bluuebunny/crossref_metadata_2025_split huggingface dataset:
Terrorism
Authors: Perera Amrith Rohan 
Published: July 2019

Abstract
A consensus still eludes the negotiation process of the Draft Comprehensive Convention on International Terrorism. Given this backdrop, this article traces the history and evolution of the UN treaty-making practice on terrorism, and examines the attempts to define and address the phenomenon of terrorism through international Conventions, which provide for the establishment of the core legal regime of “extradite or prosecute.” It explores the challenges encountered in the negotiation processes, including “definitional issues,” which consider issues such as the “political offences exception”; whether carve-outs should be made for military forces of States/national liberation movements; and the notions of “individual criminal responsibility” and “state responsibility,” the latter particularly in the context of acts of nuclear terrorism. The article follows the evolution of negotiations on these considerations, which later moves to discuss the issue not in the context of a generic definition of the term “terrorism,” but in the delineation of the precise scope of application of the Convention, by “carving out” the other applicable legal regimes. The article concludes that the Draft Comprehensive Convention on International Terrorism is a carefully nuanced and delicately balanced package fraught with both legal and political complexities, and strategic concerns for groups of States, and underlines the need for a compromise approach and political accommodation.
The Peaceful Uses of Outer Space
Authors: Masson-Zwaan Tanja , Cassar Roberto 
Published: July 2019

Abstract
The creation of space law is rooted in the aftermath of the Cold War. The two world powers of the time—the United States and the USSR—joined forces in the UNCOPUOS (UN Committee on the Peaceful Uses of Outer Space) to introduce law to outer space and ensure that the use and exploration of this domain was conducted for peaceful purposes. Against this backdrop, the negotiations underlying the drafting of the Magna Carta of outer space—the Outer Space Treaty—demonstrate how these two world powers set aside various political differences in order to reach a legal compromise for the benefit of the world as a whole. Today, half a century after this milestone, the landscape of the use and exploration of outer space has changed dramatically, particularly in terms of the technology involved. As a result, the question is whether international space law and UNCOPUOS are still able to provide a relevant framework within which the peaceful use and exploration of outer space can progress.
The ILO’s Standard-Setting
Authors: Politakis George P. 
Published: July 2019

Abstract
Established 100 years ago as a normative institution to promote social justice, the International Labour Organization (ILO) fulfills its mission principally through the adoption of international labor standards. To date, those standards have taken the form of 189 international labor Conventions, six Protocols, and 205 international labor Recommendations. ILO standard-setting follows special techniques and practices, mainly because of the Organization’s unique tripartite structure, that have given shape to specificities such as the inadmissibility of reservations, the frequent recourse to built-in flexibility, and the limited possibility for denunciation. The interpretation of international labor Conventions is, pursuant to a specific constitutional provision, entrusted to the International Court of Justice, while the application of international labor standards is monitored by an elaborate supervisory system that combines standing bodies responsible for the regular examination of reports and special adversarial procedures activated by different complaint mechanisms. Today, the abrogation of outdated instruments and the consolidation of up-to-date standards into framework Conventions are among the key challenges for enhancing the relevance and impact of standards. Standard-setting has distinctively marked the Organization’s 100-year-long history and has in many respects broken new ground in the field of international treaty law.
Drugs and Crime
Authors: Jelsma Martin , Bewley-Taylor David 
Published: July 2019

Abstract
This chapter discusses the relatively little-known convention framework focusing on the traditionally connected issues of drugs and crime and the differing consequences of treaty flexibility within each domain. It begins with an overview of the evolution and expansion in scope of the international drug control regime and its structural focus on narcotic drugs, psychotropic substances, and illicit traffic in both. A range of growing tensions are discussed as views of the issue area among member states diverge and systemic dissonance across the UN becomes more obvious, particularly in relation to human rights. The chapter then moves on to examine the development of the transnational organized crime and corruption regime and assessment of the conventions upon which it is based. It concludes by looking to the future with a discussion of some of the available options to address tensions within the drug control regime, including what lessons might be learned from the governance structures of their sister crime control conventions.
The Human Rights Treaty Body System
Authors: Connors Jane 
Published: July 2019

Abstract
This chapter provides an overview of the human rights treaty bodies, including their composition, and the tools they have to encourage states parties to implement their treaty obligations fully. It also traces the development of their working methods relating to reporting, petitions and inquiries, and interface with stakeholders, such as civil society and UN entities. The discussion includes analysis of the composition of the treaty bodies that do this work, their competence to oversee core treaties, and the ways treaty bodies strengthen the human rights treaty body system. Finally, the chapter also touches on the many initiatives that have been launched to strengthen the treaty bodies and create an aligned human rights treaty body system.
The Covenants
Authors: Ramcharan Bertrand G. 
Published: July 2019

