bluuebunny/crossref_metadata_2025_split huggingface dataset:
International Human Rights Litigation
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter focuses on litigation under the Alien Tort Statute, which provides for jurisdiction over suits brought by aliens for torts in violation of international law. The chapter begins by exploring Congress’s likely intent in enacting the Statute in 1789, and how the Statute may have related to Article III of the Constitution (concerning the powers of the federal courts). The chapter then describes how the Statute received little attention until the Filartiga decision in 1980, which allowed for it to be used by aliens to sue other aliens for human rights abuses committed abroad. The chapter proceeds to explore a variety of doctrinal issues relating to this human rights litigation, including the source of the cause of action, the standards for bringing a claim, and the ability to sue corporations. The chapter also considers the contours of the Torture Victim Protection Act, which Congress enacted in 1992 to facilitate certain human rights claims. The chapter then discusses limitations on Alien Tort Statute litigation imposed by the Supreme Court in its 2004 decision in Sosa v. Alvarez-Machain, as well as the rise of suits brought against corporate defendants brought under the Statute. The chapter concludes by discussing the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, in which the Court substantially curtailed the territorial reach of claims that could be brought under the Statute, and the Court’s 2018 decision in Jesner v. Arab Bank, in which the Court disallowed suits under the Statute against foreign corporations.
Sovereign and Individual Official Immunity
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter discusses four types of immunity in U.S. litigation: the immunity of foreign governments and their agencies and instrumentalities; the immunity of international organizations; the immunity of diplomats and consular officials; and the immunity of other foreign officials. Foreign governmental immunity is addressed by an extensive statute that was enacted in 1976—the Foreign Sovereign Immunities Act—and both the historical practice predating the Act and its core provisions are considered here. Among other things, the chapter describes how courts have interpreted some of the exceptions to immunity in the Act, such as for commercial activity and noncommercial torts, and also for certain acts by state sponsors of terrorism. International organization immunity is discussed in light of the Supreme Court’s 2019 decision in Jam v. Int’l Finance Corp. Diplomatic immunity and consular immunity are addressed by multilateral treaties, and this chapter describes those treaties and how they have been applied by U.S. courts. The most unsettled category of immunity concerns suits against other foreign government officials, including against sitting and former heads of state. The chapter describes how the lower courts, since the Supreme Court’s 2010 decision in the Samantar case, have been developing a common law of immunity for these cases, while also often giving deference to the views of the executive branch. The chapter also notes various unresolved issues, including issues concerning the proper level of deference and the extent to which the violation of jus cogens norms of international law can qualify as official conduct for purposes of conduct-based immunity.
Extradition and Other Means of Criminal Law
Enforcement
Authors: Bradley Curtis A 
Published: December 2020

Abstract
This chapter considers the extradition of criminal suspects to and from the United States, as well as other issues relating to international criminal law enforcement. The chapter begins by describing early U.S. practice relating to extradition. It then describes the respective roles of the courts and the executive branch in modern extradition cases. The chapter further describes some of the common limitations in U.S. extradition treaties, such as the dual criminality requirement, the political offense exception, and the specialty doctrine, and how these limitations have been applied by the courts. In addition, the chapter considers special issues that have arisen in some cases involving extradition to the United States where the federal government or a state government is likely to seek the death penalty. Besides extradition treaties, the chapter also discusses Mutual Legal Assistance Treaties and prisoner exchange agreements. The chapter concludes by discussing the domestic legal implications of both international abduction of criminal suspects and “extraordinary rendition” of suspects in the war on terrorism.
Foundations
Authors: Werle Gerhard , Jeßberger Florian 
Published: December 2020

Abstract
This chapter sets down the legal and historical foundations of international criminal law. It begins with a brief overview of the history of international criminal law, beginning with the 1919 Versailles Peace Treaty and ending with the developments after the creation of the International Criminal Court (ICC) Statute. From there, the chapter discusses the concepts, aim, and legitimacy of international criminal law before turning to the role of international criminal law within the international legal order. Afterward, the chapter turns to the sources and interpretation of international criminal law as well as universal jurisdiction, the duty to prosecute, and transitional justice. Next, the chapter considers the relationship between international and domestic courts as well as the prosecution of international crimes under international law by international and ‘internationalised’ courts. Finally, this chapter closes with a discussion on international criminal law in practice.
General Principles
Authors: Werle Gerhard , Jeßberger Florian 
Published: December 2020

