bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Alston Philip , Mégret Frédéric 
Published: January 2021

Abstract
This introductory chapter provides an overview of the UN rights regime, which has changed dramatically in almost every respect. In normative terms, major new instruments have been adopted addressing the situation of persons with disabilities, disappearances, indigenous peoples, and many other groups, and the rights of LGBTI persons are now squarely on the agenda from which they were then almost entirely absent. In terms of staff, the relatively small Center for Human Rights has been replaced by an Office of the High Commissioner for Human Rights. These dynamics illustrate the extent to which the place of human rights within the broader constellation of global governance is susceptible to constant change. The chapter then considers what is, or should be, involved in the process of evaluating or appraising the effectiveness of the UN human rights regime as a whole and of individual human rights organs.
The Security Council
Authors: Mégret Frédéric 
Published: January 2021

Abstract
This chapter discusses the Security Council, which may be the least obvious organ within the United Nations to have a human rights role, yet may also be one of those that can make the most difference when it comes to the upholding of human rights standards internationally. For a human rights regime that is notoriously devoid of much enforcement power, the Security Council comes with a much sought after resource, in the form of the ability to use coercive means against states. Ultimately, the Security Council’s practices provide rich terrain for analysing prospects for human rights at the United Nations, as well as the evolving role of human rights not only as something that is promoted by the United Nations but which shapes, and even constitutes, its authority going forward.
The Human Rights Council
Authors: Freedman Rosa 
Published: January 2021

Abstract
This chapter focuses on the Human Rights Council. As the principal UN human rights body, the Council is arguably the lynchpin of the UN human rights machinery, bringing together states, independent experts, UN staff, and civil society actors, as well as reporting to the full UN membership via the General Assembly. The Human Rights Council is also quite a unique body, combining the most intensely political elements, a high degree of reliance on expertise, and in situ human rights investigations in order to fulfil its duties to protect, to promote, and to develop international human rights law. Many of the criticisms of the Council fail to take into account the ways in which it is hampered by its mandate, powers, and mechanisms. The chapter then considers the Council’s creation, its mandate and functions, and details the body’s strengths and weaknesses.
The Committee on the Elimination of Discrimination Against Women
Authors: Byrnes Andrew 
Published: January 2021

Abstract
This chapter examines the Committee on the Elimination of Discrimination against Women (CEDAW), a body of independent experts assigned the task of monitoring states’ efforts to fulfil their obligations under the CEDAW Convention. The principal basis for monitoring was to be the submission and review of reports submitted regularly by States parties. The chapter then addresses the work of CEDAW and its contribution to making the guarantees of the Convention a reality. An assessment of the record of a treaty body such as CEDAW must take into account, among other factors, the mandate of the body, the expertise and commitment of its members, the political and international legal context of its work, the resources available to it, the efficiency and effectiveness of its procedures, and the quality and impact of its output.
The Committee against Torture and the Subcommittee for the Prevention of Torture
Authors: Byrnes Andrew 
Published: January 2021

Abstract
This chapter focuses on the Committee against Torture and the Subcommittee for the Prevention of Torture. The role of the Committee is to monitor the implementation by States parties of their obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Torture Convention). The goal of the Torture Convention is to eradicate torture, often seen as one of the gravest human rights violations, through a mix of prevention and repression. The Convention was supplemented in 2002 by the adoption of an Optional Protocol to the Convention, which established an additional supervisory body—the Subcommittee for the Prevention of Torture, which commenced its work in 2007. The chapter then considers the work of the Committee over the last thirty years and provides an overview of the evolution and functions of the Subcommittee.
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families
Authors: Chetail Vincent 
Published: January 2021

Abstract
This chapter explores the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (MWC). Since its establishment in January 2004, the MWC has carried out very significant work. However, its task remains a difficult one for three main reasons of an institutional, normative, and practical nature. First, the Committee must find a place among a broad range of actors with concurring and sometimes conflicting mandates. Second, the rights of migrant workers and their families are governed by a complex set of overlapping norms enshrined in numerous instruments. Such a dense normative framework requires careful and harmonized guidance in interpreting the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW). Third, the most serious difficulty encountered by the Committee is linked to the limited number of states parties to the ICRMW.
Reform of the UN Human Rights Treaty Body System
Authors: Egan Suzanne 
Published: January 2021

