bluuebunny/crossref_metadata_2025 huggingface dataset:
Exercise of rights by the data subject and verification by the supervisory authority
Authors: Franssen Vanessa , Corhay Marine
Published: June 2024

This chapter discusses Article 17 of the EU Law Enforcement Directive (LED). The right of indirect access provided by Article 17 LED constitutes an additional guarantee for data subjects when the rights of information, access, and/or rectification or erasure have been restricted. It is meant to counterbalance the national legislator’s wider possibility under the LED to restrict data subject rights in the field of criminal justice. Indeed, it should be noted that while the General Data Protection Regulation (GDPR) also contemplates limitations to data subject rights, it does not entail a provision equivalent to Article 17 LED creating a right of indirect access. By allowing data subjects to request the supervisory authority to check the lawfulness of the data processing (if any), the right of indirect access provides them with another avenue to exercise their rights without prejudicing ongoing criminal proceedings.
Data protection by design and by default
Authors: Mitrou Lilian
Published: June 2024

This chapter focuses on the concept of privacy/data protection by design that was introduced as a normative aspect of data protection in Article 20 LED. Privacy Enhancing Technologies (PETs) and privacy by design technologies and measures enhance the control of personal information processed, how it is processed, and by whom. It discusses how data protection by default was perceived as complementary and interrelated to data protection by design compliance tool. The chapter reviews the incorporation of PETs into strategies for privacy, which required data controllers to implement appropriate technical and organisational measures to protect personal data, especially in network transmissions. Article 20 LED requires consideration of the requirements of the Law Enforcement Directive (LED) and the fundamental rights of data subjects both at the design and operational phase.
Joint controllers
Authors: Quintel Teresa
Published: June 2024

This chapter discusses Article 21 LED, which outlines the allocation of responsibility in situations where more than one controller determines the purposes and means of the processing of personal data. Article 21 LED seeks to establish guidance on how to enable data subjects to exercise their rights against joint controllers under the Law Enforcement Directive (LED). It refers to joint control that generally exists where two or more controllers are involved in the processing of personal data and jointly determine the purposes and means of processing operations. The chapter explains how controllers determine their respective responsibilities in order to comply with LED in a transparent manner in accordance with Article 21(1) LED. Article 21(2) LED clarifies that Member States may allow data subjects to exercise their rights against all joint controllers involved in the processing despite the modalities agreed in the joint controller arrangement.
Records of processing activities
Authors: Caruana Mireille M
Published: June 2024

This chapter focuses on Article 24 LED, which expands the obligation to maintain records of processing activities. Article 24 LED also applies to processing at the national level and specifies the information that the records must contain. It reviews the obligation of the Law Enforcement Directive (LED) for controllers and processors to maintain a record of all categories of processing activities. The chapter cites provisions concerning logging that imply that logs must be kept for certain specified processing operations, namely consultation and disclosure. Member States are required to provide for controllers to maintain a record containing all the information listed in Article 24(1)(a)-(i).
Data protection impact assessment
Authors: Hansen Marit
Published: June 2024

This chapter covers Article 27 LED that describes the content of and the conditions for a data protection impact assessment (DPIA) that a controller has to carry out. It reviews scenarios in the law enforcement sector that are characterised by a presumably high risk to the risks and freedoms of natural persons. Article 27 LED is one of the provisions that expresses the risk-based approach enshrined in the European data protection legislation. The chapter discusses the obligation of the controller to take into account the risk of varying likelihood and severity for the rights and freedoms of natural persons and to implement appropriate technical and organisational measures to ensure compliance with the data protection requirements. Article 27 LED demands the performance of the DPIA in advance of the processing of personal data so that the processing can be adapted in accordance with the identified risks.
Designation of the data protection officer
Authors: Svanberg Christian Wiese
Published: June 2024

This chapter focuses on Article 32 LED that provides a mandatory obligation upon Member States to ensure the relevant authorities to designate a data protection officer (DPO). The requirement for processors to appoint a DPO and the explicit allowance for the DPO being a staff member of the controller and to fulfil the tasks on the basis of a service contract are left out of Article 32 LED. The omission of the explicit allowance for the DPO being a staff member or acting on the basis of service contract must be seen as having limited legal effect. The chapter explains how Article 32 LED is structured across different themes that can be termed the obligation to designate. Article 32(2) LED sets out the subjective requirements that must be met by the designated DPO, placing emphasis on professional qualities and expert knowledge of data protection law and practice.
Derogations for specific situations
Authors: Kamara Irene
Published: June 2024

