bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction to Section 11.1 of the PICC
Authors: Meier Sonja 
Published: June 2017

Abstract
Section 11.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with the plurality of obligors in a contractual setting. Questions of a plurality of obligors arise in various circumstances. Several obligors may jointly bind themselves towards the obligee in a single promise or a single contract. If is only one obligor, a second party may bind itself towards the obligee to perform the same obligation. Several persons may be responsible for the same damage, or may have stood surety for the same debt. Section 11.1 describes two kinds of plurality, namely joint and several obligations, on the one hand, and separate obligations, on the other hand, with a default rule in favour of joint and several obligations. It also addresses rules for joint and several obligations, the relationship between obligors and obligee, and the internal relationship between the obligors.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.1.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of a release or settlement agreed upon by the obligee and all the obligors. Under Art 11.1.6, release of one joint and several obligor, or settlement with one joint and several obligor, discharges all the other obligors for the share of the released or settling obligor, unless the circumstances indicate otherwise. When the other obligors are discharged for the share of the released obligor, they no longer have a contributory claim against the released obligor under Article 11.1.10. This commentary discusses the possible consequences of the release of one obligor, including partial discharge of the remaining obligors and full discharge of all obligors. It also considers the presumption of partial discharge, the effect of an increase of the contributory shares, and waiver of joint and several liability.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.1.12 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning defences available to a joint and several obligor against whom a contributory claim is made by the co-obligor who has performed the obligation. Whereas Art 11.1.4 deals with defences and rights of set-off that can be raised by an obligor against the obligee requiring performance, Art 11.1.12 answers the question of whether an obligor may raise defences or rights of set-off against a co-obligor which has performed more than its share and now seeks contribution under Art 11.1.10. This commentary discusses common defences that can be raised by all the obligors against the obligee, the rule on personal defences, personal defences of other obligors, and common and personal rights of set-off.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.1.13 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the joint and several obligor's inability to recover contribution from a co-obligor. The contributory claims by the performing obligor against its co-obligors under Art 11.1.10 are separate: each obligor has to render contribution only in the amount of its internal share. Art 11.1.13 provides for an increase in the shares of the obligors not only in the event of the insolvency of one of them, but in all cases where the performing obligor is unable to recover contribution from another obligor. Where contribution cannot be recovered from one or more obligors, the shares of the remaining obligors have to be recalculated. The loss is spread in proportion to the respective shares, not equally.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.2.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of joint and several claims. Under Art 11.2.2, full performance of an obligation in favour of one of the joint and several obligees discharges the obligor towards the other obligees. If the obligor is discharged by performance to any one of the obligees, it implies that it has the right to choose the recipient of its performance. However, this right has been restricted in the civil law tradition, where the majority of legal systems provide that the obligor which has been sued by one of the joint and several obligees can no longer discharge itself by performance to a different obligee, at least as long as the proceedings are pending. The PICC do not contain further rules as to the way in which the obligees can invoke the remedies set out in Chapter 7. In this case, each obligee appears to be entitled to claim damages for the loss it suffered as a result of a non-performance.
Authors: Meier Sonja 
Published: June 2017

Abstract
This commentary analyses Article 11.2.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning defences that the obligor may assert against joint and several obligees. According to Art 11.2.3, the obligor may assert against any of the joint and several obligees all the defences and rights of set-off that are personal to its relationship to that obligee or that it can assert against all the co-obligees. However, the obligor may not assert defences and rights of set-off that are personal to its relationship to one or several of the other co-obligees. This provision stems from the drafters' view that plurality of obligees is, to a certain extent, a mirror image of plurality of obligors. This commentary discusses the rule on performance and set-off, the effect of a merger of obligations between the obligor and one of the obligees, the consequences of release and settlement by one of the joint and several obligees, limitation periods with regard to claims of the co-obligees, and effect of court judgment on the obligees.
