward climate change, the framework conditions for success have not been fully established. It examines further options that can be done to accelerate this process and make use of the Paris Agreement to its fullest potential.
Introduction
Authors: Murray Daragh
Published: August 2024

This introductory chapter sets out the book’s purpose, which is to provide specific guidance on the application of international human rights law for the armed forces. It draws on international case law, decisions, and reports on how that body of law may apply in relationship with the law of armed conflict to the planning, training, and conduct of military operations. While the book is concerned primarily with giving guidance to the armed forces for the conduct and preparation of military operations, it also recognizes that it is States that will be internationally responsible for violations of human rights law committed by their armed forces. Thus, it discusses briefly the need to defend cases adequately before courts and other bodies charged with applying human rights law. An overview of the subsequent chapters is also presented.
Rules of Engagement
Authors: Murray Daragh
Published: August 2024

This chapter discusses rules of engagement, which regulate the scope of permissible activity in a military operation. While they do not themselves constitute a legal framework, they are an effective means of promoting compliance with legal requirements. Relevant requirements may include international law, the domestic law of the national forces, and, in certain cases such as peace support operations, the law of the host State. In relation to the conduct of hostilities, rules of engagement set out the circumstances in which force may be used, and the level of force that may be applied. Rules of engagement are likely to be formulated based on the applicable legal requirements; political or policy-based factors; and the military and operational requirements of a particular operation. Rules of engagement cannot expand the scope of permissible activity beyond the constraints established by the law, and do not modify the applicable law.
Air Operations
Authors: Murray Daragh
Published: August 2024

This chapter addresses the law of armed conflict and international human rights law requirements relevant to air operations. These include those conducted during international armed conflict, non-international armed conflict, and situations not constituting armed conflict. The chapter begins by distinguishing between civil and military aircraft. It then discusses basic rules and target discrimination; methods and means of warfare (e.g. air-to-surface missiles, incendiary weapons, laser weapons, blockade, war zone restrictions, air-to-air combat, and aircraft in distress and aircrew in enemy-held territory); measures short of attack: interception, visit, search, diversion, and capture; interception, landing, and inspection of enemy medical aircraft; the control of airspace in non-international armed conflict and situations short of armed conflict; and air security operations (e.g. anti-hijacking operations, anti-drug trafficking operations, arms embargo interdictions, and weapons interdictions).
Cyber Operations
Authors: Murray Daragh
Published: August 2024

This chapter deals with cyber operations undertaken by States during situations of armed conflict. Cyber operations may be divided into two broad categories: cyber operations involving monitoring activities and cyber operations involving effects-based activities. Cyber operations involving monitoring activities collect or gather information but do not modify or interfere with that information in any way. They are passive operations. Effects-based cyber operations are those operations that are not restricted to passive monitoring and which produce a tangible effect, either in cyber space or in the material world. The chapter discusses cyber operations as an ‘attack’ within armed conflict; determining the applicable legal framework; relevant international human rights law requirements; cyber operations and direct participation in hostilities; and cyber operations involving non-State actors occurring in the context of armed conflict.
Enforcement
Authors: Murray Daragh
Published: August 2024

The enforcement of the law of armed conflict and international human rights law as applicable to military operations requires a number of measures to be taken. Means of enforcement include the investigation and prosecution of crimes established under either body of law, inquiries and complaints against States, reprisals, and demands for reparations. Enforcement is also improved by measures to avoid non-compliance in the first place, including through dissemination of the principles of the law of armed conflict and international human rights law, by training forces in the law, and ensuring the presence of legal advisers. This chapter focuses on investigations into suspected violations. It also addresses issues relating to reparation, prosecution before international judicial bodies, and reprisals.
What is Transnational Crime?
Authors: Boister Neil
Published: August 2024

This introductory chapter takes a look at the distinctive features of cross-border activities and the kinds of harm they cause. It charts the policy process for the development of special international legal measures to suppress these activities as transnational crimes. This analysis is cross-disciplinary in nature, embracing criminology, international relations theory, security studies and other disciplines.
What is Transnational Criminal Law?
Authors: Boister Neil
Published: August 2024

