bluuebunny/crossref_metadata_2025 huggingface dataset:
Article 18
Authors: Jackson-Preece Jennifer
Published: August 2024

This chapter comments on Article 18 of the Framework Convention for the Protection of National Minorities (FCNM). Article 18 consists of two sections. Article 18(1) is an aspirational clause, which seeks to promote international relations conducive to the protection of persons belonging to minorities and, by extension, the preservation of international peace and stability. States, and in particular neighbouring states which possess transnational minorities, are thus encouraged to enter into bilateral and multilateral arrangements for the protection of such persons. Like Article 18(1), Article 18(2), is an aspirational clause. Instead of stipulating clear guidelines for state conduct with respect to minorities, it endorses a form of behaviour which states are free to follow as they see fit. The provisions of Article 18(2) are not therefore obligatory, but rather recommended practice; states are not obliged to enter into transfrontier co-operation, but should take measures to ‘encourage such cooperation’ where they deem it ‘relevant’ to do so.
Article 20
Authors: Hilpold Peter
Published: August 2024

This chapter comments on Article 20 of the Framework Convention for the Protection of National Minorities (FCNM). Article 20 aims to introduce a balance between rights and obligations: members of minorities are not only bearers of rights, but also holders of duties. This is a very sensitive area and, therefore, during the drafting process a great deal of attention was given to the actual wording of this provision. With regard to the FCNM, a compromise has been found with which minorities will be able to live: the loyalty requested from them towards the state as a whole, and towards other groups and people living in the state, is neither greater nor lesser than for any other member of the same state community. From a political standpoint, this does not prohibit states from reminding minorities of their obligations towards others, even if minorities are the only groups to be addressed by this exhortation.
The Convention and the Committee
Authors: Thornberry Patrick
Published: August 2024

This chapter focuses on fully functioning CERD procedures. In addition, it provides briefer references to other procedures ‘on the books’ that have not engendered sufficient practice. These include the inter-State procedure, the non-functioning of which may be contrasted with the active engagement with the Convention by the International Court of Justice in Georgia v Russian Federation, and the procedure under Article 15 of the Convention, which has seen its operative decolonization context progressively eroded. The discussion reflects on the principal developments since CERD became operational, while maintaining a primarily analytical focus. The legal and geopolitical changes that have occurred since the adoption of the Convention have marked its procedures as much as the substantive norms.
Title and Preamble
Authors: Thornberry Patrick
Published: August 2024

This chapter discusses the development and interpretations of the title and preamble to the Convention. The title and preamble reflect the fundamental values and aspirations of the Convention and the wider United Nations in an international system that was advancing to a post-colonial phase while colonial vestiges remained. The fact that (Western) colonialism and apartheid have passed into history does not deprive the title and preamble of their power to guide and inspire. As with other elements in the Convention, the text of the preamble was not achieved without struggle. The continuing ambiguities with regard to ‘race’, were not fully resolved in the preamble, and a degree of universalist myopia prevailed in the discussions of minorities, obfuscating the question of who the likely victims of racial discrimination would turn out to be.
Article 4
Authors: Thornberry Patrick
Published: August 2024

This chapter covers Article 4, which addresses ‘racist hate speech’ through the use of penal provisions. CERD understands racist hate speech as ‘a form of other-directed speech which rejects the core human rights principles of human dignity and equality and seeks to degrade the standing of individuals and groups in the estimation of society’. Half a century after the adoption of the Convention, racist hate speech remains a significant social phenomenon. The rationale of taking racist speech seriously can be understood by reflecting on the discourses of dehumanization that are characteristic elements of genocidal processes, or on the climate of oppression that can flourish if unchecked against vulnerable minorities through normalization or banalization of discourses of racial inferiority and superiority. Targeted groups well appreciate that the lines between thought, public discourse, and oppressive action can be very thin.
Article 6
Authors: Thornberry Patrick
Published: August 2024

