bluuebunny/crossref_metadata_2025_split huggingface dataset:
The ICC and the ASP
Authors: O’Donohue Jonathan 
Published: June 2017

Abstract
The ASP performs a range of administrative oversight, legislative, and other functions which are essential to the effective functioning of the ICC. In its first 12 sessions, the Assembly has made significant progress towards implementing these functions, as well as other efforts to support the work of the ICC and the realization of the Rome Statute system. It has inter alia developed the Independent Oversight Mechanism (IOM), innovative systems to elect ICC officials, and mechanisms to respond to non-cooperation. Nevertheless, there are a number of aspects of the Assembly’s approaches and decisions which threaten to undermine the work of the ICC, including the independence of the Prosecutor and the judges. This chapter examines how, in discharging its functions, the Assembly has both positively and negatively affected the law and practice of the Court.
Jurisdiction
Authors: Rastan Rod 
Published: June 2017

Abstract
The jurisdictional regime of the ICC frames the entire process within which the proceedings are conducted. It determines the statutory scope of the Court’s competence, and also identifies the nexus between specific alleged acts and a situation that has been referred by a State Party or the Security Council or which has been authorized by the Pre-Trial Chamber, thus shaping the competence of the ICC to exercise its jurisdiction in a particular case. This chapter examines jurisdictional issues arising from each of the four facets of the Court’s jurisdiction, namely, subject matter, and personal, territorial, and temporal jurisdiction. It argues that jurisdiction may raise its head in many and multiple guises, in ways not dissimilar to those treated variously in other areas of public international law and domestic criminal law.
Investigative Management, Strategies, and Techniques of the ICC’s OTP
Authors: SáCouto Susana , Thompson Katherine Cleary 
Published: June 2017

Abstract
In several ICC cases, such as Lubanga or Katanga and Ngudjolo, the OTP has been criticized for its investigative practices. This chapter examines some of the potentially problematic aspects of the OTP’s practices that have been identified by the judges of the Court and outside observers to date (e.g. gathering of evidence, use of intermediaries, vague charges). It argues that the OTP may in certain cases need to postpone moving forward with a case until more thorough investigations have been conducted. It offers some recommendations in relation to the size and composition of investigation teams and the evaluation of evidence that may improve the investigative process, helping to build a stronger OTP. It draws on comparisons to the practice of the UN ad hoc tribunals, in particular, experiences of the ICTY.
Perpetration and Participation in Article 25(3)
Authors: van Sliedregt Elies 
Published: June 2017

Abstract
This chapter provides an overview of the theorization of modes of liability in the context of contemporary ICC jurisprudence and scholarship. It examines the structure of Article 25, its doctrinal specificities, and its possible interpretation in light of ICC jurisprudence from the Lubanga, Katanga, and Bemba cases. It places particular emphasis on the relevance of the distinction between principal and accessorial liability and the question of whether the differentiated approach reflected in Article 25 encompasses a hierarchization of modes of liability. To give Article 25 more context and to place it in a history of liability theories attuned to system criminality, the chapter takes into account post-Second World War case-law and Tribunal law on criminal responsibility.
Forms of Accessorial Liability under Article 25(3)(b) and (c)
Authors: Olásolo Héctor , Carnero Rojo Enrique 
Published: June 2017

Abstract
While Article 25(3)(a) of the ICC Statute assigns principal liability to persons perpetrating a crime, Article 25(3)(b)-(d) ascribes accessorial liability to those participating in the commission of a crime by third persons. Elements of the modes of liability envisaged in paragraphs (b) and (c) of Article 25(3) were proposed but eventually not included in the Elements of Crimes. This chapter discusses ICC approaches towards ordering, instigating, planning, and aiding and abetting, including the contribution and mental element required. It contrasts ICC jurisprudence with approaches of other ICCs and tribunals, including the controversy over the specific direction test in the context of aiding and abetting in the Perisić and Šainović cases at the ICTY and the Taylor case at the SCSL.
The Characterization of Armed Conflict in the Jurisprudence of the ICC
Authors: Cullen Anthony 
Published: June 2017

Abstract
The existence of armed conflict is the most fundamental prerequisite for the exercise of jurisdiction over war crimes. This chapter probes the characterization of armed conflict in the case-law of the ICC. It shows that the ICC has relied heavily on the jurisprudence of the ICTY concerning the conceptualization of non-international armed conflict (e.g. Tadić) and internationalization of prima facie internal armed conflict based on the overall control test. It argues that maintaining the integrity of armed conflict as a concept of international humanitarian law is one of the greatest longer-term challenges facing the Court.
The International Criminal Standard of Proof at the ICC—Beyond Reasonable Doubt or Beyond Reason?
Authors: Smet Simon De 
Published: June 2017

