bluuebunny/crossref_metadata_2025 huggingface dataset:
Conclusion
Authors: Petsche Markus
Published: August 2024

This conclusion has a twofold purpose. First, it summarizes the principal findings of the book. These notably include that (a) a majority of tribunals follow the ‘objective’ approach; (b) the principal arguments relied upon in support of this approach are the principle of effective interpretation and the ICSID Convention’s drafting history (none of which is plainly convincing); (c) most tribunals consider that the meaning of ‘investment’ under Art 25 ICSID Convention is best captured by the Salini test; (d) the Salini test rests on shaky foundations and is highly problematic; (e) some tribunals have adopted alternative approaches which are equally, if not more, flawed; (f) treaty definitions of ‘investment’ have traditionally been broad, asset-based definitions but have recently become more restrictive; (g) tribunals have started applying objective definitional criteria of ‘investment’ under investment treaties; (h) definitions of ‘investment’ contained in investment differ in various respects from treaty definitions; and (i) the ambiguity as to the nature of ‘investment’ remains largely unresolved. Second, the conclusion presents a few observations concerning current challenges and possible future developments. Please suggest 5—10 keywords that can be used for describing the content of the chapter.
The Right to Family Reunification
Authors: Pobjoy Jason M , Tobin John
Published: August 2024

This section is about Article 10 of the UN Convention on the Rights of the Child dealing with The Right to Family Reunification.
The Rights to Freedom of Association and Peaceful Assembly
Authors: Breen Claire
Published: August 2024

This section is about Article 15 of the UN Convention on the Rights of the Child dealing with The Rights to Freedom of Association and Peaceful Assembly.
The Right to a Standard of Living Adequate for the Child’s Development
Authors: Nolan Aoife
Published: August 2024

This section is about Article 27 of the UN Convention on the Rights of the Child dealing with The Right to a Standard of Living Adequate for the Child’s Development.
Investment Treaties, Foreign Investment, and Development
Authors: Bonnitcha Jonathan , Skovgaard Poulsen Lauge N , Waibel Michael
Published: August 2024

This chapter examines the aggregate economic effects of investment treaties, focusing on their impact on investment flows and economic development. The first section reviews studies of investment treaties’ investment protection provisions on foreign investment. The second section examines the impact of investment treaties on governance. Both sections outline the findings of existing empirical studies, assess the relevance of these findings, and discuss the methodological and measurement challenges that make it difficult to draw strong conclusions from the existing literature. The third section examines the impact of the investment liberalization provisions of investment treaties on foreign investment and development. These provisions, which are increasingly common, could have important, yet largely unexplored, macroeconomic effects.
Neutrality in Contemporary International Law
Authors: Upcher James
Published: August 2024

The law of neutrality—the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities—assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed—the extra-legal character of war—no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and non-belligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral States and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of the law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
Abuse of Privileges and Immunities (Article VII Sections 24–25 Specialized Agencies Convention)
Authors: Barros Ana Sofia , Ryngaert Cedric
Published: August 2024

This chapter discusses Article VII Sections 24–25 of the Specialized Agencies Convention. Section 24 serves as a counterweight to the privileges and immunities granted to the Specialized Agencies. Whilst waiver of immunity constitutes the usual formula to respond to abuses of privileges and immunities, the present provision introduces a new set of procedures aimed at settling disputes arising out of such circumstances. It is thus a provision for which there is no precedent, including within the framework of the General Convention, which only deals with abuses allegedly perpetrated by UN officials. The purposes of Section 25 are twofold. On the one hand, it provides a clear means to deal with situations where the government of a country in which officials and representatives of members are exercising their functions wishes to have them leave due to undesirable activities unrelated to their official functions. On the other hand, the present section is also protective of officials and member State representatives, inasmuch as it provides them with strong safeguards in cases of expulsion.
Annexes and Application (Article X Sections 33–40 Specialized Agencies Convention)
Authors: Moradi Behrouz
Published: August 2024