This chapter cites Article 6 and other international instruments in articulating the right to remedy and protection in cases of discrimination. The corpus of international human rights law contains an abundance of ‘primary rules’ pertaining to these issues, including those in Article 6 of ICERD. The article insinuates that remedial justice processes have a vital role to play in buttressing and securing the human rights of threatened individuals and groups. Justice processes also have educational and expressive functions in demonstrating the commitment of States to treating racial discrimination as a reprehensible, socially disruptive phenomenon, thoroughly deserving of condemnation. Furthermore, the reparatory aspect of Article 6 is important in symbolizing dedication to the ‘repair’ of individuals and communities damaged by racial discrimination, the recognition of their dignity, and the formal restatement of their entitlement to the effective enjoyment of human rights.
Freedom of assembly and association/Liberté de réunion et d’association
Authors: Schabas William A
Published: August 2024

This chapter presents Article 11 of the European Convention on Human Rights, which protects the freedom of association and peaceful assembly. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to an effective remedy/Droit à un recours effectif
Authors: Schabas William A
Published: August 2024

This chapter presents Article 13 of the European Convention on Human Rights, which guarantees the right to an effective remedy: ‘Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law’. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of abuse of rights/Interdiction d’abus de droit
Authors: Schabas William A
Published: August 2024

This chapter presents Article 17 of the European Convention on Human Rights, which prohibits the abuse of rights set forth in the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Number of judges/Nombre de juges
Authors: Schabas William A
Published: August 2024

This chapter presents Article 20 of the European Convention on Human Rights, which sets the number of judges of the European Court of Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Jurisdiction of the Court/Compétence de la Cour
Authors: Schabas William A
Published: August 2024

This chapter presents Article 32 of the European Convention on Human Rights, which confirms the jurisdiction of the Court. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the Court European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Inter-State cases/Affaires interétatiques
Authors: Schabas William A
Published: August 2024

This chapter presents Article 33 of the European Convention on Human Rights, which deals with the inter-State complaint mechanism established by the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Privileges and immunities of judges/Privilèges et immunités des juges
Authors: Schabas William A
Published: August 2024

This chapter presents Article 51 of the European Convention on Human Rights, which states that judges shall be entitled, during the exercise of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Safeguard for existing human rights/Sauvegarde des droits de l’homme reconnus
Authors: Schabas William A
Published: August 2024

This chapter presents Article 53 of the European Convention on Human Rights, which states that nothing in the Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Denunciation/Dénonciation
Authors: Schabas William A
Published: August 2024

This chapter presents Article 58 of the European Convention on Human Rights, which allows a State to denounce the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Signature and ratification/Signature et ratification
Authors: Schabas William A
Published: August 2024

This chapter presents Article 59 of the European Convention on Human Rights, which deals with the signature and ratification of the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Territorial application/Application territoriale
Authors: Schabas William A
Published: August 2024

This chapter presents article 4 of Protocol 1 to the European Convention on Human Rights, which deals with the territorial application of the Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Preamble/Préambule
Authors: Schabas William A
Published: August 2024

This chapter presents the Preamble of Protocol 7 to the European Convention on Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right not to be tried or punished twice/Droit à ne pas être jugé ou puni deux fois
Authors: Schabas William A
Published: August 2024

This chapter presents article 4 of Protocol 7 to the European Convention on Human Rights, which deals with the right not to be tried or punished twice for an offence for which a person has already been acquitted or convicted. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Relationship to the Convention/Relations avec la Convention
Authors: Schabas William A
Published: August 2024

This chapter presents article 7 of Protocol 7 to the European Convention on Human Rights, which explains that the provisions of articles 1 to 6 of this Protocol shall be regarded as additional Articles to the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Entry into force/Entrée en vigueur
Authors: Schabas William A
Published: August 2024

This chapter presents article 5 of Protocol 12 to the European Convention on Human Rights, which sets out the entry into force of the Protocol. It includes a brief commentary.
Abolition of the death penalty/Abolition de la peine de mort
Authors: Schabas William A
Published: August 2024

This chapter presents article 1 of Protocol 13 to the European Convention on Human Rights, which abolishes the death penalty. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Depositary functions/Fonctions du dépositaire
Authors: Schabas William A
Published: August 2024

