bluuebunny/crossref_metadata_2025_split huggingface dataset:
Sources of International Environmental Law
Authors: Brunnée Jutta 
Published: January 2018

Abstract
This chapter begins by outlining an alternate, ‘interactional’, understanding of the concept of ‘sources of law’, which it takes to refer to processes that are shaped by requirements of legality and through which legal norms are made and remade. This approach does not entail that the law-making methods listed in Article 38 of the International Court of Justice (ICJ) Statute have ceased to matter in international environmental law (IEL)—far from it. The interactional law framework takes seriously what international actors do. The chapter, therefore, explores the law-making processes listed in Article 38 in turn, and then moves on to consider newer processes. The interactional framework and its practice-based understanding of legality illuminate the existence of resilient and relatively stable law-making processes as well as the emergence of new law-making processes.
Sources of International Organizations’ Law
Authors: Klabbers Jan 
Published: January 2018

Abstract
This chapter reflects on the uncertainties regarding the question of why international organizations would be bound by international law. It places these uncertainties in the broader framework of a vague and ill-defined ‘turn to accountability’. As the chapter shows, international organizations are often held to account for wrongdoing without it being clear whether they have also violated an international legal obligation resting upon them. The chapter then discusses in some detail the 1980 WHO–Egypt advisory opinion of the International Court of Justice (ICJ) regarding whether the WHO could close their Alexandria office and move it to Jordan. Afterwards, the chapter reviews several recent attempts to overcome the ‘basis of obligation’ problem in the law of international organizations, such as the putative constitutionalization of international law or international organizations, the adoption of accountability models, and the emergence of Global Administrative Law.
Sources of International Trade Law
Authors: Pauwelyn Joost 
Published: January 2018

Abstract
This chapter argues that the World Trade Organization (WTO) approach to sources of law is legal-positivist, non-teleological, and focused predominantly on the text of WTO covered agreements as explicitly agreed to by WTO members. This approach places heavy reliance on a de facto rule of precedent and an increasing role for non-binding instruments, with little or no reference to academic writings and a limited role for non-WTO rules of international law other than mainly procedural rules of general international law. Moreover, the WTO’s sources doctrine remains relatively traditional or mainstream. It is difficult to speak of a WTO- or trade-specific ‘deviation’ from the general rule of recognition regarding the establishment of sources. At the same time, the WTO experience does have specific features, with a more prominent role for some sources over others and some pushing of the boundaries when it comes to certain less traditional sources of international law.
Sources of International Investment Law
Authors: Schill Stephan W. 
Published: January 2018

Abstract
This chapter discusses the use of sources of international law in the settlement of disputes arising under bilateral, regional, multilateral investment treaties and investment chapters in free trade agreements, focusing specifically on particularities this field of international law displays in comparison to general international law. It first addresses the importance of bilateral treaties in international investment law and shows that their bilateral form is not opposed to the emergence of a genuinely multilateral regime that behaves as if it was based on multilateral sources. The chapter then considers the pre-eminent importance arbitral decisions assume in determining and developing the content of rights and obligations in the field. Next, the chapter looks at the increasing influence of comparative law and the influence of soft law instruments. It argues that the specific sources mix in international investment law is chiefly connected to the existence of compulsory dispute settlement through investment treaty arbitration and the sociological composition of those active in the field.
Sources of International Law in Domestic Law
Authors: Wuerth Ingrid B. 
Published: January 2018

Abstract
This chapter takes a new approach to the much-analysed relationship between domestic and international law. It considers how global changes in domestic constitutional structures have changed the sources of international law. It argues that domestic constitutional structures have changed in similar ways in many countries around the world over the past century. Treaties, custom, and ‘soft law’ as sources of international law have each been shaped by these changes, particularly the rise in legislative power for treaties, the rise in legislative and judicial power for custom and general principles, and the rise of the administrative state for soft law. This chapter also considers how the content of each source of international law is influenced by domestic constitutional structures. It concludes with some normative perspectives on the relationship between each source of international law and changes in domestic constitutional structures.
McMeel on The Construction of Contracts
Authors: McMeel Gerard 
Published: January 2018