This chapter discusses Article X Sections 33–40 of the Special Agencies Convention. Art. X sets out the procedures so that the Specialized Agencies Convention could become applicable to, and binding on, each Specialized Agency. On a procedural level, it determines the unique structure of the Convention as a set of standard clauses and individual, modifying annexes. It regulates processes such as the approval by each Specialized Agency of the applicable annex; acceptance by each agency of the standard clauses as modified by the relevant annex; and application to each agency of the convention. Moreover, the provisions of Art. X confirm the binding legal character of obligations assumed by a Specialized Agency under the Convention. Art. X also contains rules that facilitate harmony within the regime of privileges and immunities of the Specialized Agencies. It recognizes the role of other sources of privileges and immunities, such as the headquarters arrangements, bilateral agreements, and constituent instruments of the Specialized Agencies. At the same time, the article resolves potential conflicts between the provisions of the Convention and these other sources by providing, in effect, that privileges and immunities derived from these sources take priority over privileges and immunities derived from the Convention itself.
Annex III—International Civil Aviation Organization (ICAO)
Authors: Augustin John V , Opolot Andrew
Published: August 2024

This chapter discusses Annex III of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Civil Aviation Organization (ICAO). The Specialized Agencies Convention which includes Annex III, came into force on 2 December 1948. Annex III deals specifically with the privileges and immunities accorded to the President of the ICAO Council as well as to experts utilized by the Organization. At present, 114 States have indicated that they shall apply the provisions of the Specialized Agencies Convention and Annex III to ICAO while 12 State parties to that Convention have not. The remainder of the chapter covers the drafting history and key elements of Annex III.
Annex VII—World Health Organization (WHO)
Authors: Burci Gian Luca
Published: August 2024

This chapter discusses Annex VII of the Specialized Agencies Convention, which modifies some of the standard clauses of the Convention with regard to the structure, governance, and policies of the World Health Organization (WHO). Annex VII comprises a set of default provisions that may become applicable in case of lack of more specific obligations contained in bilateral agreements or national legislation. It is certainly the case of the participation of experts in meetings covered by host or conference agreements, or technical cooperation activities falling under dedicated basic or project agreements. The available archival material does not reveal any specific case falling under Annex VII. The remainder of the chapter discusses the drafting history and key elements of Annex VII.
Annex XV—World Intellectual Property Organization (WIPO)
Authors: Reinisch August
Published: August 2024

This chapter discusses Annex XV of the Specialized Agencies Convention, which modifies the application of the Convention in respect to the World Intellectual Property Organization (WIPO) in a similar fashion as other annexes do with regard to other Specialized Agencies. Annex XV provides for a number of additional privileges and immunities, not routinely applying by operation of the Convention itself. It accords the privileges, immunities, exemptions, and facilities referred to in Article VI, Section 21, of the standard clauses to the Deputy Directors General of the WIPO. Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the Organization are also accorded privileges and immunities so far as is necessary for the effective exercise of their functions, including immunity from personal arrest or seizure of their personal baggage and inviolability of all papers and documents relating to the work on which they are engaged for the Organization.
Investor-State Arbitration
Authors: Sabahi Borzu , Rubins Noah D , Wallace Jr
Published: August 2024

This second edition provides a fresh look at the legal framework for the protection of foreign investment. The chapters analyse some of the key issues surrounding this subject focusing on international arbitration between states and investors under bilateral investment treaties. Since the previous edition, major changes have taken place in this dynamic field. Proliferation of investment disputes and multi-billion-dollar arbitral awards have helped attract more attention to this technical field. The profound impact of the disputes and the shortcomings of the arbitration mechanism of investment treaties have also caused a global backlash, landing a spot for the reform of investor-state arbitration on the agenda of the United Nations Conference on International Trade Law. All chapters, therefore, have been revised to take into account these developments and the massive volume of jurisprudence and commentary on the subject of international investment arbitration since the first edition. The chapters carefully consider the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks.
Special Procedures: Applications and Motions
Authors: Rubins Sabahi
Published: August 2024

This chapter assesses five special procedures used in investment treaty arbitration: challenge of arbitrators; early dismissal of unmeritorious claims; interim measures; third party submissions; and consolidation. Challenge mechanisms allow the parties to a dispute to disqualify an arbitrator by demonstrating a reasonable objective concern that the arbitrator lacks the requisite independence or impartiality to serve. A request for interim relief is a method of obtaining temporary assistance from an arbitral tribunal until a final award is rendered. The parties to investment arbitration frequently request such relief to preserve their rights, conserve the status quo, and prevent aggravation of the dispute. Lastly, consolidation is the unification of two or more separate proceedings in a single arbitration, which is possible only in very limited circumstances.
Election of Forum: Treaty Arbitration, National Courts or Contract Arbitration
Authors: Rubins Sabahi
Published: August 2024

