bluuebunny/crossref_metadata_2025_split huggingface dataset:
International Law, Regional Developments: South and South-East Asia
Authors: Desierto Diane A 
Published: September 2024

Abstract
Small and large monarchies comprised ancient (antiquity to AD 711) and medieval (AD 711 to AD 1600) India. Different tiers of statehood, sovereignty, kinship, and hierarchies of suzerain-vassal relations characterized ancient and medieval India. From the least powerful Raja (king), the Maharaja (great king), Samrat (strong emperor), to the Chakravartin (emperor who ruled the entire known Indian subcontinent), ancient and medieval Indian States recognized interState norms on statehood, diplomatic relations, treaties, religious tolerance, non-use of force, neutrality, and humanitarian law. Depending on the nature of the treaty and the security of its performance, analogous to the concept of ‘unequal treaties’ → Treaties, Unequal), Indian kingdoms recognized the binding character of treaties.
Islamic Approach to International Law
Authors: Mahmoudi Said 
Published: September 2024

Abstract
The relationship between Islam and international law has long been studied, primarily in the field of the law of war and international humanitarian law (→ Humanitarian Law, International). Particularly in the past two decades, this relationship has been expanded to some other international law areas including → human rights and international → terrorism. The main reason for this increased attention to the relevance of Islam for international law is States’ and non-State actors’ repeated references to Islamic legal rules for explaining or justifying a certain position in their relations with other international law actors. The relevance of Islam to international law should be assessed with due regard to substantive legal principles and rules that Islam contains.
Latin American Integration Association (ALADI)
Authors: Montt Santiago 
Published: September 2024

Abstract
Latin America’s political and economic integration has been a long sought-after and elusive goal for the region, dating back to its independence from Spain (see also → Economic Integration, Comparative Analysis). The Latin American Integration Association (‘Association’ ‘ALADI’ from the Spanish Asociación Latinoamericana de Integración) represents one of the multiple historical instances of regional integration agreements that have been attempted in Latin America (→ Regional Trade Agreement; → Regional Co-operation and Organization: American States).
Lomé/Cotonou Conventions
Authors: Arts Karin 
Published: September 2024

Abstract
The Lomé Conventions (1975–2000) and the ‘Cotonou Agreement’ (2000–2020) are the international legal instruments that set out the scope, content, form, and terms for international development cooperation between the European Community/Union (‘EC/EU’) and (at present 78) → developing countries in Africa, the Caribbean, and the Pacific, also referred to as the ACP States. As will be further explained below, the ACP States organized themselves in the ACP Group, which to date (February 2018) consists of 79 States. Cuba is the only State that is a member of the ACP Group but not a party to the Cotonou Agreement.
MERCOSUR
Authors: Peter Schmidt Jan 
Published: September 2024

Abstract
MERCOSUR was launched in 1991 when Argentina, Brazil, Paraguay, and Uruguay signed the Treaty of Asunción, aiming to create the Common Market of the South (in Spanish Mercado Común del Sur [‘MERCOSUR’], in Portuguese Mercado Comum do Sul [‘MERCOSUL’]). In 1994 MERCOSUR was institutionally restructured by the Protocol of Ouro Preto (‘POP’) and became a subject of international law (→ Subjects of International Law) (see also → International Law, Regional Developments: Latin America; → Regional Co-operation and Organization: American States).
Organization of Eastern Caribbean States (OECS)
Authors: O’Brien Derek 
Published: September 2024

