bluuebunny/crossref_metadata_2025 huggingface dataset:
Inviolability of Premises (Article III Section 5 Specialized Agencies Convention)
Authors: Pavoni Riccardo
Published: August 2024

This chapter discusses Article III Section 5 of the Specialized Agencies Convention, which sets forth the principle of the inviolability of the premises of the Specialized Agencies, as well as the immunity of the agencies' property and assets from any form of executive, administrative, judicial, or legislative interference. Its wording is identical to Art. II Section 3 General Convention. Practice indicates that, unlike the diplomatic missions and consular posts of foreign States, the Specialized Agencies have not experienced major and long-lasting challenges to, or breaches of the inviolability of their premises and property as set out in Art. III Section 5 of the Specialized Agencies Convention. Yet, as the recent attacks and damage to UN facilities in the Occupied Palestinian Territory show, the growing presence of the Specialized Agencies and other international organizations in areas torn by armed conflict, humanitarian crises, and social unrest engenders a heightened risk for the independence and security of their premises and property.
Inviolability of Archives (Article II Section 4 General Convention)
Authors: Burci Gian Luca
Published: August 2024

This chapter discusses Article II Section 4 of the General Convention, which sets forth the inviolability of the archives of the United Nations, and in general all documents belonging to it or held by it, regardless of the location. The inviolability of the UN' archives, information, records, and internal documents is probably one of the most specific articulations of its privileges and immunities that has undergone and is still undergoing a substantial development from a conceptual, political, and practical point of view. The social and political discourse surrounding the legitimacy, accountability, and transparency of international organizations has influenced and reduced the material scope of Art. II Section 4. From a general claim that whatever was not released to the public (mostly official documents of the UN's intergovernmental bodies) was protected by inviolability, the UN, its funds, and programmes have moved to the position that the default is the accessibility of their records except for an exhaustive list of reasons justifying classification and confidentiality.
Representatives of Members (Article IV Sections 11–16 General Convention)
Authors: Kriebaum Ursula
Published: August 2024

This chapter discusses Article IV Sections 11–16 of the General Convention, which deal with privileges and immunities of representatives of member States to organs of the UN and to conferences convened by the UN. The aim of these provisions is to provide the representatives of member States with the privileges and immunities necessary for the exercise of their functions. It is shown that Art. IV Sections 11–16 have only partially achieved the drafters' objective of specifying the scope of functional immunity stipulated in Art. 105(2) of the UN Charter. States only occasionally rely on the former in asserting privileges and immunities; instances of isolated invocation are rare. A common denominator is the simultaneous application of pertinent regimes contained in headquarters or conference agreements, the UN Charter, the Vienne Convention on Diplomatic Relations (VCDR), and national legislation, blurring delimitations. Contrary to their intended purpose, the relevant provisions of the General Convention are primarily relied upon as a supplementary basis of functional immunity rather than a definition thereof.
Laissez-Passer (Article VII Sections 24–28 General Convention)
Authors: Schoiswohl Michael
Published: August 2024

This chapter discusses Article VII Sections 24–28 of the General Convention. UN officials will inevitably require travelling to countries other than their own in exercising their functions and in fulfilling the purposes of the UN, as enshrined in Art. 1 of the UN Charter. The availability of the fullest possible facilities for official travel, in particular for expedited and unhindered travel, has been recognized early on as an essential part of any regime of privileges and immunities. Art. VII is intended to facilitate such travel of UN officials, namely the United Nations Laissez-Passer (UNLP). However, while the UNLP goes to the heart of the provision, Art. VII and its Sections 24 to 28 of the General Convention are not confined to issues relating to UNLPs and the facilitation of travel of UN officials. It recognizes that a range of persons perform functions for the UN, not only as UN officials, but also as experts on mission as discussed under Art. VI of the General Convention, and the significance of their ability to travel on the business of the UN. Accordingly, Article VII also covers travel facilities of experts on mission and other persons travelling on the business of the UN, including family members of UN officials accompanying them at the expense of the Organization.
Final Provisions (Article XI Sections 41–49 Specialized Agencies Convention)
Authors: Binder Christina
Published: August 2024

This chapter discusses Article XI Sections 41–49 of the Specialized Agencies Convention, which deals with issues which are usually regulated in the final provisions of a treaty. Art. XI establishes the form of adherence to the Specialized Agencies Convention (accession), the Convention's entry into force and related state obligations (Sections 41–44, 46). It also provides for a possible extension of the application of the provisions of the Specialized Agencies Convention to further agencies (Sections 43, 44). It designates the UN Secretary-General and the executive head of a respective Specialized Agency as joint depositaries (Section 42) and details some of their duties (Sections 45, 47.4, 49). It addresses a possible revision of the Specialized Agencies Convention (Sections 47.1, 48) and the conditions for the withholding of the benefits from a specialized agency (Section 47.2, 3). While the issues dealt with are thus similar to those in the General Convention, the complex structure of the Specialized Agencies Convention, with different annexes for the specific agencies, is also reflected in the more complex final provisions.
Annex I—International Labour Organization (ILO)
Authors: Geckeler Tilmann
Published: August 2024

