bluuebunny/crossref_metadata_2025_split huggingface dataset:
Cluster Munitions
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter explains the grave humanitarian concerns that cluster munitions have aroused and traces the processes that culminated in legal action taken to address this concern. Cluster munitions are the subject of the most recent arms control treaty, the Cluster Munitions Convention (CMC) adopted in Dublin on 30 May 2008. The process that led to the adoption of this Convention and the parallel and ultimately fruitless discussions of the same topic under the auspices of the CCW provides an important case study that illustrates how modern weapons law is, in practice, made. The complex CMC definition of cluster munitions is explained, the core obligations provided for in the treaty are related and the important provisions of article 21 dealing with interoperability issues are examined.
Non-International Armed Conflict
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter considers how the law of weaponry applies to Non-International Armed Conflict (NIAC). Some object to the idea that a State can bind the rebels as to the law that is to be applied in a NIAC. These objections are considered. Of course, arms control treaties with their comprehensive, all-embracing prohibitions apply equally in both classes of conflict. The CCW’s scope has been extended for participating States and customary law applies, occasionally unequally, to both IACs and NIACs. Nevertheless, important differences remain and this chapter explores these differences, and notes the tendency for the law applying to IACs and NIACs to converge. The chapter then addresses what would need to change to achieve total convergence.
The Historical Evolution of the International Cooperation against Transnational Organised Crime
Authors: Madsen Frank G 
Published: June 2017

Abstract
This chapter surveys the development of international criminal police cooperation and notes that originally most crimes now prohibited internationally were sponsored or tacitly allowed by governments. I postulate, using World Society Theory, that developing cooperation is part of global crime governance. In law enforcement cooperation ‘rationalization’ (a core concept of this theory) takes the form of policing technology. Interpol is the only global criminal-police cooperative organisation and, in developing this structure, police professionalism played a more decisive role than political or legal guidance. The chapter looks at three rarely highlighted themes of transnational organised crime (TOC): the relationship between the financial markets and TOC, organ transplants, and environmental or ‘green’ crime, as well as two procedural issues, random data collection and cryptography. The chapter ends by warning about two TOC areasthat will become of increasing concern: illicit disposal of toxic and e-waste, and the health care sector.
Transnational Organised Crime
Authors: Sinn Arndt 
Published: June 2017

Abstract
The term ‘transnational organised crime’ is no recent invention, but the legislature first took heed of the phenomenon only thirty years ago. Three external developments contributed to this change: first, the worrying rise of narcotics-related criminal activity; second, the particularly organised way in which these and other crimes were committed; and third, cross-border activity especially in the context of new technology and the opening of borders in the European Union. Transnational organised crime (TOC) is thus a fairly young field of research. The specific structures of perpetrator groups and their methods have been of particular interest to criminologists, while criminal legal scholars have been much slower to react. This chapter gives an overview of the problems in describing, defining, and combating TOC. Key factors that are likely to influence the future direction of organised crime are also named.
Transnational Organised Crime and its Impacts on States and Societies
Authors: Feltes Thomas , Hofmann Robin 
Published: June 2017

Abstract
Transnational organised crime (TOC) impacts states and societies on different levels. It can have devastating effects on the state, the rule of law, and the economy in countries. It is a great challenge for criminological research to measure those impacts and give a precise account of the consequences societies face when infiltrated by TOC. Depending on legal, institutional, and socio-economic conditions in states and societies, these impacts may vary in their effect. Where governments and state institutions are weak and the civil society poor, TOC seemingly flourishes. Nevertheless, the conditions for this flourishing of TOC are much more complex than the simple link between weak states, poverty, and TOC might suggest. To achieve a more complete and clearer picture of TOC and its impact on societies, it is important to consider it as an integral part of society, not an external invader. Therefore, TOC is strongly linked to societal developments in recent years, particularly with globalization.
Transnational Organised Crime and the Sale of Children, Child Prostitution, and Pornography
Authors: Müller Thorsten 
Published: June 2017

Abstract
This chapter deals with international responses to the—predominantly sexual—exploitation of children. The worldwide phenomena of sale of children, child prostitution, and the abuse of children in pornographic performances are deeply interwoven. Accordingly, the first part of the chapter explains and specifies these different crimes in more detail. Subsequently, the chapter introduces the relevant instruments to fight these phenomena from an international point of view. All the relevant provisions and documents relating to the fight against sexual exploitation of children are discussed. Ways to improve the present international legal regime are highlighted at the end.
The International Law of the Use of Force and Transnational Organised Crime
Authors: Thielbörger Pierre 
Published: June 2017