Chapter two provides a conceptual explanation of the nature of transnational criminal law. It sets out the difficulties of describing a system that is partly international and partly domestic in nature, and explores each of these dimensions in depth. The chapter examines the elements of the international provisions for criminalization and for punishment and how these are domesticated, and then turns to the international provisions for international cooperation of a procedural kind. It then discusses a capita selecta of relevant topics including how transnational criminal law is distinguished from international criminal law stricto sensu and whether transnational criminal law is systemic in nature. Finally, it identifies transnational criminal law’s goals and values, engaging in a critique of the paucity of human rights protection.
Piracy and Maritime Safety Offences
Authors: Boister Neil
Published: August 2024

The crime of piracy is designed to ensure maintenance of the freedom of the high seas and suppress criminal activity that interferes with it. This chapter argues that piracy is the first historical example of a transnational crime. It discusses the history of the crime and then examines the elements of the modern forms of piracy and of the maritime security offences developed under the auspices of the International Maritime Organization (IMO), exposing how the shortcomings of the former led to the development of the latter. The recent revival of depredation at sea, makes this discussion of significant practical importance.
Slavery and Human Trafficking
Authors: Boister Neil
Published: August 2024

The ‘discovery’ that the commercial trade in human beings still exists has sparked renewed interest in suppression of slave trading and related practices. The size of the problem is difficult to assess but has justified a massive legislative and institutional response. This institutional response turns upon the development of criminalisation of different forms of exploitation of humans, a piecemeal and reactive process. This chapter charts the gradual criminalization of slave trading as a transnational crime. It then examines the evolution of its modern analogue, human trafficking, and the development of the container concept, modern slavery, before dealing with the protection of victims.
Drug Trafficking
Authors: Boister Neil
Published: August 2024

In the twentieth century a sophisticated treaty regime, now a centrepiece of transnational criminal law, was developed both to ensure the supply and use of drugs for medical and scientific purposes and to suppress the non-medicinal supply and use of drugs. The focus of this chapter is on the latter function. The chapter traces the development of the global prohibition of illicit drug supply and use from fairly rudimentary roots to very detailed rules. The rationale of the international illicit drug control system is that effective domestic control of drug abuse is impossible if other states do not (i) control illicit drug production and trafficking in the territories under their control and (ii) coordinate these efforts globally. The criminalization and punishment of illicit drug production, supply and use, is considered crucial to these goals.
Terrorism
Authors: Boister Neil
Published: August 2024

This chapter examines the suppression of terrorist activities in these different ‘sectoral treaties’ dealing with the criminalization of aviation offences, hostage-taking, attacks on UN personnel, nuclear terrorism, maritime security crimes and offences, terrorist bombing and terrorist financing. It then looks at the prospects for a comprehensive UN Anti-terrorism Convention, before moving to a discussion of the novel and precedent-setting criminal-law-making role of the UN Security Council in taking counter-terrorism measures. Lastly, it assesses the suppression of terrorism’s vexed relationship with human rights and efforts to reclassify terrorism as a core international crime, an attempt to try to take the particularist state-interest dimension out of anti-terrorism and replace it with a more palatable general international community interest.
Corruption
Authors: Boister Neil
Published: August 2024

This chapter examines the development of the various corruption offences showing how the emphasis in regard to criminalization of corruption offences expanded from a narrow focus on transnational corruption to a broader focus that included different forms of domestic corruption, and the extension of the scope of criminality through related offences such as trading in influence and unexplained enrichment. It looks at the origins of these offences in domestic law, the development of measures based on regional conventions, and finally at the measures developed under the auspices of the UN and through soft law, before surveying their effectiveness.
Environmental Crimes
Authors: Boister Neil
Published: August 2024

Environmental crimes include natural resource crimes, involving the trafficking of valuable natural resources through, for example, the illegal trade in flora and fauna, illegal fishing, and illegal logging, and pollution crimes involves polluting activities such as the smuggling of ozone-depleting substances and the illegal movement and disposal of hazardous waste. This chapter examines a number of these crimes including international, illegal and unregulated fishing (IUU fishing), illegal trading in endangered species, illegal logging, pollution, illegal transboundary movement of hazardous waste, before speculating on the future development of environmental crimes.
Firearms Trafficking
Authors: Boister Neil
Published: August 2024