This chapter discusses Annex I of the Specialized Agencies Convention that deals with the International Labour Organization (ILO). In line with the purpose of using distinct annexes to the Specialized Agencies Convention to accommodate the particular needs of each Specialized Agency, Annex I reflects the main particularities of the ILO. Above all, its famous unique tripartite structure is specially protected through the immunities granted to the Employers' and Workers' members of the Governing Body. In addition, the ILO's essential constitutional function of supervising the application of international labour standards is specially protected through the privileges and immunities of experts on mission, which are accorded to persons involved in the supervision who are neither officials nor representatives of Members. However, an important weakness of the Annex lies in the insufficient protection of the freedom of speech of Employers' and Workers' representatives in ILO bodies in their own country.
Annex XII—International Maritime Organization (IMO)
Authors: Reinisch August
Published: August 2024

This chapter discusses Annex XII of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Maritime Organization (IMO). Annex XII of the Specialized Agencies Convention provides for a number of additional privileges and immunities, not routinely applying by operation of the Convention itself. It accords the privileges and immunities, exemptions, and facilities referred to in Article VI, Section 21, of the standard clauses to the Secretary General of the IMO, to the Deputy Secretary-General and to the Secretary of the Maritime Safety Committee. 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.
Annex XIV—International Development Association (IDA)
Authors: Okeke Edward Chukwuemeke
Published: August 2024

This chapter discusses Annex XIV of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Development Association (IDA). The IDA is a Specialized Agency established by agreement among its member Governments and having wide international responsibilities, as defined in its Articles of Agreement, in economic and related fields. On 13 February 1962, the Executive Directors of IDA adopted a Resolution to approve the Text of Annex XIV of the Specialized Agencies Convention. Art. VIII (Status, Immunities, and Privileges) of the Articles of Agreement of IDA is a carbon copy of Art. VII of the Articles of Agreement of the Bank. Consequently, the Commentary on Annex VI of the Specialized Agencies Convention applies mutatis mutandis to this Annex.
Annex XVI—International Fund for Agricultural Development (IFAD)
Authors: Martha Rutsel Silvestre J
Published: August 2024

This chapter discusses Annex XVI of the Specialized Agencies Convention, which modifies the standard clauses of the Convention and their application in respect to the International Fund for Agricultural Development (IFAD). Annex XVI 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 Section 21 of the standard clauses to any Vice-President of the Fund. Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for the Fund 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 Fund.
The Modern System of Investor-State Arbitration
Authors: Rubins Sabahi
Published: August 2024

This chapter examines the modern system of investor-state arbitration. The International Centre for the Settlement of Investment Disputes (ICSID), created pursuant to Article 1 of the ICSID Convention, has come to play a central role in the new system of investor-state arbitration. The cornerstone of ICSID’s jurisdiction is the consent of host countries to resolve investment disputes with foreign investors through international arbitration administered by ICSID, an institution under the umbrella of the World Bank. Host states may provide their consent in individual investment contracts, in national domestic investment laws, or through bilateral and multilateral investment treaties. Bilateral investment treaties typically determine the scope of the application of the treaty, define which investments and investors qualify for protection, provide a number of substantive protections, and create procedures for the settlement of disputes. The chapter then considers multilateral investment treaties and free trade agreements with investment chapters as well as the role of national investment legislation.
Jurisdiction Ratione Temporis
Authors: Rubins Sabahi
Published: August 2024

This chapter identifies the basic temporal rules and issues that arise in investment treaty cases. In international law, facts must be appreciated in light of the law contemporary with them, and not of the law in force at the time a dispute arises or falls to be settled. This non-retroactivity rule, which is codified in Article 13 of the International Law Commission Articles on State Responsibility for Internationally Wrongful Acts, does not prevent a tribunal from considering acts before a treaty entered into force when determining whether a state violated the treaty through conduct that took place after the entry into force of the treaty. Meanwhile, general international law does not necessarily prevent an investment treaty from applying a dispute that arises before its entry into force.
Exhaustion of Local Remedies
Authors: Rubins Sabahi
Published: August 2024

This chapter discusses the exhaustion of local remedies and the notion of futility. The requirement of exhaustion of local remedies is a longstanding rule of customary international law that was developed in the context of diplomatic protection. Under this rule, where a state commits an act that injures a foreign person, the victim traditionally must exhaust all the effective domestic legal remedies before its home government can espouse its claim in the exercise of diplomatic protection. The exhaustion of local remedies may also be required as a substantive element of some international wrongs, such as denial of justice. Most modern investment treaties, however, do not require exhaustion of local remedies as a precondition to submission to arbitration.
State Responsibility, Attribution, and Circumstances Precluding Wrongfulness
Authors: Rubins Sabahi
Published: August 2024