This chapter examines the three primary fora for the adjudication of investor-state disputes: the national courts where the investment is made; an arbitral forum that the parties may have selected by contract; and an investment treaty tribunal. It explains how fork in the road and waiver clauses operate. The more common type of fork in the road provision requires that the investor-claimant choose a forum at the outset of the dispute resolution process. A claimant’s commencement of national court litigation may preclude recourse to investment treaty arbitration at some later time and vice versa. Meanwhile, a growing number of investment treaties establish a different provision with respect to the choice of remedies, which has become known as the waiver approach: an investor must waive its rights to initiate or continue local litigation before it can file for treaty arbitration. Such waiver clauses prevent only a return to local courts once international arbitration has been selected.
Umbrella Clauses
Authors: Rubins Sabahi
Published: August 2024

This chapter focuses on umbrella clauses. Most investment treaties provide investors with a relatively standard set of protections, including the rights to national treatment, most-favoured-nation treatment, protection and security, fair and equitable treatment, and compensation for expropriation. Some treaties provide an additional layer of protection by specifically requiring host states to honour the commitments that they have undertaken vis-à-vis foreign investments. Known as ‘umbrella clauses’, these provisions appear to provide a route through which investors can seek to transform their contractual rights into treaty rights, although the interpretation and application of such clauses is one of the most controversial areas of substantive investment law. The tribunals remain divided on proper interpretation of the umbrella clauses, which is why it has been identified as one of the areas of concern by UNCITRAL Working Group III’s work on the reform of the ISDS.
Expropriation
Authors: Rubins Sabahi
Published: August 2024

This chapter addresses expropriation, which is the taking by a government of privately owned property. Such a taking is recognized as within the inherent power of a state over property located in its territory, and where the state expropriates its own citizens’ property, international law is not implicated. Indeed, regardless of whether the property expropriated is in foreign hands, expropriation is not per se wrongful under customary international law or investment treaties unless certain other conditions are present. The law of expropriation is concerned with the way states must treat foreign investment; expropriation is, in fact, a subset of the responsibility that a state has for injuries to nationals of another state. Issues of particular interest include the types of property protected from expropriation, either through the terms of a treaty or through customary international law; the boundary between normal government regulation and indirect expropriation; and the valuation of property that has been expropriated.
‘Fair and Equitable Treatment’, ‘Full Protection and Security’, and ‘War Clauses’
Authors: Rubins Sabahi
Published: August 2024

This chapter describes the standards of protection in modern investment treaty disputes: fair and equitable treatment (FET), full protection and security (FPS) and their relation to the minimum standard of treatment under customary international law; and war clauses. Faced with the broad FET provisions, investment arbitration tribunals have tried to attribute objective and concrete meaning to the term. A review of arbitral practice demonstrates several key points. First, violation of FET does not necessarily involve bad faith on the part of the state. Second, arbitrators tend to agree that the application of FET depends on the facts presented in a particular case. Third, a number of arbitral tribunals have recognized that states may be entitled to a margin of appreciation in exercising their regulatory powers. While FET targets affirmative action by the state, FPS relates primarily to the state’s failure to take action. Meanwhile, war clauses concern the treatment of foreign investors in times of civil disturbance and armed conflict.
Annulment, Set Aside, and Refusal to Enforce
Authors: Rubins Sabahi
Published: August 2024

This chapter discusses the procedures for challenging the validity of a final or interim arbitration award. The International Centre for Settlement of Investment Disputes (ICSID) Convention calls this procedure ‘annulment’, which takes place before a three-member arbitral tribunal known as an ad hoc or annulment committee. In a non-ICSID context, the parties may try to ‘set aside’ investment treaty arbitration awards at the seat of arbitration. The set aside proceedings are governed by the relevant legislation at the seat of arbitration, which normally adopts grounds for setting aside of the UNCITRAL Model Law on International Commercial Arbitration. National arbitration legislation, including those based on the UNCITRAL Model Law, also contain grounds for refusing enforcement of arbitral awards. The UNCITRAL Model Law grounds for refusal to enforce are almost identical to the grounds for set aside. However, a refusal to enforce, unlike the set aside that takes place at the seat, can take place in any jurisdiction where an award-creditor tries to enforce the award.
Introduction
Authors: Mossop Joanna
Published: August 2024

