bluuebunny/crossref_metadata_2025_split huggingface dataset:
Facilities for Departure
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers Article 44 of the Vienna Convention on Diplomatic Relations which elaborates on the facilities for departure. The Article states that the receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the families of such persons irrespective of their nationality, to leave at the earliest possible moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselves and their property. In the case of armed conflict, the right to safe departure assumes great importance. Envoys then became hostages in the receiving State, but the interest of each State in securing the return of its own diplomats was enough to guarantee its observance of the duty to permit the safe departure of enemy diplomats from its own territory.
Breach of Relations and Protection of Interests
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Articles 45 and 46 of the Vienna Convention on Diplomatic Relations. According to the Article 45 which deals with the breach of relations between States, if diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled: (a) the receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives; (b) the sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State; (c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State. On the other hand, Article 46 which deals with the State’s protection of interests, states that with the prior consent of a receiving State, and at the request of a third State not represented in the receiving State, a sending State may undertake the temporary protection of the interests of the third State and of its nationals.
A Global Regime for Investment
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
This chapter begins with an introduction to investment treaties, often referred to as international investment agreements (IIAs), and the building of a global regime for investment since the end of World War II through the negotiation of such treaties. It sets out the definition and types of IIAs. It then discusses the significance of investment treaties; the application of regime theory to investment treaties; regime challenges and prospects; and factors that will foster the stability and continued growth of the investment regime. The chapter also describes the aim and scope of the book and gives a brief summary of the contents of following chapters.
The Nature and Significance of International Investment
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
This chapter explains the nature and significance of international investments and investors, and the fact that investment is fundamental to economic growth and to the provision of needed goods and services in any society. Topics covered include the meaning of investment; forms of investment; the nature of investors; the role of return and risk; the nature of international investment; forms of international investment; the nature and goals of international investors; and state interests in international investment. The chapter concludes by stating that government officials, corporate executives, and lawyers must approach investments not just within the framework of narrow investor interests but within the broader framework of international economic cooperation.
A History of International Investment Treaties
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
Since the inception of international investment, foreign investors have sought assurances from the sovereigns in whose territory they invest that their interests will be protected from negative actions by the sovereign and local individuals. This chapter begins with a historical background of the treatification process, which came about due to the perceived weaknesses of customary international law applying to foreign investments. It then discusses the objectives of the movement to negotiate investment treaties; the primary and secondary objectives of investment treaties; long-term goals of investment treaties; the treaty negotiation process; and the consequences of investment treaties, including the growth in investor–state arbitration cases to settle investment disputes.
The General Structure of Investment Treaties
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
This chapter discusses the basic structure of most modern investment treaties, which encompasses ten topics: treaty title and statement of purpose; definitions and scope of application; conditions for the entry of foreign investment and investors; general standards of treatment of foreign investments and investors; monetary transfers; expropriation and dispossession; operational and other conditions; losses from armed conflict or internal disorder; treaty exceptions, modifications, and terminations; and dispute settlement. Despite divergence among individual treaties, as a group they demonstrate many commonalities, including their coverage of similar issues and their use of equivalent or comparable legal concepts and vocabulary. It is these commonalities, despite individual differences, that are contributing to the creation of a global regime for international investment.
The Interpretation of Investment Treaties
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
This chapter addresses issues that arise in the interpretation of investment treaties and provides guidance on treaty interpretation. The interpretation of a treaty must take into account the ‘context’ of the treaty terms and the treaty’s object and purpose. It must also take into account subsequent agreement between the parties regarding the interpretation of the treaty as well as any subsequent practice in the application of the treaty. The chapter discusses the basic rules of interpretation found in Articles 31, 32, and 33 of the Vienna Convention on the Law of Treaties (VCLT) and considers the sources and languages of treaty texts, as well as the use of arbitrations and judicial decisions and scholarly commentary in the interpretation process.
Scope of Application of Investment Treaties
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
This chapter first discusses the significance of a treaty’s scope of application, which has at least two important legal ramifications. First, a contracting state owes obligations under the treaty only to investors and investments that fall within the treaty’s scope of application or treaty definitions. Second, the treaty’s definitions and scope of application affect the jurisdiction of any international arbitral tribunal adjudicating a dispute brought under its provisions. The chapter then goes on to explain the meaning of the terms ‘investments’ and ‘investors’ as covered by investment treaties and gives an overview of the various types of formulation used to define those terms.
Other Treatment Standards
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
In addition to the usual treaty standards, individual investment treaties may impose other obligations on host states with respect to their treatment of investments and investors. Although these obligations were rarely the subject of arbitration or litigation in the early years of the bilateral investment treaty (BIT) movement, investors have increasingly alleged their violation in investor–state arbitral proceedings. This chapter discusses these treatment standards, including treatment with respect to performance requirements; the entry and residence of foreign nationals and managerial personnel; compensation for losses due to war, revolution, and civil disturbance; transparency and regulatory due process; and the subrogation obligation.