Abstract
This chapter studies the initiatives mounted over the years by the United Nations to reform the operation of the treaty body system to respond to persistent difficulties. These have proceeded through a series of distinct initiatives which include the expert reports produced by Professor Philip Alston between 1989 and 1997; the ‘Unified Standing Treaty Body’ proposal championed by the former UNHCHR, Louise Arbour; and the so-called ‘Dublin process’ spearheaded by her successor to the post, Navanethem Pillay, which itself prompted the initiation of an inter-governmental process on treaty body reform. The chapter then traces the outcomes of the reform agenda as it has unfolded over the years, highlighting the nature of the processes adopted and culminating in a cautious prognosis for the future.
Status of the Global Islamic Finance Industry
Authors: Warde Ibrahim 
Published: January 2021

Abstract
This introductory chapter provides an overview of Islamic finance. Modern Islamic finance did not come out of nowhere. It appeared as the result of specific historical circumstances in the 1970s, and later evolved through a complex process of trial-and-error. It was also shaped by broader competitive and political–economic factors. Although religion was by definition central to Islamic finance, other variables—political, economic, social, cultural, and demographic—also played a significant role. No longer confined to the outer fringes of global finance, Islamic finance has also gone mainstream. Most major financial institutions are now involved in one way or another in Islamic finance, as are global consulting, accounting, and information companies. Within the Islamic world, Islamic financial institutions have become major economic players.
Dispute Resolution and Specialized ADR for Islamic Finance
Authors: White Andrew 
Published: January 2021

Abstract
This chapter assesses dispute resolution in Islamic finance. Simply referred to as ‘IDR’ (Islamic Dispute Resolution), this Shari’a-based form of Alternative Dispute Resolution (ADR) not only provides desperately needed subject matter expertise in Islamic finance dispute resolution but at the same time accommodates Islamic legal values and traditions in resolving the disputes that inevitably arise in the context of Islamic finance. As with construction arbitration, or labour arbitration, or any other subject-specific ADR process, IDR for Islamic finance is simply another mode of private commercial adjudication. Moreover, from the viewpoint of the State, it is much less threatening than a parallel system of Shari’a courts, which may reach decisions over which the State has no ultimate say. In fact, contrasted with such a parallel system, absent an amicable settlement—in which case the State would have no stake or direct interest anyway—the ultimate adjudication by an IDR intermediary would be subject to review and affirmation by the courts as an arbitral award. Rather than popular or state resistance to the idea of IDR, currently the greatest obstacle to increased and more widespread implementation of IDR for Islamic finance disputes is insufficient expertise and extremely limited facilitative legal and institutional frameworks.
Corporate Governance for Institutions Offering Islamic Financial Services
Authors: Rider Barry 
Published: January 2021

Abstract
This chapter addresses the issue of corporate governance for Islamic financial institutions. It sets against the backdrop of English law the various responsibilities that the Shari’a casts on believers in the management of their own affairs and those of others for whom they have taken—usually by contract—an obligation. As has been recognized by, for example, the Islamic Financial Services Board (IFSB), in reality many of the issues that have been addressed as matters of governance in the more developed markets of the West, have not, until recently, been particularly pertinent in Islam. The perception remains in the minds of many scholars and believers that given the all-pervading tenets of the Shari’a and their high moral content, dictating honesty and fair dealing, the essentially procedural mechanisms of Western governance are not of compelling relevance. Of course, when seeking to engage in activity in those jurisdictions where such systems are required, then it is appropriate to accommodate them. It is also increasingly accepted that adherence to such procedures might be a price worth paying for being seen as having institutions and markets that are of a truly international calibre. Indeed, this is a priority of such bodies at the IFSB.
Direct Military Assistance to Incumbent Governments Implicated in Violations of International Humanitarian and/or Human Rights Law
Authors: De Wet Erika 
Published: January 2021

