bluuebunny/crossref_metadata_2025_split huggingface dataset:
General Principles of Law and International Due Process
Authors: Kotuby Jr Charles T , Sobota Luke A , University of Pittsburgh School of Law Center for International Legal Education (CILE) 
Published: August 2024

Abstract
Article 38 of the Statute of the International Court of Justice (ICJ) defines “international law” to include not only “custom” and “convention” between States but also “the general principles of law recognized by civilized nations” within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on the general principles, identifying core legal principles common to various domestic legal systems across the globe. With the growth of inter-state intercourse, the use of general principles has dramatically increased over the past 60 years. In addition to the ICJ, international law is now regularly applied by domestic courts and international arbitral tribunals in myriad settings. General principles of international law can serve as rules of decision, whether interpreting investment defined in treaties or contracts, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng’s writing. In one volume, it collects and distills these principles and norms as a practical resource for international law jurists, advocates, and scholars.
Human Rights and World Public Order
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
In 1980, the original edition of this book was published to present a “comprehensive framework of inquiry” from which to approach international human rights law and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this new edition explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book summarizes important trends in contemporary human rights, such as the clarification of a third generation of human rights (human solidarity rights); the emergence and development of the concept of human security and of a comprehensive global bill of human rights; the evolution from state sovereignty to the responsibility to protect; the enforcement of individual criminal responsibility for violations of human rights norms; and the vital role played by civil society. Special focus is given to the globalizing effects of technology and interconnectedness as well as the growing role of the individual in the processes of authoritative decision and effective power. The book also considers probable future developments for human rights and world public order and concludes with a proposal for “a grand strategy of simultaneity” for realizing a world community of human dignity and human security.
Claims Relating to Fundamental Freedom of Choice
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter considers claims relating to fundamental freedom of choice, focusing on three three practices that are incompatible with the basic policies of freedom of choice and equality of opportunity essential to human dignity: slavery, caste system, and apartheid. It first provides a factual background on slavery, caste, and apartheid before discussing the basic community policies that condemn them as well as trends in the formulation and clarification of prescriptions designed to end each one of them. In particular, it discusses international efforts to eradicate all forms of slavery (for example, the Economic and Social Council’s Resolution 1695 [LII]) and to eliminate caste (for example, Article 2 of the United Nations’s Universal Declaration of Human Rights). It also examines the various sanctioning measures designed to eradicate apartheid in South Africa.
The Outlawing of Sex-Based Discrimination
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter focuses on the concern of the larger global community for outlawing sex-based discrimination. It begins with a factual background on discriminations based upon sex, which generally accord women less favorable treatment than men and deny them the protection and fulfillment of human rights on an equal footing with men. In particular, it considers various deprivations common to women, including those relating to power, enlightenment, well-being, wealth, affection, and rectitude. It then discusses basic community policies on sex-based discrimination, arguing that the most rational general community policy requires the complete emancipation of women, without countenancing the subordination of men. It also examines a range of prescriptions against sex-based discrimination before concluding with proposals for implementation and application of transnational prescriptions designed to secure equality of women with men.
Claims for Freedom from Discrimination in Choice of Language
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter focuses on claims for freedom from discrimination in choice of language. It begins with a factual background on deprivations imposed upon an individual on account of his/her language, explaining how language is connected to human dignity. In particular, it considers the ways in which deprivations in relation to language may be manifested through enlightenment, skill, power, and well-being. It then discusses basic community policies aimed at according individuals full protection in access to all pertinent languages, along with national and international efforts to protect freedom of language. Protections before and under the United Nations are examined, together with regional protections, citing the Belgian Linguistic cases that tested the meaning of Article 14 of the European Convention on Human Rights. The chapter also reviews national protections that address linguistic diversity in modern heterogeneous societies before concluding with an analysis of future developments regarding language discrimination.
The Protection of the Aged from Discrimination
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter examines how the aged are protected from discrimination. It begins with a factual background on deprivations imposed upon individuals because of advanced chronological age, noting that the unique deprivation of the elderly today takes the form of compulsory (involuntary) retirement from active work life, regardless of their actual mental and physical capacities. One may also experience deprivation if he/she is denied employment opportunity over a specified age that may vary according to the occupation. The chapter proceeds by discussing basic community policies aimed at protecting the aged from discrimination, and more specifically compulsory retirement. It also considers the general prescriptions on age discrimination before concluding with an analysis of future developments regarding the human rights of the aged.
The Aggregate Interest in Shared Respect and Human Rights: The Harmonization of Public Order and Civic Order
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter examines how the aggregate common interest in shared respect and human rights can be meaningfully and realistically postulated and achieved in a mutually supportive harmonization of public order and civic order. It first considers claims relating to comprehensive public order, focusing on basic community policies aimed at securing the flow of applications of human rights prescriptions which best protects the rights of individuals, while simultaneously promoting the aggregate interest, as well as prescriptions that explicitly recognize the need to accommodate particular interests with the aggregate common interest in both ordinary and crisis situations. The chapter goes on to discuss claims relating to civic order (including privacy), along with basic community policies and prescriptions for the protection of public and civic order. Finally, it reflects on the future of human rights in public and civic order.
Detention and Conditions in Detention Centers
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter examines the inter-American system’s standards regarding the deprivation of liberty and the rights of detainees, as well as the challenges facing the Commission and Court’s work of enforcing the system’s protections against unlawful arrest, unlawful pre-trial detention, and abusive conditions in jails, prisons, and other detention centers. The System’s jurisprudence regarding the right to personal liberty, the meaning of "arbitrary" under Article 7 of the American Convention, and the standards regarding pre-trial detention, the excessive use of force against detained persons are covered in detail. The chapter also examines content and applicability of international standards on the treatment of persons deprived of liberty, and the role of civil society organizations and the Commission in promoting the rights of persons deprived of liberties in the Americas.
The Rights to Physical Integrity, Freedom from Torture, and Freedom from Third-Party Violence
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter covers the inter-American system’s jurisprudence on the right to humane treatment under Article 5 of the American Convention. It reviews the inter-American system’s normative framework, definitions, and the international and regional instruments concerning torture and inhuman, cruel, or degrading treatment or punishment (CIDT). The chapter also discusses the system’s evidentiary standards for proving the existence of and responsibility for torture violations. It concludes by examining the Court’s jurisprudence concerning who may be considered an "injured party" in cases of CIDT, discussing the impact of torture on direct and indirect victims, and presenting the Court’s doctrines concerning the suffering of direct family members of victims.
Freedoms of Belief, Expression, Assembly, and Association
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter analyzes how freedoms are understood and guaranteed in the Americas and under the inter-American human rights system. Section 1 introduces students to the analysis of the case law of the Inter-American Court of Human Rights with regard to the freedom of belief. It presents examples of cases illustrating the paradigmatic violations of this freedom in the region. Then, it focuses on the recent evolution of the case law in the inter-American system. Section 2 analyzes the recent trends in the protection of the freedom of expression in the Americas. Section 3 deals with the freedom of assembly and association. It considers paradigmatic cases of the violation of these freedoms, and then reviews the recent case law of the inter-American human rights system. The section closes by analyzing potential limits of inter-American jurisprudence to fully protect the freedom of assembly and association.
Economic, Social, and Cultural Rights
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter reviews the legal framework for the protection of economic, social, and cultural rights (ESCR) in the inter-American system. It highlights the emerging standards for determining violations and impermissible regression on ESCR under Article 26 and the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights. It considers indirect means of litigating ESCR in the inter-American system via other Articles of the American Convention, examining the system’s jurisprudence where ESCR have intersected with children’s rights, the right to health, indigenous rights, and civil and political rights. The chapter concludes by considering the role of litigation in campaigns for social justice in Latin America, as well as the additional mechanisms available to the Commission and Court to monitor, protect and promote the realization of ESC rights.
Article 35 (Co-operation of the National Authorities with the United Nations/Coopération des Autorités Nationales avec les Nations Unies)
Authors: Zieck Marjoleine 
Published: August 2024