Investment Treaty Exceptions, Modifications, and Terminations
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
This chapter considers the investment treaty devices of exceptions, modifications, and terminations. A state can encounter tensions between its perceived national interests and its requested or ratified treaty obligations in the negotiation and implementation of treaties. It has three basic devices to mediate these tensions. The first, which is employed as part of the negotiating process, is to create specific exceptions in the treaty to assure a host state sufficient latitude of action for the future. The other two, which are invoked after the investment treaty enters into effect, are for a state to modify the treaty provisions by agreement with other contracting parties or to terminate participation in the treaty and thus end its international investment obligations.
Investment Treaty Dispute Settlement
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
This chapter first considers the nature of conflicts between investors and states. Three of the most common measures that may lead to a dispute are government actions that cancel or change the contractual or licence rights of an investment; seize or cancel property rights owned by an investor; or change legislation or regulations. The chapter then examines the various means provided by treaties to resolve such conflicts. Most investment treaties provide four separate dispute settlement methods: consultations and negotiations between contracting states; arbitration between contracting states; consultations and negotiations between covered investors and host governments; and investor–state arbitration. Finally, criticisms of investor–state arbitration are considered, regarding the integrity of arbitrators, treatment exceptions, arbitral procedure, transparency of proceedings, and submissions by non-disputing parties. The chapter concludes that the dispute settlement process seems to be in a state of flux and is open to various options for reform.
The Consequences of Treaty Violations
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
This chapter examines the consequences of treaty violations for states and the remedies available to an investment when a host state fails to provide the treatment it has promised. It first considers the fact that most investment treaties do not specifically state the consequences of a state’s breach of treaty provisions. However, on issues not specifically covered by treaty, all investment treaties authorize tribunals to apply customary international law in making decisions, including determining compensation for investments affected by the breach of treaty provisions. The chapter then discusses the application of customary international law on state responsibility and investment treaty remedies in general, citing the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Vienna Convention on the Law of Treaties in particular. Finally there is a discussion of valuation techniques used to determine the amount of damages.due to injured investors.
Freedom of Religion or Belief
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of religion or belief is a key human right: the International Covenant on Civil and Political Rights, numerous conventions, declarations, and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues, and cultural rights) and Treaty Bodies (for example the Human Rights Committee, Committee on the Elimination of Racial Discrimination, and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. This Commentary looks at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur’s framework for communications, the Commentary analyses, for example, the limitations on the wearing of religious symbols and the situations of women, detainees, refugees, children, minorities, and migrants, through a combination of scholarly expertise and practical experience.
Overview of International Human Rights Mechanisms
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter provides an overview of international human rights mechanisms, which deal inter alia with issues related to freedom of religion or belief, notably the Charter-based Bodies and Treaty-based Bodies. Thus there are pertinent links to freedom of religion or belief in the mandates of the General Assembly, Economic and Social Council, Commission on Human Rights, its Sub-Commission, Special Procedures, Human Rights Council, Universal Periodic Review, Treaty Bodies, High Commissioner for Human Rights, and the Office on Genocide Prevention and the Responsibility to Protect. In addition to these United Nations human rights mechanisms, also regional organizations have created their own regional human rights bodies, which inter alia deal with freedom of religion or belief. However, the standards and objectives of the regional human rights bodies in Europe, the Americas, Africa, South East Asia, and the Organization of Islamic Cooperation sometimes differ markedly from the universal human rights instruments and mechanisms.
The Right to Manifest One’s Religion or Belief
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter emphasizes that the outer manifestations of freedom of religion or belief (forum externum) are not in any sense less important than the inner nucleus of a person’s religious or belief-related conviction (forum internum), even though only the latter is protected unconditionally under international human rights law. This chapter also discusses the largely overlapping elements of the right to manifest one’s religion or belief ‘in worship, observance, practice and teaching’. Furthermore, it analyses the implications of the religion-related reservations, declarations, and objections made by a number of States when signing, ratifying, or acceding to the International Covenant on Civil and Political Rights.
Places of Worship
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter discusses various human rights violations that arise in the context of constructing, owning, accessing, using, protecting, and preserving places of worship or other religious sites. When members of religious communities wish to construct and own places of worship they often face restrictions that are imposed by the State or competing claims by other religious communities. In this context, the conversion of places of worship as well as their confiscation and unfair restitution provisions may lead to further problems for religious communities. Furthermore, access to religious sites and their use is often unduly restricted by the State, impeded in practice by non-State actors, or hampered by religious precepts which discriminate against some people within the same religious or belief community. The chapter also discusses issues of interpretation, including the relationship between international human rights law and international humanitarian law in the context of religious sites, the obligations of various duty-bearers, and sacred sites of indigenous peoples.