Small arms and light weapons (SALW) are critical to the violence implicit and explicit in much transnational crime yet the trafficking in these weapons is difficult to suppress because of the largely unregulated parallel legal trade in these weapons. This chapter explores the back to front approach of international society beginning with the development of the Firearms Protocol in an attempt to criminalise certain SALW trafficking activities, and then shifts its attention to more recent attempts to prevent diversion from the licit trade which culminated in the Arms Trade Treaty.
Illicit Trafficking in Cultural Artefacts
Authors: Boister Neil
Published: August 2024

The trafficking of works of art and other movable cultural artefacts is growing in incidence but the response has been limited Cultural artefacts of all kinds—paintings, statuary, pottery, books—are looted or stolen in producer/source states only to find themselves ‘lawfully’ for sale on the antiques or art market in collector states. This chapter sets out the nature of the illicit traffic in cultural artefacts, before examining the most significant international instruments which have been adopted in the effort to control if not to suppress this traffic, with a particular focus on measures with a specific criminal content, including the most recent development, the Council of Europe’s Nicosia Convention.
International Law Enforcement Cooperation
Authors: Boister Neil
Published: August 2024

When a state establishes its criminal jurisdiction over a particular transnational crime, that prescription renders a particular action potentially criminal. To have a concrete effect, that jurisdiction once established must be enforced through investigation and trial of the particular offence. This chapter explores the state’s jurisdiction over transnational crime through the work of its law enforcement agencies, and focuses in particular on law enforcement cooperation with other states because of the inherent difficulties of extraterritorial law enforcement. It covers both police cooperation and other forms of mutual assistance in administrative matters which have an investigative and crime prevention function.
Legal Assistance
Authors: Boister Neil
Published: August 2024

Legal assistance comprises activities that require legal authority such as the gathering of admissible evidence, the service of legal documents, and the recovery of assets extraterritorially. States cannot undertake these activities unilaterally because of the territorial limit on law enforcement. States are thus compelled to seek legal assistance (mutual legal assistance, judicial cooperation) from the territorial state to enforce their coercive powers in another jurisdiction. This chapter briefly discusses the nature of legal assistance and its development, before examining the provisions in the suppression conventions setting out the scope of legal assistance obligations, the range of kinds of legal assistance that can be requested, the conditions for legal assistance, and the procedure for making requests. It then comments on the rights of individuals within the legal assistance process and alternative methods of acquiring evidence abroad.
Extradition of Transnational Criminals
Authors: Boister Neil
Published: August 2024

This chapter examines the function and development of extradition in the pursuit of a ‘no-hiding place’ strategy for alleged transnational criminals and fugitives. It begins by discussing the nature of the legal basis for extradition. The main focus is on the conditions for and bars to extradition including human rights bars. It then looks at future developments in the law of extradition. Finally, the chapter introduces those situations where the law fails and states engage in alternatives to extradition such as abduction, deportation, and extraordinary rendition.
Implementation and Compliance
Authors: Boister Neil
Published: August 2024

The goal of transnational criminal law is the suppression of crime. Achieving this goal requires effective implementation of the rules in the suppression conventions—both substantive and procedural—in national law, and effective compliance with these rules. The general view however is that while the international frameworks are adequate their implementation is poor. This chapter reviews implementation and compliance very briefly and then turns to mechanisms for reviewing, supporting, and coercing action by parties to implement and comply. It then looks at the prospects of a transnational criminal court to further compliance, before concluding with some comments about whether the system is having the desired normative effect on states and individuals.
The Future Development of Transnational Criminal Law
Authors: Boister Neil
Published: August 2024

The development of transnational criminal law has not resulted in the complete harmonization of the domestic criminal laws of participating states. But domestic criminal laws and procedures (especially those for international cooperation) do look a lot more alike and, perhaps more importantly, they are able to work together without as much friction as they did a century ago. This chapter speculates on the track that future development of transnational criminal law is likely to take. It discusses development thus far and then shifts the discussion to a movement away from a state centred crime control model to a more principled model or transnational criminal justice, setting out some possible principles.
Preventive Anti-Corruption Policies and Practices
Authors: Carr Indira
Published: August 2024