Abstract
The Organization of Eastern Caribbean States (‘OECS’) is made up of nine full and associate members spread across the windward and leeward → islands of the eastern Caribbean: Anguilla, Antigua and Barbuda, British Virgin Islands, Dominica, → Grenada, Montserrat, St Kitts and Nevis, St Lucia, and St Vincent and the Grenadines. Anguilla, and the British Virgin Islands, which remain British overseas territories, have associate member status which means that they are not represented by the overseas missions of the OECS (→ Overseas Territories, Australia, France, Netherlands, New Zealand, United Kingdom, United States of America). These nine countries are not only among the smallest countries in the world, they are also the smallest countries within the → Commonwealth Caribbean. Their small size makes them inherently vulnerable to external pressures both from within the region and from the wider international system due to their limited human resource base and low economic capacity. An acute awareness of their vulnerability has provided these countries with a strong incentive to join together at the sub-regional level to increase their visibility and to strengthen their bargaining power vis-à-vis their more prosperous neighbours in the region and the wider → international community.
Organization of the Petroleum Exporting Countries (OPEC)
Authors: Moos Lisa 
Published: September 2024

Abstract
After World War II the United States, Britain, and the Netherlands effectively controlled all → Middle East crude oil production and its distribution throughout the world through their influence over the so-called Seven Sisters comprising Standard Oil of New Jersey (Esso, later replaced by Exxon); British Petroleum (BP, formerly Anglo–Persian Oil Company [APOI], which later became Anglo–Iranian Oil Company [AIOC]); Royal Dutch-Shell; Standard Oil of California (now Chevron); Texaco (now part of Chevron); Standard Oil Co of New York (later Mobile; merged with Exxon to form ExxonMobile); and Gulf Oil. Four of these companies (Exxon, BP, Shell, and Gulf) accounted for over 83 per cent of the world’s crude oil production. This was possible due to the fact that allocation of oil → concessions (→ Oil Concession Disputes, Arbitration on) to these European or US companies took place in the context of colonization (→ colonialism) when the host States still lacked → sovereignty as well as the technical knowledge for the oil production.
Pacific Islands Forum
Authors: Blatt Henning 
Published: September 2024

Abstract
The Forum originates from the struggle of the Pacific Island States to get more of a say in the organization and administration of their own political affairs. After World War II, all territories in the → Pacific Islands region were administered by their colonial powers, ie the United Kingdom, France, the Netherlands, the United States, Australia, and New Zealand. In 1947, they formed the South Pacific Commission (in 1997 renamed the → Pacific Community [PC]) to address the economic, social, and cultural affairs of their territories at a regional level. Later on, they gave the territories their own voice in the organization’s work, but it was kept as a strictly non-political institution, making it impossible for the Pacific Islanders to make themselves heard in political affairs. With the beginning of French nuclear testing in French Polynesia in 1966 and the unwillingness of the then South Pacific Commission to address their environmental damage, tensions peaked. Following the independence of Fiji in October 1970, and on the eve of another series of French nuclear tests, some Pacific Island heads of government pressed to organize a regional gathering for formal discussions of their political affairs.
Regional Co-operation and Organization: Asian States
Authors: Choi Won-Mog , Baetens Freya 
Published: September 2024

Abstract
Asia is highly diverse in socio-political terms: it contains more than half of the world’s population, displaying a broad variety of ethnic and cultural backgrounds. Asian States are governed by diverging political systems and situated at significantly different levels of economic development. In order to address cross-boundary issues such as migration and pollution, there is a great necessity for → regional co-operation, but little has materialized on the ground thus far.
Saavedra Lamas Treaty (1933)
Authors: Caminos Hugo 
Published: September 2024

Abstract
The Anti-war Treaty of Non-aggression and Conciliation (Tratado Antibélico de No Agresión y Conciliación, hereinafter, the ‘Anti-War Treaty’) also known as the Saavedra Lamas Treaty after its author Dr Carlos Saavedra Lamas (1878–1959), Minister of Foreign Affairs and Worship of Argentina, was signed on 10 October 1933 in RÍo de Janeiro and entered into force on 13 November 1935. Argentina, Brazil, Chile, Mexico, Paraguay, and Uruguay were the original signatories. The Anti-War Treaty was widely supported in the region and out of the 21 American republics constituting the inter-American system at the time, only Bolivia and Costa Rica did not become parties to it.
Singapore Oil Stocks Case
Authors: Paparinskis Martins 
Published: September 2024