This chapter looks at the rules governing the determination of state responsibility. In 2001, the International Law Commission, as part of its mandate to codify and progressively develop international law, adopted rules reflecting customary law on state responsibility, the Articles on Responsibility of States for Internationally Wrongful Acts (the ILC Articles). Among the rules on state responsibility, attribution and circumstances precluding wrongfulness have been at the centre of numerous investment treaty disputes. Attribution is the process through which the actions and omissions of agents and representatives is imputed to a state. Meanwhile, under customary international law, respondent states can assert a variety of defences to justify their failure to abide by international obligations. The ILC Articles refer to such defences as ‘circumstances precluding wrongfulness’. These circumstances include necessity.
Proving Crimes of Sexual Violence
Authors: Gopalan Priya , Kravetz Daniela , Menon Aditya
Published: August 2024

This chapter details an account of the experience of the Office of the Prosecutor (OTP) in presenting evidence of sexual violence in the courtroom, showing how successful outcomes for sexual violence prosecutions depend upon effective contributions from many different actors throughout the legal process. Victims play a key role and are at the heart of many sexual violence prosecutions. As each victim is impacted differently by sexual violence, the OTP has been guided by a witness-centred approach, tailored to the needs of each individual. Yet while victims are an important source of evidence in sexual violence cases, diversifying sources of evidence can also improve the prosecution’s ability to secure sexual violence convictions. Additionally, this chapter examines the broad range of evidence-including testimony from victims and other witnesses, as well as expert, forensic, and documentary evidence—that is potentially relevant.
Sentencing for Sexual Violence Crimes
Authors: Baig Laurel
Published: August 2024

This chapter evaluates the experience of the Office of the Prosecutor (OTP) in relation to sentencing for crimes involving sexual violence at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Sentencing is a component of OTP practice that has received comparatively limited attention, with the main focus instead being on establishing the guilt of the accused for the crimes charged. One of the key reasons for this has been the ICTY’s practice of addressing sentencing matters as part of the main trial proceedings, rather than holding a separate sentencing hearing once a conviction has been entered. Moreover, after examining the lengths of sentences imposed for sexual violence crimes, this chapter also addresses the considerations relevant to individualizing a sentence—gravity of the criminal conduct, aggravating circumstances, and mitigation and, where possible, the focus will be on those aspects most relevant to crimes of sexual violence.
Using the OTP’s Experience with Sexual Violence Prosecutions as a Springboard for Building National Capacity
Authors: Brammertz Baron Serge , Jarvis Michelle , Šoljan Lada
Published: August 2024

This chapter focuses on the increasingly important topic of building national capacity for sexual violence prosecutions, as transferring information and expertise to assist with the multitude of conflict-related sexual violence cases pending in countries of the former Yugoslavia would be a key step in the mandate completion of the Office of the Prosecutor (OTP). With that in mind, this chapter identifies some of the difficulties arising in national systems in prosecuting conflict-related sexual violence, tracks the OTP’s national capacity building efforts from earliest initiatives, and examines OTP strategies for transferring expertise and information from international to national level. Furthermore, this chapter considers the scope for ICTY procedural and substantive case law concerning sexual violence crimes to help strengthen national legislative and other legal frameworks, and the manner in which the OTP’s experience with conflict-related sexual violence crimes is helping to build national capacity for prosecutions around the world.
Definitions and Use of Terms (Article 2)
Authors: Rieu-Clarke Alistair
Published: August 2024

This chapter focuses on Article 2, which defines several key terms that are used repeatedly throughout the UN Watercourses Convention. The terms examined are ‘watercourse’, ‘international watercourse’, ‘watercourse State’, and ‘regional economic integration organization’, with particular emphasis on the concept of a ‘watercourse’. The chapter first reviews the work of the International Law Commission (ILC) and the UN General Assembly leading up to the adoption of the UN Watercourses Convention before analysing the extent to which the approach adopted in the Convention reflects basin-specific and bilateral treaty practice, the relationship between Article 2 and other provisions of the Convention, and some key aspects of Article 2. It also explores two key issues surrounding the term ‘international watercourse’: the variation in the terms used to describe watercourses that cross sovereign borders, that is, shared, transboundary, and international; and the legal developments pertaining to transboundary groundwater.
The
Interplay between the UN Watercourses Convention and International
Environmental Law
Authors: Rudall Jason
Published: August 2024