Abstract
This chapter focuses on the general principles of international criminal law. It first develops a general theory of crimes under international law by considering the concept of crimes under international law as well as the context of organised violence. The structure of crimes under international law is also explored. Next, the chapter studies the material and mental elements of crimes under international law. Individual criminal responsibility and superior responsibility are also discussed, as are the grounds for excluding criminal responsibility. Next, the chapter covers inchoate crimes, omissions within the context of the ICC Statute, immunity, the multiplicity of offences, and finally, the requirements for prosecution.
Genocide
Authors: Werle Gerhard , Jeßberger Florian 
Published: December 2020

Abstract
This chapter covers genocide. It first examines the phenomenon of genocide, particularly in the context of the Holocaust, the history and structure of the crime, and how the criminalisation of genocide seeks to protect certain groups' right to exist. The chapter then explores the material and mental elements of the crime, before discussing the incitement to commit genocide. Here, the structure of the crime of genocide is explored, alongside its material and mental elements. To conclude, the chapter explores the multiplicity of offences in genocide. Typically, numerous acts are involved in carrying out the crime of genocide, each of which in itself fulfils the requirements for genocide. As such, it is necessary to decide whether these individual acts should be seen as legally separate crimes or as one single crime.
War Crimes
Authors: Werle Gerhard , Jeßberger Florian 
Published: December 2020

Abstract
This chapter turns to war crimes. Here, the chapter narrows the definition of ‘war crimes’ to a violation of a rule of international humanitarian law that creates direct criminal responsibility under international law. It then proceeds to examine the historical development of war crimes as part of international humanitarian law as well as criminal sanctions, war crimes in non-international armed conflict, protected interests, and categories of war crimes. Afterward, the chapter describes the overall requirements for an offence to be deemed a war crime. Next, the chapter explores war crimes against persons, against property and other rights, and against humanitarian operations. It also discusses prohibited methods of warfare and the use of prohibited means of warfare. The chapter ends with a coverage of the multiplicity of offences.
International Survey on Legal Reasoning
Authors: Strong SI 
Published: December 2020

Abstract
This chapter discusses results from a large-scale, international survey of judges and arbitrators, focusing on the beliefs and behaviors associated with legal reasoning. This study seeks to identify general practices and motivations regarding legal reasoning to determine whether and to what extent conventional wisdom in this field is correct. Many questions in the survey mirror those asked in the semi-structured interviews, which allows a certain amount of validity testing across the two studies. The survey also addresses issues considered in the quantitative (coding) exercise, thereby allowing further triangulation of results.
Semi-Structured Interviews on Legal Reasoning
Authors: Strong SI 
Published: December 2020

Abstract
This chapter involves a series of semi-structured interviews of judges and arbitrators covering the same types of issues addressed by the survey. The chapter begins with methodological and definitional information before moving to the substantive results from the interviews, which focused not only on what judges and arbitrators do, but why they do it. Topics include use of legal authorities, the use of factual authorities (evidence), the reasoning process, and the drafting process as well as judicial and arbitral education.
Historical Background
Authors: Butler William E 
Published: December 2020

Abstract
This chapter traces the history of the Russian treaty from its inception during the Kievan Rus to Soviet applications of the instrument. The precise origins of the "treaty" in Kievan practice has not been determined. However, it was from this early period that concepts such as treaty ratifications and "confirmation" were conceived in early Russian law. From there, the chapter follows Russian treaties through post-medieval times, including the inclusion of international treaties within the 1825 Complete Collection of Laws of the Russian Empire. The chapter also takes a look at the so-called "internal treaties," by examining the differences between "international" treaties and "constitutional" treaties given Russia's historic borders and its relationships with neighboring states. Finally, the chapter outlines Soviet treaty policy and its doctrinal philosophies.
Sources of the Russian Law of Treaties
Authors: Butler William E 
Published: December 2020

Abstract
This chapter considers what Russian legislation, judicial practice, and doctrinal views regulate the conclusion, ratification, entry into force, or termination of treaties under Russian law. In other words, it asks how Russian law interacts with and/or implements the international law of treaties. Here, the sources of Russian law generally are also the sources of Russian foreign relations law, including the Russian law of treaties. The latter refers to a body of legislation, judicial practice, and doctrinal literature which determines how treaties are to be concluded, ratified, confirmed, approved, or provisionally applied by relevant State agencies, terminated, denounced, or suspended if necessary, and otherwise procedurally dealt with under Russian law. Furthermore, as the chapter shows, the sources of the Russian law of treaties are also the same sources of other branches or rules of Russian law.
Contemporary Treaty-Making in the Russian Federation
Authors: Butler William E 
Published: December 2020

