bluuebunny/crossref_metadata_2025_split huggingface dataset:
Judges’ Separate and Dissenting Opinions
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter discusses two types of statements that judges may append to a decision under the stipulations of Article 57 of the Statute. This is not an obligation, nor is there any reward other than intellectual satisfaction. Moreover, the article in fact refers simply to ‘a separate opinion’, but the practice of the two successive Courts has been that the judge entitles their opinion a ‘separate opinion’ if they agree with the decision, or a ‘dissenting opinion’ if they do not. The non-statutory term ‘declaration’ is also used: according to the Rules of Court, this is intended for the situation where the judge ‘wishes to record his concurrence or dissent without stating his reasons’. In practice, however, it has come to be used as a sort of catch-all title for brief statements, or opinions which are not clearly either the one thing or the other.
Introduction
Authors: Fischlin Andreas , Ivanova Maria 
Published: August 2024

Abstract
This introductory chapter describes how science and politics have influenced the Paris Agreement. While science had played a fundamental role for the United Framework Convention on Climate Change (UNFCCC or ‘the Convention’) from the start, its role became particularly significant during the preparation of the Paris Agreement. Here, a new science-policy interface enabled improved collaboration between the scientific community spearheaded by the Intergovernmental Panel on Climate Change (IPCC) and the policy community generally and negotiators more specifically. The structured expert dialogue of the 2013–2015 review of the UNFCCC was pivotal in this regard, and it was effectively synchronized with the negotiation process for the 2015 Paris Agreement. The second half of this chapter then traces the political and socio-economic changes that affected the climate regime and ultimately led to the successful Paris Agreement.
Safeguarding Intangible Cultural Heritage
Authors: Arantes Antonio 
Published: August 2024

Abstract
This chapter reflects on ‘safeguarding’ as an action, such as described in Article 2(3) of the 2003 Convention. This action provides conceptual and practical parameters of central importance to the implementation of that treaty since it addresses what Article 1 sets out as the first of its purposes, namely ‘to safeguard the intangible heritage’. As such, this chapter contends that the safeguarding of intangible heritage cannot be properly comprehended without considering its constitution as a State policy, global in scale, regulated by a multilateral public agency, UNESCO. This means that its description requires paying attention to its specific modus operandi, the scope of its application in the geopolitical sphere formed by the States Parties, and the effects of its regulatory nature. Under these conditions, safeguarding participates in the cultural dynamic of the diverse social realities contained in this ample universe. In examining the action of safeguarding, therefore, this chapter keeps in mind the transformations that have shaped the trajectory of this policy, the power relations present in their implementation, and the infinite socio-cultural diversity to which this practice refers, and which is affected by it in distinct ways around the world. Finally, the chapter comments on some of the themes that traverse various articles of the treaty to delimit the parameters that constitute the core of this new modality of heritage action.
Defining States
Authors: Shyllon Folarin 
Published: August 2024

Abstract
This chapter concerns the ‘States Parties’. States Parties are countries that have ratified or acceded to a treaty, and are therefore legally bound by the provisions of the treaty. Treaties generally specify in their final clauses the categories of States, organizations, or other entities that may become a party to it. Treaties may be open to participation by ‘all States’ or ‘any State’. The ICH Convention like other UNESCO cultural heritage treaties adopts the ‘Vienna formula’. The formula in question permits participation in a treaty by Member States of the United Nations, Parties to the Statute of the International Court of Justice, and States Members of specialized agencies or, in certain cases, by any other State invited by the General Assembly to become a party.
Relationship to Other International Heritage Instruments
Authors: Lixinski Lucas 
Published: August 2024

Abstract
This chapter focuses on paragraph a of Article 3. Article 3 of the ICHC discusses the relationship between the ICHC and other regimes of international law. Paragraph a of this article is centred on thinking about the ICHC in the context of the field of international heritage law, and particularly its relationship to the World Heritage Convention (‘WHC’). In doing so, the ICHC attempts to preserve the logic of ICH (that is, a focus on a cultural process). At the same time, it suggests that other manifestations of heritage can be interpreted and safeguarded in light of the ICHC and its precepts.
Other Measures for Safeguarding
Authors: Vaivade Anita 
Published: August 2024