Abstract
This chapter discusses the question of whether third states are prohibited from sending their armed forces to requesting states implicated in widespread violations of international humanitarian and human rights law. Article 3 of the Resolution on Military Assistance by Request of the Institut de Droit International (IDI) 2011 has stimulated the debate, in as far as it claims that the ‘sending of armed forces by one state to another state upon the latter’s request’ is prohibited if it is in violation of ‘generally accepted standards of human rights’. This statement may be read in various ways. First, it can be understood as meaning that the troops of the intervening (assisting) state themselves must adhere to international human rights standards when exercising force at the request of the territorial (recipient) state. However, article 3 of the IDI 2011 Resolution could also be interpreted as prohibiting direct military assistance that would result in the aiding or assisting of human rights violations by the recipient state. The chapter then considers the incurrence and consequences of derivative state responsibility of an intervening state under customary international law for the violations of international human rights and humanitarian law of the territorial state. In so doing, the analysis is informed by case law and doctrine relating to derivative responsibility for such violations through conduct stopping short of direct military support.
Trading Venues
Authors: Liebi Martin , Markham Jerry W , Brown-Hruska Sharon , De Carvalho Robalo Pedro , Meakin Hannah , Tan Peter 
Published: January 2021

Abstract
This chapter examines trading venues. The communiqué of the G20 finance ministers and central bank governors of 15 April 2011 states that participants in commodity derivatives markets should be subject to appropriate regulation and supervision. Therefore, certain exemptions from Directive 2004/39/EC (MiFID) are to be modified. These amendments particularly affect clearing houses, trade repositories, and trading venues, and reflect the increased risk and technological development since the last financial crisis. In Europe, MiFID II both defines the types of commodity derivatives that are regulated and the types of activity undertaken in relation to them that requires authorization. It also defines the types of trading venues that create the European trading landscape. As of January 2018, there are three types of trading venues in Europe: regulated markets, multilateral trading facilities, and organized trading facilities. While there are some important distinctions between them, it will be noted that many of the same requirements apply to each of them.
Illicit Behaviour
Authors: Liebi Martin , Markham Jerry W , Brown-Hruska Sharon , De Carvalho Robalo Pedro , Meakin Hannah , Tan Peter 
Published: January 2021