Abstract
From 1907 to 1941 the Netherlands Indies Government granted oil → concessions in Sumatra to three Dutch companies. Between them, the companies held all oil concessions and two large oil refineries in Sumatra. By the end of 1941 the companies had established production in their oil reservoirs in the concession areas. At the outbreak of hostilities with Japan, the companies were producing crude oil in commercial quantities from reservoirs under concession contracts and were refining crude oil on a large scale in their refineries. In February 1942 Japan invaded and occupied the Netherlands Indies (→ Occupation, Belligerent). Despite damage done by the retreating Dutch forces, by December 1942 Japanese forces had restored the refineries, and throughout the period of occupation extracted the oil from existing reservoirs and processed it in the refineries.
South African Bantustan Policy
Authors: Dugard John 
Published: September 2024

Abstract
As part of the policy of → apartheid, the South African government conferred ‘independence’ on four entities—Transkei, Bophuthatswana, Venda, and Ciskei—between 1976 and 1981. These entities, known as Bantustans, were not recognized as States by any State other than South Africa and each other. In 1994 they were reincorporated into South Africa. In 1948 the National Party came to power in South Africa on the political platform of apartheid, a system of institutionalized white domination and racial discrimination (→ Racial and Religious Discrimination).
Southeast Asia Treaty Organization (SEATO)
Authors: Suarez Suzette V 
Published: September 2024

Abstract
The Southeast Asia Treaty Organization (‘SEATO’) was established under the Southeast Asia Collective Defence Treaty (‘Manila Pact’) on 8 September 1954. The Manila Pact entered into force on 19 February 1955. Of the parties to the Manila Pact, only two are from the Southeast Asian region: the Philippines and Thailand. The other parties are the United States, France, Australia, New Zealand, Pakistan, and the United Kingdom.
Treaties, Unequal
Authors: Peters Anne 
Published: September 2024

Abstract
The pejorative term ‘unequal treaties’ (or more polemical ones such as ‘coercive’, ‘predatory’, or ‘enslaving’ → treaties) refers primarily to the bilateral treaties concluded in the second half of the 19th and beginning of the 20th centuries mostly, but not exclusively, between European powers, the United States, and even Latin-American States on the one hand, and on the other hand, mainly Asian States (→ China, Japan, Siam, → Korea, and others), but also African ones (see for overviews Li; Kleinschmidt). The concept thus symbolizes the division between the Western and the Non-Western, the ‘civilized’ and the ‘uncivilized’ world which pervaded international legal thinking in that historical period.
United Nations Conference on Trade and Development (UNCTAD)
Authors: Fortin Carlos 
Published: September 2024

Abstract
The United Nations Conference on Trade and Development (‘UNCTAD’) is a subsidiary organ of the → United Nations, General Assembly (‘UNGA’) within the meaning of Art. 22 → United Nations Charter. It was established by UNGA Resolution 1995 (XIX) of 30 December 1964, following an intense political and diplomatic process that had begun in the early 1960s. Four kinds of factors converged in the drive that led to the creation of UNCTAD. In the economic field, the great dynamism of the golden age of the world economy from 1950 onwards, with both world output and world trade growing at unprecedented rates, was coupled with a deteriorating position of → developing countries in world trade.
Uti possidetis Doctrine
Authors: Nesi Giuseppe 
Published: September 2024

Abstract
The expression uti possidetis originates in Roman law, where it indicated an interdict by the praetor aimed at prohibiting any interference with the possession of immovable property acquired nec vi, nec clam, nec praecario (not by force, nor stealth, nor license). The purpose of uti possidetis was to temporarily assign a favourable position in the ownership action to the individual who possessed that property. In the context of the international law of war, uti possidetis initially (in the 17th century) described the situation on the ground after an armed conflict (see also → Armed Conflict, International).
World Food Council (WFC)
Authors: Mechlem Kerstin 
Published: September 2024