This chapter examines the ways in which the UN Watercourses Convention can contribute to international environmental law and how international environmental law might complement the Convention, noting that environmental protection is present in almost every provision of the document. It first places the Convention in the context of the broader development of international environmental law before discussing the key environmental concepts and principles that the Convention adopts, as well as those principles of international environmental law that may be taken into account when interpreting the provisions of the Convention. In particular, it considers an ecosystem approach in the Convention, the issue of transboundary harm, pollution control and prevention, and sustainable development. The chapter concludes with an analysis of the interplay between the UN Watercourses Convention and other environmental agreements such as the climate change regime, the UN Convention to Combat Desertification, and the UNECE Water Convention.
Composition of the Court and Role of the Registry
Authors: Thirlway Hugh
Published: August 2024

This chapter lays out the roles of the persons comprising the Court. The Court consists of fifteen judges, elected by the Security Council and the General Assembly, in separate elections, for terms of nine years. The chapter first defines the functions of the judges of the Court as well as the particular contentions surrounding the title of the judge ad hoc. Next, the chapter looks into the chambers formed by the Court for dealing with particular categories or even specific cases, the latter usually upon request of the parties. Further positions within the Court are discussed, particularly the Presidency and Vice-Presidency of the Court, which directs the Court’s administrative work. Finally the chapter sets out the duties and tasks of the Registrar, noting in particular the position’s unique functions in relation to the staff of the United Nations.
Jurisdiction in Contentious Cases (II)
Authors: Thirlway Hugh
Published: August 2024

This chapter continues the previous chapter’s discussion on jurisdiction. It first outlines some methods of creating jurisdiction: special agreements, treaties, and compromissory clauses; the ‘optional clause’ system; and forum prorogatum. The chapter then turns to the issues surrounding the existence of a dispute as a condition of jurisdiction, before turning to instances wherein the Court has obtained jurisdiction to entertain a particular case, as well as the duty of the Court to exercise its jurisdiction. Finally, the chapter examines the precise nature and extent of the powers vested in the Court, particularly those that are not specifically stated in the governing texts. The Court’s ‘inherent jurisdiction’ is also explained here in more detail.
Intervention
Authors: Thirlway Hugh
Published: August 2024

This chapter features a process called ‘intervention’, whereby a third State becomes involved in a dispute procedure between two parties, and is entitled to present its arguments and evidence to the Court. There are two possibilities for this process provided for under Article 63 of the Statute. The first is that whenever the construction (i.e., interpretation) of a convention to which States other than those concerned in the case are parties is in question, the Registrar shall notify all such States forthwith. Otherwise, every State so notified has the right to intervene in the proceedings, but if it uses this right, the construction given in the judgment will be equally binding upon it. The chapter also discusses intervention under the terms of Article 62 of the Statute, which is more general in scope.
Interpretation and Revision of Judgments
Authors: Thirlway Hugh
Published: August 2024

This chapter lays out the requirements for the interpretation and revision of judgments. Only judgments are subject to interpretation: this follows from (or is at least implied by) the mention of interpretation immediately after the mention of the binding force of a judgment. The chapter explores the problems and stipulations associated with this precondition, such as the binding force of Orders. Revisions of judgments, however, are a process whereby the Court can be made aware of a relevant fact that was not then known to it, and can, if necessary, modify its decision. It is not a procedure for the correction of a mistake allegedly made by the Court on the basis of the material that was before it when it gave the judgment.
The Court at 70
Authors: Thirlway Hugh
Published: August 2024

This concluding chapter reflects on the developments made by the Court since its inception as the Permanent Court of International Justice (PCIJ). Throughout the years the Court has been the subject of much international commendation for its important and valuable contribution to the settlement of present international disputes, and to the settlement of future disputes through the establishment and clarification of international law. However, the Court has also faced criticisms and even arguments urging for reform. The chapter addresses this and other relevant issues raised in recent years. Despite the commendations it has received, the Court has not met the expectations of these critics; hence the chapter looks inward to the composition of the Court and its functions, arguing for the Court’s merits even as it also concedes that the Court itself is not perfect.
Negotiating History of the Paris Agreement
Authors: Bulmer Jane , Doelle Meinhard , Klein Daniel
Published: August 2024

This chapter describes the history of the Paris Agreement negotiations, its milestones, challenges and the significant role played by key actors active in the international climate regime. It takes a broad perspective and includes the negotiation strands that preceded the launch of the Paris Agreement negotiations. The chapter focuses on the negotiations that took place between 2005 and 2015, which can be roughly divided into two blocks. The first block spans the years 2005–2010, which saw developments that formed the twin negotiation tracks under the Bali Road Map. The second block takes place from 2011 to 2015 and comprises further developments which would lead to the adoption of the Paris Agreement. The chapter also gives specific attention to the key actors that played a significant role in shaping expectations, the evolving texts, and the final outcome achieved in Paris.
Loss and Damage (Article 8)
Authors: Siegele Linda
Published: August 2024