Abstract
This chapter examines Article 13. It shows how Article 13 of the 2003 Convention altogether encourages States Parties to proceed with policy development and implementation, as well as building institutional competencies and capacities, continuously involving communities, groups and individuals concerned, as well as relevant non-governmental organizations in these processes, and respecting their interests. States Parties may be directly focused on intangible cultural heritage safeguarding, as well as deal with related issues in diverse fields of policy. In either case, States Parties are encouraged to develop policies that would aim to promote the function of the intangible cultural heritage in society. States have diverse cultural, social, and political contexts and present needs for intangible cultural heritage safeguarding, as well as different histories and legacies of the past. All these aspects are of relevance when making choices for a national policy, and eventually legislation, aiming to ensure the viability of ICH in a State’s territory. Overall, Article 13 invites States Parties to consider some grounding aspects of the Convention - namely, the importance of the national level for the implementation of this Convention, and the challenge to integrate intangible cultural heritage safeguarding issues in diverse related fields of policy development. In this respect, although the choices at national level in different States Parties are necessarily to be diverging, it is valuable to exchange experiences to learn from.
Listing Intangible Cultural Heritage
Authors: Lenzerini Federico 
Published: August 2024

Abstract
This chapter looks at the listing mechanism established by the 2003 ICHC. It reveals that the need to manage the listing system so as to avoid the establishment of any kind of hierarchy was generally agreed upon during the negotiations leading to the adoption of the 2003 Convention, but in the end such a system was considered the most effective to ensure appropriate safeguarding for ICH. Indubitably, the presence of the lists ensures better visibility for the Convention, especially outside the limited circle of experts in the field. Furthermore, the two lists make the international system of safeguarding of ICH more concrete than it might be in the case that they did not exist, make the Convention more likely to attract the consent of a high number of States, and help in fostering awareness-raising of the significance of ICH which is decisive for the realization of the purposes of the Convention. Last but not least, the listing system ensures consistency with the duty for States Parties to draw up inventories of the ICH present in their respective territories.
Co-operation
Authors: Chechi Alessandro 
Published: August 2024

Abstract
This chapter offers commentary on Article 19. The article aims at fostering ‘international cooperation’, which is one of the purposes of the 2003 Convention as set out in Article 1(d). Article 19 focuses on the cooperation among States Parties. It reflects the calls for the safeguarding of ICH through the adoption of cooperative initiatives that are contained inter alia in the UNESCO Declaration of Principles of International Cultural Co-operation, the Declaration on Cultural Policies issued at the World Conference on Cultural Policies (MONDIACULT), and in the UNESCO Recommendation on the Protection of Traditional Culture and Folklore. As such, Article 19 reiterates the view that the international community has a great interest in the intangible heritage worldwide given the threats posed by globalization.
Intangible Cultural Heritage Fund
Authors: Jakubowski Andrzej 
Published: August 2024

Abstract
This chapter addresses the establishment and operation of the Intangible Cultural Heritage Fund (‘the Fund’). It first examines the purpose and nature of the Fund, which is to provide international assistance to States Parties of the Convention in their efforts to safeguard ICH. Next, the chapter discusses the resources of the Fund, i.e. its income, which comes from two main groups of sources: contributions by State Parties, voluntary supplementary contributions and interest due to the resources of the Fund. This chapter also discusses other funds available for the implementation of the 2003 Convention as well as the penalty imposed on States Parties for failure to contribute to the Fund. Finally, the chapter deals with the management and expenditure of the Fund.
Formation of the Notion of ‘Safeguarding’ Adopted by the 2003 Convention
Authors: Arantes Antonio 
Published: August 2024