Abstract
Standards of proof are a common and essential feature of modern systems of adjudication. The definition of the criminal standard of proof before the ICC has, however, not been a straightforward matter. The Katanga judgment shows deep divisions among the judges on the interpretation of the international criminal standard of proof. This chapter discusses the theoretical choices involved in setting the standard of proof. It argues that any meaningful discussion of standards of proof must involve two different elements: the determination of a model of judicial fact-finding to determine how the standard of proof can be defined, and a complex balancing exercise of all the relevant interests in order to set the applicable standard.
Confirmation of Charges
Authors: Stegmiller Ignaz 
Published: June 2017

Abstract
This chapter assesses the judicial efficiency of the ICC’s confirmation of charges proceedings. It reviews existing jurisprudence and addresses aspects of the adversarial nature of the proceedings, including disclosure and other procedural issues. It examines the impact of current practice on pre-trial preparation, the conduct of trials, and the overall duration of ICC proceedings. Particular emphasis is placed on the relationship between pre-trial and trial proceedings, including analysis of the post-confirmation modification of legal characterizations (Regulation 55 of the Regulations of the Court) and its importance for the design of the confirmation phase. The chapter concludes that future confirmation hearings and amendments should focus on judicial efficiency and the limited purpose of the hearing, which is submitting charges on trial or denying a confirmation on the basis of a considerably low legal threshold.
Arbitral Tribunal (Articles 6–12, Schedules 2 and 3)
Authors: Moser Michael , Bao Chiann 
Published: June 2017

Abstract
This chapter describes the framework for parties to appoint, remunerate, challenge, and replace arbitrators under the HKIAC Rules. Disputes submitted to HKIAC arbitration are generally determined by an arbitral tribunal of one or three arbitrators. The parties may agree on the number of arbitrators either before or after the dispute has arisen. The appointment procedures contain detailed provisions on the constitution of these one-member or three-member tribunals in cases involving two or more parties. In addition, the arbitrator fee mechanism offers parties a choice to remunerate the arbitral tribunal by reference to hourly rates or the sum in dispute. The challenge and replacement procedure prescribes specific timelines and grounds for a party to apply to remove an arbitrator.
Corruption in International Investment Arbitration
Authors: Llamzon Aloysius P 
Published: June 2017

Abstract
This text presents a study on corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means for effective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combat corruption are proposed. The book is divided into three parts. Part I focuses on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. The text identifies nine distinct trends emerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in ‘live’ issues of corruption within arbitral proceedings. Part III reflects on the implications of these trends for both the ‘supply’ and ‘demand’ sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.
Money Had and Received
Authors: Douglas Zachary , Bodnar Andrew 
Published: June 2017

Abstract
This chapter starts by giving an overview of the topic of money had, and money received. The common law action for money had and received requires the claimant to establish that, firstly, he originally had legal title to the money; secondly, the defendant received it and; thirdly, such receipt was unjust due to a vitiating factor. It is a claim based upon the unjust enrichment of the defendant at the claimant’s expense. The claim is one of strict liability and hence does not depend upon the fault of the defendant recipient. Actions for money had and received at Common Law are founded on the principles of following and Common Law tracing, which require the property itself to be capable of being followed or traced. However, once money is transferred through the banking system, particularly the international banking system, it very often becomes impossible to identify the particular funds which were originally received.
Certainty and Completeness
Authors: Furmston Michael , Tolhurst Gregory , Mik Eliza 
Published: June 2017

Abstract
This chapter discusses the issues of uncertainty and incompleteness in contract formation. A contract is said to be void if it is uncertain or incomplete. A term contained in the contract will be uncertain if it totally lacks meaning or if a court cannot determine the meaning the parties intended. Generally, a contract will be void for uncertainty if it is not possible to prescribe meaning to an essential term. A term will be incomplete if it does not adequately deal with an issue that has arisen under the contract and which falls within its subject matter. A contract will be void for being incomplete if any incomplete term or terms are essential to the contract and cannot be supplied by some gap-filling technique. The chapter also covers agreements to agree and agreements to negotiate, and methods by which the courts and the parties resolve uncertainty and incompleteness.
The Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 and the Global War on Drugs
Authors: Vogler Richard , Fouladvand Shahrzad 
Published: June 2017