Abstract
This chapter discusses Russia's standard procedures for entering into an international treaty. The 1969 Vienna Convention on the Law of Treaties and Russian international legal doctrine offer general guidance. In addition, certain requirements are imposed by the 1993 Russian Constitution, 1995 Law on treaties, edicts of the President and decrees or regulations of the Government, other federal laws, and subordinate legal acts of the Russian Federation. Aside from these, the chapter describes how, within a vast government, uniformity of approach and understanding is achieved with respect to treaty-making and how institutional memories are preserved with respect to past practices. As such, the chapter examines subjects ranging from the power to conclude treaties, to draft decisions and treaty proposals, to submissions to government, treaty signatures, and even the termination of a treaty's application.
Publication and Registration of Treaties in Russia
Authors: Butler William E 
Published: December 2020

Abstract
This chapter focuses on the publication of treaties-a major concern in Russia during the Soviet and post-Soviet eras. This was to prevent the Russian government from engaging in secret diplomacy, as it had been caught doing during World War I. From then on, secret diplomacy was abolished and the secret treaties whose texts were found in Imperial Russian State archives were published, to the discomfiture and embarrassment of the parties on both sides in the War. Soviet international lawyers considered the introduction of the registration and publication of treaties to be a significant contribution of their country to international law. However, the early Soviet legislation on the conclusion, ratification, and denunciation of treaties contained no provisions regarding their publication until 1924. Aside from the history of treaty publication, the chapter also outlines some treaty-relevant legislation.
International Treaties in Russian Judicial and Arbitral Practice
Authors: Butler William E 
Published: December 2020

Abstract
This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.
The Energy Charter Treaty
Authors: Hobér Kaj 
Published: December 2020

Abstract
This chapter provides an overview of the Energy Charter Treaty. Developed on the basis of the European Energy Charter of 1991, the Energy Charter Treaty is a multilateral treaty dealing with inter-governmental co-operation in the energy sector. It covers five broad areas in the energy sector: trade; investment protection; transit; environmental protection and energy efficiency; and settlement of disputes. The trade provisions of the Treaty were designed to import fundamental GATT principles, such as non-discrimination, national treatment, most-favoured-nation treatment, and transparency. The provisions on investment protection are found in Part III of the Treaty. In particular, Article 13 in Part III deals with expropriation, while Article 10 deals with various standards of treatment of foreign investments. The rules for facilitating transit of energy through the participating States are laid down in Article 7. The transit regime is based on freedom of transit and the principle of non-discrimination. Meanwhile, Article 19 of the ECT sets forth a number of ‘best efforts’ obligations of the Contracting Parties with respect to environmental protection and energy efficiency. Lastly, the ECT includes two binding dispute settlement mechanisms: investor-State arbitration for investment disputes (Article 26) and state-to-state arbitration for basically all disputes that may arise under the ECT (Article 27), with the exception for disputes concerning competition (Article 6(7)) and environment (Article 27(2)). The chapter then looks at the Energy Charter Conference, an inter-governmental organization established by the ECT and the governing and decision-making body for the Energy Charter Process.
Rules of Attribution
Authors: Hobér Kaj 
Published: December 2020

Abstract
This chapter focuses on the rules of attribution. The State is not responsible for all acts and omissions of its nationals, but only for those which can be attributed to the State. It is thus necessary to establish this link between the State and the person, or persons, committing an unlawful act or omission. The legal principles used to establish this link are usually referred to as rules of attribution. The rules of attribution form part of the law of state responsibility, which, to a large part, is reflected in the work of the International Law Commission (ILC) of the United Nations. At its fifty-third session in 2001, the ILC adopted its final version of the ILC Articles on Responsibility of States for Internationally Wrongful Acts. The ILC Articles are intended to cover all aspects of state responsibility under international law. The rules of attribution are laid down in Chapter II of the ILC Articles. From an Energy Charter Treaty perspective, Articles 4—8 are the most relevant ones. The central provision with respect to attribution is Article 4, which confirms the well-established principle of international law that the State is responsible for the acts of its own organs acting in the capacity of the State.
The Preamble
Authors: Hobér Kaj 
Published: December 2020

Abstract
This chapter examines the Preamble of the Energy Charter Treaty. The Preamble draws heavily on the ideas and philosophy underlying the European Energy Charter. The Charter constitutes a political commitment to co-operation in the energy sector based on the idea of open and efficient energy markets. It foresees the creation of conditions stimulating private investment based on non-discrimination and respect for state sovereignty over natural resources. The signatories to the Concluding Document agreed to pursue the objectives and principles of the European Energy Charter and to transform them into binding international legal commitments which eventually lead to the Energy Charter Treaty. The signatories are desirous of sustainable energy development—improving energy security and maximising the efficiency of production, conversion, transport, distribution, and use of energy—to enhance safety and to minimize environmental problems, on an acceptable economic basis. Within the framework of state sovereignty and sovereign rights over energy resources and in a spirit of political and economic cooperation, they undertake to promote the development of an efficient energy market throughout Europe and a better functioning global market, in both cases based on the principle of non-discrimination and on market-oriented price formation, taking due account of environmental concerns.
Part I: Definitions and Purpose
Authors: Hobér Kaj 
Published: December 2020