This introductory chapter describes the purpose and scope of the book. The goal is to focus on the legal issues that require coastal States to regulate activities on and above the continental shelf beyond 200 nm differently to those within 200 nm. It is also important that States with vessels navigating and conducting activities in the high seas above a coastal State’s continental shelf are aware of the extent to which coastal State regulations might appropriately limit such activities. The chapter briefly discusses the development of coastal State rights to the continental shelf. It outlines the provisions of Part VI of the Law of the Sea Convention (LOSC), relating to the continental shelf. The chapter then sets out the purpose and scope of the other chapters in the book.
The Development of Sovereign Rights to Continental Shelf Resources
Authors: Mossop Joanna
Published: August 2024

This chapter outlines the development of the continental shelf regime and addresses some fundamental questions about the nature of coastal State rights. It examines the historical development of the continental shelf regime from the Truman Proclamation, to the Convention on the Continental Shelf, to the Law of the Sea Convention (LOSC). It also sets out the historical basis for the inclusion of sedentary species in Part VI of the LOSC. The chapter then gives a brief overview of the process for the delineation of the outer limits of the continental shelf and the operation of the Commission on the Limits of the Continental Shelf (CLCS). The chapter argues that coastal States have rights to the resources of the continental shelf beyond 200 nm, independently of the issuance of any recommendations from the CLCS. Finally, it evaluates the status of articles 76 and 82 of the LOSC under customary international law.
Living Resources and Protection of the Environment on the Continental Shelf Beyond 200 Nautical Miles
Authors: Mossop Joanna
Published: August 2024

This chapter explores the issues that arise from coastal State rights over living resources on the continental shelf. As scientific understanding of the ecosystems of the continental shelf has increased, the international community has recognized the need to consider conservation and sustainable use of marine biodiversity. The chapter describes the range of environmental obligations on coastal States to preserve and protect the marine environment and to take procedural steps to ensure that activities on the continental shelf do not cause harm to another State or to the global commons. These obligations provide the context for discussing the issues involved with exploiting both living and non-living resources on the continental shelf beyond 200 nm. The chapter then discusses some of the challenges facing coastal States in managing and regulating activities focused on the living resources of the continental shelf, including bioprospecting and fishing.
Enforcement Powers of Coastal States in Relation to the Continental Shelf Beyond 200 Nautical Miles
Authors: Mossop Joanna
Published: August 2024

This chapter explains why coastal States have a right to enforce their regulations in relation to the continental shelf beyond 200 nm against foreign vessels on the high seas. It is well recognized in international law that enforcement jurisdiction may not always coexist with prescriptive jurisdiction. Although there is no explicit provision in the Law of the Sea Convention (LOSC) allowing for enforcement jurisdiction in relation to the continental shelf, the historical development of the continental shelf doctrine demonstrates that ‘sovereign rights’ were taken to include both legislative and enforcement rights. This approach is supported by limited State practice, and has been confirmed in recent international decisions.
Challenges to Successful Outcomes in Sexual Violence Cases
Authors: Jarvis Michelle , Vigneswaran Kate
Published: August 2024

This chapter explores how misconceptions about the nature of conflict-related sexual violence and barriers impeding victims from speaking out presented obstacles to overcome in successfully prosecuting sexual violence. Misconceptions, such as those that oversimplify matters or enforce certain prejudices, can impede accountability. Other challenges to a successful prosecution involve the reluctance of the victims to come forward due to societal pressures, the varied methods for addressing the issue on an international scope, among others. This chapter also describes how these obstacles, in combination with the broad discretion resting with individuals working on conflict-related atrocities, increased the complexity of establishing accountability for sexual violence crimes. Yet it is important to note that, despite the many obstacles discussed, such barriers are not impossible to overcome.
Equitable and Reasonable Utilization and Factors
Relevant to Determining Such Utilization (Articles 5 and 6)
Authors: Caflisch Lucius
Published: August 2024

This chapter discusses Article 5, which is concerned with equitable and reasonable utilization and participation, and Article 6, which deals with factors relevant to equitable and reasonable utilization. It first considers the preparatory works of the UN Watercourses Convention, paying special attention to the views of the International Law Commission’s (ILC) Special Rapporteurs and the Draft Articles submitted by the Commission to the UN General Assembly. It also examines the negotiations conducted in the Working Group of the Whole of the UN General Assembly’s Sixth Committee, the customary nature of Articles 5 and 6, and the relationship of the two articles with other provisions of the Convention, particularly the ‘no-harm’ rule of Article 7. Finally, Articles 5 and 6 are critically assessed.
Prevention and Mitigation of Harmful Conditions and
Emergency Situations (Articles 27 and 28)
Authors: Moynihan Ruby , Magsig Bjørn-Oliver
Published: August 2024