This chapter presents article 8 of Protocol 13 to the European Convention on Human Rights, which deals with the depositary functions of the Secretary General of the Council of Europe. It includes a brief commentary.
[Requests for an advisory opinion]
Authors: Schabas William A
Published: August 2024

This chapter presents article 1 of Protocol 16 to the European Convention on Human Rights, which deals with requests for an advisory opinion. It includes a commentary addressing the formulation of the request, the context of a pending case, and procedural requirements.
Origin and Further Development
Authors: Weiß Norman
Published: August 2024

This chapter traces the history of the Council of Europe (CoE). The narrative begins during the twentieth century, at the interwar period — which witnessed both timid and more forceful steps towards organisations aiming at peace through law and offered a stage for more specific plans concerning Europe. By discussing the international political situation during this period, the chapter foregrounds the eventual founding of the CoE and the preparations it entailed. The chapter then presents an overview of the CoE, its policies and its structure, before moving the discussion forward to the Eastern enlargement of the CoE as well as its more recent developments. Finally, the discussion ends by noting some challenges currently faced by the CoE.
The Council of Europe Development Bank
Authors: Steckhan Rainer
Published: August 2024

This chapter attempts to contribute to a better understanding of the Council of Europe Development Bank (CEB) and its evolving role. It explores the financial and organisational aspects of the CEB, particularly in its role as a social development bank. The CEB is a modern International Financial Institution (IFI), with a focus on social development in Europe. It is a co-financier together with other IFIs of social projects; it has a network of contacts and partnerships with European and worldwide institutions as well as a special relationship with the Council of Europe (CoE). As a development bank it has maintained its primary purpose of helping refugees, displaced persons or migrants, as well as victims of natural disasters through loans and technical assistance. Over the past decades, the CEB has also broadened its activities to support social cohesion and employment in Europe in general.
Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group)
Authors: Sipp Werner
Published: August 2024

This chapter highlights the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group). The Pompidou Group is an organisation for inter-governmental co-operation in the area of drug policy, based on a Partial Agreement linked with the Council of Europe (CoE). The Group was initiated in 1971 by the former President of France, Georges Pompidou, as the very first platform in Europe in the field of drug policy, in response to the rising drug problems of the late 1960s and early 1970s, when an increasing use of drugs emerged as a social phenomenon among young people in Europe. From here, this chapter describes the origins and development of the Pompidou Group, before presenting a detailed overview of the organisation. It discusses the Group’s structure and financing, its working methods and tools, its activities and major achievements, its role in the international context, as well as its future prospects.
European Audiovisual Observatory
Authors: McGonagle Tarlach
Published: August 2024

This chapter provides an overview of European Audiovisual Observatory (the Observatory). The Observatory has grown to become a leading source of legal and economic information concerning the European audiovisual sector for audiovisual professionals since the 1990s. As a result, it has made a significant contribution to enhancing transparency in the sector. The aims and functions of the Observatory are formally set out in Article 1 of the Statute of the European Audiovisual Observatory. It states that the Observatory aims to ‘improve the transfer of information within the audiovisual industry, to promote a clearer view of the market and a greater transparency. In doing so, the Observatory shall pay particular attention to ensuring reliability, compatibility and comparability of information’.
European Social Charter
Authors: Dörr Oliver
Published: August 2024

This chapter takes a look at the European Social Charter (ESC). The ESC is a binding treaty under international law which lays down both minimum rights for employees with regard to their working conditions and general minimum standards for social security and cohesion. In substance, the ESC adopts to a large extent the rules of the International Labour Organisation (ILO), and its social guarantees largely correspond to those laid down at the universal level in the International Covenant on Economic, Social and Cultural Rights (ICESCR). As human rights guarantees, the ESC rules are supposed to take up the impulse which was set by Articles 22 to 25 of the Universal Declaration of Human Rights. In that document the community of States laid down, albeit not in legally binding manner, the right of everyone to social security and to an adequate standard of living.
Establishing Common Standards and Securing the Rule of Law
Authors: Breuer Marten
Published: August 2024