Introduction
Authors: Denza Eileen 
Published: June 2017

Abstract
This introductory chapter outlines the development of the Vienna Convention on Diplomatic Relations, an international treaty that defines a framework for diplomatic relations between sovereign States. It elaborates three key details why the Convention serves as an important legal framework that regulates international relations. First, the Convention guarantees the efficacy and security of the machinery through which States conduct diplomacy, and without this machinery States cannot construct law, whether by custom or by agreement on matters of substance. The Convention constitutes the procedural framework for the construction of international law and international relations. Secondly, reciprocity forms a constant and effective sanction for the observance of nearly all the rules of the Convention, such as the treatment of representatives or diplomats abroad. Thirdly, the Convention never loses sight of the need to find solutions which would be acceptable to governments and to national Parliaments as a whole.
Appointment of the Staff of the Mission
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers Article 7 of the Vienna Convention on Diplomatic Relations which deals with the appointment of the members of the diplomatic mission to foreign States. According to the Article, the State may freely appoint and dismiss the members of the staff of the mission, and that in case of military, naval, or air attachés, the State may require the submission of their names for approval. Subject to Article 9, the receiving State may declare persona non grata or unacceptable before arrival to any member of the mission. In addition, the Article confers the sending State the freedom to specify the functions of each member. The State specifies them classifies them as either part of the diplomatic staff, administrative staff, or technical staff. As Article 7 deals with members of the staff of the diplomatic mission, the chapter also discusses a member’s exemptions from a receiving State’s immigration control and the immunity from employment claims.
Nationality of Diplomatic Staff
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter analyses Article 8 of the Vienna Convention on Diplomatic Relations which discusses the nationality of the diplomatic staff. The Article states the general principle that members of the diplomatic staff should be of the nationality of the sending State, and that the members may be appointed among persons having the same nationality of the receiving State as long as there is consent of that State. This consent may be withdrawn at any time. In addition, the Article expresses that the receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State. The requirement for consent of the receiving State under the Article applies only to appointment of diplomatic staff and does not extend to the administrative and technical staff.
Notification of Staff Appointments and Movements
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter considers Article 10 of the Vienna Convention on Diplomatic Relations which contains provisions regarding the notification of staff appointments and arrival and departure of members of diplomatic missions. Article 10 states that the receiving State, through its Ministry for Foreign Affairs, prior to the meeting shall be notified of the appointment, time of arrival, and time of final departure of the members of the mission. The Article also expresses that the Ministry is also notified of the time of arrival and departure of the relatives and private servants of the members of the mission. As they will be staying at the receiving State temporarily, the Article states that the members, along with their relatives and personal servants, are entitled to privileges and immunities. All of these notifications are usually compiled in a general list or diplomatic register. The chapter describes how the formation of the register varies from State to State.
Size of the Mission
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter explores Article 11 of the Vienna Convention on Diplomatic Relations which deals with the appropriate size of the diplomatic mission. Before the mission, both of the sovereign States involved can agree on its size. If there is no prior agreement, then the receiving party may require the size to be reasonable and normal. The Article also states that the receiving State may refuse to accept officials of a particular category. The International Law Commission decided that a balance must be struck between the interests of the sending and the receiving State. The chapter then highlights the controversy that emerged due to the text used in the second paragraph that certain nations such as United States became unhappy with the phrase ‘that the receiving State may refuse to accept officials of a particular category’ even though the Commission stresses that it non-discriminatory and is used in the context of the first paragraph regarding the size of the mission.
Precedence among Heads of Mission
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter discusses Articles 16, 17, and 18 of the Vienna Convention on Diplomatic Relations. Article 16 states that, in accordance with Article 13, heads of diplomatic missions take precedence in their respective classes in the order of the date and time of taking up their functions. It also states that any alterations made in the credentials of a head of mission that does not involve the changing of class shall not affect precedence. Lastly, the Article states that it is not prejudiced regarding the precedence of the representative of the Holy See. Article 17 on the other hand states that Ministry for Foreign Affairs or other similar body shall be notified of the precedence of the diplomatic staff, while Article 18 expresses that the procedure to be observed between each respective State for the reception of heads of mission shall be uniform in respect of class.