This chapter analyses Article 27, which requires States to take measures to prevent or mitigate harmful conditions that may be a result of both natural causes (for example, floods and droughts) or human conduct, and Article 28, which governs emergency situations that cause—or pose an imminent threat of causing—serious harm to watercourse States or other States. The chapter first considers the evolution and meaning of obligations to prevent and mitigate harmful conditions and emergencies before discussing the scope, customary value, and normative impact of Articles 27 and 28 as well as their relations with other articles in the UN Watercourses Convention. It also examines a number of issues which have been identified with Articles 27 and 28, including their failure to comprehensively account for human-induced climate change impacts on emergency situations, and natural disasters.
The International Court of Justice
Authors: Thirlway Hugh
Published: August 2024

Article 59 of the Statute of the International Court of Justice limits the force of each decision of that court to the parties and to the particular case. It has, however, become common knowledge that the jurisprudence of the International Court of Justice (ICJ) has made substantial contributions to the establishment and development of international law in a number of fields. A comprehensive study of the International Court of Justice, this book explains all aspects of this increasingly significant legal body, including an overview of the Court’s composition and its operation, its jurisdiction, its procedure, and the nature and impact of its jurisprudence.
The Law Applied by the Court
Authors: Thirlway Hugh
Published: August 2024

This chapter offers some general points concerning the application of international law by a tribunal, and specifically by the International Court. Article 38 of the International Court of Justice (ICJ) Statue in particular outlines instances of international law that the Court is meant to apply. The first is international conventions — whether general or particular, and establishing rules expressly recognized by the contesting states. Next is international custom, as well as the general principles of law recognized by civilized nations. And finally, the Court is subject to the provisions of Article 59, with judicial decisions and the teachings of the most highly qualified publicists of the various nations as subsidiary means for the determination of rules of law. The chapter also discusses other concepts in relation to the topic: the role of equity, certain humanitarian considerations, the concept of peremptory norms, and the principle jura novit curia (‘the court knows the law’).
Central Concepts in the Paris Agreement and How They Evolved
Authors: Rajamani Lavanya , Guérin Emmanuel
Published: August 2024

This chapter introduces the core conceptual pillars which were at the heart of the four-year negotiations for the Paris Agreement. These are: the ambition of global efforts to lower greenhouse gas (GHG) emissions, differentiation between developed and developing countries, and the provision and mobilization of support for climate change efforts. These core conceptual pillars formed the subject of dedicated Ministerial engagement convened by the French Presidency in the second week in Paris. Thus the chapter asserts that the Paris Agreement strikes a fine balance between ambition, differentiation, and support to deliver an agreement acceptable to all Parties. Similarly, the Paris Agreement pays attention to dynamic, sensitive to political, scientific, and technological advances and national capacities, circumstances, and constraints.
Voluntary Cooperation (Article 6)
Authors: Howard Andrew
Published: August 2024

This chapter provides an analysis for Article 6 of the Paris Agreement. The Article sets out several routes through which countries may wish to cooperate in implementing their nationally determined contributions (NDCs). Cooperation is to be on a fully voluntary basis and is to help make countries' climate action more efficient, allowing in turn for ambition in both mitigation and adaptation actions to rise. The chapter discusses how Article 6 sets the balance between proponents and detractors of market approaches to climate action. In addition, it looks at how Article 6 sets out three tangibly different approaches to international cooperation; via the cooperative approaches under Article 6.2 and 6.3, the UNFCCC-governed crediting mechanism under Article 6.4 to 6.7, and the framework for non-market approaches under Article 6.8 and 6.9.
Adaptation (Article 7)
Authors: Suárez Pérez Irene , Churie Kallhauge Angela
Published: August 2024

This chapter looks at how Article 7 of the Paris Agreement consolidates a consensual understanding of what adaptation is, and defines a framework for action by all countries. Article 7 makes the connection between cause and consequence visible, and recognizes that it is a challenge to achieve sustainable development. Adaptation within the Agreement moreover recognizes the link between mitigation ambition and adaptation needs and the requirement for a balanced allocation of financial resources to support mitigation and adaptation in developing countries. Transparency rules are applied softly for action yet comprehensively for support. They are focused on key issues such as planning process, effectiveness, and international follow up to priorities, plans, needs, and actions of developing countries that will further promote enhanced action.
The Extra-Territorial Applicability of International Human Rights Law
Authors: Murray Daragh
Published: August 2024