This chapter refers to competent authorities transferring personal data to third countries or international organisations that may consider relying on Article 38 LED in the absence of an adequacy decision. The legal basis of Article 38 LED aims at striking a balance between privacy considerations and the operational needs of competent authorities. The use of Article 38 LED is meant for exceptional cases and low risk transfers, which are not systematic. The chapter examines the Explanatory Memorandum to the L aw Enforcement Directive (LED) Proposal provides that the Article 38 LED legal basis for data transfers is based on Article 26 DPD and Article 13 FD. It describes Member States that have transposed verbatim Article 38 LED in their national transposition laws and others that have integrated Article 38 LED in several provisions in the national legislation or merged grounds.
Transfers of personal data to recipients established in third countries
Authors: Marquenie Thomas
Published: June 2024

This chapter focuses on Article 39 LED, which establishes a novel framework for the exceptional exchange of personal data with non-competent authorities in third countries in order to avoid the risks associated with a self-regulatory approach. Article 39 LED intends to address the legal uncertainty surrounding such emergency transfers and further safeguard European human rights beyond its borders. It also explains that Article 39 LED establishes minimum standards and conditions for Member States that allow their competent authorities to engage in these anomalous and extraordinary transfers. The chapter cites Article 14 FD that laid the basis for these exchanges at the EU level and served as a direct inspiration for Article 39 LED. The operability of Article 39 LED might be hampered by the absence of stipulations regarding a legal basis.
International cooperation for the protection of personal data
Authors: Gerritsen Joost
Published: June 2024

This chapter covers Article 40 LED, which is the final provision of Chapter V LED. Article 40 LED empowers the European Commission (EC) and Member States to develop international cooperation mechanisms to facilitate the enforcement of data. It explains that Article 40 focuses on the relation between the EU on the one hand and third countries and international organisations on the other. The rationale of Article 40 LED signals a need to promote closer cooperation among data protection supervisory authorities and enables them to help exchange information with their foreign counterparts. The chapter reviews the EC’s and the Member States’ mission formulated by Article 40 LED that take certain appropriate steps in relation to third countries and international organisations.
Representation of data subjects
Authors: Vavoula Niovi
Published: June 2024

This chapter focuses on Article 55 of the EU Law Enforcement Directive (LED), which revolves around the representation of data subjects. It discusses the legal background and analysis of its contents and mandates in line with Article 55 LED. The right to representation aims to reinforce and facilitate the exercise of individual rights enjoyed by data subjects by enabling people to mandate a not-for-profit body, organisation, or association to act on their behalf. Additionally, Article 55 LED forms part of the tendency to develop the representative actions brought by entities to protect general or collective interests. However, the provision only covers certain possible dimensions of the right to representation.
Committee procedure
Authors: Tosoni Luca
Published: June 2024

This chapter discusses the committee procedures within Article 58 of the EU Law Enforcement Directive (LED). The LED contains several provisions which confer on the EC implementing powers in accordance with Article 291 of the Treaty on the Functioning of the European Union (TFEU). The chapter then elaborates on how to ensure uniform conditions for the implementation of the Directive with regard to the adequate level of protection afforded by a third country, territory, or specified sector in a third country, or an international organisation. The provision within Article 58 LED aims to specify which control mechanisms apply by referring to the procedural requirements of the Comitology Regulation. The chapter also details the procedure for adopting implementing acts.
Relationship with previously concluded international agreements in the field of judicial cooperation in criminal matters and police cooperation
Authors: Mościbroda Anna
Published: June 2024

This chapter covers Article 61 of the EU Law Enforcement Directive (LED). It cites the similarity between the grandfathering clause and the rationale for a clause safeguarding the validity of the Member States’ international agreement. The grandfathering clause of Article 61 LED aims to ensure legal certainty and secure the continuity of data transfers under such agreements. Additionally, Article 61 LED correlates to international agreements involving the transfer of personal data to third countries or international organisations. The chapter explains that the provision also ensures that Member States' international agreements in compliance with requirements will remain in force after the LED's entry into force.
Addressees
Authors: Kosta Eleni
Published: June 2024

This chapter examines the legal background and analysis of Article 65 of the EU Law Enforcement Directive (LED). It explains that, in Article 65 LED, the LED is addressed to the Member States, which is a standard clause in directives. However, since Brexit, the UK is not any more an addressee, although still a lot of the provisions of the LED are valid in the UK legal order. Moreover, Article 65 LED needs to be read in conjunction with Article 63 LED which establishes the rules for the transposition of the LED. The chapter cites that the specification of the addressees signifies the last Article of the LED.
Background and evolution of the LED
Authors: Quintel Teresa , Kosta Eleni
Published: June 2024