Abstract
Cybercrime has not only become a new form of organised crime, in which a network of independent perpetrators cooperate on a case-by-case basis without an enduring, hierarchical structure, but is also gaining increasing attention from traditional organised crime groups. With cybercrime easily crossing geographical borders, a closer look at the international law framework on the fight against cybercrime is warranted, including but not limited to the Council of Europe Convention on Cybercrime. This chapter focuses on cyber-related aspects of substantive criminal law, criminal procedure, and jurisdiction, as well as an analysis of the core challenges and typical phenomena of cybercrime.
International Humanitarian Law and Transnational Organised Crime
Authors: Peterke Sven , Wolf Joachim 
Published: June 2017

Abstract
This chapter analyses the interplay of the use of force in international law and transnational organised crime (TOC). It suggests understanding organised criminal groups as addressees of certain parts of the international legal order that deal with the use of force. For instance, Article 51 United Nations (UN) Charter gives states the right to self-defence following an armed attack without specifying that the armed attack must be carried out by a state. Such an attack can equally emanate from organised criminal groups which, in turn, makes them partial subjects of international law. If gangs engage in TOC, often their action also poses a threat to international peace and security under Article 39 UN Charter. It lies thus within the mandate of the Security Council to deal with such action. The Council has started to do so in recent years and it is called upon to continue this line of work.
Transnational Criminal Organisations and Human Rights
Authors: Noortmann Math , Sedman Dawn 
Published: June 2017

Abstract
Transnational criminal organisations and human rights are in a dialectical relationship. Organisations can be subjected to criminal investigations and criminalization, while at the same time be protected by such rights as the right to association and free speech. While successful criminal prosecution of organisations is rare, as demonstrated by the war-crime tribunals since the Second World War, the criminalizing of organisations such as biker gangs and armed opposition groups is a more common, however questionable, option for governments. To the extent that criminal organisations are considered, first of all, to commit crimes and are investigated and prosecuted within that legal framework, the question what the concept of criminal organisations committing human rights violations would bring is a pertinent one. Crimes and human rights are different legal conceptions and should not be confused in the ‘war against organised crime’.
Consular Access and Protection
Authors: Foakes Joanne , Denza Eileen 
Published: June 2017

Abstract
This chapter continues the discussion on consuls from the previous, this time focusing on access to consuls and consular protection. For many States there has in recent years been enormous growth in the demand for consular protection as businesses increasingly set up subsidiaries and branches overseas and individuals travel abroad. National laws vary greatly not only on such obvious matters as dress and the public consumption of alcohol but also on driving and road safety, photography of sites of cultural or security interest, and entitlement to social benefits and to police protection. In consequence, it is easy for the unwary traveller to contravene local laws and to be arrested and detained in police custody without knowledge even of the language, far less of how to secure the services of an interpreter or competent legal representation. Hence assistance from a consular staff becomes necessary.
The European Union—I Development, Structure, and Decision-Making
Authors: Berman Paul 
Published: June 2017

Abstract
This chapter examines the origins and development of the European Union, its legal framework, and its institutional and decision-making framework. Of all the international and regional arrangements to emerge in the aftermath of the Second World War, the European Union is perhaps the most difficult to classify. More than a classic intergovernmental organization, and less than an embryonic State, the EU’s wide-ranging responsibilities and byzantine structures can make it a challenging prospect for diplomats from within the Union as well as for those engaging with its work from other countries. While the European Union may be classified as an international organization the nature of its powers and procedures mean that it is usually regarded as a sui generis entity. There are a number of elements which taken together distinguish it from other organizations which extend back to the Treaties establishing the original European Communities in the 1950s.
Treaties and other International Instruments—I General Definition, Treaty Formalities
Authors: Berman Frank , Bentley David 
Published: June 2017

Abstract
This chapter provides a general definition of treaties and their formalities. As there is no single, all-embracing definition of the term ‘treaty’ the chapter instead reviews particular aspects of the general definition of treaties: the agreements involving international organizations and oral agreements, the requirement that agreement should be governed by international law, and the instruments not intended to give rise to legal relations. The chapter then closes its first section with questions of form and terminology. The chapter also deals with the formalities in the drawing up of treaties. These are: the initialling and signatures, the preparation of signature texts, the languages used in the treaties, and registration and publication of treaties.
Treaties and other International Instruments—II Treaty, Convention, Agreement, Protocol
Authors: Berman Frank , Bentley David 
Published: June 2017

