bluuebunny/crossref_metadata_2025_split huggingface dataset:
Diplomacy—a Short History from Pre-Classical Origins to the Fall of the Berlin Wall
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter provides the historical context underpinning this study. It elaborates on the definition of the term ‘diplomacy’—the conduct of business between States by peaceful means—at the same time dispelling misconceptions regarding the term, as well as discussing its origins. Aside from that, the chapter largely focuses on a historical background of diplomacy as a whole, beginning from the earliest practices of sending emissaries to open negotiations. These origins may in fact go back at least as far as the Great Kings of the Ancient Near East in the second, and possibly even as early as the late fourth millennium BC, to the cuneiform civilizations of Mesopotamia. From there, the chapter maps out this history through the Renaissance period to the beginnings of classical European diplomacy, and later on to the two World Wars and the post-war world.
The Appointment and Functions of Consuls
Authors: Foakes Joanne , Denza Eileen 
Published: June 2017

Abstract
This chapter discusses the appointment and functions of consuls. Consuls have over recent decades become closely assimilated to diplomats in the manner of their appointment and in many of the functions they perform, though not in the methods whereby they carry out these functions. The origins and history of consuls and consular posts are however quite distinct from those of diplomats and diplomatic missions. In modern practice, consuls are appointed by the government of a State to protect the practical, legal, and commercial interests of its own nationals in another State. Their contacts for this purpose with the host State are with regional, local, or police authorities rather than with the ministry of foreign affairs or other departments of central government.
The Diplomatic Mission, The Corps, Breach of Relations, and Protection of Interests
Authors: Foakes Joanne , Denza Eileen 
Published: June 2017

Abstract
This chapter describes the diplomatic body and its various protocols. The diplomatic body (corps diplomatique) comprises the heads and the diplomatic staff of all the missions accredited to a particular receiving State. The corps diplomatique has no legal personality or formal constitution. In most major capitals a diplomatic list, based on the notifications of appointments, arrivals, and departures required from missions under Article 10 of the Vienna Convention on Diplomatic Relations (VCDR), is published by the ministry of foreign affairs. The list may also include spouses and members of the families of heads of mission and diplomatic staff. Where one or more international organizations have their headquarters in a capital there may be additional diplomatic bodies consisting of the permanent representatives to each organization.
Other International and Regional Organizations
Authors: Roberts Ivor 
Published: June 2017

Abstract
This chapter explores other pertinent international and regional organizations not explored in Chapter 20. These are: the Commonwealth, the North Atlantic Treaty Organization (NATO), the Council of Europe, the Organization of American States (OAS), the African Union (AU), the Association of South-East Asian Nations (ASEAN), the Francophonie, the Arab League, the Organization of Islamic Cooperation (OIC), the Gulf Cooperation Council (GCC), and the Organization for Security and Co-operation in Europe (OSCE). These organizations are formed with myriad goals in mind: for economic and trade purposes, for exercising human rights, for ensuring security, among others. The organizations explored in this chapter also encompass a diverse set of regions and geographies. Each organization is discussed here in terms of its structures, influence, historical backgrounds, membership, and functions.
Prevention and Management of Conflict and Settlement of Disputes
Authors: Parry Emyr Jones 
Published: June 2017