This chapter presents the background and evolution of the EU Law Enforcement Directive (LED). It begins by looking at data protection rules in the law enforcement context, as well as in the area of Justice and Home Affairs. The chapter then considers the adoption of the Framework Decision 2008/977/JHA, which led to a fragmentation of EU and Member State data protection rules in law enforcement. It also describes how the Lisbon Treaty redefined the fundamental rights architecture in the EU and included specific provisions for the protection of personal data. Finally, the chapter traces the legislative history of the LED. Ultimately, the reform of the data protection framework in the EU resulted in a two-layered system: The General Data Protection Regulation (GDPR) was adopted as the main legal instrument laying down the rules for ‘general’ processing and the LED applies to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection, or prosecution of criminal offences or the execution of criminal penalties.
State Obligations Concerning Business and Human Rights
Authors: Robert McCorquodale
Published: June 2024

This chapter discusses the state obligations regarding business and human rights. It examines the existence and extent of the obligations of states in relation to the activities of businesses that adversely impact human rights. The chapter explains that the acts of businesses (as non-state actors) are not generally attributable to the state under international law aside from certain circumstances. Developments in international human rights law extended the obligations of states to actions of businesses, with states having an obligation of due diligence to investigate and respond to activities by businesses that abuse human rights within the state’s jurisdiction.
Diplomacy—A Short History
Authors: Roberts Ivor
Published: June 2024

This chapter provides an overview of the history of diplomacy. It defines diplomacy as the application of intelligence and tact to the conduct of official relations between independent State governments and between governments within international institutions. According to Duc de Broglie, diplomacy is the best means devised by civilization for preventing international relations from being governed by force alone. The chapter then elaborates on the importance of respecting human rights in diplomacy, which was enhanced following the establishment of war crimes tribunals. It considers the core values and purposes of today's diplomacy involving various key concepts like social media, climate change, and globalization.
Formal Aspects of Diplomatic Relations
Authors: Roberts Ivor
Published: June 2024

This chapter focuses on the formal aspects of diplomatic relations. It details the precedence among heads of State and States, which considers the assumption that the papacy's precedence above other potentates next to the Emperor. Nowadays, no formal precedence is recognized among nations, so precedence among heads of diplomatic missions is determined by the date of their taking up their functions. Meanwhile, the United Nations have orders of precedence between delegates and officials and between member countries. The chapter discusses the selections of heads of mission and the utilization of Full Power, which is a special authorization from the head of the State they represent.
Immunities of the State, Its Agencies, the Head of State, and State Officials
Authors: Foakes Joanne
Published: June 2024

This chapter expounds on the immunities of the state and its corresponding agencies, head of state, and state officials. It defines state immunity as a principle of customary international law that derives from the principle of sovereign equality and independence of States. The 2004 UN Convention consolidates the restrictive approach to state immunity with regard to the exercise of civil jurisdiction by the national courts of States. The chapter also looks into the immunity from criminal jurisdiction and civil jurisdiction. Moreover, the Convention clarifies that the rules of customary international law will continue to govern matters which are not regulated by the Convention itself.
Theory and Practice of Multilateral Diplomacy
Authors: Parry Emyr Jones
Published: June 2024

This chapter provides an overview of the theory and practice of multilateral diplomacy. It expounds on the history of multilateralism's evolution, referring to how States sought to protect their interests by insisting on unanimity for decisions as is the case for major foreign policy decisions in the European Union. The multilateral approach became increasingly common among formal organizations within the UN system as regional and global efforts grew to address issues concerning many countries. Over the years, the architecture of multilateralism has become more varied and comprehensive that an element of governance emerged. Multilateralism in the twentieth century provided institutionalized collective action to deal with security threats, development, and human rights.
The United Nations II—Specialized Agencies, Funds and Programmes, Regional Commissions, and Special Bodies
Authors: Parry Emyr Jones
Published: June 2024

This chapter tackles the United Nations' provisions concerning specialized agencies, funds and programmes, regional commissions, and special bodies. Even though specialized agencies are not part of the United Nations, they are still considered part of the UN family due to their relationship agreements with the United Nations. Moreover, Funds and Programmes are usually set up by decisions of the General Assembly or the Economic and Social Council. The chapter then details the purpose of several specialized agencies, such as the United Nations Children's Fund, and the United Nations High Commissioner for Refugees. It also considers the role of the Office for the Coordination of Humanitarian Affairs in coordinating the delivery of humanitarian assistance.
Secret or Back-channel Diplomacy, Secret Intelligence, and Religious and Other Unconventional Diplomatic Actors
Authors: Roberts Ivor
Published: June 2024