This chapter examines Article 8, which addresses the loss and damage associated with the adverse effects of climate change. Its placement in the Agreement separates it from adaptation, signalling that loss and damage carries with it a unique set of cross-cutting issues. There are few ‘action-orientated’ provisions in Article 8 and its accompanying Decision 1/CP.21. However, the operation of the Warsaw international mechanism for loss and damage associated with climate change impacts (‘Warsaw International Mechanism’ or WIM), which was established two years prior to the adoption of the Paris Agreement, is already underway. The WIM's current plan of work already covers many of the areas of cooperation set out in Article 8.4 of the Agreement, including comprehensive risk management, slow onset events, and non-economic losses.
Climate Finance (Article 9)
Authors: Gastelumendi Jorge , Gnittke Inka
Published: August 2024

This chapter focuses on climate finance via Article 9 of the Paris Agreement. Climate finance is a central piece of the international climate change architecture and was determinant in reaching a global agreement on climate change in Paris. The Paris Agreement introduces a broader understanding of climate finance, which historically had been limited to public financial flows from developed to developing country Parties. Article 9 is in line with Article 2.1(c) that sets ‘making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development’ as the third objective of the Agreement. It is a result of the recognition of the economic and financial reality that in order to overcome the challenges posed by climate change, every single kind of available financial flows is needed.
Assessment of Strengths and Weaknesses
Authors: Doelle Meinhard
Published: August 2024

This chapter assesses the strengths and weaknesses of the Paris Agreement. It first discusses the regulatory approaches used in maintaining global cooperation, comparing and contrasting both the Kyoto Approach and the Paris Outcome. The chapter then offers a bird's eye view of the key elements of the Paris Agreement. In particular, it focuses on these key elements as context for the overall assessment of the Paris Outcome. Next, the chapter examines the Paris Outcome in the context of what it aims to do, to motivate state action beyond no regrets action toward an agreed long-term goal through a hybrid, managerial rather than a top-down approach based on an assumption that Parties will act prominently out of self-interest and to spur climate action more broadly. Finally, the chapter concludes with further insights and recommendations for future action.
Understanding International Human Rights Law
Authors: Murray Daragh
Published: August 2024

This chapter provides an overview of international human rights law and its monitoring and judicial bodies, and sketches out the principal differences between this and the law of armed conflict. The discussions cover the relevance of human rights law to the activities of armed forces; the features that distinguish human rights law from the law of armed conflict; State obligations in respect of human rights; limitations to human rights; human rights law instruments (e.g. UN treaties and institutions, other treaties and standards, regional treaties and arrangements, and customary international law); liability and responsibility for violations of the law of armed conflict and human rights law; and pleadings before human rights courts and other bodies.
Identifying, Defining, and Classifying the Activities of Armed Forces
Authors: Murray Daragh
Published: August 2024

While international human rights law may in principle apply across the whole spectrum of military activities, the law of armed conflict applies only in armed conflicts, including belligerent occupation. The classification of a situation as an armed conflict will therefore determine whether that body of law is applicable to particular military activities and which rules will govern the conduct of armed forces. This chapter discusses the interface between non-international and international armed conflict; occupation and the application of international human rights law; other military activities (e.g. peace support operations, humanitarian assistance/disaster relief operations, military operations in the air and in the maritime environment, and multinational operations); and the classification of military activity.
Conduct of Hostilities and Targeting
Authors: Murray Daragh
Published: August 2024

This chapter addresses the use of force during military operations in armed conflict. Both the law of armed conflict and international human rights law apply to such military operations. The degree to which either the law of armed conflict or international human rights law influences the applicable legal framework is dependent upon the situation. The chapter begins by discussing the situations in which the ‘active hostilities’ framework and the ‘security operations’ framework are applied, with a specific focus on the use of force. Key elements of the most relevant international human rights law provisions are then addressed. The remainder of the chapter focuses on specific issues arising in relation to the conduct of hostilities and targeting, and indicates the extent to which international human rights law is applicable in situations of ‘active hostilities’ on the one hand and ‘security operations’ on the other.
Peace Support Operations
Authors: Murray Daragh
Published: August 2024

This chapter deals with peace support operations (PSOs), which are in practice conducted by a number of States, although technically they may be conducted by one State alone. It focuses on PSOs that are established as a subsidiary organ of the United Nations or are otherwise subject to the effective control of the United Nations. The discussions cover the law applicable to PSOs; the regulation of PSO forces that are parties to an armed conflict by the law of armed conflict and international human rights; the regulation of PSO forces that are not parties to an armed conflict by international human rights law; the use of force for the protection of others; responsibility for the actions of an armed force authorized by the United Nations; and the protection accorded to PSO forces not parties to an armed conflict.
Maritime Warfare
Authors: Murray Daragh
Published: August 2024