Abstract
This book, on the construction of contracts, explores the legal principles involved in contract formation and interpretation as well as the current trends in commercial contract litigation, providing practical guidance on how courts would interpret contractual terms with reference to recent commercial contract litigation. This third edition gives principle-by-principle coverage of the main elements of contract formation and updates them with reference to recent case law. Recent major construction of contract cases are discussed, including Pink Floyd Music (CA) and the recent UK Supreme Court ruling in the case of Rainy Sky v Kookmin Bank (2011) together with first instance commentary on the role of commercial purpose. The issue of rectification is given expanded coverage in the new edition reflecting the law's state of flux in this area with recent cases such as Daventry (2011), Cherry Tree v Landmain (2012), and Tartsinis v Navona (2015) demonstrating this uncertainty. Recognition of good faith is discussed with reference to Leggatt J in Yam Seng and MSC C Mediterranean Shipping v Cottonex (2015) and Prime Sight v Lavarello (2013) reflects the Privy Council's recent interpretation of the law of contractual estoppel.
Internal Context
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter examines the remainder of the instrument, or the ‘internal context’, as well as some of the constituent parts of contracts. The internal context is the first and least-controversial source of assistance for the purpose of construing particular contractual words. The chapter emphasises that it is always permissible to have reference to other provisions within the ‘four corners’ of the document. The remainder of the terms of a document are always relevant in construing a particular word, phrase, or clause. However one should not expect complete consistency and harmony in an instrument, particularly if it is not professionally drafted or if it is a standard form which has been amended over the years. The same word or phrase may have different meaning and effect in different parts of the contract.
External Context
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter turns to the ‘external context’. Firstly, the chapter describes the traditional rule that surrounding circumstances are taken into account. Secondly, it traces how that traditional rule evolved into the modern approach of having regard to the wider legal and factual matrix, through the seminal speeches of Lord Wilberforce to Lord Hoffmann's restatement of the governing principles in Investors Compensation Scheme Ltd v West Bromwich Building Society. Thirdly, the scope of the exclusionary rules is examined in the light of the two leading cases of Investors Compensation Scheme Ltd v West Bromwich Building Society and Chartbrook Ltd v Persimmon Homes Ltd. Finally, consideration is given to arguments for further liberalization of the admissibility rules.
New Horizons
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter explores the roles of good faith, contractual discretions, and human rights in either the negotiation or performance of contracts. It first revisits the orthodox position is that English law does not recognize any over-arching obligation to act in good faith, before providing some examples of statutory interventions as well as common law principles. The chapter then turns to the problem of contractual discretions and provides some analogies with public law. Finally, the chapter turns to the subject of human rights, wherein it discusses the relevant provisions as stated in the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’)—Article 6 and Article 1 of Protocol 1. To conclude, the chapter examines a human rights case in Khan v Khan, in the context of an alleged compromise arising out of a family partnership in the Muslim community.
Formation and Certainty
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter surveys some modern approaches to the formation of contracts which illustrate the close similarity in the principles used in some formation cases and construction cases. Given that many formation cases turn upon the meaning and effect of language of correspondence, other documentary exchanges, so-called ‘letters of comfort’, and ‘letters of intent’, it is unsurprising that the techniques are closely related. In construing documentary exchanges to ascertain whether negotiations have crystallized into a binding contract, the principles of objectivity and contextualism are in evidence. The approach to background is wider as there is no restriction on the evidence which the court may consider. Whilst axiomatically the exercise in interpretation is one of ascertaining the content of contractual obligations, a similar technique is deployed where the question relates to the formation of a contract.
Proof of Terms and Incorporation of Terms
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter considers the issue of ‘proof of terms’. It first describes the modern approach to proof of terms is described, and introduces the impact of ‘entire agreement’ clauses. Traditionally most cases concerned with the construction of private law instruments involved deeds or other documents signed by one or more parties. To this day a signature on a contract or form is the most effective way for a party to ensure that its terms form the basis for the relationship. However, it is clear that a signature on a document is not the sole or even principal means by which it can become the basis of the contract. The straightforward question to be addressed is if the parties intended to embody their agreement in a document, or to reduce it to writing in the form of a document.
Construction and Mistake as a Vitiating Factor
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter discusses mistake as a vitiating factor where there is an otherwise apparently binding contract between two parties. Historically there has been a very close relationship between contractual interpretation and the various doctrines which respond to mistakes in the bargaining process or in the resulting contract. It is clear that there is an intimate connection between the two. Indeed construction was the matrix from which most modern mistake theory sprang. By the middle of the twentieth century mistake appeared to have hardened into a distinct doctrine or perhaps even doctrines, but at the end of the twentieth century construction techniques resumed their earlier prominence in cases of contractual error.
Conditions, Warranties, and Indemnities
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter examines contractual provisions on conditions, warranties, and indemnities. It first characterizes conditions, their varieties, as well as the nature of discharge or termination associated with conditions. Next, the chapter turns to warranties. After a brief introduction to the subject, the chapter focuses more specifically on case examples of warranties in business acquisition contracts. In English law of contract, conditions and warranties have myriad meanings in the field, with multiple contexts and distinctions which this chapter explores in more depth. Finally, the chapter discusses indemnities and the construction of indemnity clauses. An indemnity clause usually provides that if one party (‘the indemnified party’) incurs a liability to a third party to the contract as a result of the performance of the contract, they shall be entitled to be indemnified by the other party (‘the indemnifier’) against that liability.
Modification of Remedies
Authors: McMeel Gerard 
Published: January 2018

