bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ethics in Open Source Investigations
Authors: Rahman Zara , Ivens Gabriela 
Published: August 2024

AbstractThis chapter takes a rights-based approach to ethics, considering how people's rights are affected by both the process and the end result of open source investigations. It begins by interrogating the purpose of investigations, noting that the methods for open source investigations in pursuit of human rights are the same methods that can be used by malicious actors in pursuit of the exact opposite. With this in mind, it considers with whom the responsibility lies in the case of unintended negative consequences, and the ethics of how these distinct actors are treated, the power they hold, and the risks they face. This is followed by discussions on the built infrastructures of an investigation, the ethical considerations of data processes, the ethical challenges might arise in the future.
Open Source InformationPart of the Puzzle
Authors: Abrahams Fred , Murray Daragh 
Published: August 2024

AbstractThe foundation of most human rights investigations has traditionally been and will likely remain research on the ground: getting as close as possible to the people affected and the places where the violations occurred. Today, however, a host of other methods exist to document, expose, and help end abuses. This chapter focuses on one of the most significant of these new tools, and the main subject of this book — the use of open source material. It focuses on how investigators can use open source material to great effect, not only where physical access is limited or denied, while also considering security, ethics and verification. This material can produce compelling information on its own and can facilitate powerful documentation, especially when used in conjunction with the traditional field-based approach and other investigative techniques.
International Crimes: Law and Practice: Volume I: Genocide
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This book is the first of a four-volume compendium, which is a detailed and authoritative account of the law of international crimes. The volume provides a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. It discusses in detail the law of all four core international crimes (genocide, crimes against humanity, war crimes, aggression), their definitions, elements, normative status, and relationship to one another. It provides an exceptional and un-surpassed review of the relevant jurisprudence and material, making it a must-have for any practitioner or scholar in the field.
Towards a Universal Law of International Crimes
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter considers the prospect of a universal law of international crimes. It begins by laying out the definition of international crimes — as violations of international law, characterized by the severity of their crimes and its very engagement with international law. The characterization of a particular conduct as an international core crime has a number of legal and jurisdictional consequences, including in regards to the scope of jurisdictional competence over such acts, the applicability of immunities and amnesties, the availability of particular defences, the existence of certain obligations to prevent and punish such acts, and whether suspects are entitled to refugee status. The chapter then turns to the history of international crimes and how international law regulates these, from mid-nineteenth-century norms to the international tribunals established during the 1990s. It also considers the trends in domestic and international jurisprudence of international crimes. These histories thus lay the foundation for the heart of the chapter — the making of a universal law of international crimes.
Genocide under General International Law
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter describes genocide as it pertains to international law. It argues that the law of genocide applies in times of peace and war. When an act of genocide is committed in an armed conflict, its criminal character does not depend on its being materially connected to the conflict. Furthermore, where genocide occurs in an armed conflict, the applicability of the law of genocide and the obligations to prevent and punish genocide are not affected by the nature — international or non-international — of the conflict. The law of genocide is not, however, entirely insensitive to the existence of an armed conflict. When a conflict exists alongside acts of genocide, the determination of whether a particular conduct was legally permissible or whether it might constitute an act of genocide could, in some cases, be aided by the relevant standards of humanitarian law applicable to that conflict. However, the rules applicable to determining the responsibility of a state and those applicable to individuals are not identical.
Duties to Prevent and to Punish Genocide
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter more closely examines the duties to prevent and punish genocide. The prevention and punishment of genocide are stated objectives of the Genocide Convention. Article I of the convention demands contracting parties to prevent and punish acts of genocide in order ‘to liberate mankind from such an odious scourge’. In so doing, the convention made preventing and punishing acts of genocide obligatory and not just optional. These duties are also now part of customary international law and are therefore binding even without any conventional obligation. As a result, they are binding on all states, including states that are not a party to the Genocide Convention. Moreover, the two obligations must be interpreted within the broader framework of international law so that the fulfillment of these obligations would not authorize a state to violate other international obligations. In other words, a state is not authorized to violate international law in order to fulfill those obligations. Within that general framework, states enjoy some discretion regarding the way in which they fulfill their obligations to prevent and punish genocide.
Contextual Element
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter discusses the requirement of a contextual element. For crimes against humanity, the conduct in question must have been part of a widespread or systematic attack against a civilian population and the perpetrator must have acted whilst aware of that connection. These contextual elements provide normative specificity to war crimes and crimes against humanity and distinguish them from one another and from domestic crimes. In contrast, the Genocide Convention does not provide for any such contextual element for the crime of genocide, nor does customary international law. Genocide thus requires no proof of an attack against a civilian population, nor the existence of an armed conflict. Therefore, as a matter of general international law, the specificity of the crime of genocide lies not in any contextual element that would attach to its definition, but in its protected interest (i.e., certain protected groups) and in the associated requirement that crimes committed against members of these groups must have been committed with the intent to destroy in whole or in part the group as such.
Special Genocidal Intent/Dolus Specialis
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter examines the role of special intent in the international law on genocide. It argues that the perpetrator's ultimate purpose, rather than the nature of the underlying act, is central to the crime of genocide. By their conduct, the perpetrator must have intended to contribute to the destruction, in whole or in part, of a protected group. This particular intent element is what makes genocide a unique crime and what triggers its application. Moreover, this special intent and the associated concern for the protection of certain groups are what give the crime of genocide its particular currency. This requirement also distinguishes genocide from other international crimes, including other discrimination-based crimes such as the crime of persecution. The law of genocide does not require that the intent to destroy a group be the sole or primary purpose of the perpetrator. A perpetrator could therefore be found guilty of genocide even if their personal motivation went beyond the criminal intent to commit genocide. Evidence of unrelated motives explaining their actions will not preclude a finding that they also possessed the requisite genocidal intent.
Punishable Acts
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter enumerates the five punishable acts laid out in Article II of the Genocide Convention. These are: killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group, and forcibly transferring children of the group to another group. From the convention onwards, international instruments — in particular, the statutory instruments of international(ized) criminal tribunals — have dutifully stuck to that limited list of five recognized categories of underlying offences. But whilst the list is exhaustive as a matter of customary law, international law does not prohibit a national or international(ized) jurisdiction from expanding upon that list. Finally, an act which is not explicitly listed as one of the prohibited acts (e.g., rape or ‘ethnic cleansing’) could still constitute an act of genocide if it satisfies the actus reus and mens rea elements of one of the listed offences.
Genocide, Other Genocidal Acts, and Modes of Participation
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter considers what extent of the act of and participation in genocide becomes punishable, as stated in Article III of the Genocide Convention. Article III provides that the following acts shall be punishable: genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, attempt to commit genocide, and complicity in genocide. These provisions were intended to ensure the effectiveness of the convention, encapsulating many categories of conduct which could contribute to the commission of such a crime, including at the earliest stages of the genocidal process. But whilst the convention provides for these five inchoate offences and modes of liability, a culpable contribution to an act of genocide is not limited to these. Liability could be incurred as a matter of customary law for contributing to an act of genocide in a variety of other ways, including by instigating, ordering, or aiding and abetting such a crime or pursuant to the doctrine of superior responsibility. Domestic regimes could recognize still more categories of punishable acts or modes of liability applicable to acts of genocide.
Capital-Raising
Authors: Moloney Niamh 
Published: August 2024