Abstract
The World Food Council (‘WFC’), which existed from 1975–96, was the highest intergovernmental body in the → United Nations (UN) system dealing exclusively with global food problems (see also → Food, Right to, International Protection). Its role was twofold: to develop food policy and to act as a co-ordinating mechanism.
Principles of International Criminal Evidence
Authors: McDermott Yvonne 
Published: September 2024

Abstract
This chapter argues that further development of the law and practice of proving international crimes should be underpinned by two key principles: rectitude of decision and the highest standards of fairness. Starting first with an analysis of the meaning of the idea of a ‘principle’ of international criminal evidence, it then examines each of these two overarching principles (which incorporate other sub-principles, such as upholding the integrity of proceedings) in turn. In analysing rectitude of decision it pushes back against post-structuralist theories, which deny that one objective truth exists, arguing instead that judges in international criminal trials are tasked with discovering the truth, albeit a narrow truth that is filtered through the lens of the crimes charged. In presenting the idea of the highest standards of fairness, it argues that the right to a fair trial is owed to the accused and that it should be interpreted in a manner consistent with key principles of fairness such as legal certainty, equality before the law, non-retroactivity, and impartiality.
The Admission and Exclusion of Evidence
Authors: McDermott Yvonne 
Published: September 2024

Abstract
This chapter outlines the processes for the admission of evidence before international criminal tribunals. It analyses the International Criminal Court’s recent turn towards an approach that favours the widespread ‘submission’ of evidence, deferring decisions on the admissibility of evidence until the deliberation of judgment phase. This chapter also examines the key admissibility considerations of relevance, probative value, and prejudice to the accused, and how they have been interpreted in practice. It concludes with an analysis of the jurisprudence on the exclusion of improperly obtained evidence and argues that international criminal tribunals could take a more rights-protective role in this regard.
Proof on Appeal
Authors: McDermott Yvonne 
Published: September 2024

Abstract
This chapter analyses issues of proving international crimes that arise at the appellate and review stages of proceedings. It argues that the standard of review for alleged errors of fact has evolved to what may now be called ‘tempered deference’. The tempered deference approach means that the Appeals Chamber respects the role of the Trial Chamber in making findings of fact and will not disturb a factual finding just because it would have reached a different conclusion. However, it also requires the Appeals Chamber to closely scrutinise the Trial Chamber’s evaluation of the evidence and whether it provided a fully reasoned opinion, particularly where the evidence is prima facie weak or inconsistent with other evidence on the record. This is a more rigorous and modern approach to the appellate function, in an era where recording technology and courtroom archival practices mean that the Appeals Chamber can often evaluate the evidence just as closely as the Trial Chamber that first received it. This chapter also discusses the sometimes murky distinction between errors of fact, law, and procedure, and the circumstances under which new evidence can be introduced on appeal. Overall, this chapter demonstrates that proving international crimes is by no means limited to the trial stage of proceedings and that appellate chambers have an important role in this regard. It also reveals a still-evolving body of case law in relation to key issues around evidence at the appeal and review proceedings.
Conclusion
Authors: McDermott Yvonne 
Published: September 2024

Abstract
This chapter presents the main findings of the book. They are, first, that international criminal evidence has not yet evolved into a coherent body of law, and second, that the principles of rectitude of decision and the highest standards of fairness should drive the development of a coherent framework for proving international crimes. While international criminal evidence, in its current form, is broadly fit for the purpose of proving international crimes, it could be greatly enhanced through the adoption of a coherent epistemic framework founded on these principles. This chapter also discusses the implications of the study: for the future development of international criminal evidence, for ensuring the quality of evidence on the record, and for strengthening the evaluation of evidence. Lastly, it suggests some directions for future research arising from this study and its implications.
How to Evaluate Political Institutions
Authors: Guerrero Alexander 
Published: September 2024