This chapter considers standard setting under the rule of law ‘pillar’ of human rights. A certain degree of harmonisation of the Member States laws is among the tasks of the Council of Europe (CoE). Unlike the European Union, however, the CoE cannot enact secondary legislation in order to achieve harmonisation of laws. Article 15 (a) and (b) CoE Statute thus enumerates the instruments which are at the Council’s disposal: ‘conventions or agreements’ (a) and ‘recommendations’ (b). From here the chapter establishes the Council’s concept of the rule of law, before settling in to a more general discussion on the Council’s standard setting instruments. The chapter also offers some discussion on the institutional aspects relating to the above, before concluding with some final insights.
The Addressees of Common Article 3
Authors: Sivakumaran Sandesh
Published: August 2024

Common Article 3 is the only Article in the Geneva Conventions that regulates non-international armed conflicts (NIACs). Common Article 3 provides that, in NIACs, ‘each Party to the conflict shall be bound to apply’ certain listed provisions. The Article is thus addressed to the parties to the conflict. Two principal issues arise from the construction: Who are the parties to a NIAC? How are the parties bound by Common Article 3? This chapter discusses the meaning and application of Common Article 3, its applicability in international armed conflict, and the legal consequences of violation of the norms contained in Common Article 3.
The Universality of the Geneva Conventions
Authors: Mégret Frédéric
Published: August 2024

This chapter discusses the universality of the Geneva Conventions. Universality refers specifically to the degree to which particular norms of the Conventions have acquired customary international status; the degree to which the Conventions reflect values and standards that are present in all cultures and civilizations; and the degree to which the norms underlying the Conventions are considered universal and applicable by a range of non-state actors.
Other Issues Relating to the Treatment of Civilians in Enemy Hands
Authors: van der Heijden Iris
Published: August 2024

This chapter discusses provisions relating to the treatment of civilians in enemy hands under the Fourth Geneva Convention (GC IV). These provisions concern mainly the fundamental rights and guarantees that protected persons are entitled to under GC IV. Among others, Article 27, considered as the basis of GC IV in protecting the fundamental human rights of protected persons, is discussed. Related to this, the prohibitions of coercion and physical suffering are analysed as well as other provisions, such as the prohibition of human shielding, the right to ask for assistance and state responsibility for the treatment of protected persons. Furthermore, the protection provided for by GC IV to enemy aliens and the inviolability of rights in occupied territories are touched upon.
Special Rules on Refugees
Authors: Hastie Bethany , Crépeau François
Published: August 2024

This chapter discusses the rules governing the protection of refugees in Geneva Convention (GC) IV. Article 44 GC IV codifies the underlying purpose of such rules aimed at affording more favourable treatment to refugees, by requiring a Detaining Power not to treat them as enemy aliens exclusively on the basis of their nationality. Article 70 paragraph 2 prohibits an Occupying Power from arresting, prosecuting, convicting, or deporting nationals of the Occupying Power if they sought refuge in the occupied state for offences committed before the outbreak of hostilities, and which would not, during peacetime justify extradition. Article 45 paragraph 4 and Article 49 paragraph 1 GC IV generally prohibit forcible transfers of protected persons out of occupied territories, ‘regardless of their motive’. These Articles provide protection based on the principle of non-refoulement which has subsequently been fully developed under international refugee law.
Admissibility of and Procedures for Internment
Authors: Olson Laura M
Published: August 2024

This chapter discusses the provisions on the admissibility of and procedures for internment in Geneva Convention (GC) IV. It covers the meaning of assigned residence, internment, and voluntary internment; grounds for internment/assigned residence; procedural requirements; and GC IV as the legal basis for internment. It concludes that the parameters that GC IV established in 1949 regarding the admissibility of and procedures for internment and assigned residence continue to provide essential protection in today’s international armed conflicts. While the authorization of deprivation of liberty based on security reasons for an unknown duration may not seem humanitarian, history has shown that, if not permitted so as also to be regulated to prevent abuse, much worse occurs.
Protection of Public Property
Authors: Van Engeland Anicée
Published: August 2024