Abstract
The adoption of the International Covenants on Civil and Political Rights and Economic and Social Rights in 1966 heralded a new international order grounded in human dignity and freedom. They have contributed to the emergence of a common universal language of human rights and offered a protection shield to millions of people worldwide. However, ideals of the UN Charter, of the 1948 Universal Declaration of Human Rights and of the Covenants are widely flouted. In calling for a modernized approach to human rights protection, this chapter calls for moving beyond a formal, diplomatic ritualism. The concrete application of the Covenants requires that states adhere to their reporting obligations under the treaties, that the treaty body mechanisms pay more attention in the future to urgent, preventive measures to the poorest and most vulnerable sections of population and that national human rights mechanisms be created in each state with the capacity to effectively promote and protect human rights. In doing so, greater attention must be placed on economic, social, and cultural rights.
United Nations Treaty-Making
Authors: Goodwin-Gill Guy S. 
Published: July 2019

Abstract
Refugees, stateless persons, and those without protection were among the first international problems faced by the League of Nations, almost from the moment of its creation. Building on the practice of the League’s High Commissioner for Refugees, Fridtjof Nansen, in securing agreement on issues such as identity and travel documents for those without or denied the nationality or protection of their country of origin, the United Nations took steps from its opening session onward to ensure protection and facilitate solutions. It established its own organizations and promoted a series of treaties on refugees, stateless persons, and statelessness, which to this day remains the basic international legal framework. States, in turn, have recognized that refugees (and now migration) are an international issue, and that no state should be expected to shoulder alone the responsibilities of admission, protection, and solutions. The Office of the United Nations High Commissioner for Refugees (UNHCR), a subsidiary organ of the General Assembly, is mandated to provide international protection, to assist governments in finding solutions, to promote treaties and agreements, and to supervise their application. UNHCR’s direct engagement with states and its worldwide operational activities contribute significantly to the consolidation of protection principles, such as non-refoulement and asylum, to the expansion of humanitarian relief for the displaced, and to the progressive development of customary international law. Recent displacement crises, protracted refugee situations, greater mobility, and a highly globalized and securitized environment will bring fresh challenges to an international protection regime with nearly one hundred years of law and organization behind it.
International Criminal Law and UN Treaties
Authors: Zappalà Salvatore 
Published: July 2019

Abstract
The United Nations has been very closely linked to the development of international criminal law (ICL), including in the area of multilateral treaty-making. The UN General Assembly has been the forum for negotiations or preparation of most ICL treaties: from the Genocide Convention to the International Criminal Court Statute, and many other UN bodies (from the Secretariat to the Security Council, as well as the Economic and Social Council and the entire human rights machinery) have significantly contributed to the establishment and evolution of ICL. Moreover, the values protected through ICL enhance and reinforce some of the basic tenets of the UN Charter, including the prohibition of the use of armed force (reflected in the criminalization of aggression), as well as the protection and promotion of human rights (linked to the notion of crimes against humanity and war crimes). This chapter illustrates the historical developments of ICL and emphasizes the pivotal role of the UN in the implementation and further improvement of ICL.
Privileges and Immunities of the United Nations and Specialized Agencies
Authors: Aziz Davinia , See Alison 
Published: July 2019

Abstract
This chapter considers the United Nations’ contribution to the law on privileges and immunities of international organizations through its earliest forays into multilateral treaty-making. The chapter focuses on the origins of the 1946 Convention on the Privileges and Immunities of the United Nations and the 1947 Convention on the Privileges and Immunities of the Specialized Agencies; their conceptual innovations, including the key shift from diplomatic to functional immunity; and the driving considerations underlying their treaty design. The chapter also explores the key features of the treaty-making process of both Conventions, the key substantive and structural aspects of both Conventions, and how the Conventions have been applied in practice, including through implementing decisions, and national and institutional positions, as well as headquarters and other bilateral agreements. The chapter concludes by assessing the Conventions’ legacy for multilateral treaty-making, and for the broader law of international organizations.
Responsibility of States and International Organizations
Authors: Bodeau-Livinec Pierre 
Published: July 2019