Abstract
This chapter assesses Part I of the Energy Charter Treaty, which deals with definitions and the purpose of the treaty. Central to the functioning and proper understanding of the ECT, Article 1 sets forth relatively detailed definitions of key terms and concepts used in the ECT. In particular, there are two defined terms which are important: Article 1(6), which defines ‘Investment’; and Article 1(7), which defines ‘Investor’. These two concepts have been argued in practically every ECT award rendered so far. Article 1 also defines other key terms used in the ECT such as ‘Contracting Party’ (paragraph 4), ‘Energy Materials and Products’ (paragraph 5), and ‘Area’ (paragraph 10). Meanwhile, Article 2 is titled ‘Purpose of the Treaty’. Proceeding from the rules of treaty interpretation laid down in the Vienna Convention, Article 2 of the ECT is relevant when determining the object and purpose of the ECT. It should be noted that Article 2 refers to the European Energy Charter, which is also relevant when determining the object and purpose of the ECT.
PART II: Commerce
Authors: Hobér Kaj 
Published: December 2020

Abstract
This chapter addresses Part II of the Energy Charter Treaty, which deals with commerce and trade in the energy sector. Article 3 addresses general questions concerning access to international markets relating to Energy Materials and Products and Energy Related Equipment. Articles 4 and 5 deal with trade-related matters in the energy sector, with particular emphasis on the relationship between the ECT and the WTO Agreement. Stated in general terms, the objective is to ensure that trade-related matters under the ECT are compatible with the rights and obligations of the WTO Agreements. Meanwhile, Article 6 deals with competition matters and Article 7 with transit. The guiding principle laid down in Article 7 is the freedom of transit. Article 7 also has detailed provisions addressing the settlement of transit disputes. Lastly, Articles 8 and 9 deal with transfer of technology and access to capital respectively.
Part IV: Miscellaneous Provisions
Authors: Hobér Kaj 
Published: December 2020

Abstract
This chapter studies Part IV of the Energy Charter Treaty, which is entitled ‘Miscellaneous Provisions’. Article 18, dealing with sovereignty over natural resources, is the first article in Part IV of the ECT. This is significant, because the placement of Article 18 outside of Part III of the ECT means that the provisions in Article 18 cannot be made the subject of the dispute settlement mechanism in Article 26 of the ECT, which requires that there be an alleged breach of an obligation under Part III of the ECT. Meanwhile, Article 19 deals with environmental aspects and Article 20 with transparency. Article 21, concerning taxation, has a complex structure such that interpretation based on the Vienna Convention may be required. Article 22 deals with a Contracting Party's obligations in relation to the conduct of state enterprises (paragraphs 1 and 2); the conduct of entities which it has entrusted with governmental authority (paragraph 3); and the conduct of entities which have been granted exclusive or special privileges (paragraph 4). Article 23 addresses the responsibility of Contracting Parties for acts of all organs of government, be they at the national, regional, or local level. Article 24 sets forth a number of general exceptions to the obligations set out in the ECT. Lastly, Article 25 sets forth a separate exception related to most-favoured-nation treatment for members of an economic integration agreement (EIA).
Part VII: Structure and Institutions
Authors: Hobér Kaj 
Published: December 2020

Abstract
This chapter examines Part VII of the Energy Charter Treaty, which is entitled ‘Structure and Institutions’. Any signatory to the European Energy Charter may participate in negotiations envisioned in Article 33, ‘Energy Charter Protocols and Declarations’. A State or a Regional Economic Integration Organization may not, however, become a party to a Protocol or Declaration unless it becomes a Contracting Party to the ECT. Article 34 establishes the Energy Charter Conference, which is the principal decision-making body of the ECT. The Energy Charter Conference—at which each Contracting Party is entitled to have one representative—has political responsibility for the European Energy Charter, the ECT, and related instruments. Meanwhile, Article 35 is entitled ‘Secretariat’; The Secretariat organizes and administers the Charter Conference and its various bodies. Article 36 sets forth the voting rules at the meetings of the Charter Conference, while Article 37 concerns the funding principles. The activities of the Charter Conference and the Secretariat are funded by the Contracting Parties.