This section is about Article 5 of the United Nations Convention Against Corruption (UNCAC), dealing with Preventive Anti-Corruption Policies and Practices
Public Reporting
Authors: Williams-Elegbe Sope
Published: August 2024

This section is about Article 10 of the United Nations Convention Against Corruption (UNCAC), dealing with Public Reporting
Measures Relating to the Judiciary and Prosecution Services
Authors: Slingerland Willeke
Published: August 2024

This section is about Article 11 of the United Nations Convention Against Corruption (UNCAC), dealing with Measures Relating to the Judiciary and Prosecution Services
Private Sector
Authors: Hess David
Published: August 2024

This section is about Article 12 of the United Nations Convention Against Corruption (UNCAC), dealing with the private sector
Participation of Society
Authors: Lawry-White Merryl
Published: August 2024

This section is about Article 13 of the United Nations Convention Against Corruption (UNCAC), dealing with Participation of Society
Measures to Prevent Money Laundering
Authors: Banna Badr El
Published: August 2024

This section is about Article 14 of the United Nations Convention Against Corruption (UNCAC), dealing with Measures to Prevent Money Laundering
Bribery of National Public Officials
Authors: Kubiciel Michael
Published: August 2024

This section is about Article 15 of the United Nations Convention Against Corruption (UNCAC), dealing with Bribery of National Public Officials
Bribery of Foreign Public Officials and Officials of Public International Organisations
Authors: Kubiciel Michael
Published: August 2024

This section is about Article 16 of the United Nations Convention Against Corruption (UNCAC), dealing with Bribery of Foreign Public Officials and Officials of Public International Organisations
Illicit Enrichment
Authors: Landwehr Oliver
Published: August 2024

This section is about Article 20 of the United Nations Convention Against Corruption (UNCAC), dealing with Illicit Enrichment
Bribery in the Private Sector
Authors: Kubiciel Michael
Published: August 2024

This section is about Article 21 of the United Nations Convention Against Corruption (UNCAC), dealing with Bribery in the Private Sector
Statute of Limitations
Authors: Rose Cecily
Published: August 2024

This section is about Article 29 of the United Nations Convention Against Corruption (UNCAC), dealing with the Statue of Limitations
Mutual Legal Assistance
Authors: Chrysikos Dimosthenis
Published: August 2024

This section is about Article 46 of the United Nations Convention Against Corruption (UNCAC), dealing with Mutual Legal Assistance
Measures for Direct Recovery of Property
Authors: Brun Jean-Pierre
Published: August 2024

This section is about Article 53 of the United Nations Convention Against Corruption (UNCAC), dealing with Measures for Direct Recovery of Property
Mechanisms for Recovery of Property Through International Cooperation in Confiscation
Authors: Ivory Radha
Published: August 2024

This section is about Article 54 of the United Nations Convention Against Corruption (UNCAC), dealing with Mechanisms for Recovery of Property Through International Cooperation in Confiscation
Financial Intelligence Unit
Authors: Ölçer F Pınar
Published: August 2024

This section is about Article 58 of the United Nations Convention Against Corruption (UNCAC), dealing with a Financial Intelligence Unit
Bilateral and Multilateral Agreements and Arrangements
Authors: Banna Badr El
Published: August 2024

This section is about Article 59 of the United Nations Convention Against Corruption (UNCAC), dealing with Bilateral and Multilateral Agreements and Arrangements
Secretariat
Authors: Landwehr Oliver
Published: August 2024

This section is about Article 64 of the United Nations Convention Against Corruption (UNCAC), dealing with the Secretariat
Settlement of Disputes
Authors: Tams Christian J , Scheu Julian
Published: August 2024

This section is about Article 66 of the United Nations Convention Against Corruption (UNCAC), dealing with Settlement of Disputes
Depositary and Languages
Authors: Tams Christian J , Scheu Julian
Published: August 2024

This section is about Article 71 of the United Nations Convention Against Corruption (UNCAC), dealing with Depositary and Languages
General Introduction
Authors: Jennings Sir Robert , Higgins Rosalyn , Tomka Peter
Published: August 2024

This section provides a general introduction to the Statute of the International Court of Justice
Historical Introduction
Authors: Spiermann Ole
Published: August 2024