Abstract
This chapter considers express termination clauses in detail, and briefly considers retention of title clauses and clauses restricting set-off. As a matter of general principle, parties are free to incorporate their own express regimes for termination of the contract; such clauses are common in contracts of any significant duration. The chapter presents an overview of the process and examines the issues which might arise from express termination clauses. With the retention of title clauses (or Romalpa clauses), the chapter focuses on issues of construction and characterization to address the numerous problems of such clauses. Finally, the chapter considers the law of set-off, which provides the regime for determining whether a cross-claim may be advanced in the same proceedings to reduce, extinguish, or even exceed the claimant's prima facie claim.
The General Assembly
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The UN General Assembly may be described as the world’s leading forum for political discussion. It currently has 193 member states—nearly four times its original membership of 51. In 2005, the General Assembly established an Ad Hoc Working Group on the Revitalization of the General Assembly and has re-established the group annually. A major preoccupation of the Working Group appears to be relations between the General Assembly and the Security Council, including a concern that the latter organ has encroached on the work of the former. This chapter discusses the General Assembly’s membership, voting, and procedure; meetings, regular, and special sessions; subordinate organs; voting; the role of the President; functions; limitations; and Article 11(2) of the UN Charter.
The Security Council
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The Security Council is unique among the principal organs of the UN in two important ways: member states agree to accept and carry out the decisions it takes in accordance with the UN Charter, and member states have conferred upon it primary responsibility for the maintenance of peace and security. It is also the most influential of the UN principal organs. Since the end of the Cold War the productiveness of the Security Council has increased dramatically. In the 1990s, it adopted an average of 64 resolutions a year. In 2016, it adopted 76 resolutions. This chapter discusses the Security Council’s membership, procedure, meetings, non-members, non-state entities, voting, presidency, and functions (oversight and peace and security).
The Economic and Social Council
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The Economic and Social Council (ECOSOC) is one of the UN’s six principal organs. More than any other principal organ, it has been the object of relentless criticism and attempts at reform. Among the impediments to its successful functioning have been its size (considered by some to be too large and by others not to be large enough); its ambiguous relationship with the General Assembly (including an overlapping of subject areas); and the fact that, as regards its activities in relation to economics, it operates in the shadow of the powerful institutions created at Bretton Woods and certain aspects of its social activities are dealt with by other international organizations or specialized agencies. This chapter discusses the ECOSOC’s membership, procedure, and voting; functions; meetings and programme of work; relationships with the other principal organs; areas of competence; and reform.
Subsidiary Organs
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter discusses the UN’s subsidiary organs. Chapter III of the UN Charter identifies the six ‘principal organs’ of the UN and authorizes the establishment of ‘[s]uch subsidiary organs as may be found necessary’. Two elements are essential to an entity working as a UN subsidiary organ: (i) it must be created by, or under the authority of, a principal organ of the UN; and (ii) it must possess a level of independence from the principal organ by which it was created, or under whose authority it acts. The chapter covers the essential characteristics of a subsidiary organ; powers to establish subsidiary organs; the legal status of subsidiary organs; powers of subsidiary organs; the nature of the functioning of subsidiary organs; joint subsidiary organs; subsidiary organs functioning in a dual capacity; subsidiary organs and treaty bodies; subsidiary organs of the General Assembly; and subsidiary organs of the Security Council.
Membership