Abstract
This chapter addresses the question: how should we evaluate political institutions? The chapter sets out a functionalist conception of political institutions, according to which political institutions are tools that can help us address a wide range of morally significant problems. This functionalist picture recommends a political contextualist approach (as opposed to a political universalist approach), on which moral assessments of political systems can only be made relative to specific background contexts. The chapter also defends a morally constrained functionalist approach, on which there are moral considerations that limit how functional ends can permissibly be pursued. The chapter introduces a new dimension of political evaluation, that of political sensibility, which concerns the ability of a political system to respond to and to address genuine problems that exist in a particular political context. Finally, the chapter concludes by spotlighting several elements of modern political life that are common to many modern political contexts, as a way of helping to enable “apples-to-apples” comparisons of electoral and lottocratic systems.
Bad Press
Authors: Guerrero Alexander 
Published: September 2024

Abstract
This chapter considers the role of the press and other news media in an electoral democracy, focusing particularly on the way in which news media might address problems of ignorance in order to improve the mechanism of electoral accountability. The chapter suggests that this response, to turn to the news media, although a natural one, and an old one, runs into several deep problems. One problem, foregrounded by Walter Lippmann, concerns the way in which the news media we seek out and trust tend to be that which confirms our stereotypes and fits with our pre-existing views of the world. A second problem, discussed by Neil Postman, is that we tend to engage with the news predominantly to be entertained by it. This affects what news media we seek out and engage with, but it also affects the substance and form of the news media supplied by the for-profit marketplace. These together limit the extent to which news media serve to challenge and educate us as democratic citizens and potential voters. And these concerns make it so that the overwhelming function of news media is to entertain us, to keep us distracted, and to enable us to be variously misled and manipulated by the billionaires who control the for-profit corporate news media infrastructure. The chapter concludes on a note of pessimism about the possibilities for media reform, given the high cost of high-quality journalism, combined with the serious limitations of both for-profit and publicly funded news media.
Vicious Partisanship
Authors: Guerrero Alexander 
Published: September 2024

Abstract
This chapter presents a problem with electoral democracy that is more endogenous to elections: the problem of vicious partisanship. The partisanship is vicious in two respects: (1) what it does to us, epistemically; and (2) what it does to us, morally, particularly with respect to being able to live and work together in communities of respect and shared purpose. The basic argument is this. Elections like those in the United States lead to a dominant two-party political system (“Duverger’s Law”). This two-party division creates a clear ingroup/outgroup dynamic, which connects to deep-seated emotional and psychological responses (as discussed under the heading of “social identity theory”). The easy availability of these responses primes us to be manipulated to fear and hate those in the outgroup. This, in turn, affects who we trust, who we credit as testifiers, and what sources we seek out. We become epistemic partisans. This combination of emotional distortion and epistemic partisanship leads to social sorting and segregation in terms of neighborhood, workplace, friend groups, religion, cultural activities, and consumer behavior. This, in turn, intensifies the ingroup/outgroup dynamic, reinforcing the partisan distortion. We see the other side not just as people who disagree with us about politics, but as idiots, people who are morally vile, corrupted, misguided, and unredeemable. This is the situation that many political communities are now in—one in which working together to identify and solve the moral-political problems we face is almost impossible to imagine. And it starts with elections.
Modest Responses and Their Limitations
Authors: Guerrero Alexander 
Published: September 2024

Abstract
This chapter summarizes the concerns about electoral representative democracy identified in the previous chapters, sorts them into either constitutive or conditional problems of electoral democracy, and presents (and raises concerns about) several possible reforms that retain elections as a central component of the political system. The chapter argues that although these comparatively modest responses might result in some improvements, they do not effectively address the core concerns, and so we should be open to more radical reforms. The reforms discussed include introducing epistocratic or technocratic elements such as plural voting or “modelled” democracy, implementing broad public education and media reform, reducing the size of political communities, regulating campaign finance and providing public financing of electoral campaigns, restricting lobbying and revolving door politics, regulating political speech, reducing background socioeconomic inequality, and implementing approval voting or single-transferable vote systems. Although many of these reforms are worth pursuing, and many would make a positive difference, the chapter also argues that we should not put all of our eggs in these baskets, and that we should develop alternative ideas in case we end up doubting the viability of the basic electoral mechanism in the modern political context.