This section provides a historical introduction to the Statute of the International Court of Justice
Article 2
Authors: Aznar-Gómez Mariano J , Methymaki Eleni
Published: August 2024

This section is about Article 2 of the Statute of the International Court of Justice
Article 3
Authors: Aznar-Gómez Mariano J , Boos Felix
Published: August 2024

This section is about Article 3 of the Statute of the International Court of Justice
Article 5
Authors: Georget Patricia
Published: August 2024

This section is about Article 5 of the Statute of the International Court of Justice
Article 6
Authors: Georget Patricia
Published: August 2024

This section is about Article 6 of the Statute of the International Court of Justice
Article 9
Authors: Fassbender Bardo
Published: August 2024

This section is about Article 9 of the Statute of the International Court of Justice
Article 13
Authors: Dugard John
Published: August 2024

This section is about Article 13 of the Statute of the International Court of Justice
Article 19
Authors: Anderson David , Wordsworth Samuel
Published: August 2024

This section is about Article 19 of the Statute of the International Court of Justice
Article 20
Authors: Khan Daniel-Erasmus
Published: August 2024

This section is about Article 20 of the Statute of the International Court of Justice
Article 32
Authors: Espósito Carlos
Published: August 2024

This section is about Article 32 of the Statute of the International Court of Justice
Article 33
Authors: Espósito Carlos
Published: August 2024

This section is about Article 33 of the Statute of the International Court of Justice
Article 34
Authors: Dupuy Pierre-Marie , Hoss Cristina
Published: August 2024

This section is about Article 34 of the Statute of the International Court of Justice
Article 37
Authors: Simma Bruno , Richemond-Barak Daphné
Published: August 2024

This section is about Article 37 of the Statute of the International Court of Justice
General Principles of Procedural Law
Authors: Kolb Robert
Published: August 2024

This section is about general principles of procedural law
Article 40
Authors: Yee Sienho
Published: August 2024

This section is about Article 40 of the Statute of the International Court of Justice
Counter-Claims Article 80 of the Rules
Authors: Murphy Sean D
Published: August 2024

This section is about counter-claims, Article 80 of the Rules
Article 43
Authors: Mačák Kubo
Published: August 2024

This section is about Article 43 of the Statute of the International Court of Justice
Article 45
Authors: Yee Sienho
Published: August 2024

This section is about Article 45 of the Statute of the International Court of Justice
Article 49
Authors: Tams Christian J , Devaney James
Published: August 2024

This section is about Article 49 of the Statute of the International Court of Justice
Article 50
Authors: Tams Christian J , Devaney James
Published: August 2024

This section is about Article 50 of the Statute of the International Court of Justice
Article 55
Authors: Fassbender Bardo
Published: August 2024

This section is about Article 55 of the Statute of the International Court of Justice
Article 59
Authors: Brown Chester
Published: August 2024

This section is about Article 59 of the Statute of the International Court of Justice
Article 64
Authors: Espósito Carlos
Published: August 2024

This section is about Article 64 of the Statute of the International Court of Justice
Article 66
Authors: Paulus Andreas
Published: August 2024

This section is about Article 66 of the Statute of the International Court of Justice
Article 69
Authors: Karl Wolfram
Published: August 2024

This section is about Article 69 of the Statute of the International Court of Justice
Respecting Customary Practices
Authors: Strecker Amy
Published: August 2024

This chapter analyses Article 13(d) (ii) of the 2003 ICHC with respect to customary practices. First, it traces the consideration of customary practices from the early discussions on a standard-setting instrument to its eventual formulation in Article 13 of the Convention. Second, the chapter discusses the scope and implications of Article 13(d)(ii) with reference to concrete examples of its interpretation and use in nomination files, as well as its connection to other articles of the Convention. Last, Article 13(d)(ii) is considered in light of its relationship to other international instruments, particularly the two international human rights covenants of 1966, the United Nations Declaration on the Rights of Indigenous Peoples, the Convention on Biological Diversity and the World Heritage Convention. While the latter contains no such clause concerning respect for customary practices of communities, Article 13(d)(ii) of the ICH Convention provides that each State Party shall endeavour to adopt measures aimed at ensuring access to the ICH while respecting customary practices governing access to specific aspects of such heritage. Furthermore, Article 13(d)(ii) can be viewed as a backdoor to asserting a certain degree of autonomy in the absence of other provisions in the Convention recognizing indigenous customary norms more generally.
Programmes, Projects, and Activities for the Safeguarding of the Intangible Cultural Heritage‘Cinderella’ of UNESCO Heritage Lists
Authors: Schreiber Hanna
Published: August 2024