This chapter discusses the rules prohibiting the destruction of property by the occupying authorities under Article 53 Geneva Convention (GC) IV. It covers the distinction between private and public property; the distinction between movable and immovable state properties; and the exception to the prohibition: unless ‘rendered absolutely necessary by military operation’.
Nationality, Registration, and Ownership of Ships
Authors: Ready Nigel P
Published: August 2024

This chapter discusses issues that emerge regarding the nationality, registration, and ownerships of ships. It looks into the notion of the freedom of the high seas—a concept that stresses the freedom to navigate the oceans. According to the United Nations Convention on the Law of the Sea (UNCLOS), freedom of the high seas means the unrestricted access of vessels belonging to all nations, including land-locked States, to all parts of the sea that are not included in the territorial sea or internal waters of a State. International law looks to individual States to ensure and enforce compliance within international law through the jurisdiction exercised over their national vessels. Jurisdiction over a vessel on the high seas resides solely with the State to which the vessel belongs and the corollary of that rule is that all vessels using the high seas must possess nationality; this is generally obtained by registration.
Maritime Labour Law
Authors: Stevenson Douglas B
Published: August 2024

This chapter outlines the development of international maritime labour law. It highlights provisions concerning the overall working conditions and health of seafarers. Protecting seafarers is one of the principal reasons for the development of maritime law. Despite being highly skilled, seafarers can become victims of exploitation, abuse, and discrimination. Furthermore, they are often away from land-based institutions that provide aid and protection. By the beginning of the twentieth century, labour unrest led to the creation of the International Labour Organization (ILO), which seeks to improve the lives of workers. The chapter analyses the Maritime Labour Convention 2006, which provides a comprehensive statement of seafarers’ rights such as standards for conditions of employment, hours of work and rest, accommodation, recreational facilities, food and catering, and health protection.
International Trade and Shipping Documents
Authors: Belja Elda
Published: August 2024

This chapter explores various trade and shipping documents used in the international shipping industry. One such contract relates to the carriage of goods. Goods subject to international sales need to be carried and delivered. The chapter provides an overview of the standard terms used in trade practice. Special trade terms are used to simplify international transactions relating to the sale of goods; however, meanings may be subject to interpretation. In 1936, the International Chamber of Commerce (ICC) established the Incoterms in an effort to standardize trade terms. Trade terms are divided into two groups: those which can be used for sea and inland waterway transport and the point of delivery and the place to which the goods are carried to the buyer are both ports; and those which can be used irrespective of the mode of transport selected and whether one or more than one mode of transport is employed.
Bills of Lading
Authors: Goldby Miriam
Published: August 2024

This chapter examines the nature of the modern-day bill of lading and its legal functions. A bill of lading is a document issued by a carrier which details a shipment of merchandise and gives title of that shipment to a specified party. The chapter focuses mainly on the legal framework created by three international conventions the provisions of which are designed to govern contracts for the carriage of goods by sea. These are the International Convention for the Unification of Certain Rules Relating to Bills of Lading, 1924; the United Nations Convention on the Carriage of Goods by Sea, 1978; and the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, 2008.
Carriage of Passengers and their Luggage by Sea
Authors: Røsæg Erik
Published: August 2024

This chapter examines the development of international law that regulates the carriage of passengers by sea. It outlines the basis for liability held by carriers of passengers stated under the 1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Athens Protocol, which further improved the 1974 Convention as it added provisions relating to terrorism insurance as a response to the 9/11 attacks in New York. The scope of the Athens Convention is international carriage, and then only when: the ship is flying the flag of a State Party, the contract has been made in a State Party, or the place of departure or destination is in a State Party. Even within this scope, the Convention yields to other conventions on mandatory liability, for example in relation to the carriage of railway passengers on a sea leg, making it inapplicable to domestic traffic.
Law of Towage
Authors: Rainey Simon
Published: August 2024