This chapter outlines the circumstances in which human rights law obligations are applicable extra-territorially. It sets out the different categories of extra-territorial jurisdiction that have been found by international and national courts applying human rights law, distinguishing between those cases where the State has human rights obligations because of its control of a territory and cases where State agents exercise authority and control over an individual such as to bring the person within the jurisdiction of the State. Finding that human rights law applies extra-territorially does not mean that all of the State’s human rights treaty obligations apply with respect to a particular situation. With the exception of operations within a State’s own territory and situations of occupation, human rights obligations can be ‘divided and tailored’, such that only those human rights obligations relevant to the situation are applicable.
The Relationship Between the Law of Armed Conflict and International Human Rights Law
Authors: Murray Daragh
Published: August 2024

This chapter deals with the relationship between the law of armed conflict and international human rights law. It begins by discussing how this relationship has been addressed in international case law, and what conclusions can be drawn. It then considers the appropriate relationship between the law of armed conflict and international human rights law, and discusses how the overall legal framework to be applied in specific situations may be determined. Next, it explains how the balance between the primary and secondary frameworks may be determined under both the ‘active hostilities’ and ‘security operations’ frameworks. The final section examines the role of derogations, in both international and non-international armed conflict.
Protection of Civilians in the Hands of a Party to the Conflict
Authors: Murray Daragh
Published: August 2024

This chapter addresses the protection of civilians in the hands of a party to the conflict. The law of armed conflict establishes specific protections in this regard. These rules are consistent with international human rights law, which adds further detail with respect to the content of specific obligations. The chapter discusses the basic standards of treatment applicable to all civilians in the hands of a party to the conflict, covering humane treatment, prohibited acts, arrest and detention, conditions of detention, trial, protection of women and children, giving and receipt of family news, and delivery of relief supplies. It then explains the law on the evacuation of children, protected persons who are aliens in the territory of a party to the conflict, and restrictions on protected persons.
Humanitarian Assistance
Authors: Murray Daragh
Published: August 2024

This chapter deals with the delivery of humanitarian assistance by States’ armed forces. Military involvement in the delivery of humanitarian assistance typically occurs in one of two situations: first, outside armed conflict, when States’ armed forces offer assistance in times of emergency, e.g. natural disasters and the provision of assistance during peace support operations and multinational operations; and, secondly, during armed conflict, when States’ armed forces provide humanitarian assistance, e.g. the provision of assistance during peace support operations and multinational operations. The chapter discusses the relevant legal requirements for relief operations, the delivery of humanitarian assistance, and coordination of relief actions among the actors involved.
Cybercrimes
Authors: Boister Neil
Published: August 2024

As the Internet has grown, so has criminal activity that uses the internet as a tool, and cybercrime has become a significant threat to both government and private organizations and individuals. Focussing on the substantive criminalisation of cybercrime, this chapter briefly examines the nature of cybercrime and why it calls for a transnational response, before analysing in depth the offences spelled out in the leading multinational treaty, the Council of Europe Convention against Cybercrime. It then comments on the contributions made by other international instruments, before closing with a discussion of the promises and prospects of a broader UN Cybercrime Convention.
Asset Recovery
Authors: Boister Neil
Published: August 2024

Recovery of the instruments or proceeds of crime is problematic for most states because the assets to be recovered are many steps away from the original offence, have often been transformed into other forms of property, and are held in a situation practically impossible to link to the crime, difficulties compounded when the assets are in another state. This chapter examines the international development of asset recovery laws. It looks at provision in the suppression conventions for interim measures such as seizure, criminal confiscation, and civil forfeiture, transnational asset recovery, and the dispersal of the assets. It concludes with a brief comment on the human rights implications and effectiveness of asset recovery.
Introduction
Authors: Rose Cecily , Kubiciel Michael , Landwehr Oliver
Published: August 2024

This chapter provides an introduction to the United Nations Convention against Corruption. The Convention takes a comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. It is a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world. This introduction outlines the Convention’s background, the meaning of the term ‘corruption’ in the context of the Convention, as well as the overall characteristics, structure, and content of the Convention.
Statement of Purpose
Authors: Rose Cecily
Published: August 2024

This section is about Article 1 of the United Nations Convention Against Corruption (UNCAC), which consists of the Statement of Purpose
Protection of Sovereignty
Authors: Pippan Christian
Published: August 2024