This chapter explores the notion of secret or back-channel diplomacy, secret intelligence, religious and other unconventional diplomatic actors. It details the distinction between secret intelligence and back-channel diplomacy. Secrecy has the advantage of speed very often over conventional procedure and is sometimes essential where disclosure of ongoing negotiations could have an impact on financial markets. On the other hand, religious diplomacy stands at the other end of the spectrum of unconventional diplomacy due to their spiritual and humanitarian concerns and activity in international relations for many years. The chapter then considers security consultancies and global or multinational corporations as diplomatic actors.
Treaties and Other International Instruments II—Treaty, Convention, Agreement, Protocol
Authors: Berman Frank , Bjorge Eirik
Published: June 2024

This chapter covers the most common types of treaty instruments. It explains that many of the most significant international agreements carry the title treaty, which covers all formal instruments of the agreement by which two or more States establish or seek to establish a relationship under international law between themselves, according to the Vienna Convention. Generally, the designation ‘treaty’ is reserved for international agreements of a particularly significant character, like treaties of political importance, peace or alliance. Meanwhile, the designation ‘convention’ tends to be utilized for multilateral treaties of a law-making type. The chapter also elaborates on the designations of agreement and protocol.
Treaties and Other International Instruments IV—Ratification, Accession, Acceptance and Approval, Treaty Succession
Authors: Berman Frank , Bjorge Eirik
Published: June 2024

This chapter considers the key concepts of treaties and other international instruments. It explains how the treaty becomes binding through the expression by the parties of their consent to be bound. Nowadays, a very great majority of multilateral treaties and some bilateral treaties are signed subject to ratification or some other process of subsequent confirmation. The chapter elaborates on the key concepts and definition of ratification, accession, acceptance, approval, and treaty succession. It cites the growing importance of treaty success over the recent decades whenever a change takes place in the international status of a particular territory, while also referencing the Vienna Convention on the Law of Treaties and the 1978 Succession Convention.
Engagement of Chinese Courts with International Law
Authors: Ruijun Dai
Published: June 2024

Despite the lack of clear constitutional framework concerning the status of international treaties in the Chinese legal order, a number of Chinese laws stipulate to varying degrees the possibility of applying international treaties domestically. These laws provide a strong basis for Chinese courts to engage with international law. Additionally, judicial interpretations formulated by the Supreme People’s Court give concrete guidance to courts to use international treaties in judicial practice. Generally speaking, the practice of Chinese courts appears to be mostly one of alignment with international treaties. In certain circumstances, a treaty may override conflicting domestic law. Courts also take into consideration treaties in the construction of consubstantial domestic norms. This general alignment posture notwithstanding, Chinese courts occasionally engage in avoidance strategies especially in dealing with human rights treaties. Overall, clear constitutional foundation is needed for more extensive engagement of Chinese court with international law.
Engagement of Domestic Courts with International Humanitarian Law
Authors: Weill Sharon
Published: June 2024

The chapter examines how domestic courts engage with international humanitarian law (IHL), providing examples of the strategies used, while attempting to depict these choices through a political lens. Domestic courts may misuse or distort the law in order to legitimize an illegal action of the State. They may avoid exercising jurisdiction over a case. Domestic courts may defer their decision back to the political branches of government. They may normatively apply the law, having a (limited) margin of appreciation while interpreting the law. Domestic courts may attempt to harmonize their own (contradicting) domestic law with international law, in cases where they are not mandated to do so. They can develop the law and reach judgments that go beyond the positive requirements of IHL. Engagement of domestic judges with IHL is politically sensitive and depends on courts’ institutional position within their governance structure, which has attributed them with a political role.
International Trade Law Institutions
Authors: James Flett , Mislav Mataija
Published: June 2024

This chapter summarizes and analyses the institutional law of the WTO, that is, the entities that make-up or operate within the WTO, how they are constituted, their powers and responsibilities (general and specific, conferred, delegated, or implied), the procedures governing the conduct of their proceedings, and the relationships between them. Absent an executive or parliament, the focus is on the relationship between the legislature (in its various guises) and the judicial branch, which is critical to understanding both the current state and eventual future of the WTO. The main institutional aspects of certain other international trade agreements are also reviewed and discussed.
Trade in Services
Authors: Chantal Ononaiwu
Published: June 2024