Exemption of Official Fees from Taxation
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter explores Article 28 of the Vienna Convention on Diplomatic Relations. The Article states that the fees and charges levied by the diplomatic mission in the course of its official duties shall be exempt from all dues and taxes. The Article serves as one of the fastest to finalize by the International Law Commission, as the principle of exempting tax during a diplomatic mission is universally accepted between sovereign States. For the most part, fees and charges levied by a diplomatic mission are likely to relate to functions which might be regarded as consular in nature—for example, passport and visa fees and charges for authenticating or legalizing documents. Possible restrictions and rules applicable where a diplomatic mission performs consular functions are discussed in the context of Article 3 of the Convention.
Inviolability of Residence and Property
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter looks into Article 30 of the Vienna Convention on Diplomatic Relations which deals with the inviolability of a diplomatic agent’s residence and property. Under Article 30, the private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission. The agent’s papers, correspondence, and property shall likewise enjoy inviolability except as provided in Article 31.3. The chapter elaborates the scope of the inviolability in terms of private residences, papers and correspondence, property, and also exchange control. In addition, it also discusses the removal or towing away of motor vehicles of the diplomatic agent.
Professional or Commercial Activity by Diplomat
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Article 42 of the Vienna Convention on Diplomatic Relations which specifies the professional or commercial activity done by a diplomat. Article 42 states that a diplomatic agent shall not practise for personal profit any professional or commercial activity in the receiving State. The basis of the Article comes from the notion that it would give the sending State assurance that its diplomatic agents abroad would limit their activities to their official duties. It would assist the receiving State by eliminating difficult problems, and would enhance the dignity of the diplomatic corps accredited to its government. Lastly, it would serve to protect diplomatic agents from any suggestion that they might be using the prestige of their office to further their outside interests. In addition, the chapter also describes the relationship between Article 42 and Articles 31.1 (c) which deals with immunity and 34 (d) which tackles taxes on private income.
Acquisition of Nationality
Authors: Denza Eileen 
Published: June 2017

Abstract
This chapter examines Optional Protocol concerning the Acquisition of Nationality to the Vienna Convention on Diplomatic Relations. Prior to the Convention, the position was that States which conferred their nationality as a matter of course on children born within their territory. The optional protocol of acquiring nationality formulated by the International Law Commission extends this rule. Under the protocol, a child whose father or mother is a member of a diplomatic mission of whatever rank and is not a national of the receiving State will not automatically acquire the nationality of the receiving State by virtue of birth within its territory. The exception therefore includes a child born to a father who is a member of the service staff of the mission and whose wife is a national of the receiving State, the illegitimate child born to a woman member of the mission, a child born to the sister of a diplomat married to a national of the receiving State, and a child born to a woman member of the mission married to a national of the receiving State.
The Law of Investment Treaties
Authors: Salacuse Jeswald W 
Published: June 2017

Abstract
The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law - the law of investment claims. In this revised second edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.
The Underlying Principles of Freedom of Religion or Belief—Towards a Holistic Conceptualization
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter discusses the underlying principles of freedom of religion or belief. While having its specific features as well as specific areas of application, the right to freedom of religion or belief epitomizes the very same principles which define the human rights approach in general: respect for human dignity, normative universalism, freedom, and equality. Highlighting these principles, which freedom of religion or belief shares with other human rights, is important against the background of a growing perception (or rather: misperception) that freedom of religion or belief allegedly stands in an uneasy relationship to other human rights, in particular freedom of expression or claims of gender emancipation. This chapter presents systematic arguments which underline a holistic understanding of freedom of religion or belief as an indispensable part of human rights in general. In order for the State to fulfil its task as formal guarantor of everyone’s right to freedom of religion or belief without discrimination, an inclusive secular constitution may provide the most suitable conditions.