Abstract
This chapter discusses Article 35 forming part of Chapter VI of the 1951 Convention, which involves executory and transitory provisions. It also elaborates on Article II of the 1967 Protocol, which has a different structure from the Convention despite similarly addressing the function of executory provision. Article 35 primarily serves to secure the cooperation and ongoing liaison between State parties and the United Nations High Commissioner for Refugees (UNHCR) in an effort to connect the responsibilities of States as laid down in the Convention. The chapter on the drafting history of the 1951 Convention's Article 35 and the 1967 Protocol's Article II. It highlights the 1951 Convention and 1967 Protocol's general obligation to cooperate with the UNHCR.
A Paradoxical Engagement
Authors: Kulick Andreas , Dahlquist Joel 
Published: August 2024

Abstract
The engagement of domestic courts with international investment law (IIL) differs from that with other fields of international law. Domestic court decisions pertaining to IIL relate to a specific aspect of engagement with international law: they do not just deal with IIL; they deal with decisions of investment tribunals. The chapter focuses on domestic court decisions reviewing investment awards, arguing that they illustrate two paradoxes regarding the engagement of domestic courts with IIL. It considers the specific characteristics and tensions of IIL vis-à-vis domestic courts’ engagement with it, against the ‘ideal types’ of engagement developed by the International Law Association Study Group, namely avoidance, alignment, and contestation. The two main avenues for engagement are enforcement and challenge of arbitral awards before domestic courts. The chapter shows that acceptance of an award does not necessarily entail alignment with international norms, while its annulment does not necessarily mean contestation of international law.
Facilities for the Mission
Authors: Denza Eileen 
Published: August 2024