Since the conclusion of the GATS, there has been an explosion in the number of FTAs with commitments to liberalize trade in services. Generally, these agreements have developed frameworks that better reflect the role of services in world trade and the changing dynamics of services trade. This Chapter explores how FTAs have gone further than the GATS, both in terms of liberalization commitments and disciplines. It also highlights domestic initiatives that would support the further evolution of international regulation of services trade in line with the importance of services to domestic economies and the role of services in the global economy.
Balancing Market and Non-Market Objectives
Authors: Jayashree Watal
Published: June 2024

Lack of access to medicines could be either because they are not available or because even when available, they are not affordable to most patients in a country as the prices are disproportionately high compared to average income levels in the country. The focus of the criticism of the current pharmaceutical innovation model is the alleged use (or misuse) of the intellectual property system that allows the originator to control both the availability and affordability of essential medicines during the patent or market exclusivity term. However, patents are found to be uniquely important to capture profits from innovation in the chemicals and pharmaceutical sectors. In an attempt to balance market and public health objectives, the WTO TRIPS Agreement obliges the acceptance of product and process patents for pharmaceuticals while permitting several solutions, such as compulsory licensing or parallel imports, to attenuate problems of availability and affordability. These TRIPS solutions were the result of hard-fought North-South negotiating battles during the Uruguay Round and have been reiterated in 2001 through the Doha Declaration on the TRIPS Agreement and Public Health. A new TRIPS provision, Article 31bis, permits 100 per cent exports of pharmaceutical production under special compulsory licences to countries that have no manufacturing capacity. Perceived gaps in the TRIPS text are sought to be filled in by the demandeurs for stronger intellectual property protection through provisions in Free Trade Agreements (FTAs), on test-data protection, patent-term extension and patent linkage, among others. Properly balancing market and public health objectives may entail an international agreement in future to encourage differential pricing of patented medicines that would ensure affordable prices in all countries.
National security
Authors: Isabelle Van Damme
Published: June 2024

This chapter focuses on the relationship between trade and essential security interests. Until recently, the WTO legal community paid relatively little attention to security exception clauses in trade agreements. What has changed today is not the use of trade measures for protecting essential security. Rather, a change can be seen in the openness with which WTO Members are invoking Article XXI of the GATT 1994 and their acceptance of the risk that a third party may review their measures. What is also new is the assertion that essential security interests might also cover, for example, economic interests, public health risks or concerns relating to climate change or cybersecurity. This chapter focuses on Article XXI of the GATT 1994, and particularly the jurisdiction of panels and the applicable standard of review and the burden of proof in cases where that defence is invoked.
Alternative Dispute Settlement in the GATT and the WTO
Authors: Amy Porges
Published: June 2024

Governments have settled disputes in the GATT/WTO system not just through formal panel procedures and negotiation, but also through arbitration, mediation, conciliation, good offices, and other alternative dispute resolution (ADR) mechanisms. Trade disputes typically begin in negotiation, and it is negotiation that determines post-litigation outcomes. Parties may seek mediation or other ADR as a substitute or addition to WTO litigation, and they may also use party-controlled arbitration. This chapter provides a history of WTO/GATT ADR and discusses possible use of WTO arbitration in the proposed Multi-Party Interim Appeal Arbitration Arrangement (MPIA) or otherwise.
The International Trading System—Looking to 2100
Authors: Daniel Bethlehem , Donald McRae
Published: June 2024

The Conclusion poses the question of whether the international trading system, as an integral part of the rules-based international legal order, is fit for purpose, to carry the global trading community towards 2100. Its conclusion is that the international trading system is still deeply rooted in Westphalian notions of international engagement, which are both increasingly out-of-step with contemporary international society and detached from some of the core principles that informed the emergence of the international trading system 75 or so years ago. There is a need for radical revision, structurally, as regards applicable rules, and as regards the international law-making process and sources of law, particularly in light of the challenges to the multilateral system likely to be posed by the Russian invasion of Ukraine.
How Treaties Are Made
Authors: Gardiner Richard
Published: June 2024

This chapter describes how treaties are negotiated, how their text is adopted and authenticated, and how a treaty is concluded. It outlines the procedures used in negotiations and the establishment of a treaty text which may be authentic in different languages. Also explained are the means by which states consent to become bound by treaties. The often misunderstood key stages of signature and ratification are the principal ways by which this is achieved. The chapter also explains the functions of a treaty depositary which is of importance to lawyers who need to have and understand information relating to a treaty such as which states have consented to be bound by a treaty, what reservations they may have formulated, whether and when a treaty has come into force, and other pertinent information.
Bringing Treaties Home
Authors: Gardiner Richard
Published: June 2024