This chapter addresses the law of armed conflict and international human rights law requirements relevant to naval 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 merchant vessels, auxiliary vessels, and warships. It then discusses basic rules and target discrimination for enemy vessels exempt from attack, enemy warships, enemy merchant vessels, and neutral merchant vessels; methods and means of warfare (e.g. missiles and other projectiles, torpedoes, mines, blockades, and security zones); determination of enemy character of vessels; visit and search of merchant vessels; diversion for the purposes of visit and search; capture of enemy vessels and goods and neutral vessels and goods; protected persons, medical transports; and maritime security operations (e.g. anti-piracy operations, anti-drug trafficking operations, arms embargo interdictions, and weapons and human trafficking interdictions).
Migrant Smuggling
Authors: Boister Neil
Published: August 2024

‘Irregular migration’ in the sense of unauthorized crossing of borders even if in pursuit of asylum raises two questions: whether the movement of individuals whose status as refugees is yet to be determined is a lawful form of migratory movement or not; and whether assisting these individuals to cross borders is lawful or not? This chapter explores the nature of modern migrant smuggling before turning to the criminalization of assistance of migration of individuals whether or not the qualify for refugee status. It examines the main international instrument designed for that purpose, the Migrant Smuggling Protocol, paying particular attention to the various criminal offences in the Protocol. It then shifts its attention to the protection of the migrants themselves under the Protocol, focussing on the inadequacy of their human rights protection.
Emerging Transnational Crimes
Authors: Boister Neil
Published: August 2024

This chapter explores a range of emerging but disparate transnational crimes, some of which are more well-established than others. It examines the development and elements of anti-competitive conduct, intellectual property offences, the counterfeiting of medicines, identity fraud, offences against children, before exploring very briefly whether new suppression conventions are actually necessary to counter emerging threats.
Jurisdiction over Transnational Crime
Authors: Boister Neil
Published: August 2024

This chapter is principally concerned with the role transnational criminal law plays in the extraterritorial expansion by states of their jurisdiction in order to suppress crimes that occur, in whole or in part, abroad. It examines the various principles embodied in provisions of the suppression conventions and used as the basis for that extension: territoriality and its variations, nationality, passive personality, protective jurisdiction, jurisdiction conditional on non-extradition, and (controversially) universality. Finally it looks at problems of concurrent jurisdiction and immunity from jurisdiction. The chapter begins, however, by looking at the distinction between establishing and enforcing jurisdiction and limitations on jurisdiction over transnational crime.
Institutions
Authors: Boister Neil
Published: August 2024

This chapter provides a short guide to the institutions that currently play an important formal and practical role in the creation of new policies and new rules of transnational criminal law and in the administration of the resulting system. In line with the general focus of the book on the global multilateral components of transnational criminal law, rather than regional or national elements, its main focus is on the UN criminal justice institutions, which are based mainly in Vienna. Within the UN different institutions play different roles: some make transnational criminal policy, some transform this into law, some provide oversight and some provide administrative and technical expertise. The following discussion follows this breakdown of functions, before looking at other significant intergovernmental institutions and the role of non-governmental organisations.
Use of Terms
Authors: Spörl Cornelia
Published: August 2024

This section is about Article 2 of the United Nations Convention Against Corruption (UNCAC), dealing with Use of Terms
Scope of Application
Authors: Binder Christina , Hofbauer Jane A
Published: August 2024

This section is about Article 3 of the United Nations Convention Against Corruption (UNCAC), dealing with Scope of Application
Preventive Anti-corruption Body or Bodies
Authors: Carr Indira
Published: August 2024

This section is about Article 6 of the United Nations Convention Against Corruption (UNCAC), dealing with Preventive Anti-corruption Body or Bodies
Public sector
Authors: Terracino Julio Bacio
Published: August 2024

This section is about Article 7 of the United Nations Convention Against Corruption (UNCAC), dealing with the public sector
Codes of Conduct for Public Officials
Authors: Terracino Julio Bacio
Published: August 2024

This section is about Article 8 of the United Nations Convention Against Corruption (UNCAC), dealing with Codes of Conduct for Public Officials
Embezzlement, Misappropriation, or Other Diversion of Property by a Public Official
Authors: Rose Cecily
Published: August 2024

This section is about Article 17 of the United Nations Convention Against Corruption (UNCAC), dealing with Embezzlement, Misappropriation, or Other Diversion of Property by a Public Official
Abuse of Functions
Authors: Rose Cecily
Published: August 2024

This section is about Article 19 of the United Nations Convention Against Corruption (UNCAC), dealing with Abuse of Functions
Embezzlement of Property in the Private Sector
Authors: Hess David
Published: August 2024