This chapter addresses the process of the drafting, establishing, functioning, and possible future development of the programmes, projects, and activities for the safeguarding of ICH. These are covered under Article 18 of the 2003 Convention. Article 18, together with Articles 16 and 17, create the ‘listing system’ of the Convention aimed at implementing the principle of safeguarding at the international level. As is the case of the former two lists, the name under which this system is currently known — the Register of Good (formerly: Best) Practices — does not appear in the exact wording of Article 18. However, it brings attention to the national, sub-regional, and regional programmes, projects, and activities which the Committee considers as optimally reflecting the principles and objectives of this Convention.
International Assistance
Authors: Vrdoljak Ana Filipa
Published: August 2024

This chapter covers Articles 20 to 24 concerning the purposes, types, and the process of requesting international assistance. It focuses on the rationale and the mechanics of international assistance under the 2003 Convention. First, there is a brief examination of the place of international assistance as one of the driving aims of the Convention, together with a look at the purposes of international assistance itself as defined by that instrument. Next, the chapter considers the forms of international assistance sanctioned by the Convention and its related instruments. Then the chapter moves onto the mechanics of international assistance, including an overview of the formalities prescribed for requests, the evaluation criteria and process, and finally, the monitoring and reporting requirements for successful requests for international assistance. This chapter concludes with a critical examination of the implementation of international assistance in the first decade plus of the Convention’s operation.
Transitional Clause on the Relationship to the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity
Authors: Aikawa-Faure Noriko
Published: August 2024

This chapter focuses on Article 31, which specifies the relationship of the 2003 Convention to the UNESCO programme for the Proclamation of the Masterpieces of the Oral and Intangible Heritage of Humanity (‘Proclamation programme’). It shows that different stages of the drafting process of the Convention are reflected throughout the terms used in Article 31. They are closely connected with crucial debates concerning the Representative List and the criterion of ‘having outstanding value’, the underpinning criterion of the Proclamation programme. Throughout the negotiation of the Convention, the Asian and African States were in favour of introducing this concept into the new Convention. Some of the Asian countries, such as Japan and the Republic of Korea, had a long tradition of state protection of their ICH. Naturally, these countries proposed introducing their national List-based mechanisms together with the criterion of ‘excellence’ at the international level.
The Convention for the Safeguarding of the Intangible Cultural Heritage and Human Rights
Authors: Lixinski Lucas
Published: August 2024

This chapter argues that the relationship between the 2003 ICHC and human rights quietly leans towards an embrace of multiculturalism and even a degree of relativism that modifies the tone of human rights as a limit to what can be treated as ICH, thereby being an important instance of the ICHC being transformed by its subsequent practice. It first engages with the relationship between ICH and universal human rights, or human rights as a more abstract idea. The chapter then problematizes these relationships by looking at cultural relativism and ICH’s uneasy stance as protecting cultural diversity within certain bounds. Afterward, this chapter revisits some of the issues surrounding the adjudication of cultural identity and the role heritage can play, using Federico Lenzerini’s idea of the culturalization of human rights as a means of framing the debate. This adjudicatory perspective, though, focuses primarily on individuals’ rights, and the ICHC gives primacy to group interests. As such, this chapter also focuses on ICH and the ICHC in the context of group rights.
Conclusions
Authors: Blake Janet , Lixinski Lucas
Published: August 2024

This concluding chapter examines some of key gaps that still need addressing in the 2003 ICHC’s framework. It also considers strategies for enhancing ICH safeguarding practices around the world. These both require one to think of the 2003 ICHC, and ICH more broadly, beyond the territorial state, and in relation to a standard-setting web that extends beyond the Convention. The chapter suggests that all of these steps would greatly benefit from a (re)claiming of legal agency and expertise within this space. However, there are inherent difficulties in the engagement of lawyers with the 2003 ICHC, and even cultural heritage law more broadly, that need unpacking and resolution.
Notions and Sources
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