Abstract
This chapter discusses international conflict resolution. Conflict-related issues occupy a spectrum, ranging from its absence (peace); through emerging conflict, actual conflict or war, and ending hostilities; to the challenge of building stable, peaceful societies and States. Inter-State war has diminished since 1945, partly because of the system of international peace preservation put in place, primarily through the United Nations, and perhaps because such conflict is less likely with more democratically elected governments of States participating in the international trade and financial system. But conflict within States remains potent, with armed non-state actors being a frequent characteristic. Thus this chapter presents an overview of conflict prevention and management, covering topics such as negotiations, peacebuilding, mediation, and so on.
Deposit Protection and Bank Resolution
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
The 2007–08 global financial crisis proved that the interests of bank depositors are inadequately protected. Although a vast expansion in deposit protection systems around the world followed, our understanding of the impact of those systems and their interaction with bank resolution is still in its infancy. The focus of bank resolution studies has been on the largest systemically important banks, which have wholesale creditors who would be bailed in, leaving retail depositors untouched. However, many banks rely mostly on deposits for financing, and the number of banks of this form is expected to increase. This book aims to explain and provide current material analysis of deposit protection and bank resolution regimes. The analysis is based on an examination of the traditional rationales for creating deposit insurance and bank resolution, and a specific study of the UK, EU, and US legal frameworks. It aims to offer an analysis of this topic and to cover all relevant regulations, from its origins to its most recent developments, in a systematic and thorough way. It approaches the much-desired objective of financial stability from a different angle: that of depositor protection. This book comprises ten chapters, analysing: the rationales for creating a deposit protection system; the limitations of deposit protection systems; the European deposit insurance framework; the European banking union; recent cases on deposit guarantee schemes; international standards on deposit insurance; the UK deposit insurance framework; international and European regulatory developments on bank resolution; the UK Special Resolution Regime; and the US paradigm.
Rationales for Creating a Deposit Protection System
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
A deposit protection system’s rationale is a key starting point in understanding its design and role within a financial safety-net system. A weighting towards the’ protection of depositors’ objective implies a system with a low coverage level, while a weighting towards promoting financial stability will lead to high coverage levels. The objective of depositors’ protection often means the existence of a ‘pay box’ mandate, while financial stability requires broader powers for the deposit insurer in addition to its payout mandate. This chapter uses the UK regulatory regime as its main reference point and tries to explore the full potential of an effective deposit insurance system.
The European Deposit Insurance Framework
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
The euro’s launch in 1999 accelerated the integration of Europe’s financial markets. Upheavals in the banking sector and debt markets since 2007 have, however, both reinforced (regulatory and supervisory reforms) and halted (government protectionism) this development. The latter ‘renationalization’ process was accentuated by the enormous amounts of state aid that national governments channelled to banks through public loans, capital injections, and guarantees. The European Union consequently faced two equally important and complex challenges—plugging regulatory and supervisory gaps to prevent future crises, while limiting the economic damage of the crisis—which the chapter reviews from a depositor protection perspective. The chapter examines the guiding 1994 Deposit Guarantee Schemes Directive, and identifies relevant regulatory and supervisory reforms that have taken place since 2007, including the 2014 recast Directive and creation of the European Banking Authority. It concludes by offering an overview of the main critiques of these regulatory and supervisory developments.
The UK Deposit Insurance Framework
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
The Financial Services Compensation Scheme, the UK’s deposit insurer, has been subject to a broad overhaul during the last few years. This chapter divides these regulatory developments into three phases: (a) the creation of the first explicit deposit protection scheme; (b) the series of reforms that took place in 2000 and the creation of the FSCS as a single protection scheme for financial institutions; and (c) the post-2007 era during which main changes include the creation of the Prudential Regulation Authority and Financial Conduct Authority as two separate regulators, and further strengthening of deposit insurance arrangements. The chapter concludes that key deposit insurance design reforms are still missing from the UK regime.
International and European Regulatory Developments on Bank Resolution
Authors: Kleftouri Nikoletta 
Published: June 2017

Abstract
This chapter sets out the international standards for effective bank resolution regimes, as well as the Bank Recovery and Resolution Directive, which establishes a European framework for the recovery and resolution of banks and large investment firms. Other relevant European regulatory developments are also examined, including the European Commission state aid rules, the Single Resolution Mechanism Regulation, and the European Commission proposal for structural reforms in relation to banking groups. It concludes that although only a few jurisdictions have resolution regimes in place that are fully, or almost fully, aligned with the Financial Stability Board standards, the work undertaken in connection with the design and implementation of recovery and resolution planning requirements by all global systemically important banks represents a major regulatory success.
Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, [1949] ICJ Rep 174
Authors: Wessel Ramses A 
Published: June 2017

Abstract
Legal personality has become a key—and much debated—issue in the law of international organizations. The popular narrative presents the possession of legal personality as a necessary requirement for international organizations to act in a legal sense. Also in the classic case under review here, the Court basically argued that in order for it to be able to assess the possibility of bringing a claim, it should first establish whether the organization has legal personality. At the same time, these days international personality is seen as a characteristic of an international organization. This chapter discusses these issues and also places them in their current context.
Maclaine Watson & Co. Ltd v International Tin Council, 26 October 1989, United Kingdom House of Lords, 81 ILR 670
Authors: Palchetti Paolo 
Published: June 2017

Abstract
This judgment constitutes one of the most authoritative precedents on the question concerning responsibility of members for acts of the organization. The House of Lords denied the existence of a rule of general international law according to which, in the absence of an express provision in the constitutive treaty excluding the responsibility of the members, they are responsible, jointly and severally, for the breach by the organization of its obligations to third parties. According to the House of Lords, the separate legal personality of an international organization precludes that the members can be held responsible, due to their membership, for the conduct of the organization. The judgment also addresses the question of whether the effects stemming from the possession of a separate legal personality have to be determined by reference to international law or by reference to the domestic law of the forum state.
Legality of the Use by a State of Nuclear Weapons in Armed Conflict International Court of Justice, Advisory Opinion of 8 July 1996, [1996] ICJ Rep 66
Authors: Burci Gian Luca , Quirin Jakob 
Published: June 2017