Abstract
Quite paradoxically given the importance of the topic in the system of international law, issues pertaining to responsibility of states and international organizations are not dealt with in treaties of universal character or “United Nations” treaties. So far, the General Assembly has merely taken note of the Articles on State Responsibility and the Articles on the Responsibility of International Organizations—respectively adopted by the International Law Commission (ILC) in 2001 and 2011—and refrained from taking any decision as to the final status of these texts. Three options are available: keeping the formal status quo, adopting the Articles as a General Assembly declaration, or using the text as a basis for a United Nations Convention on Responsibility. While the latter option would bring the Articles on state responsibility outside the realm of soft law, it could also have a “decodifying effect,” insofar that it could threaten the balance carefully designed by the ILC. Even though the 2001 Articles will most likely retain their current status, drafting a treaty on state responsibility could however prove useful.
The Participation of Nonstate Actors in the Multilateral Treaty Process
Authors: Webb Philippa 
Published: July 2019

Abstract
This chapter analyzes the participation of nonstate actors (NSAs) in contemporary UN treaty-making. It uses the Lasswell-McDougal-Reisman “seven decision functions” to understand the role played by NSAs at the various stages of treaty creation, negotiation, and implementation. It sets out four ways in which NSAs may participate in treaty-making: being at the table, on the sidelines, behind the scenes, and on the outside. The UN has established practices for accreditation and participation that have facilitated the increasing contribution of NSAs. Several key challenges remain, from risks to legitimacy to controversy over the involvement of industry and business interests.
Japan
Authors: Weitzdörfer Julius , Lu Reimers Lucy 
Published: July 2019

Abstract
This chapter provides the only up-to-date overview of Japanese environmental law available in English. Starting with a systematic overview of the allocation of powers with respect to Japanese environmental law, it takes into account the constitutional basis of environmental protection, the Environmental Basic Law, the Environmental Basic Plans for environmental conservation, and the environmental planning frameworks set for prefectures and municipalities. The analysis then turns to the substance of environmental law as it applies to nature conservation, air quality, noise protection, waste management, water quality, hazardous substances, environmental impact assessment, and climate change. The chapter also considers the implementation framework for environmental law, including civil liability in tort, civil injunctive remedies, administrative trials and pre-trial review, state liability, and environmental alternative dispute resolution (mediation, conciliation, formal arbitration, and informal arbitration). Finally, it discusses the issues surrounding the inclusion of nuclear energy law in the corpus of Japanese environmental law.
Mexico
Authors: Anglés Hernández Marisol , Rovalo Otero Montserrat 
Published: July 2019

Abstract
This chapter examines the environmental law system of Mexico. It first provides an overview of the allocation of powers with respect to environmental protection in Mexico, and more specifically in relation to sustainable development, the constitutional basis of the protection of human rights, the human right to a healthy environment, the human right to water and sanitation, and collective rights and access to natural resources. The discussion then turns to the structure and substance of environmental law as it applies to air pollution and climate change, water use and preservation, biological diversity, and waste management. The chapter concludes with an analysis of the implementation framework for Mexican environmental law, taking into account the right of access to environmental information, access to environmental participation, and access to environmental justice.
Singapore
Authors: Lin-Heng Lye 
Published: July 2019

AbstractThis chapter examines the environmental law system of Singapore, with particular emphasis on the role of an effective environmental management system (EMS) in the city-state’s successful management of the environment. The EMS of Singapore consists of an administrative framework, comprehensive land use planning, and the implementation and enforcement of effective pollution control laws. Before analysing the central features of the EMS, the chapter provides an overview of Singapore’s legal system and sources of law. It then considers the structure and substance of environmental law as it applies to pollution control (air pollution, pollution from stationary sources/industries, pollution from vehicles, emissions from other sources), water pollution and water management, waste management, contaminated sites, noise, nature conservation, and climate change. The discussion concludes with an assessment of the administrative framework for environmental management, focusing on the role of government agencies and strategies for land use planning, including judicious siting of industries.
South Korea
Authors: Cho Hong Sik , Choi Gina J. 
Published: July 2019

AbstractThis chapter examines the overall structure of environmental law in South Korea and its impact on energy policy as the climate change regime. It first provides an overview of the allocation of powers with regards to Korean environmental policy, along with the constitutional right to a healthy and pleasant environment and an obligation resting on both the government and citizens to protect the environment. It then considers the structure and substance of environmental law, with emphasis on its overall principles and relevant environmental statutes as well as medium-specific regulations as they apply to air preservation and climate change, water preservation, soil environment preservation, chemicals management, recycling and waste management, and wildlife and national resources preservation. The discussion concludes with an analysis of the administrative, criminal, and private enforcement of Korean environmental law.
United Kingdom
Authors: Bell Stuart 
Published: July 2019