Freedom to Adopt, Change, or Renounce a Religion or Belief
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter focuses on everyone’s right to adopt, change, or renounce a religion or belief without restraints. That part of freedom of religion or belief has always been particularly controversial and it continues to be contested in theory and practice. In many countries, converts suffer societal harassment, open or concealed forms of discrimination and sometimes brutal acts of persecution committed by State agencies or non-State actors. While the freedom to convert to another religion or belief (including non-belief) enjoys unconditional protection in human rights law, the freedom to induce others to convert by employing non-coercive measure of persuasion can be limited, if deemed necessary and in accordance with the criteria set out for imposing limitations. Nonetheless, the two issues of conversion and missionary activities closely belong together in practice, since restrictions imposed by States on ‘proselytism’ often aim at de-legitimizing acts of ‘apostasy’ as well.
Freedom to Worship
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter addresses issues concerning the individual freedom to worship. Given the crucial significance of worship for the understanding and practice of religion, the texts of some national constitutions reduce the right to freedom of religion or belief to the element of worship by replacing it with the term ‘freedom to worship’. However, this narrow or even exclusive emphasis on worship can become an excuse for marginalizing or simply ignoring other important aspects of freedom of religion or belief, such as running charity institutions, offering education services or participating in public debate. It is therefore advisable not to isolate the element of worship, but to see it in conjunction with the other elements of the right to manifest one’s religion or belief through observance, practice, and teaching. The chapter also discusses issues of interpretation such as the ceremonial use of plants and drugs, as well as ritual slaughter and observance of dietary practices.
Conscientious Objection
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter addresses issues concerning conscientious objection, notably the refusal by individuals to perform compulsory military service based on their genuinely held religious or other beliefs that forbid the use of lethal force. Throughout the past five decades, various international and regional human rights mechanisms have significantly changed their interpretation with regard to the existence and normative basis of a right to conscientious objection to military service. This chapter also discusses the question of who can claim conscientious objection; procedural issues; the problem of repeated trials and punishment of conscientious objectors; the nature and length of alternative service; refugee status claims based on persecution arising from conscientious objection; and conscientious objection in disputed territories. In addition, there are several issues of interpretation related to ‘selective’ objection against participating in certain wars and ‘total’ objection even against alternative civilian service. In addition to conscientious objection to military service, also other issues may give rise to objections, for example against the obligation to pay taxes for military expenditures; against carrying out abortions; against a duty to join a hunting association; against singing the national anthem or saluting the flag; and conscientious objection in the employment sphere.
Persons Deprived of Their Liberty
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
This chapter addresses the right to freedom of religion or belief, which all detainees should enjoy regardless of the reasons of their detention. Freedom of religion or belief can be deeply significant for detainees, since it can offer them comfort, rehabilitation, and hope at a time when they are experiencing a paucity of social interaction. The chapter highlights the positive duties upon the State in relation to detention due to the heightened risk of religious violations such as indoctrination, forced conversion or involuntary access to prison chaplains. Moreover, imprisonment imposes particular risks on limitations being imposed on manifestations of religion or belief such as fasting, access to religious materials, diet, clothing, and headdress.
Refugees, Asylum Seekers, and Internally Displaced Persons
Authors: Bielefeldt Heiner , Ghanea Nazila , Wiener Michael 
Published: June 2017

Abstract
Though it is clear that refugees, asylum seekers, and internally displaced persons (IDPs) have an equal right to freedom of religion or belief, this right is often compromised in practice. This chapter examines a number of these challenges for freedom of religion or belief at various stages of the process by which persons become forcibly displaced, seek asylum and refugee status in another State, are able to or are denied the freedom to practise religion or belief in refugee camps, or face refoulement.