Abstract
This concluding chapter explores regulations on illicit behaviour, including violations of embargo sanctions, bribery of government officials, and money laundering. Embargoes and financial related sanctions against ‘rogue’ countries are economic in nature and are designed to coerce such countries into conformance to international norms. Sanctions may be applied to particular economic sectors, or a country's economy may be entirely embargoed, sometimes with humanitarian exceptions. Moreover, sanctions may be applied to import and exports of commodities, but are also often applied to prevent access to banking and other financial services. Meanwhile, the US prohibits the bribery of foreign government officials in order to obtain business through the Foreign Corrupt Practices Act of 1977. The US has also led the world in combatting money laundering, which typically involves the deposit of proceeds from illicit activities into what appear to be legitimate banking or brokerage accounts. The Securities and Exchange Commission and the Commodities and Futures Trading Commission impose anti-money laundering requirements on the broker-dealers and futures commission merchants they regulate. Those requirements include supervisory programmes designed to prevent and detect use of firm accounts for money laundering.
Right to a Public Trial
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter examines the right to a public trial, which protects both the defendant in a criminal trial and the interests of society as a whole in having a fair system of open justice. Under international human rights law, the right requires that a criminal trial should be held in public and that the court’s judgment is pronounced publicly. However, the right to a public trial is not absolute. The right may, for instance, be limited by valid national security concerns, or to protect the interests of a child or victim of sexual assault. This chapter examines the circumstances in which international bodies have found that exceptions to the right to a public trial are justified, and the additional measures that may be required to ensure that a criminal trial remains fair when there are restrictions on the public nature of proceedings.
right to fair trial
Right to be Presumed Innocent
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter focuses on the right to be presumed innocent, one of the most ancient and important principles of criminal justice, and a prerequisite for any system based on the rule of law. The right is absolute and non-derogable and, at its core, prohibits convictions that are predetermined or based on flimsy grounds. International human rights bodies have therefore found that where a conviction is based on non-existent, insufficient, or unreliable evidence, the presumption has been violated and a miscarriage of justice has occurred. More frequently, international human rights bodies have applied the presumption to require specific procedural protections during a trial. These include guarantees that the prosecution bears the burden of proving a defendant’s guilt beyond reasonable doubt, and that the defendant should not be presented or described as a criminal before he has been proved to be one. The chapter concludes that the presumption is protected in similar terms in international human rights treaties, but also highlights divergences in international jurisprudence relating to the standard for finding that a court’s assessment of evidence violates the presumption, the permissibility of reversing the burden of proof, and the extent to which the presumption applies after a trial has been completed.
Right to Examine Witnesses
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter studies the right to examine witnesses, which is fundamental to an effective defence. Allowing a prosecution witness to submit uncontested testimony, or depriving a defendant of the opportunity to call a witness who can provide exculpatory evidence, can lead to a serious miscarriage of justice. The right also protects the interests of victims, witnesses, and the broader public, because the questioning of witnesses can help to establish the truth and ensure the integrity of the judicial process. Under international human rights law, the right includes two components: the defendant’s right to examine witnesses testifying against them, and the right to call witnesses in their defence. But neither component of the right is absolute. This chapter addresses guidance from international bodies on acceptable limitations to the right, including areas of divergence relating to the use of anonymous witness testimony. It also highlights the challenge of obtaining remedies for such violations from international bodies given their deference to national courts on matters of evidence.
Right to an Interpreter
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter examines the right to an interpreter. The frequent movement of people around the world and the multicultural make-up of many countries mean that interpretation and translation services are required and used to a great extent in certain jurisdictions. The right to an interpreter does not mean that defendants are entitled to an interpreter simply because their native language is different from the language used in court, as long as they sufficiently understand and speak that language. Similarly, when interpretation is required, this does not per se have to be provided in the native language of the defendant. And if defendants feel there are any issues with the quality of the interpretation provided to them, and this is not apparent to the court, they are required to put the authorities on notice as they cannot later complain about their rights being violated if they failed to inform the authorities. The judge must ensure that the absence of an interpreter does not prejudice the defendant. Ultimately, the challenging issues that national courts confront when attempting to give effect to this right include assessing the defendant’s level of understanding; considering whether the right belongs to the defendant or the defence as a whole; determining the scope of the related right to translation of documents; and balancing the right to interpretation or translation against the right to be tried without undue delay.
Right to Equality
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter focuses on the right to equality before courts and tribunals, which requires that all parties to criminal proceedings are treated without discrimination. The right underlies the rule of law. It is codified in Article 14(1) of the International Covenant on Civil and Political Rights (ICCPR), which provides ‘[a]ll persons shall be equal before the courts and tribunals’. It is also enshrined in Article 14(3), which refers to the minimum guarantees of a fair trial ‘in full equality’. This chapter considers three areas in which the right to equality before courts and tribunals may arise in criminal proceedings: equality of treatment, equality of arms, and equality of access. In terms of equal treatment, Article 26 of the ICCPR provides ‘that all persons are equal before the law and are entitled to equal protection of the law without discrimination, and that the law shall guarantee to all persons equal and effective protection against discrimination on any of the enumerated grounds’. These grounds include ‘race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status’. Equality of treatment applies to all individuals, not just to defendants, and requires equal treatment by all organs of the state, not just judicial authorities. Meanwhile, equality of arms ensures that the same procedural rights are to be provided to all the parties to a case, ‘unless distinctions are based on law and can be justified on objective and reasonable grounds, not entailing actual disadvantage or other unfairness to the defendant’. It does not necessarily require mathematical equality between the prosecution and the defence. Equality of access issues may arise in criminal proceedings when a defendant’s access to court is hindered because of his detention, disability, or his foreign nationality, or when a defendant is forced to be tried before a military or special court rather than having access to a regular civilian court. The right to equality before courts and tribunals has been used relatively infrequently to vindicate fair trial violations, which may in part be attributed to the challenges of proving discrimination.
Right not to be Subject to Double Jeopardy
Authors: Clooney Amal , Webb Philippa 
Published: January 2021

Abstract
This chapter assesses the right not to be subject to double jeopardy, which protects against repeated trial or punishment for the same offence or conduct and ensures respect for the principle of finality in criminal proceedings. It is a crucial protection for the defendant because the possibility of repeated prosecutions or punishment leads to anxiety and stress and generates uncertainty in the wider community. The scope of the protection is therefore important: if it is too narrow, applying only to a second prosecution based on identical charges, prosecutors can still ‘throw the book’ at a defendant by charging him with disparate offences for the same conduct. But if the scope is too broad, it could prevent a defendant who has been unfairly convicted in a first proceeding beset by due process violations from having a new trial. An over-broad scope may also prevent the prosecutor from pursuing other charges and therefore deny victims an effective remedy. The issues that have proved to be the most controversial among international bodies regarding the right not to be subject to double jeopardy have been whether the right only applies to the same offence or also to the same conduct; whether it is limited to a single state’s jurisdiction; the requirement of a ‘final’ verdict; and the definition of the exceptions to the right.