This chapter provides an overview of the nature and basic principles governing towage under English law. It also considers the key terms used in the standard forms employed such as the UK Standard Conditions for Towage and Other Services (UKSCT) and the Baltic and International Maritime Council (BIMCO). Historically, towage is defined as the employment of one vessel to expedite the voyage of another, when nothing more is required than the accelerating of its progress. Now, under a contract of towage, the tug owner agrees to provide the services of the tug for an agreed service, purpose, or period in exchange for periodic or lump sum payments. Due to similarities, the chapter distinguishes the act of towage from salvage. The defining characteristic of salvage is that, unlike towage, salvage exists independently of any contract. Four essential requirements must also be satisfied: subject, danger, voluntariness, and success.
Enforcement of Maritime Claims
Authors: Berlingieri Francesco
Published: August 2024

This chapter discusses the enforcement of maritime claims. According to the International Convention on Arrest of Ships, ‘maritime claim’ means any claim concerning or arising out of the ownership, construction, possession, management, operation, or trading of any ship. The chapter also answers four questions that arise in respect of the enforcement of maritime claims by means of the arrest of a ship: first, what must be the relationship between the person liable in respect of the claim and the ship at the time the claim has arisen; second, what must be the relationship between the person liable in respect of the claim and the ship at the time the claim is enforced; third, how the ship in respect of which the claim has arisen must be identified; fourth, whether ships other than that in respect of which the claim has arisen may be arrested.
The Law of Marine Insurance
Authors: Pavliha Marko , Padovan Adriana Vincenca
Published: August 2024

This chapter examines the basics of marine insurance law. It emphasizes the principles of indemnity, insurable interest, and utmost good faith. Marine insurance refers to the insurance of vessels, cargo, shipowner’s, shiprepairer’s, and other marine liabilities, and various other moveable property and associated interests exposed to the risks incidental to the marine transport. It protects the insured against damage, loss, and liability arising from the exposure of a vessel, goods, or any moveable property to the maritime perils, meaning the perils consequent on, or incidental to, the navigation. The three common types of marine insurance are hull insurance, cargo insurance, and marine liability insurance. Unfortunately, there is no standing international legal framework regulating the law of marine insurance. In Commonwealth countries, a source of marine insurance law is common law, reflected in and developed through case law and through the Marine Insurance Act 1906.
State Jurisdiction in Relation to the Protection and Preservation of the Marine Environment
Authors: Gavouneli Maria
Published: August 2024

This chapter attempts to navigate the jurisdictional shoals of the United Nations Law of the Sea Convention (UNCLOS) in respect to environmental protection, with a view to reconciling the inevitable fragmentation of jurisdictional powers with the common imperative that is the protection and preservation of the marine environment. In doing so, this chapter focuses particularly on the ‘hidden’ functional categorization of States rather than the spatial zoning of the Convention itself; an approach which is both reflective of the realities in the field and more appropriate in instigating and monitoring State action. After all, State jurisdiction in relation to the protection and preservation of the marine environment denotes the competence of the State authorities under international law to regulate the activities of State organs and private individuals, natural and juridical persons alike, in the marine area.
The Illicit Trafficking of Drugs
Authors: Papastavridis Efthymios
Published: August 2024

This chapter first explores the legal bases for drug interdiction operations at sea, both on multilateral and unilateral levels; in more detail, the analysis commences with the UN Convention on the Law of the Sea (UNCLOS), which does, albeit scarcely, provide for the suppression of drug trafficking. Then, the focus shifts to the 1988 Vienna Convention and the other multilateral instruments, which set out the legal framework for interception operations and for the assertion of enforcement jurisdiction over the relevant crimes. This is followed by an analysis of the respective bilateral arrangements especially in the Caribbean basin. In addition, all possible justifications under customary law, especially instances of ad hoc consent for drug-trafficking interdiction, are canvassed.
New Marine Security Threats
Authors: Calley Darren , Hulme Karen , Ong David M
Published: August 2024