This chapter concerns the effects which treaties may have in national legal systems. While some treaties affect only the international relations of their parties, more and more are implemented in whole or in part within national legal systems. Some treaties have obvious and significant effects for individuals. Others are shown here as providing substance and content for laws on specific matters, a particular example being where there are international standards whether it be a common definition of a crime, safety requirements for products and activities, etc. The differing mechanisms within national legal systems are described here. Whether the treaty text is incorporated directly into national law or is transformed by legislation, lawyers now need to be aware of the legislative, administrative, and adjudicatory methods of effecting and supervising implementation of treaties.
Treaties at the Heart of International Law
Authors: Gardiner Richard
Published: June 2024

This chapter shows how all modern international law in specialist areas is found in or based on treaties. Traditional subjects, such as the law of the sea, have been substantially codified in treaties and, even where the actual substance of the applicable rules are not set out in a treaty, international organizations have by treaty been given extensive capacity to draw up and implement regulations to apply in their areas of competence. Areas of international law that are considered here include: war and peace; statehood, state immunity, and diplomatic relations; codification of international law; the law of spaces (sea, air, and outer space); rights and duties of individuals (consular law, human rights, investment law, international criminal law); and private international law as harmonized by treaties.
Introduction
Authors: Alberto Quintavalla , Jeroen Temperman
Published: June 2024

This introductory chapter sets forth the book’s investigations into the dynamics between artificial intelligence (AI) and human rights. Locating the concepts of both early AI technologies as well as modern human rights to roughly the same era, the chapter argues that the two notions lived parallel lives for the last sixty years or so. It is in the last decade that the two phenomena are considered in conjunction, notably within science, law, and policy arenas, often prompted by collisions or tensions. The chapter moves on to drawing the book’s rationale, objectives, scope, and outline, suggesting that the time is right to take stock, analyse, and reflect upon the dynamics between AI and most first, second, and third generation fundamental rights.
Artificial Intelligence and the Right to Privacy
Authors: Alessia Zornetta , Ignacio Cofone
Published: June 2024

One of the central challenges for artificial intelligence (AI) is its compliance with the rights to privacy and data protection, which act as a safeguard for several other human rights in the digital ecosystem. To explore this matter, the chapter outlines the implications of each of the main principles of privacy and data protection for the development and use of AI. In particular, focusing on the General Data Protection Regulation (GDPR) but drawing considerations that apply internationally, an analysis as to what issues arise when these principles are applied to AI is presented, also focusing on the question of how developers should comply with them in a way that is realistic and ensures the protection of privacy and other human rights.
Privacy, Political Participation, and Dissent
Authors: Malcolm Katrak , Ishita Chakrabarty
Published: June 2024

The ascendant trend in relation to the use of facial recognition technologies (FRTs) for surveillance purposes across a heterogeneity of regime types and geographical regions has raised concerns pertaining to the erosion of the right to privacy and, in turn, the stymieing of political participation in public spaces. This chapter undertakes an analysis of the right to privacy in the context of FRTs in the Global South. To that end, it will chart the legal framework pertaining to privacy in the Global South, the ramifications of the rampant use of FRTs for privacy and also—importantly—for democratic participation. The authors argue that the centrality of the informational conception of privacy in the existing legal framework provides insufficient safeguards against rising digital authoritarianism. This chapter will, instead, argue in favour of the entrenchment of a broader, overarching right to privacy that accounts for both its decisional and informational aspects, which insulates political participation from the debilitating effects of state surveillance in the Global South.
Introduction
Authors: Casey-Maslen Stuart
Published: June 2024

This chapter introduces the concept, history, and negotiation of the Anti-Personnel Mine Ban Convention. The treaty rules are not yet customary due to the absence of several major military powers from membership of the Anti-Personnel Mine Ban Convention, in particular China, India, Pakistan, the Russian Federation, and the United States. According to historians, the work involved in tunnelling through to the weakest part of a castle’s fortifications was highly dangerous to the miners. The chapter also considers anti-personnel mines’ clear military utility, referencing the defence review of South Africa in 1997. It notes the most widespread use of anti-personnel mines in low-intensity non-international armed conflict following the Second World War.
General Obligations
Authors: Casey-Maslen Stuart
Published: June 2024

This chapter provides an overview of the general obligations of the Anti-Personnel Mine Ban Convention as indicated in Article 1. It elaborates the provision as a package of core prohibitions (production, stockpiling, transfer, and use) that bind every State Party at all times and in all circumstances. Moreover, Article 1 prohibits aiding or abetting any other State or armed group, corporation, or individual to engage in any of the prohibited activities. The chapter considers the use of anti-personnel mines as a war crime, referencing the First Austrian Draft Treaty Text of the Anti-Personnel Mine Ban Convention. Additionally, Article 1 indicated the duty to destroy stockpiled and emplaced anti-personnel mines.
National Implementation Measures
Authors: Casey-Maslen Stuart
Published: June 2024