Religious Symbols
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter presents issues concerning the right to wear or display religious symbols. As highlighted by the Special Rapporteur’s mandate practice, the main challenge in implementing such a right consists of protecting both the right of a person to voluntarily wear religious symbols as well as the right of a person not to be forced by States or non-State actors to wear such religious symbols. The circumstances of each situation must be considered on a case-by-case basis, taking into account all human rights aspects that may be at stake. This chapter discusses the mandate practice on the issue of wearing religious symbols by employees, police officers, university students, and pupils at public schools, teachers, and university lecturers, as well as the imposition of dress codes by States or non-State actors. The jurisprudence and reports by Treaty Bodies and Special Procedures have provided useful guidance on the regulation of religious symbols.
Observance of Holidays and Days of Rest
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter discusses some relevant issues concerning the observance of holidays and days of rest in a State. Many of the annual public holidays at the domestic level as well as the week days of rest (Fridays, Saturdays, and Sundays) are set in line with a country’s religious celebrations. By designating the weekly day of rest and public holidays for all individuals within its territory, the State inevitably favours the traditions of some religions or beliefs, often to the disadvantage of minority communities, especially for those that are not recognized by the State. Since societies have become increasingly multi-religious, the designation of holidays and days of rest leads to serious problems for individual believers in the context of employment, education, and administration of justice. Moreover, there have been discussions about a right not to celebrate holidays and with regard to promoting ‘reasonable accommodation’ for members of religious or belief minorities.
Teaching and Disseminating Materials (Including Missionary Activity)
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter reviews the international standards providing for teaching and disseminating religious materials as well as concerning missionary activity. Articles 18 of the UDHR and ICCPR explicitly refer to the freedom to manifest one’s religion or belief in ‘teaching’, which is complemented in the subsequent article about the freedom to seek, receive, and impart information and ideas through any media and regardless of frontiers. In addition, article 6 of the 1981 Declaration specifically guarantees freedom to write, issue, and disseminate relevant publications in these areas; to teach a religion or belief in places suitable for these purposes; and to establish and maintain communications with individuals and communities in matters of religion or belief at the national and international levels. While it is prohibited to use or threaten physical force or to coerce individuals in other ways, missionary activities should not be curtailed through vague concepts, such as ‘inducement’, ‘allurement’, or ‘unethical conversion’, which still exist in several national criminal law provisions against ‘proselytism’.
Establish and Maintain Charitable or Humanitarian Institutions/Solicit and Receive Funding
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter discusses issues concerning the right of religious communities to establish and receive funding for a humanitarian institution. For many believers, humanitarian support belongs to the very core of their convictions. This humanitarian commitment within a religion or belief includes the possibility to establish and maintain charitable and humanitarian organizations. Thus, hindering religious communities from running charitable institutions, or creating unnecessary obstacles in this regard, may seriously violate freedom of religion or belief. In addition, depriving funds needed for establishing and maintaining charitable work may also be considered as an issue under freedom of religion or belief. In this context, however, the various Special Procedures mandate-holders have not given a carte blanche to all sorts of financial and other contributions, notably by stressing that the right to receive funding could be limited in order to prevent its misuse for militant means and violence.
Migrant Workers
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter discusses issues concerning migrant workers’ right to freedom of religion. The right to freedom of religion or belief of migrant workers is often even more violated than that of religious minorities, since being outside the State of nationality in practice weakens equal access to human rights. These violations include abuses of their right to life, arbitrary detention and various forms of discrimination in the labour market, housing, and in relation to education, and citizenship. International human rights law, however, guarantees migrant workers and members of their families enjoyment of the full scope of freedom of religion or belief, including its manifestation in public and in community with others, in worship, observance, practice, and teaching.
Right to Life, Right to Liberty
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
The dominant concerns of this chapter relate to two aspects of the relationship between ‘religion’ and the ‘right to life’. One is the need to ensure that nobody is denied the right to life on grounds of their religion or belief (this being directly related to freedom of religion or belief), and the other is that nobody should be denied the right to life in the name of religion or belief. At the same time, the chapter also considers the broader horizon of multifaceted issues that are often considered relevant to life and religion. Issues such as religious values relating to the importance of life, and religious positions on abortion and on the death penalty are discussed in order to illustrate that, although not per se falling within freedom of religion or belief, they can be rendered relevant for the practice of freedom of religion or belief, depending on religious or moral convictions which people lay claim to.
Limitations
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter discusses issues concerning the limitation of freedom of religion or belief, including related issues of interpretation. First, religious manifestation is different from holding, adopting, or changing religion or belief in that the latter is not subject to any limitation whatsoever. Second, national security is mentioned as a limitations ground in articles 12 (liberty of movement), 13 (expulsion), 14 (fair trial), 19 (freedom of expression), 21 (peaceful assembly), and 22 (freedom of association), but not in article 18 of the ICCPR. Third, traditions and limitations intersect in two ways; a single tradition cannot determine limitation on the grounds of morals, and limitations should not target a single tradition. Lastly, the exercise of assessing ‘necessity’ and ‘proportionality’ should not sideline the importance of upholding the protection of the relevant human rights. International procedures should only limit freedom of religion or belief in accordance with a strict understanding of the rights and limitation regime concerned, and with detailed justification of the rationale for their decision making in the compromise that is proposed.