Abstract
This chapter discusses the most common forms of treaty instrument, namely those entitled ‘treaty’, ‘convention’, ‘agreement’, and ‘protocol’. Generally speaking, the designation ‘treaty’ has been reserved for international agreements of a particularly significant character, or to mark the political importance of the particular international agreement. The designation ‘convention’ tends to be utilized for multilateral treaties of a law-making type. The term ‘agreement’, like the term ‘treaty’ itself, is used to cover any meeting of minds, or an agreement intended to be binding, but usually of a less formal or significant nature than a treaty or convention. Finally, the word ‘protocol’ may, depending upon the context in which it is used, signify an addition to a treaty, a summary of official proceedings, or a technique of the proper method of doing things, including official etiquette.
International Standards on Deposit Insurance
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
An overarching theme in recent discussions of financial regulation has been the desirability of an internationally level playing field. A level playing field aims at ensuring that internationally active financial institutions compete on an equal footing and that the most efficient institutions gain a larger market share. This chapter sets out the international standards and best practices that have been developed in the area of deposit insurance by the European Forum of Deposit Insurers, the International Association of Deposit Insurers, and the Financial Stability Board. It goes on to offer a general overview of the architecture of deposit insurance systems around the globe.
Case 22/70, Commission v Council (European Road Transport Agreement), Court of Justice of the EC, [1971] ECR 263
Authors: Klabbers Jan 
Published: June 2017

Abstract
This note addresses arguably the CJEU’s most important external relations decision, in a case involving the relationship between Council and Commission, the powers of the EU to act externally, the implied powers doctrine in one of its many guises, and even the international legal personality of what was at the time still the EEC.
Effect of Awards of Compensation Made by the United Nations Administrative Tribunal Advisory Opinion [1954] ICJ Rep 47
Authors: Keith Kenneth 
Published: June 2017

Abstract
This case note relates to the advisory opinion of the International Court of Justice on the United Nations Administrative Tribunal in which the Court ruled that the General Assembly of the United Nations had the power to establish the Tribunal to decide disputes between UN staff members and the UN Secretary-General, their employer, and that its awards were binding on the General Assembly when it came to adopt the UN budget. Underlying these rulings is the principle of the independence of the international civil service. The case note also records the changes that were made to the Statute of the Tribunal as a consequence, changes which presented procedural issues for the Court which was given a review power in respect of awards of the Tribunal.
Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter), International Court of Justice, Advisory Opinion, [1962] ICJ Rep 151
Authors: Wouters Jan , Odermatt Jed 
Published: June 2017

Abstract
The International Court of Justice’s 1962 Advisory Opinion Certain Expenses of the United Nations relates to a relatively narrow legal question. The Court was asked to decide whether expenses authoriszed by the UN General Assembly relating to peacekeeping missions constituted ‘expenses of the organization’ according to art. 17(2) of the UN Charter. In deciding this question, the Court elaborates on some important issues for international law and the law of international organizations including the doctrine of implied powers, treaty interpretation in the context of the UN Charter, the doctrine of ultra vires, and the Court’s relationship with other UN organs. The opinion also has consequences for the UN General Assembly, including its role in the system of collective security, its budgetary powers, and its relationship with the UN Security Council. The chapter not only examines the Court’s reasoning but also discusses the wider significance of the case for international law.
Prosecutor v Duško Tadić, Decision on the defence motion for interlocutory appeal on jurisdiction, IT-94-1-AR72, Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, 2 October 1995
Authors: Dekker Ige F , Wessel Ramses A 
Published: June 2017

Abstract
The principle of the attribution, or conferral, of powers is undisputed and lies at the heart of debates on the competences of international organizations. A more specific question concerns whether and to which extent organs of an international organization may establish other organs. The importance of the case analysed in the present Chapter, is that it reveals that the competence of an organ to decide on it own competence may be far-reaching. The question arose whether the United Nations Security Council had not exceeded its powers by establishing the International Criminal Tribunal for the Former Yugoslavia in the year 1993.
Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, [1971] ICJ Rep 16
Authors: Leyh Brianne McGonigle 
Published: June 2017

Abstract
The Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa in Namibia touches upon the role of the International Court of Justice (ICJ) in exercising review over the factual and legal determinations of other principal UN organs, including the UN General Assembly (GA) and Security Council (SC). The relevance of the case, with regard to international organizations and legal acts, hinges on the findings related to the role of the ICJ as a judicial institution vis-à-vis its more political counterparts within the UN organization, the dissolution and succession of international organizations, and the power and limits of international organizations to ensure compliance with their rules and standards.
Matthews v United Kingdom, ECtHR, App. No. 24833/94, 18 February 1999
Authors: Barros Ana Sofia 
Published: June 2017