Abstract
This chapter considers how the expression, ‘safeguarding intangible cultural heritage’, was formed within the context of transformations in the instruments and strategies for protecting cultural elements that have usually been designated as ‘folklore and traditional (and popular) culture’. The trajectory of this policy since the mid-twentieth century mapped a winding path of dialogues with and divergences from everyday notions and preservationist culture. The chapter explores this path as a means to comprehending the factors that differentiate safeguarding from other dispositifs employed to protect cultural elements. It also examines this path in relation to which it acquires specificity, meaning, and scope. In this process, political and conceptual possibilities for social engineering were envisaged and discarded, choices were legitimized and, no less importantly, networks were created, formed by actors and narrators of the trajectory that would eventually lead to designing the ICH Convention.
The Law of International Human Rights Protection
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. This book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one hand, and economic, social, and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.
The Legal Nature of Human Rights Obligations
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter considers the question of how human rights obligations are fulfilled. This complex question can be addressed either from the perspective of the duty bearers, i.e. those bound by human rights obligations, or from the perspective of rights holders. The two approaches are combined in an exposition of three different facets of the question: (1) Who owes obligations to whom? The purpose of this question is to identify, on the one hand, human rights duty bearers and, on the other, human rights holders. (2) What is the content and scope of these obligations? This raises the issue of the different categories of human rights obligations and the directly related issue of the extent to which rights may be restricted. (3) Who has a right to what, where and when? This question addresses the scope of application of human rights in personal, substantive, territorial, and temporal terms.
Charter Based Bodies
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter deals with the Charter-based bodies tasked with the protection of human rights. Among these is the General Assembly, which holds a discussion on human rights issues each year through its Third Committee, based on reports submitted to it by the High Commissioner on Human Rights and some of the Special Procedures mandate holders and treaty bodies. The General Assembly also adopts the text of human rights declarations and conventions on human rights that are prepared either by the Human Rights Council or by another of its subsidiary organs. Several other bodies, such as the Office of the United Nations High Commissioner for Human Rights as well as the Commissions on the Status of Women and on Crime Prevention and Criminal Justice are entrusted with specific mandates relevant for the protection of human rights.
Protection of Human Integrity: Prohibition of Torture and of Enforced Disappearance
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter discusses the prohibition of torture and inhuman or degrading treatment or punishment and the prohibition of enforced disappearance of persons. International human rights treaties contain a range of guarantees designed to safeguard the individual's physical and mental integrity. The prohibition of torture and inhuman or degrading treatment or punishment proscribes serious interference with a person's physical or mental integrity that can negate the very basis of human dignity by traumatizing its victim. Thus, the ban on torture occupies a special position in international human rights law and has the status of an absolute and non-derogable norm in all treaties. A particularly offensive form of cruelty is the widespread practice of enforced disappearance, i.e. deprivation of a person's liberty by or with the knowledge of state agents while denying that the person is in their custody. This crime not only breaches the prohibition of inhuman treatment but grossly violates or threatens other fundamental human rights.
Protection of the Human Person in the Economic Sphere
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
Economic activities have become a fundamental aspect of the human existence. They are a necessary means to earn an adequate standard of living; many persons also find satisfaction and fulfilment in exercising professional activities. Private property may contribute to securing an adequate standard of living and contribute to individual development. At the same time, the economic sphere can be a source of exploitation of individuals which, in extreme cases, may amount to forced labour and modern forms of slavery. This chapter deals with protection from these worst forms of economic exploitation. It provides a short overview on the right to work and human rights protection of workers followed by a discussion of property related rights.
Protection from Unfair Trials
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter discusses the right to protection from unfair trials. Access to justice is a central pillar of the rule of law. However, while a disorganized and ineffective judiciary is certainly not conducive to the protection of rights, a highly efficient and effective judicial system can become a powerful weapon in the hands of an authoritarian government unless it adheres to the basic tenets of international human rights law. Therefore, justice in the sense of fair and reasonable outcomes of legal disputes cannot be done unless (i) people have at least access to dispute resolution mechanisms, in particular competent courts and tribunals; (ii) judicial institutions are impartial and independent; and (iii) their procedures are fair and respect the equality of everyone in judicial proceedings. As procedural fairness is particularly important for persons facing criminal charges, human rights conventions enshrine particularly detailed procedural guarantees applicable to criminal trials.
Mediation and the Settlement of International Investment Disputes
Authors: Titi Catharine 
Published: August 2024