This chapter discusses the Anti-Personnel Mine Ban Convention’s Article 9 which features national implementation measures. It explains how the provision contains the obligation to adopt measures to ‘prevent and suppress’ any activity prohibited by a State Party under the Convention. However, the scope of the obligation is limited to instances when the illegal act is perpetrated by persons or on territory under a State Party’s jurisdiction or control. The chapter looks into the material jurisdiction, personal and geographical jurisdiction, legal measures, appropriate measures, and administrative measures of Article 9. It also considers how States Parties complied with Article 9’s obligation.
Settlement of Disputes
Authors: Casey-Maslen Stuart
Published: June 2024

This chapter covers how to settle disputes in accordance with Article 10 of the Anti-Personnel Mine Ban Convention. It cites that the peaceful settlement of disputes is a fundamental principle and a customary rule of international law. Moreover, the provision obligates the States Parties to consult and cooperate with each other to settle any dispute, while explicitly providing for a potential role for the Meeting of States Parties. The application of Article 10 primarily revolves around the existence of a dispute that concerns the correct legal interpretation or successful application of the Convention’s provision. The chapter also considers the interrelationship between the Convention’s Article 10 and Article 8.
Sustainable Development Goals
Authors: Ilias Bantekas , Katerina Akestoridi
Published: June 2024

This introductory chapter sheds light on the historical and political realities underpinning the development movement that began in the 1980s and which ultimately culminated in the first coordinated effort towards global development objectives, firstly in the form of the MDGs as currently transformed into the SDGs. In doing so, the chapter sets the background for readers when navigating the analysis of each goal since it provides insight into stakeholders’ political effort to agree on the current development paradigm and demonstrates why avoiding language that gives rise to obligations under international law has been preferred. Even so, the SDGs have taken on a life of their own and in the process their legal nature has followed a path that straddles between politics and law and most importantly international human rights law. This chapter attempts to show how this process began and where we now stand in terms of both the legal and political context.
‘Build Resilient Infrastructure, Promote Inclusive and Sustainable Industrialization, and Foster Innovation’
Authors: P Sean Morris
Published: June 2024

This chapter interrogates the governance-making process of SDG 9 and creates a linkage to three legal areas: international law, global innovation law including intellectual property rights, and conflict of laws (private international law). The contribution attempts to show that the governance-making process in SDG 9 is a hybrid system consisting of agenda-setting and the development of norms with legalistic value. To develop the narratives, the chapter first assesses how the different participants in the negotiation and policy framework settled on ‘industry, innovation and infrastructure’, after which the chapter offers a forensic discussion on the individual targets and how their legal characteristics entails, among other things, the passage of laws in national legislatures. The penultimate discussion focuses on an empirical assessment in terms of how intellectual property rights became part of the technological revolution of an emerging SDG 9 in light of the COVID-19 pandemic.
‘Take Urgent Action to Combat Climate Change and Its Impacts’
Authors: Francesca Romanin Jacur
Published: June 2024

Climate change is one of the greatest common concerns of humankind. SDG 13, ‘Take urgent action to combat climate change and its impacts’, highlights the three main dimensions of climate change: urgency, mitigation action to address the causes of climate change and adaptation to its negative impacts. This chapter starts by describing the travaux that led to the adoption of SDG 13. The second and third parts examine SDG 13 against the backdrop of relevant general principles of international law and the multilateral climate change regime. The fourth section looks at how climate change is addressed by other areas of international law, such as human rights instruments, trade and investment agreements, as well as relevant jurisprudence. The fifth part examines the targets of SDG 13 with the aim to provide an overview of the climate change legal and policy responses at the international, regional and national level.
Global Health Diplomacy
Authors: Burci Gian Luca , Kümmel Björn
Published: June 2024

This chapter, “Global Health Diplomacy,” introduces the diplomatic process of developing global health law and policy. Although an increasing range of health issues transcend national boundaries and require action on a global scale, global health has only recently become a subject of international affairs and multilateral diplomacy. There are many factors that influence international cooperation—in particular within the framework of international institutions—and negotiations on a range of topics that directly or indirectly influence global health. As global health diplomacy shifts beyond government health officials and is increasingly influenced by government officials representing other sectors (environment, security, economy) as well as non-state actors (non-governmental organizations, scientists, media, and the private sector), it has become multisectoral and multi-stakeholder, with new actors, issues, and norms framing multilevel negotiations. Global health diplomacy has come to represent the system of communication, negotiation, organization, and coordination processes that bring state and non-state actors together to shape global health governance. However, with an increasing number of actors and interests engaging in global health diplomacy, coordination in the development of global health law and policy presents challenges, especially in long-term initiatives to address underlying determinants of health.
Environmental Health
Authors: Hesselman Marlies , Meier Benjamin Mason
Published: June 2024