Abstract
This chapter examines the origins of the global drug control regime that was established between 1961 and 1988, the cornerstone of which is the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 (the Trafficking Convention). It attempts to explain how the humanistic and philanthropic enterprise represented by the Trafficking Convention and supported by overwhelming international sentiment has become distorted by state policy and organised crime to become the source of wars, offending, disease, and loss of life on an unprecedented scale. It suggests that the unremittingly penal and prohibitive approach to the problem of illicit drugs represented by the Trafficking Convention has served only to magnify the criminality associated with drug trafficking and it concludes by considering the ways in which states have sought to escape from the Convention’s restrictions as well as investigating contemporary moves for reform.
The UN Convention against Transnational Organised Crime 2000
Authors: Boister Neil 
Published: June 2017

Abstract
Adopted in 2000 in Palermo, the UN Convention Against Transnational Organised Crime (UNTOC) has been neglected after an initial burst of academic interest. It requires states parties to promise to alter their law to enact a new range of offences as well as a range of procedural measures in order to suppress transnational organised crime (TOC). This chapter shows that, because of the inability to agree on a concept of TOC, the UNTOC is based on the concepts of commission of serious crime transnationally by organised criminal groups. These concepts play a role in the definitions of the UNTOC's four specific offences and as conditions for cooperation. The chapter concludes that the UNTOC is a flexible instrument that can be used against emerging criminal activity but this flexibility is also considered a weakness because it cannot be used to compel states parties to criminalize activities commonly associated with TOC.
The UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons 2000
Authors: Heintze Hans-Joachim , Lülf Charlotte 
Published: June 2017

Abstract
As ‘modern day slavery’ and one of the many forms of transnational crime, human trafficking demands an international response. The necessity of countering human trafficking comprehensively becomes apparent when looking at crimes committed, the numbers of people trafficked, and the billions criminal networks make by exploiting the vulnerable. As the pertinent legal instrument at the international level the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons can be considered the legal foundation and impetus for regional and national anti-trafficking legislation and implementing measures. This chapter analyses the UN Protocol and its regulations in detail and critically reflects on its implementation.
The United Nations Convention against Corruption and its Criminal Law Provisions
Authors: Kubiciel Michael , Rink Anna Cornelia 
Published: June 2017

Abstract
The United Nations Convention against Corruption (UNCAC) from 2003 marks the peak of a broad international development in the fight against corruption, which started in the early 1990s. In recent years, it has been signed and ratified by an overwhelming majority of states. Although the UNCAC is not just a criminal law convention, but encompasses a multitude of rules on prevention, asset recovery, and international cooperation, it also includes a comprehensive arsenal of criminal law provisions. This chapter explores the origin of the UNCAC as a whole and the background and scope of all its criminal law provisions, both mandatory and discretionary.
Transnational Organised Crime and the Illegal Trade in Endangered Species of Wild Fauna and Flora
Authors: Strydom Hennie 
Published: June 2017

Abstract
The involvement of international crime syndicates in the illegal trade in wild fauna and flora has taken on alarming proportions and presents a major law enforcement challenge for the international community. The message is that the states of the world are confronted with an increasing, complex, and difficult situation in successfully combating wildlife crime in many regions of the world, more so since transnational criminal operations pose a serious threat to the security, political stability, and economy of many countries, especially in the developing world. This chapter highlights the scope of the problem and investigates the enforcement potential and related issues associated with the implementation of the 1973 Convention on Illegal Trade in Endangered Species of Wild Fauna and Flora (CITES). In addition other relevant international and regional agreements for the combating of wildlife crime are dealt with.
Special Missions
Authors: Fox Hazel , Foakes Joanne 
Published: June 2017

Abstract
This chapter briefly looks into special missions. A ‘special mission’ is defined as a ‘temporary mission, representing the State, which is sent by one State to another State with the consent of the latter for the purpose of dealing with it on specific questions or of performing in relation to it a specific task’. The cost of maintaining permanent missions abroad and speed of travel has thence made special missions essential to the discussion and resolution of issues and protection of states’ interests in others’ capitals. This has resulted in the adoption of the New York Convention on Special Missions in 1969, which entered into force in 1985. The scale of facilities, privileges and immunities provided for in the Convention (Articles 22 to 49), provided in relation to permanent diplomatic missions by the VCDR, are discussed further in this chapter.
Theory and Practice of Multilateral Diplomacy
Authors: Parry Emyr Jones 
Published: June 2017