This chapter clarifies the concept of human rights in legal terms. Although there is no legal definition that would clearly distinguish human rights from other guarantees and entitlements deriving from international law, the characteristic traits of human rights may be described as follows: human rights create entitlements; the beneficiaries of these entitlements are individuals; these rights can be asserted vis-à-vis states or quasi-state entities but, in principle, not private actors; they are applicable, as a matter of principle, in peacetime and in times of armed conflict; they are internationally guaranteed; and this international entrenchment of human rights is rooted in the acknowledgment by states that the entitlements in question are necessary to safeguard human dignity and the development of the human person and must therefore be deemed fundamental.
Treaty Bodies
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

This chapter deals with the international human rights bodies established by human rights treaties (treaty-based bodies) to monitor the implementation of the treaties concerned. Each of the nine core UN human rights conventions provides for setting up of an independent body to monitor the implementation of the respective treaty by its states parties. These bodies, known as committees, are composed of independent experts, all of whom serve on a voluntary basis. Depending on their workload and available financial means, the committees hold between one and three sessions annually, usually in Geneva. Each session runs for two or three weeks. The remainder of the chapter discusses state reporting procedure, individual complaint procedures, and other procedures.
Protection of Human Identity: Prohibition of Discrimination and Protection of Minorities
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

This chapter discusses the prohibition of discrimination, and protection of minorities. Under international law, the concept of discrimination denotes specific and qualified cases of unequal treatment that have the purpose or effect of making adverse distinctions on the grounds of race, sex, birth, ethnic origin, religion, political opinion, and other, similar reasons such as age or disability. Thus, international law enshrines several approaches to and categories of prohibitions to discriminate. General prohibitions of discrimination can be invoked by any individual, whereas prohibitions of discrimination against women, racial discrimination, and discrimination of persons with disabilities or based on sexual orientation only address specific types of particularly serious discrimination. Guarantees protecting the collective rights of minorities and indigenous peoples, while going beyond prohibitions of discrimination in a strict sense, are grounded in the need to address the often traditional and systematic marginalization of such groups.
Protection of Private Life
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

This chapter discusses the right to private life, which is reflected in the International Covenant on Civil and Political Rights as well as in all regional conventions. ‘Private life’ covers a multitude of rights including the right to respect for privacy understood as the right of everyone to personal autonomy, i.e. the right to make autonomous decisions regarding personal matters; for example, one's personal relations, lifestyle, or whether to undergo medical treatment. The right to family, which protects the right to live together within the family, prohibits — albeit not absolutely — authorities, for instance, from forcibly separating children from their parents or spouses from each other. The right to private life is supplemented by the right to marry and to found a family, which precludes the state from prohibiting a man and woman of marriageable age from marrying and founding a family.
Protection of Persons Deprived of their Liberty
Authors: Kälin Walter , Künzli Jörg
Published: August 2024

This chapter discusses protection of persons deprived of their liberty, particularly those who fall into the hands of the state as a result of being arrested, detained, imprisoned, or otherwise held in a closed institution who are particularly vulnerable to human rights violations. As a result, guarantees of protection of persons deprived of their liberty were among the earliest precursors of human rights. Modern human rights treaties address this subject from four angles: they guarantee the right to liberty and security of person; prohibit arbitrary deprivation of liberty; provide procedural protection against arrest, imprisonment, and other forms of deprivation of liberty; and establish minimum guarantees for the treatment of persons deprived of their liberty.
The Role of Mediation in International Commercial Disputes
Authors: Fach Gómez Katia
Published: August 2024

This chapter reflects on the relevant role currently played by mediation in the resolution of international commercial disputes. It explores the new meaning that some scholars have attached to the widely used acronym ADR. Considering mediation an important part of the ‘appropriate dispute resolution’ mechanisms available to commercial disputants suggests that a new light is shining through this important sector and the principles that it embraces, such as access to justice. This central idea is developed in this chapter, which addresses various highly topical issues in the framework of commercial mediation: the dilemma of compulsory mediation in non-family contexts; the impact of developments in information and communication technology on the mediation milieu; the role of ethics in the contemporary mediation world, and the structure and main objectives of training schemes in international commercial mediation.