This section is about Article 4 of the United Nations Convention Against Corruption (UNCAC), dealing with Protection of Sovereignty
Public Procurement and Management of Public Finances
Authors: Marique Yseult
Published: August 2024

This section is about Article 9 of the United Nations Convention Against Corruption (UNCAC), dealing with Public Procurement and Management of Public Finances
Liability of Legal Persons
Authors: Borlini Leonardo
Published: August 2024

This section is about Article 26 of the United Nations Convention Against Corruption (UNCAC), dealing with Liability of Legal Persons
UN Environment Regional Seas Programme
Authors: Hasegawa Kanako , Mrema Elizabeth
Published: August 2024

This chapter examines how the United Nations Environment Programme (UNEP) contributes to global ocean governance through its Regional Seas Programme. It first provides an overview of UNEP’s mandates on oceans and seas before discussing its Regional Seas Programme, highlighting the importance of Regional Ocean Governance mechanisms for the sustainable management of the oceans and seas. It then cites several examples of activities that UNEP conducts with the Regional Seas programmes to develop integrated regional policies and strategies and shows how Regional Seas programmes help promote integrated ocean management. The chapter also describes activities related to the conservation of marine biological diversity of the areas beyond national jurisdiction and concludes with an assessment of challenges that the UNEP Regional Seas Programme faces.
Participation of Communities, Groups, and IndividualsCGIs, not Just ‘the Community’
Authors: Jacobs Marc
Published: August 2024

This chapter discusses Article 15. It argues that this article is or should probably be the most important article of the 2003 Convention (next to Article 16) – the participation of communities, groups, and individuals (‘CGIs’). Article 15 is the pivotal core of the 2003 Convention, not only because of its contents, but also thanks to its place, at the boundary of the (national/present in its territory) Articles 11–14/15 and the (international) Articles 16–18. The power and the potential are due to the fact that the key terms, ‘communities’, ‘groups’, and ‘individuals’ are not defined and because up to now reductionist attempts to authoritatively define these concepts or replace them by ‘the community concerned’ could be resisted. As such, this chapter discusses Article 15 by systematically drawing attention to all the actors – the CGIs – involved.
Article 2
Authors: Hilpold Peter
Published: August 2024

This chapter comments on Article 2 of the Framework Convention for the Protection of National Minorities (FCNM). Article 2 states that, ‘the provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations, and co-operation between States’. The provision is of enormous importance in elucidating the aim and effect of an otherwise sober and prudent text, and acts as a potential source for dynamic, evolutive interpretations of the Convention. With regard to law-making in a stricter sense, Article 2 can be interpreted as an invitation to the single parties to conclude specific, further reaching agreements on particular minority issues.
Article 5
Authors: Gilbert Geoff
Published: August 2024

This chapter comments on Article 5 of the Framework Convention for the Protection of National Minorities (FCNM). Article 5 consists of two sections. Article 5(1) requires states Parties to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage. Article 3(2) requires states Parties to refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and to protect these persons from any action aimed at such assimilation. The chapter concludes that the Advisory Commitee can use Article 5(1) to ensure that states parties to the Framework Convention carry out the most fundamental step in creating a truly pluralistic society: effective dialogue between the state and sub-state entities. Moreover, in the context of the Framework Convention, which operates through the domestic implementation of standards and reports submitted by governments to the Committee of Ministers, it is unlikely that direct assimilation will take place.
Article 7
Authors: Machnyikova Zdenka
Published: August 2024

This chapter comments on Article 7 of the Framework Convention for the Protection of National Minorities (FCNM). Article 7 requires states Parties to ensure respect for the right of national minorities to the freedoms of peaceful assembly, association, expression, thought, conscience, and religion. Article 7 is phrased in very general terms, lacking the detailed rules laid down in other substantive provisions of the Framework Convention. Nevertheless, the connection between the detailed standards of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the freedoms specified in Article 7 provides a coherent basis for its interpretation. In this respect, the content of the rights guaranteed by the ECHR should serve as the focal point for states parties when identifying their legal obligations on the enjoyment of these freedoms by persons belonging to national minorities.
Article 16
Authors: Jackson-Preece Jennifer
Published: August 2024