This section is about Article 22 of the United Nations Convention Against Corruption (UNCAC), dealing with Embezzlement of Property in the Private Sector
Laundering of Proceeds of Crime
Authors: Banna Badr El
Published: August 2024

This section is about Article 23 of the United Nations Convention Against Corruption (UNCAC), dealing with Laundering of Proceeds of Crime
Concealment
Authors: Fitzgerald Philip
Published: August 2024

This section is about Article 24 of the United Nations Convention Against Corruption (UNCAC), dealing with Concealment
Obstruction of Justice
Authors: Fitzgerald Philip
Published: August 2024

This section is about Article 25 of the United Nations Convention Against Corruption (UNCAC), dealing with Obstruction of Justice
Prosecution, Adjudication, and Sanctions
Authors: Coventry Thea
Published: August 2024

This section is about Article 30 of the United Nations Convention Against Corruption (UNCAC), dealing with Prosecution, Adjudication, and Sanctions
Freezing, Seizure, and Confiscation
Authors: Jorge Guillermo
Published: August 2024

This section is about Article 31 of the United Nations Convention Against Corruption (UNCAC), dealing with Freezing, Seizure, and Confiscation
Protection of Witnesses, Experts, and Victims
Authors: Zimmermann Frank
Published: August 2024

This section is about Article 32 of the United Nations Convention Against Corruption (UNCAC), dealing with Protection of Witnesses, Experts, and Victims
Consequences of Acts of Corruption
Authors: Meyer Olaf
Published: August 2024

This section is about Article 34 of the United Nations Convention Against Corruption (UNCAC), dealing with Consequences of Acts of Corruption
Compensation for Damage
Authors: Makinwa Abiola
Published: August 2024

This section is about Article 35 of the United Nations Convention Against Corruption (UNCAC), dealing with Compensation for Damage
Cooperation with Law Enforcement Authorities
Authors: Nichols Philip M
Published: August 2024

This section is about Article 37 of the United Nations Convention Against Corruption (UNCAC), dealing with Cooperation with Law Enforcement Authorities
Bank Secrecy
Authors: Landwehr Oliver
Published: August 2024

This section is about Article 40 of the United Nations Convention Against Corruption (UNCAC), dealing with Bank Secrecy
Criminal Record
Authors: Currie Robert J
Published: August 2024

This section is about Article 41 of the United Nations Convention Against Corruption (UNCAC), dealing with Criminal Records
Jurisdiction
Authors: Ryngaert Cedric , Haijer Friederycke
Published: August 2024

This section is about Article 42 of the United Nations Convention Against Corruption (UNCAC), dealing with Jurisdiction
Extradition
Authors: Boister Neil
Published: August 2024

This section is about Article 44 of the United Nations Convention Against Corruption (UNCAC), dealing with Extradition
Law Enforcement Cooperation
Authors: Hufnagel Saskia
Published: August 2024

This section is about Article 48 of the United Nations Convention Against Corruption (UNCAC), dealing with Law Enforcement Cooperation
Joint Investigations
Authors: Zimmermann Frank
Published: August 2024

This section is about Article 49 of the United Nations Convention Against Corruption (UNCAC), dealing with Joint Investigations
Special Investigative Techniques
Authors: Chrysikos Dimosthenis
Published: August 2024

This section is about Article 50 of the United Nations Convention Against Corruption (UNCAC), dealing with Special Investigative Techniques
General Provision
Authors: Brun Jean-Pierre
Published: August 2024

This section is about Article 51 of the United Nations Convention Against Corruption (UNCAC), which is a general provision
Prevention and Detection of Transfers of Proceeds of Crime
Authors: Banna Badr El
Published: August 2024

This section is about Article 52 of the United Nations Convention Against Corruption (UNCAC), dealing with Prevention and Detection of Transfers of Proceeds of Crime
Introduction to Articles 54 and 55
Authors: Rose Cecily , Kubiciel Michael , Landwehr Oliver
Published: August 2024

This section is an introduction to Articles 54 and 55 of the United Nations Convention Against Corruption (UNCAC)
International Cooperation for Purposes of Confiscation
Authors: Ivory Radha
Published: August 2024

This section is about Article 55 of the United Nations Convention Against Corruption (UNCAC), dealing with International Cooperation for Purposes of Confiscation
Training and Technical Assistance
Authors: Borlini Leonardo
Published: August 2024

This section is about Article 60 of the United Nations Convention Against Corruption (UNCAC), dealing with Training and Technical Assistance
Other Measures: Implementation of the Convention Through Economic Development and Technical Assistance
Authors: Borlini Leonardo
Published: August 2024

This section is about Article 62 of the United Nations Convention Against Corruption (UNCAC), dealing with Other Measures: Implementation of the Convention Through Economic Development and Technical Assistance
Conference of the States Parties to the Convention
Authors: Webb Philippa , Landwehr Oliver
Published: August 2024