Abstract
Investment cases settled through mediation represent only an inconsequential fragment of international investment disputes. But recent developments show that alternative dispute resolution (ADR) is gaining traction at a time when the traditional system of investor-state dispute settlement (ISDS) brims with critiques and efforts are made to reform it. Although investment treaties often make provision for amicable dispute settlement, including mediation, as a precondition to arbitration, the relevant clauses tend to impose waiting periods rather than an actual obligation to pursue dispute resolution in ADR. Numerous investment treaties do not give the parties’ advance consent to mediation. The chapter argues that investment mediation could be a helpful tool to resolve some investment disputes, although the role of advance consent in this context does not have the significance it has for arbitration. But the limitations of mediation must also be borne in mind. Where the relationship between the disputing parties has entirely disintegrated, mediation is unlikely to prove to be a workable solution, and can add to the costs and time necessary to settle the dispute. But there is a strong argument to be made in favour of encouraging mediation as a complimentary, non-binding option in investment treaties.
Concurrent Co-Mediation
Authors: Coe Jack J 
Published: August 2024

Abstract
Tested by an avalanche of disputes, investment treaty arbitration has proved to be imperfect. Critics argue, with some justification, that the system relies on, and continues to produce, jurisprudence that is indeterminate, and that the arbitral mechanism in use is slow, expensive, and highly combative. Being a type of arbitration, moreover, it produces a winner and a corresponding loser; that potential for zero-sum outcomes poses risks to disputants on both sides and is particularly inappropriate for certain kinds of cases. Interest in reforming the prevailing investor-state disputes regime has led to consideration of third-party assisted non-arbitral problem-solving, and in particular mediation (conciliation). Most often, what is envisioned is the use of mediation as a process that supplements arbitration in some fashion. Examining a variation of the usual model, this chapter considers ‘concurrent (or ‘shadow’) mediation’, a methodology under which one or more third-party neutrals pursue collaborative problem-solving efforts that coincide, on a coordinated basis, with arbitration. The mediation element would be triggered by prompts in the investment treaty involved and supported by the rules available to the parties through an administering institution or otherwise. The discussion explores in particular a model that employs two mediators, rather than one, an approach variously referred to as ‘team mediation’ or ‘co-mediation’. The chapter concludes that the involvement of concurrent co-mediation would most likely add to settlement rates, and reduce overall costs to the disputants, while producing outcomes that are legitimate and durable.
The ICSID Conciliation Rules in Practice
Authors: Nitschke Frauke 
Published: August 2024

Abstract
The International Centre for Settlement of Investment Disputes (ICSID) is most known for its arbitration caseload; however, the ICSID Convention and the ICSID Additional Facility Rules also envision the settlement of investment disputes through conciliation proceedings. This chapter provides an overview of the ICSID Conciliation process, from the filing of a request for conciliation, its registration, to the constitution of the conciliation commission, and the conduct of the conciliation procedure, including the outcomes of ICSID conciliation proceedings to date. The chapter further examines the application of the Conciliation Rules under the ICSID Convention and the ICSID Additional Facility Rules by the respective conciliation commissions, thereby providing an unprecedented review of ICSID conciliation practice. Taking into account past practice, it then discusses the amendments proposed by the ICSID Secretariat to the ICSID conciliation framework. Where suitable, the chapter includes quantitative analysis of the ICSID conciliation caseload. It closes by looking at the future of the ICSID conciliation procedure, and reviews the centre’s activities in the area of investor-state mediation.
Political Risk Insurance and Mediation
Authors: Hobér Kaj 
Published: August 2024

Abstract
For an investor there are several ways to protect itself against political risk. A direct and effective method of obtaining such protection is to purchase political risk insurance. Two of the leading public providers of political risk insurance are the Multilateral Investment Guarantee Agency (MIGA) and the Overseas Private Investment Corporation (OPIC). There are also several private providers of such insurance. The insurance arrangement agreed upon is governed by contracts and/or treaties. This contribution seeks to explore the role that mediation could play to resolve disputes between different stakeholders in a political risk insurance arrangement. It identifies four scenarios where mediation could be used to settle disputes among the involved parties.
The Treaty on the Prohibition of Nuclear Weapons
Authors: Casey-Maslen Stuart 
Published: August 2024

Abstract
This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. The treaty is examined article by article, with discussed of how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is also provided.