Abstract
In the present case, the European Court of Human Rights’ analysis drew on the terms in which the European Convention on Human Rights would apply following state adhesion to an international organization. In particular, the Court was called upon to decide on the responsibility of the UK for not having ensured that within the legal system of the then European Community, laws would not be passed that were incompatible with that state’s obligations under the Convention. Although the matter in dispute regarded issues of a purely institutional nature and character, the Court (still) approached it as one engaging state responsibility for its participation in the EC. In a quasi-dogmatic fashion, the Court ascertained that the Convention does not preclude states from transferring competences to international organizations, provided that the rights prescribed therein continue to be secured.
Agim Behrami and Bekir Behrami v France, App. No. 71412/01 and Ruzhdi Saramati v France, Germany, and Norway, App. No. 78166/01, European Court of Human Rights, 2 May 2007
Authors: Villalpando Santiago 
Published: June 2017

Abstract
In 2007, the European Court of Human Rights issued a landmark decision on the admissibility of two applications (Behrami and Saramati) concerning events that had taken place in Kosovo subsequent to Security Council Resolution 1244 (1999). This note examines the two main legal findings of this decision, namely (i) that the impugned actions and omissions were, in principle, attributable to the United Nations, and (ii) that this attribution implied that the respondent states could not be held accountable for such actions and omissions under the Convention. The note deconstructs the reasoning of the Court on these points and assesses the legacy of this precedent in the field of the responsibility of international organizations.
Nuhanović v Netherlands, Judgment, BZ9225, and Mustafić v Netherlands, Judgment, BZ9228, Supreme Court of The Netherlands, 6 September 2013
Authors: Spijkers Otto 
Published: June 2017

Abstract
The Nuhanović and Mustafić cases deal with the legal responsibility of the Netherlands for acts committed by a battalion of Dutch soldiers, placed at the disposal of the United Nations (UN) to take part in a peacekeeping mission. In its judgment, the Dutch Supreme Court made extensive use of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARS), and the Draft Articles on the Responsibility of International Organizations (DARIO) of the International Law Commission (ILC). While the question of attribution is decided on the basis of international law, the wrongfulness of the conduct of the Dutch peacekeepers is assessed mainly on the basis of local domestic (Bosnia-Herzegovina) private law. Nonetheless, as an obiter dictum, the Supreme Court also had something interesting to say about the extraterritorial application of international human rights law in a case such as this one.
Al-Jedda v United Kingdom, App. No. 27021/08, European Court of Human Rights, 7 July 2011
Authors: Sari Aurel 
Published: June 2017

Abstract
The judgment in the Al-Jedda case represents an important milestone in the evolution of the European Court of Human Rights’ jurisprudence on the extra-territorial application of the European Convention on Human Rights. In Al-Jedda, the Court seems to depart from its earlier case-law and accept the prevailing view that ‘effective control’ constitutes the proper standard for allocating responsibility between contributing states and international organizations engaged in the conduct of multinational military operations. At the same time, the judgment also highlights the difficulties involved in allocating responsibility in this context and the continued confusion surrounding the concepts of jurisdiction and international responsibility in the Court’s jurisprudence.
Beer and Regan v Germany, App. No. 28934/95 and Waite and Kennedy v Germany, App. No. 26083/94, European Court of Human Rights, 18 February 1999
Authors: Neumann Thore , Peters Anne 
Published: June 2017

Abstract
The two decisions were the first in which an international human rights court commented on the conflict between immunities of international organizations before domestic courts and the human rights-based obligation of states to provide individuals with access to a court. The European Court of Human Rights reviewed the domestic court’s act of granting immunity to an international organization against art. 6(1) ECHR. It employed an ‘alternative means test’, i.e. it inquired whether the aggrieved party had means other than access to state courts at its disposal to pursue claims. In performing a human rights-review, the Court departed from the traditional paradigm of international organizations’ absolute immunity which would dispense international organizations under all possible circumstances from domestic judicial proceedings and enforcement. Since the rendering of the two judgments, the ‘alternative means’ test has become a key concept in the law of organizational immunities in Europe.
Prewitt Enterprises, Inc. v Org. of Petroleum Exporting Countries, 353 F.3d 916 (11th Cir. 2003)
Authors: Boon Kristen 
Published: June 2017

Abstract
This case addresses effective service of process of an international organization by a non-member state. The United States Court of Appeals for the Eleventh Circuit relied upon the Federal Rules of Civil Procedure (FRCP) because the Organization of Petroleum Exporting Countries (OPEC) did not fall within the purview of the International Organizations Immunities Act (IOIA) and no other applicable treaty existed regarding the treatment of the OPEC in a United States domestic court. The decision’s reliance upon FRCP and application of foreign law resulted in the inability of the plaintiffs to bring a claim against the OPEC without its express consent.