This section is about Article 63 of the United Nations Convention Against Corruption (UNCAC), dealing with a Conference of the States Parties to the Convention
Entry Into Force
Authors: Tams Christian J , Scheu Julian
Published: August 2024

This section is about Article 68 of the United Nations Convention Against Corruption (UNCAC), dealing with Entry Into Force
Amendments
Authors: Tams Christian J , Scheu Julian
Published: August 2024

This section is about Article 69 of the United Nations Convention Against Corruption (UNCAC), dealing with Amendments
Article 33 UN Charter
Authors: Caron David D , Tomuschat Christian
Published: August 2024

This section is about Article 33 UN Charter
Article 93 UN Charter
Authors: Oellers-Frahm Karin , Zimmermann Andreas
Published: August 2024

This section is about Article 93 UN Charter
Article 10
Authors: Fassbender Bardo
Published: August 2024

This section is about Article 10 of the Statute of the International Court of Justice
Article 11
Authors: Fassbender Bardo
Published: August 2024

This section is about Article 11 of the Statute of the International Court of Justice
Article 15
Authors: Dugard John
Published: August 2024

This section is about Article 15 of the Statute of the International Court of Justice
Article 17
Authors: Couvreur Philippe
Published: August 2024

This section is about Article 17 of the Statute of the International Court of Justice
Article 21
Authors: Shaw Malcolm
Published: August 2024

This section is about Article 21 of the Statute of the International Court of Justice
Article 24
Authors: Jennings Sir Robert , Couvreur Philippe
Published: August 2024

This section is about Article 24 of the Statute of the International Court of Justice
Article 27
Authors: Palchetti Paolo
Published: August 2024

This section is about Article 27 of the Statute of the International Court of Justice
Article 36
Authors: Tomuschat Christian
Published: August 2024

This section is about Article 36 of the Statute of the International Court of Justice
Article 42
Authors: Berman Frank , Hernández Gleider I
Published: August 2024

This section is about Article 42 of the Statute of the International Court of Justice
Article 51
Authors: Tams Christian J
Published: August 2024

This section is about Article 51 of the Statute of the International Court of Justice
Article 52
Authors: Tams Christian J
Published: August 2024

This section is about Article 52 of the Statute of the International Court of Justice
Article 60
Authors: Zimmermann Andreas , Thienel Tobias
Published: August 2024

This section is about Article 60 of the Statute of the International Court of Justice
Article 62
Authors: Miron Alina , Chinkin Christine
Published: August 2024

This section is about Article 62 of the Statute of the International Court of Justice
The Preamble
Authors: Blake Janet
Published: August 2024

This chapter examines the Preamble to the 2003 Convention. It shows how this preamble works on three primary levels. The first level articulates the goals and purposes of the Member States in developing a new standard-setting instrument for safeguarding intangible cultural heritage. The second concerns setting out the wider international law and policy context, including the principles that it seeks to put into effect, and how the new treaty will fit into this picture. The third relates to areas in which implementation of the treaty may lead to future development of international law. For this last, the references to sustainable development and the centrality of communities, groups and, individuals to safeguarding are obvious examples where implementation thus far has already begun to suggest new approaches being developed that may well inform future law-making.
Purposes of the Convention
Authors: Nafziger James A R
Published: August 2024

This chapter contextualises Article 1 of the 2003 Convention within three key areas. This article states the purposes of this convention, particularly its overarching purpose, which is ‘to safeguard the intangible cultural heritage’. To that end, this chapter first examines Article 1 against the backdrop of prior and collateral legal developments. It then analyses the article within the context of the Preamble and Article 3 as well as its application of the 1989 Recommendations set forth by the United Nations Educational, Scientific and Cultural Organization (‘UNESCO’). Furthermore, this chapter considers Article 1 by reference to the definitions found in Article 2. Finally, Article 1 is analysed in view of subsequent practices.
Manifesting Intangible Cultural Heritage
Authors: Ubertazzi Benedetta
Published: August 2024

This chapter considers the domains within which intangible cultural heritage (ICH) is manifested, which is the focus of Article 2(2). The first domain is identified as ‘oral traditions and expressions’, in which a ‘spoken form’ is made explicit as a criteria in the manifestation of this domain. The chapter then turns to performing arts, which encompass a much wider set of criteria such as music and dance. Next, ‘social practices, rituals and festive events’ are considered. These are activities which cover a broad scope but are connected to a community’s worldview and perception of its own history and memory. The fourth domain is ‘knowledge and practices concerning nature and the universe’ which likewise covers a broad range of areas with strong links to traditional ecological knowledge (‘TEK’). Finally, the chapter looks at traditional craftsmanship, considered the most tangible manifestation of ICH.