Abstract
This chapter examines Article 25 of the Vienna Convention on Diplomatic Relations which discusses the facilities used by both States for the diplomatic mission. Article 25 states that the receiving State shall accord full facilities for the performance of the functions of the mission. The Article is usually invoked in order to lend additional weight to a diplomatic claim or protest based on a more specific provision. It does not entitle a mission to any specific privilege not otherwise granted by the Convention, by international law or by the national law of the receiving State. It confers no automatic exemption from local laws on planning control or licensing—and this is reinforced by the duty imposed by Article 41 of the Convention on all persons enjoying privileges and immunities to respect the laws and regulations of the receiving State.
Exemption from Customs Duties and Inspection
Authors: Denza Eileen 
Published: August 2024

Abstract
This chapter analyses Article 36 of the Vienna Convention on Diplomatic Relations which discusses the exemption from customs duties and inspection given to diplomatic agents. The Article expresses that the receiving State shall permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar service on: (a) articles for the official use of the mission; and (b) articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment. Article 36 also states that the personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in Article 36. 1. Inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative.
General Aspects
Authors: Nollkaemper André 
Published: August 2024

Abstract
This chapter focuses on general aspects of domestic court decisions on matters relating to international law. It begins with a discussion of three questions surrounding domestic judicial application of international law: whether international law is part of the ‘law of the land’ (or is part of the applicable law); whether private parties can invoke international law (‘standing to invoke international law’); and whether, in case of a conflicting outcome in a case, international law can be said to prevail over national law (the question of ‘supremacy’). The chapter then goes on to consider the two techniques commonly used by domestic courts to ensure that a particular international right or obligation is performed at the national level: the principle of ‘direct effect’ and the principle of ‘consistent interpretation’. It also examines methods employed by domestic courts to block international law (or ‘avoid’ it), rather than give effect to it.
Immunities of States and their Officials
Authors: van Alebeek Rosanne , Pavoni Riccardo 
Published: August 2024

Abstract
This chapter examines a selection of national court decisions dealing with immunity rules applicable to states and their officials. The law of international immunities highlights the central role played by domestic courts in the application and development of international law. Decisions made by domestic courts are the primary source of state practice when it comes to the issue of establishing the scope of a particular immunity rule under customary international law. The chapter considers national jurisprudence relating to the principal immunity rules, namely: state immunity, diplomatic immunity, and head of state immunity, as well as functional immunity and consular immunity. It also analyses domestic decisions which show persistent disagreement as to whether immunity arises from a rule of international law or—rather—domestic law. It finally focuses on the case law concerning the tension between international immunity rules and the fundamental rights of individuals under domestic constitutional law or international human rights and criminal law. The cases show that domestic courts often differ in their interpretations of immunity rules.
The Law of Treaties
Authors: Binder Christina , Brölmann Catherine 
Published: August 2024

Abstract
This chapter examines how the law of treaties is used and applied in domestic courts. It first explores questions relating to the conclusion and entry into force of a treaty before discussing whether a treaty provision is self-executing (also, ‘directly applicable’ or ‘directly effective’)—that is, whether the treaty can be applied in the domestic legal order without additional regulation of an international or national character. It then looks at the binding force, both international and domestic, of treaties as well as their observance and due performance by the parties. It also explains reservations and interpretative declarations, the interpretation of a treaty’s written provisions, and the determination of a treaty’s scope. Finally, it analyses cases of successive treaties, the process of amending and modifying treaties, and termination and suspension of treaties. Occasionally, the chapter includes a reference to decisions of non-national human rights bodies, where this may provide relevant context.
Jus Cogens
Authors: Constantinides Aristoteles 
Published: August 2024

Abstract
This chapter examines how domestic courts have ruled in cases involving the concept of jus cogens. Two approaches pervade most of the relevant international and domestic case law on jus cogens. The constitutionalist approach views jus cogens as substantive rules of higher hierarchical status and as constitutional norms protecting the fundamental values of the international community. The opposite approach requires that the content, scope, and effects of a jus cogens rule acquire customary status through state practice and opinio juris. The chapter reviews some of the most representative cases that highlight domestic courts’ pronouncements on jus cogens; cases in which it was held that certain rules of international law were (not) of a jus cogens nature (such as those dealing with international crimes, torture, non-derogable or derogable human rights, the death penalty, and non-refoulement); and cases in which domestic courts passed judgment on the effects of jus cogens (invalidity of treaties, immunities, diplomatic protection, statute of limitations for international crimes, and foreign torture evidence).
International Humanitarian Law
Authors: Ryngaert Cedric 
Published: August 2024

Abstract
This chapter examines how domestic courts deal with questions relating to international humanitarian law. Cases involving international humanitarian law may arise in a state which is involved in armed conflict or occupation (Israel, for example), or in which armed conflict has recently taken place (such as the newly independent republics of the former Yugoslavia); or in a third (‘bystander’) state that is/was not involved in the armed conflict in question but that allows the exercise of universal jurisdiction over war crimes (for instance, the Netherlands). This chapter reviews cases concerning the self-executing character of international humanitarian law treaties in domestic courts, the exact qualification of a conflict, the protection of persons who do not take part in hostilities, the detention of individuals who are deemed to be a security risk, (belligerent) occupation, and the use of certain weapons by belligerents.