This chapter comments on Article 16 of the Framework Convention for the Protection of National Minorities (FCNM). Article 16 addresses those circumstances in which policies of demographic change or territorial reorganization are used to deny minority rights. Such policies may include: expropriation; eviction; expulsion; and the redrawing of administrative boundaries (gerrymandering). The temptation to manipulate demographics with a view to limiting or avoiding state obligations towards minorities persists, notwithstanding the now conventional interpretation of the principle of self-determination to exclude minority demands for political independence. Article 16 is intended to protect against precisely this sort of deliberate political manipulation of minority populations by states.
Article 21
Authors: Hilpold Peter
Published: August 2024

This chapter comments on Article 21 of the Framework Convention for the Protection of National Minorities (FCNM). Article 21 introduces a safeguard common in human rights instruments and, in particular, in minority rights documents. On the one hand, it constitutes a concession to the fears of states that granting minority rights could constitute a prelude to territorial disruption. Acts contrary to the fundamental principles of international law and, in particular, of the sovereign equality, territorial integrity, and political independence of states cannot be justified for purposes of minority protection. By severing any linkage of this kind, these provisions assure states that minority rights do not constitute a basis for destabilizing demands. Seen positively, this provision emphasizes, on the other hand, the fact that the entire Framework Convention is founded on the understanding that solutions for minority problems have to be arrived at peacefully and constructively.
The Framework Convention for the Protection of National Minorities
Authors: Weller Marc
Published: August 2024

This appendix presents the text of the Framework Convention for the Protection of National Minorities.
Explanatory Report to the Framework Convention for the Protection of National Minorities
Authors: Weller Marc
Published: August 2024

This appendix presents the Explanatory Report to the Framework Convention for the Protection of National Minorities.
Towards the Convention
Authors: Thornberry Patrick
Published: August 2024

This chapter chronicles the initial drafting process of the Convention. The genealogy of the Convention is complex: it has many progenitors. The experts and delegates drafting the text absorbed influences and processed theories and practice in their own manner, leaving the marks of their reflections on the adopted instrument. They also instituted the Committee on the Elimination of Racial Discrimination (CERD), mandating it to take the standards towards their stated goal: the elimination of racial discrimination. The chapter shows how these delegates wrestled with the concept of race and racial discourse, the place of minorities and non-citizens within the terms of the Convention, and similar issues of racial discrimination both internal and international in scope.
Article 5
Authors: Thornberry Patrick
Published: August 2024

This chapter details the economic, social, and cultural rights outlined in Article 5. These typically focus on the extent to which economic, social, and cultural rights are enjoyed by groups or categories in the population. Other generic questions on this category of rights focus on whether special measures have been adopted and implemented to facilitate the enjoyment of rights; whether the requisite documentation is available to particular groups in order to avail of the rights in practice; and whether structural forms of discrimination, including language barriers, impact negatively on the enjoyment of rights. The effects of austerity, and economic and financial crises, is also the subject of questioning and recommendations, as are situations of poverty or extreme poverty affecting marginalized groups, and the requisite poverty-reduction strategies. These and other recommendations stress the linkages between poverty and racial discrimination—identified as an ‘intersection’.
Article 5
Authors: Thornberry Patrick
Published: August 2024

This chapter reflects on the evidences of discrimination highlighted in chapters 12 and 13. It comments critically on the interpretation of Article 5, taking its travaux, text, and the archive of CERD practice as the starting points. The practice generated by Article 5 presents a complex profile of racial discrimination, illustrating multiple forms and contexts of discrimination and denials of equality, their institutional settings, and contemporary targets. The abstract grounds of discrimination on Article 1, in practice undiminished in scope under Article 5, metamorphose into human form in the complex, interlocking narratives that characterize global practice in the vindication and denial of rights. Ethnic minorities, indigenous peoples, Afro-descendants, caste groups, multiple categories of non-citizens, groups and persons identified through intersectionalities, particularly women and religious groups, bear the brunt of discrimination, as evidenced in the melancholy record of ‘concerns’ over rights and their violations that populate the archives of Article 5.
International Organizations
Authors: Murphy Sean D , Swaine Edward T
Published: August 2024

Chapter 7 discusses the participation of the United States in international organizations. It begins with a historical perspective on U.S. participation in international organizations, looking back to the Articles of Confederation, constitutional design, and the practice emerging from World War I and World War II. The chapter analyzes how the United States has participated in international organizations, examining methods of admission, withdrawal and suspension, and engagement in rulemaking and dispute resolution. It concludes with a discussion of how international organization lawmaking is incorporated into U.S. law through treaty changes, international legislation, international dispute resolution, and these organizations’ execution of international law, while highlighting concerns about the delegation of national authority to international organizations.