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The Charter of the United Nations provides for two different means by which it is possible to become a member of the organization. Article 3 of the UN Charter relates to original members of the organization, while other members may be admitted under Article 4 of the UN Charter. The main distinction between original members and other members is that the organization is able to exercise control over whether the latter become members but had no control over the admission to membership of original members. This chapter discusses the admission to membership process; loss of membership and membership rights; readmission to membership; state succession and membership; problems of extinction and continuity; representation of members/credentials; and the position of observers.
The United Nations Secretariat and Secretary-General
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The Secretariat is one of the six principal organs of the United Nations (UN). The Secretariat is composed of the Secretary-General and staff, in accordance with Article 97 of the UN Charter. The Secretary-General is the head of the Secretariat and responsible for appointing the staff. He/she is also the ‘chief administrative officer of the organization’, which encompasses responsibilities beyond the organ of the Secretariat. This chapter discusses structure and functions of the Secretariat; efforts to reform the Secretariat; the Secretariat’s role in the common system; conditions of service; duration of appointment; remuneration and pensions; personal conduct and disciplinary measures; safety and security, and staff representative bodies; the Secretary-General’s appointment; term of office re-election, administrative functions, legal functions, representational functions, and political functions; and the Deputy Secretary-General.
Democratic Governance
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
Democratic principles are ‘woven throughout the normative fabric of the United Nations’ (UN); and are grounded in the UN Charter, despite the fact that the word ‘democracy’ cannot be found in the Charter. One of the purposes of the UN is the development of friendly relations among nations ‘based on respect for the principle of equal rights and self-determination of peoples’. Democratic governance is also based on individual rights in international human rights law. This chapter discusses the underpinnings of democratic governance; areas of UN assistance; political pluralism; electoral assistance; strengthening and building institutions; civic education; civil society; free and independent media; promoting the rule of law; and protection and promotion of human rights.
Disaster Relief
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter begins by discussing the notion of disaster relief. Disaster relief is the relief provided by entities following a disaster, for present purposes, by actors outside the state affected by the disaster. As with the notion of a disaster, different instruments take different approaches to the content of disaster relief. The international law of disaster relief exists as a patchwork of norms. There are a few multilateral conventions in the area, which regulate the response to specific types of disasters, or to particular aspects of disasters. Other conventions of more general applicability also contain provisions that concern disaster relief. The remainder of the chapter covers the historical provision of disaster relief; the role of the United Nations (UN) in the creation of international law relating to disaster relief; and the provision of disaster relief, including coordination, cooperation, legal standards, funding, and reporting.
Peaceful Settlement of Disputes
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
One of the purposes of the United Nations (UN) is ‘to bring about by peaceful means and, in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations that might lead to a breach of the peace’. Chapter VI of the UN Charter is devoted to the peaceful settlement of disputes, and specifies the roles of various UN organs and the means by which the parties to any dispute may seek a solution. These Charter provisions have been reaffirmed and elaborated upon in a number of resolutions of the General Assembly. This chapter discusses the principle of peaceful settlement of disputes; procedures envisaged in the UN Charter; and means of settlement.
The International Court of Justice
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
This chapter begins by discussing the International Court of Justice (ICJ) as a principal organ of the UN. The ICJ is the only UN principal organ that has its seat in The Hague. It consists of a Bench, a Registry, and a modest but important staff. All judges, who have to be able to work in French or English, are expected to sit on one of the Court’s two major committees, the Rules Committee, and the Budgetary and Administrative Committee. The chapter covers the Bench of the ICJ, the Court’s functions, the ICJ as distinct from other principal organs; ICJ financing and the UN; the ICJ and other courts and tribunals; methods of work of the ICJ; and ICJ efficiency.