This chapter, “Environmental Health,” examines the importance of global efforts to address environmental risks that have the potential to adversely affect human health, analyzing how global health law and policy have been employed to address globalized environmental health threats. Public health and environmental conditions are inextricably linked, with a safe environment underlying global health; yet global environmental risks are not felt equally throughout the world. These inequitable public health threats disproportionately impact low- and middle-income countries and vulnerable populations, including children, older persons, and racial and ethnic minorities. Global health law is crucial to ensuring justice in environmental health. Increased understanding of the global nature of environmental determinants of health has given rise to global efforts to regulate environmental pollutants, seeing international law as necessary to protect global public goods—including access to safe drinking water and the promotion of clean air. Addressing these environmental health concerns, international environmental law, human rights law, and global health law contribute to responding to globalized environmental risks to public health, but the continuing advancement of these legal responses will require World Health Organization leadership and a “One Health” approach across institutions of global health governance.
Economic Development Policy
Authors: Desierto Diane A , Patterson Erica
Published: June 2024

This chapter, “Economic Development Policy,” focuses on the critical role of development decision-making and poverty alleviation in the realization of public health outcomes. Economic development policy shapes public health, insofar as economic development policy influences determinants of health, including the persistence of intersectional inequalities faced by the most vulnerable communities that materially affect health outcomes. Economic development policy, as set by international financial institutions such as the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank), can be viewed as global health policy, particularly when development lending facilities and programs are purposely designed toward realizing desired population health targets and community health needs. Multidimensional development governance to advance public health—which considers medical, scientific, economic, environmental, and social determinants for overall public health—emerged to a large extent from the international reconceptualization of economic development policy as global public health policy. The World Bank has since begun to address intersectional concerns in framing its funding policies to advance global health—through a multidimensional approach to understanding social inclusion, public health, and human rights in economic development—but these global health efforts have faced implementation challenges in regional, national, and local contexts.
International Trade Governance
Authors: Forman Lisa , Perehudoff Katrina , Wu Chuan-Feng
Published: June 2024

This chapter, “International Trade Governance,” examines how international trade governance has impacted global health and how global health advocates have challenged international trade law. The 1995 creation of the World Trade Organization (WTO) expanded global governance over the trade of goods, services, and intellectual property rights, with the result that states have often seen their health regulations subverted to trade imperatives. This international trade system has constrained government public health authority to regulate harmful products in international commerce, with states and corporations enforcing these free trade imperatives through the WTO’s binding dispute settlement system. The WTO has extended its binding influence over global health through a range of international trade agreements, with this impact exemplified by the influence of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) on access to medicines. Human rights campaigns against the TRIPS Agreement have achieved some concessions in trade governance, but they have not significantly ameliorated international trade law—within or beyond the WTO. Despite hard won diplomatic concessions to ensure access to underlying determinants of health, it remains unclear whether ongoing changes to international trade governance can effectively respond to the deleterious impacts of the international trade regime on global health.
Antimicrobial Resistance
Authors: Weldon Isaac , Hoffman Steven J
Published: June 2024

This chapter, “Antimicrobial Resistance,” considers how international law can be leveraged to address antimicrobial resistance (AMR) globally, including in supporting multisectoral and multilateral cooperation. AMR is a natural evolutionary process that renders essential antimicrobial medicines like antibiotics ineffective. Given the vital global importance of effective antimicrobial medicines in human health, animal health, and food systems—and the potential for resistant pathogens to become pandemic threats—AMR is among the most complex and urgent health challenges. To mitigate these threats, international law can unite One Health sectors and address the interdependent challenges of: expanding access to effective drugs; conserving the remaining stock of effective antimicrobials; fostering innovation for new antimicrobials, diagnostic technologies, and therapies; and improving infection prevention measures. In the absence of strong global coordination, various international bodies have pioneered discrete initiatives for AMR. However, none of these initiatives have produced the comprehensive, binding, and enforceable mechanisms that AMR demands. Where new legal mechanisms are required to adequately address the complex challenges of AMR, potential pathways exist for achieving such regulations, including the recent increase in attention and institutions focused on AMR, as well as the potential for law to improve global health governance and mobilize global collective action.