This chapter addresses the wider range of threats to marine security, as opposed to the threats that relate primarily to maritime security addressed by other chapters. The distinction between marine and maritime security threats relates to the notion that marine security threats denote a different type of security threat, being not merely a threat to shipping and other traditional maritime activities, but also to coastal communities and even the non-human environment. Therefore, this chapter highlights the different means by which international law is engaging with both continuing and new marine security threats in the form of illegal ocean dumping, illegal, unreported and unregulated (IUU) fishing, and marine geo-engineering activities/projects.
The Philosophy of the Rio Declaration
Authors: Dupuy Pierre-Marie
Published: August 2024

This chapter places the Rio Declaration within the broader context of the ecocentric and anthropocentric views underpinning the competing and perhaps contradictory goals pursued by the Declaration, namely the restoration of the Earth's ecological balance and the pursuance of economic and social development.
Principle 7
Authors: Cullet Philippe
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 7 of the Rio Declaration. It pays particular attention to how the common but differentiated responsibilities principle stated in Principle 7 introduces fundamental corrections to the idea of equality and reciprocity among States in international environmental law.
Principle 16
Authors: Schwartz Priscilla
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 16 of the Rio Declaration. The analysis focuses on a number of cost internalisation measures developed in connection with climate change policies and their implications from the perspective of the relations between foreign investment protection and environmental law.
Principle 17
Authors: Craik Neil
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 17 of the Rio Declaration. It clarifies the origins and operation of environmental impact assessment procedures, their current scope and legal status, and the extension towards the assessment of policies and related instruments.
Principle 18
Authors: Okowa Phoebe
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential influence of Principle 18 of the Rio Declaration. It pays particular attention to the legal status and expression of the notification requirement in international law and to how a duty of assistance could be translated in legal terms.
Principle 24
Authors: Tougas Marie-Louise
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential relevance of Principle 24 of the Rio Declaration. It provides a detailed analysis of the different ways in which some measure of environmental protection is provided in the rules governing the conduct of hostilities.
Principle 26
Authors: Stephens Tim
Published: August 2024

This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential relevance of Principle 26 of the Rio Declaration. It surveys the different dispute settlement methods that can be mobilised in an environmental context paying particular attention to the role of international environmental adjudication.
Public International Law Approaches to Jurisdiction
Authors: Ryngaert Cedric
Published: August 2024

This chapter discusses two public international law approaches to jurisdiction. The first approach was taken by the Permanent Court of International Justice in the 1927 Lotus case. The second approach, which purportedly reflects customary international law, has been taken by most States and the majority of the doctrine. Under this approach, States are not authorized to exercise their jurisdiction, unless they could rely on such permissive principles as the territoriality, personality, protective and universality principles. It remains unclear which doctrine has the upper hand. For purposes of shifting the burden of proof to the other party, States who assert their jurisdiction tend to rely on Lotus, whereas States who oppose another State’s jurisdictional assertions tend to rely on the permissive principles approach.
Commonly Used Procedural Rules
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu
Published: August 2024

Most international arbitrations today, whether between private commercial parties or between investors and host states, are conducted under the auspices of one of several arbitration “institutions” around the world. These institutions are not arbitration “courts,” in the sense that they do not decide the outcome of disputes. Rather, they “administer arbitrations including receiving and distributing pleadings, and perhaps appointing arbiters or reviewing an award for technical accuracy usually in connection with a decision by the parties to use the arbitration rules of the institution.” Anecdotal evidence suggests that the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) arbitration rules govern the vast majority of investment arbitration cases. This chapter discusses ICSID rules, Stockholm Chamber of Commerce Rules, International Chamber of Commerce Rules, and UNCITRAL arbitration rules. It then compares ICSID and UNCITRAL rules.
Exhaustion of Local Remedies
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu
Published: August 2024

This chapter begins with a discussion of the exhaustion of local remedies under customary international law. The requirement of exhaustion of local remedies (or local remedies rule) 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 in investment treaty arbitration and the Loewen case are then discussed.
Election of Forum: National Courts and Contract Arbitrations
Authors: Dugan Christopher F , Wallace Jr , Rubins Noah , Sabahi Borzu
Published: August 2024