Abstract
The International Court of Justice advisory opinion of 8 July 1996 that responded to a request from the World Health Organization contains important guidance on the delimitation of competence and co-ordination of international organizations, in particular those forming part of the UN system. The Court held by eleven votes to three that it did not have jurisdiction to give the advisory opinion ‘which was requested of it’. The opinion marks an important step in the Court’s jurisprudence in that it focusses not on an expansion of competence of international organizations as previous ICJ jurisprudence, but rather on the limits of this competence. The opinion is a succinct reminder of the tension between the goal to effectively and efficiently ‘divide labour’ between the mandates of the UN and the specialized agencies and the relative lack of mechanisms to enforce this division of labour.
Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya Arab Jamahiriya v United States of America), Request for the Indication of Provisional Measures, Order of 14 April 1992, [1992] ICJ Rep 114
Authors: Davies-Bright Lydia , White Nigel D 
Published: June 2017

Abstract
The case presented the International Court of Justice with the possibility of reviewing the legality, or at least the legal effects, of a Chapter VII resolution of the Security Council in contentious proceedings brought by Libya arising out of its refusal to extradite two Libyan agents suspected by the US and UK of being responsible for the 1988 bombing of a Pan Am plane over Lockerbie in Scotland. The case did not reach the merits state but the earlier judicial stages, highlighted in this chapter, suggested that the judicial arm of the UN might have been prepared to review the actions of the executive arm.
Conditions of Admission of a State to Membership in the United Nations (Article 4 of the Charter), Advisory Opinion, [1948] ICJ Rep 57; Competence of the General Assembly for the Admission of a State to the United Nations, Advisory Opinion, [1950] ICJ Rep 4
Authors: Fry James D , Chong Agnes 
Published: June 2017

Abstract
Statehood traditionally has been determined by reference to the Montevideo Convention criteria. However, more recently, many commentators have come to see collective recognition through UN membership as the main avenue to statehood, a view supported by the extraordinary efforts taken by emerging states to gain UN membership. Only states can be UN members, and so UN membership is the ‘badge’ of statehood, or so the argument goes. In light of this shift to collective recognition through UN membership, the two ICJ advisory opinions gain particular importance. In responding to the political stalemate in the Security Council over admission of new UN members, the ICJ insisted on adhering to the legal rules of the UN Charter concerning admission, which is one of the main lessons of these advisory opinions. However, politics ultimately prevailed over the law when resolving the stalemate, which might be the more important lesson.
Youssef Nada v State Secretariat for Economic Affairs and Federal Department of Economic Affairs, Administrative Appeal Judgment, Case No. 1A 45/2007, Switzerland, Federal Tribunal, 14 November 2007, 133 BGE II 450; ILDC 461 (CH2007)
Authors: Tzanakopoulos Antonios 
Published: June 2017

Abstract
This case-note discusses the pertinent aspects of the Swiss Federal Tribunal’s decision in the Nada case, where the Tribunal was invited to review sanctions imposed by the United Nations Security Council against Youssef Nada. In a decision closely mirroring the approach of the General Court of the European Union (back then still called the Court of First Instance) in the first Kadi case, the Tribunal accepted to review Security Council sanctions only against the high threshold of jus cogens, and confirmed the legality of the sanctions, leading Nada to bring a case against Switzerland before the European Court of Human Rights.
Case No. IT-95-9-PT, Decision on the Motion for a Judicial Assistance to be Provided by SFOR and Others, Trial Chamber of the International Criminal Tribunal for the former Yugoslavia, 18 October 2000
Authors: van der Wilt Harmen 
Published: June 2017

Abstract
This commentary concerns a decision by the International Criminal Tribunal for the former Yugoslavia in the Simić case that addressed the question whether the Tribunal could issue binding orders to international organizations like SFOR (Stabilization Force). Following the Blaskić-precedent that decided on a similar issue in respect of states—and applying this precedent by analogy—the Chamber concluded that it was authorized to do so. The appearance and testimony of a SFOR-official was necessary in order to shed light on the alleged abduction of Mr Todorović prior to his surrender to the Tribunal. By summoning the witness to the court, the Chamber acknowledged that irregularities during pre-trial investigations might have procedural consequences. The commentary engages in a brief discussion of the case law of the Tribunal on the topic, noting that, while the Tribunal is not much concerned about state sovereignty, it takes the fundamental rights of accused seriously.
Westland Helicopters Ltd v Arab Organization for Industrialization, United Arab Emirates, Kingdom of Saudi Arabia, State of Qatar, Arab Republic of Egypt, and Arab British Helicopter Company, Arbitration, 5 March 1984, 80 ILR 600
Authors: Ahlborn Christiane 
Published: June 2017