Abstract
This chapter considers the theory and practice of multilateral diplomacy. The multilateral approach to diplomacy became increasingly common post-1945. It was partly a generic consequence of the modern state system, and partly a response to the challenges of the post-war period when the Bretton Woods institutions and the United Nations were finding their place. This approach also became increasingly common as regional/global efforts grew to address issues which concerned many countries, and were not confined to the territory of one State. The realization that comprehensive solutions to certain challenges for a State could not be met by that State acting alone, but required cooperative action by several States, fuelled the need for multilateral approaches. Indeed the responses required cooperative action by many. Paradoxically this evolution of cooperative action was firmly anchored on the territorial integrity and the equality of States, while nevertheless helping to facilitate peaceful change.
Treaties and other International Instruments—IV Ratification, Accession, Acceptance and Approval, Treaty Succession
Authors: Berman Frank , Bentley David 
Published: June 2017

Abstract
This chapter concerns the expressions of consent made by parties to be bound by a treaty. This consent may be expressed by various means. The treaty itself may provide that it is to enter into force upon signature. In exceptional cases, the initialling of a text may also express the consent of the States concerned to be bound by it. Alternatively, the formal signature of the treaty may simply be postponed until the States concerned are all in a position to commit themselves. The very great majority of multilateral treaties, and a significant proportion of bilateral treaties are, however, nowadays concluded subject to ratification or some other process of subsequent confirmation, and it is to these processes that the chapter turns—ratification, accession, acceptance and approval, and treaty succession.
Treaties and other International Instruments—V Interpretation, Reservations, Termination, The Effect of War, Ius Cogens
Authors: Berman Frank , Bentley David 
Published: June 2017

Abstract
This chapter is devoted to certain miscellaneous aspects of the law of treaties. Treaty interpretation is the daily fare of international activity, and is also of considerable importance at the national level. In addition, the chapter shows how it is important to grasp what reservations are (and what they are not), and what effect they might have—these being difficult and delicate questions that arise both when a treaty is under negotiation and after its conclusion. Similarly, claims by States to terminate their treaty obligations are a frequent source of international friction. The same goes for claims that a treaty, or part of it, should be regarded as void, because it conflicts with a fundamental rule of international law (ius cogens). Finally, the effect of armed conflict on treaty rights and obligations may have immediate consequences for diplomats.
Advice To Diplomats
Authors: Roberts Ivor , Parry Emyr Jones 
Published: June 2017

Abstract
This chapter offers some practical advice for diplomats, especially in taking advantage of the society and technology available to them in modern times. It lays out the ideal characteristics that a diplomat ought to embody in order to carry out their tasks efficiently and with respect to the institutions that they are working with. In this vein, the chapter elaborates on a classic statement on the ideal diplomat—‘the Nicolson test’. Hereafter the chapter proffers more specific advice for engaging the advantages and challenges of modern diplomacy. It looks into such topics as multilateral diplomacy, the problems of protocol and precedence, conduct in public occasions, and internal differences.
The Limitations of Deposit Protection Systems
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
This chapter first analyses the moral hazard problem arising from the provision of deposit insurance. Moral hazard is a powerful force distorting market behaviour, which demands a variety of regulatory techniques, as well as market incentives, to neutralize its destabilizing effects. Corporate governance issues are also relevant, because banks’ internal controls and balances have a key impact on the extent of moral hazard. In addition to a well-designed deposit protection system, it is necessary to enlist the support of banking regulation and supervision to combat moral hazard. Drawing on the UK deposit protection system, the chapter presents a number of ambiguities inherent to the design and functions of a deposit guarantee scheme. It concludes that the existence of effective prudential regulation and supervision are prerequisites for deposit insurance.
European Banking Union
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
Having a multiplicity of financial regulators, supervisors, and resolution authorities in Europe can weaken supervision, heighten legal uncertainty, and impede effective resolution. European officials recently agreed that further steps are needed to tackle the specific risks in particular within the euro area, where pooled monetary responsibilities had increased the possibility of cross-border spillover effects in the event of bank crises. As a result, they created a union aimed to centralize bank supervision, deposit insurance, and bank resolution. This chapter sets out two components of the European banking union: single supervision, and single deposit insurance. Single resolution is separately discussed in Chapter 8, where international and European bank resolution frameworks are examined. The chapter concludes that deeper reforms are needed, in conjunction with effective cooperation arrangements.
The UK Special Resolution Regime
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
When designing a crisis management framework, a key decision for policymakers is whether to combine the deposit protection and bank resolution functions, or whether to create two separate bodies. This chapter sets out the United Kingdom’s approach to dealing with failing banks. In the United Kingdom, the deposit guarantee scheme, the Financial Services Compensation Scheme, is a separate institution from the resolution authority, the Bank of England, and the banks’ prudential supervisor, the Prudential Regulation Authority. The Banking Act 2009 provides for a framework within which the PRA, Bank of England, HM Treasury, and FSCS work closely with each other prior to and during a bank failure.