One of the most persistent problems in investor-state disputes is which forum will adjudicate the dispute. Three fora predominate: the national courts where the investment is made, an arbitral forum that the parties may have selected by contract, and an investment treaty tribunal. This chapter discusses national courts and treaty arbitration, and investment treaties and contractual forum selection clauses.
Kilonova Seekers: the GOTO project for real-time citizen science in time-domain astrophysics
Authors: Killestein T L , Kelsey L , Wickens E , Nuttall L , Lyman J , Krawczyk C , Ackley K , Dyer M J , Jiménez-Ibarra F , Ulaczyk K , O’Neill D , Kumar A , Steeghs D , Galloway D K , Dhillon V S , O’Brien P , Ramsay G , Noysena K , Kotak R , Breton R P , Pallé E , Pollacco D , Awiphan S , Belkin S , Chote P , Clark P , Coppejans D , Duffy C , Eyles-Ferris R , Godson B , Gompertz B , Graur O , Irawati P , Jarvis D , Julakanti Y , Kennedy M R , Kuncarayakti H , Levan A , Littlefair S , Magee M , Mandhai S , Mata Sánchez D , Mattila S , McCormac J , Mullaney J , Munday J , Patel M , Pursiainen M , Rana J , Sawangwit U , Stanway E , Starling R , Warwick B , Wiersema K
Published: August 2024

Time-domain astrophysics continues to grow rapidly, with the inception of new surveys drastically increasing data volumes. Democratized, distributed approaches to training sets for machine learning classifiers are crucial to make the most of this torrent of discovery – with citizen science approaches proving effective at meeting these requirements. In this paper, we describe the creation of and the initial results from the Kilonova Seekers citizen science project, built to find transient phenomena from the GOTO telescopes in near real-time. Kilonova Seekers launched in 2023 July and received over 600 000 classifications from approximately 2000 volunteers over the course of the LIGO-Virgo-KAGRA O4a observing run. During this time, the project has yielded 20 discoveries, generated a ‘gold-standard’ training set of 17 682 detections for augmenting deep-learned classifiers, and measured the performance and biases of Zooniverse volunteers on real-bogus classification. This project will continue throughout the lifetime of GOTO, pushing candidates at ever-greater cadence, and directly facilitate the next-generation classification algorithms currently in development.
Merging hierarchical triple black hole systems with intermediate-mass black holes in population III star clusters
Authors: Liu Shuai , Wang Long , Hu Yi-Ming , Tanikawa Ataru , Trani Alessandro A
Published: August 2024

Theoretical predictions suggest that very massive stars have the potential to form through multiple collisions and eventually evolve into intermediate-mass black holes (IMBHs) within Population III star clusters embedded in mini dark matter haloes. In this study, we investigate the long-term evolution of Population III star clusters, including models with a primordial binary fraction of $f_{\rm b}=0$ and 1, using the N-body simulation code petar. We comprehensively examine the phenomenon of hierarchical triple black holes in the clusters, specifically focusing on their merging inner binary black holes (BBHs), with post-Newtonian correction, by using the tsunami code. Our findings suggest a high likelihood of the inner BBHs containing IMBHs with masses on the order of $\mathcal {O}(100)\,{\rm M}_{\odot }$, and as a result, their merger rate could be up to $0.1{\rm Gpc}^{-3}{\rm yr}^{-3}$. The orbital eccentricities of some merging inner BBHs oscillate over time periodically, known as the Kozai–Lidov oscillation, due to dynamical perturbations. Detectable merging inner BBHs for mHz GW detectors LISA/TianQin/Taiji concentrate within $z\lt 3$. More distant sources would be detectable for CE/ET/LIGO/KAGRA/DECIGO, which are sensitive from $\mathcal {O}(0.1)$Hz to $\mathcal {O}(100)$ Hz. Furthermore, compared with merging isolated BBHs, merging inner BBHs affected by dynamical perturbations from tertiary BHs tend to have higher eccentricities, with a significant fraction of sources with eccentricities closing to 1 at mHz bands. GW observations would help constrain the formation channels of merging BBHs, whether through isolated evolution or dynamical interaction, by examining eccentricities.