Abstract
This chapter treats the arbitration between Westland Helicopters Ltd and the Arab Organization for Industrialization (AOI) as well as its member states. After several AOI member states decided to dissolve the organization in 1979, Westland Helicopters Ltd filed a request for arbitration before the International Chamber of Commerce, claiming damages for non-fulfilment of contractual obligations. The Westland Helicopters arbitration is the first case in which a dispute settlement body had to decide on the possible responsibility of states for the wrongful acts of an international organization. While the Arbitral Tribunal in Westland Helicopters decided to hold AOI member states responsible alongside the international organization, Swiss courts later reversed this decision. The Westland Helicopters cases thus foreshadowed the debate, including many of the recurrent arguments, on whether and when the corporate veil of an international organization should be pierced.
Bosphorus Hava Yollari Turizm veTicaret Anonim Sirketi v Ireland, App. No. 45036/98, European Court of Human Rights, 30 June 2005
Authors: Lock Tobias 
Published: June 2017

Abstract
In Bosphorus the ECtHR introduced the so-called Bosphorus presumption: if a member state of an international organization acted in compliance with an obligation arising from its membership and had no discretion, there is a rebuttable presumption that the member state has complied with its obligations under the ECHR provided that the organization itself ensures a protection of fundamental rights equivalent to what the Convention requires. The Court considered that the European Union met this test. If an organization provides equivalent protection, the presumption can be rebutted, but only if this protection was manifestly deficient in the concrete case. By formulating the presumption the ECtHR showed a great deal of respect for the European Court of Justice and placed the relationship between the two European courts on relatively solid ground. A number of questions remain, however.
Gasparini v Italy and Belgium, App. No. 10750/03, Admissibility Decision, European Court of Human Rights, 12 May 2009
Authors: Lock Tobias 
Published: June 2017

Abstract
The significance of Gasparini lies in the manner in which it applies the Bosphorus presumption to an organization (NATO) that is not the European Union. Furthermore it introduces important distinctions regarding the requirement of state involvement as a precondition for an alleged violation to have arisen within the jurisdiction of the respondent state. Refining some of its earlier case law (Connolly and Boivin), the ECtHR drew a line between actual decisions by the organization and deficiencies in the protection of fundamental rights, rooted in a structural lacuna of the internal mechanism for conflict resolution. Where a structural lacuna exists, the violation is attributable to the member state even though organs of the respondent member state were not immediately involved in the violation.
Mukeshimana-Nguilinzira and ors. v Belgium and ors., Brussels Court of First Instance, ILDC 1604 (BE 2010), 8 December 2010
Authors: Ryngaert Cedric 
Published: June 2017

Abstract
In Mukeshimana, the Brussels Court of First Instance held that a decision to evacuate a compound in Rwanda, occupied by the Belgian military in the framework of an UN peace operation, was attributable to Belgium, and could engage Belgium’s responsibility. After the evacuation, Interahamwe militia killed most persons who had sought refuge on the compound. The Court fails to provide proper conceptual arguments for such attribution, limiting itself to stating that the case should be distinguished from the Behrami decision of the European Court of Human Rights. Arguably, Mukeshimana should have been based on the effective control standard as laid down in art. 7 of the Draft Articles on the Responsibility of International Organizations for Internationally Wrongful Acts, and as applied by Dutch courts in the Srebrenica litigation against the Dutch State.
Manderlier v Organisation des Nations Unies and Etat Belge (Ministre des Affaires Etrangères), Tribunal Civil de Bruxelles, 11 May 1966, Journal des Tribunaux, 10 December 1966, No. 4553, 121
Authors: Schmitt Pierre 
Published: June 2017

Abstract
This 1966 case constitutes one of the first cases in which UN immunity from jurisdiction was challenged. Apart from the question whether the UN had legal personality under domestic law, all other arguments raised by the plaintiff in this case—seeking to restrict UN immunity from jurisdiction—are still debated nowadays before domestic jurisdictions. The Brussels Civil Tribunal notably examined whether the UN’s immunity was conditional upon the latter’s respect of art. VIII, Section 29 of the Convention on Privileges and Immunities of the United Nations, whether the immunity could be rejected in favour of a human rights argument based on the right of access to justice, and whether it could only be invoked in relation to actions or situations that were necessary for the UN to achieve its goals. Finally, it assessed the existence of a waiver in this particular case.