Abstract
This chapter examines the overall structure and substance of environmental law in the United Kingdom (UK). There are three main sections—the first considers the allocation of power for environmental regulation in the UK by analysing three competing forces that have helped to shape the ‘infrastructure’ of environmental law in the United Kingdom. The second section provides an outline of the structure and substance of the core areas of environmental regulation in the United Kingdom. The aim here is to summarize the techniques employed in the UK to regulate environmental quality, land use, waste management, nature conservation, and industrial pollution control. The final section addresses implementation; focusing on the role of central government, local government, specialist agencies, and courts and tribunals.
Nature Conservation
Authors: García-Ureta Agustín 
Published: July 2019

Abstract
This chapter discusses the international legal regime on nature conservation. It first provides a brief overview of the evolution of national and international instruments to protect wildlife before exploring the concept of biodiversity and the dimensions of its intrinsic value. It then considers the relationship between protected areas and wildlife species, with particular emphasis on the designation of certain areas based on the wonders they sheltered and later based on the need to conserve wildlife. It also describes the legal definition and criteria for designation of an area for purposes of nature conservation, the importance of the size of protected areas in wildlife protection, and the link between wildlife and environmental connectivity. Finally, it analyses a range of specific measures designed to protect wild species, including wandering and alien species, trade in species, and the debate surrounding property rights and market mechanisms as they apply to wildlife protection.
Regulation of Marine Capture Fisheries
Authors: Markus Till 
Published: July 2019

Abstract
This chapter focuses on laws that regulate marine capture fisheries. It first provides a brief overview of the current state of world fisheries resources before introducing a systematic and flexible analytical framework for assessing and comparing the regulation of marine capture fisheries. In particular, it considers key regulatory instruments that address the problem of overfishing, along with criteria for designing and narrowing down possible scopes of comparisons. Based on this approach, the chapter compares the fisheries laws of Japan, New Zealand, and the European Union, with emphasis on scope, competence order, and central legislative acts as well as the regulation of the management process. It also explores laws and policies that affect the functioning and effectiveness of fisheries rules before concluding with a discussion of commonalities and differences, system specificities, and specific shortcomings.
Genetically Modified Organisms
Authors: Saab Anne 
Published: July 2019

Abstract
This chapter examines comparative approaches to risk assessment and regulation of genetically modified organisms (GMOs). It first provides a brief background on the emergence, increased use, and controversy surrounding GMOs as well as the important legal questions and complexities they raise before discussing the legal approaches used to assess and regulate risks associated with GM foods, labelling of GM foods, and the application of intellectual property rights (IPRs) to GMOs. In particular, it considers risk assessment in the United States and in the European Union, focusing on the precautionary approach versus the permissive approach. It also compares process regulation and product regulation for regulating the risks posed by GMOs in the United States and the European Union, along with risk assessment and regulation in Brazil, China, and Costa Rica. Finally, it analyses the legal framework for IPRs as they apply to GMOs and comparative approaches to patenting GMOs.
Contaminated Sites
Authors: Lees Emma 
Published: July 2019

Abstract
This chapter examines models of regulation for historical pollution of sites. It begins with an overview of the various challenges involved in a comparative study of the rules regarding the clean-up of contaminated sites, in part due to the existence of a huge variety of global approaches to the question of contamination as well as the patchwork and complex response. This chapter addresses these challenges by analysing not only the technical and design-based points of comparison, but also the normative premises upon which such design decisions are based. It considers various elements of regulatory ‘models’ for contaminated sites, emphasizing the importance of having a unified aim which underpins every regulatory regime. It also outlines three parameters that need to be assessed to get a sense of the different models for legal responses to polluted sites: the definition of harm/pollution/contamination, liability, and models and goal of remediation.
Distribution of Powers
Authors: Reese Moritz 
Published: July 2019

Abstract
This chapter discusses the distribution of powers in environmental policy, with emphasis on vertical—rather than horizontal—division of powers. The goal is to identify prominent model approaches and important differences in power distribution, as well as the pros and cons, and to derive lessons for future governance reforms. The chapter begins with an analysis of the distribution of powers in multilevel environmental governance, taking into account the distinction between federal and unitary systems; the role of administrative regulation and of executive competences; fiscal, taxing, and spending competences; and the role of local community governments and self-governing bodies. The most relevant normative concepts of vertical power distribution are then examined, with a particular focus on how centralization or decentralization of government powers is motivated or could be motivated. The chapter concludes with an assessment of the ‘telic’ approach of cooperative steering for functional distribution of powers.