Abstract
This chapter examines the harmonized EU rules governing capital-raising through the markets, in particular as regards issuer disclosure. It addresses the Prospectus Regulation, the Transparency Directive, the EU’s financial reporting regime (including with respect to International Financial Reporting Standards), the rules governing admission of securities to trading venues, and the rules relating to investment analysts and investment research, including the related administrative rules and the supporting supervisory and enforcement arrangements. The chapter considers the evolution and purpose of the issuer disclosure regime, including in light of the Capital Markets Union agenda. It then addresses the prospectus and ongoing disclosure regimes (including their scope of application, how they approach issuer disclosure, and the related ‘regulatory passport’) and the regime governing admission to trading. It also considers the supporting regulatory ecosystem, including the Securitization Regulation, examines the impact of the sustainable finance agenda, the digital finance agenda, and the Capital Markets Union agenda, and considers the relationship between the issuer disclosure regime and the development of market finance and the integration of capital markets in the EU.
Investment Firms and Investment Services
Authors: Moloney Niamh 
Published: August 2024

Abstract
This chapter examines the harmonized EU rules governing the regulation of investment firms and investment services under the Markets in Financial Instruments Directive II/Markets in Financial Instruments Regulation (MiFID II/MiFIR) and, as regards prudential regulation, under the Investment Firm Directive/Investment Firm Regulation (IFD/IFR) and Capital Requirements Directive IV/Capital Requirements Regulation (CRD IV/CRR), including the related administrative rules and the supporting supervisory and enforcement arrangements.
The chapter considers the evolution and purpose of the investment services regime, including in light of the Capital Markets Union agenda. The chapter then examines the scope of MiFID II/MiFIR, its authorization requirements (including as regards investment firm governance), and its ongoing requirements (including as regards conflicts-of-interest management and conduct regulation); the prudential regulation regime under IFD/IFR and CRD IV/CRR, including as regards capital, risk management, and firm governance; the investment services ‘regulatory passport’ and related home/host arrangements; and the supporting supervisory structure, including as regards ESMA’s role.
Order Execution Venues
Authors: Moloney Niamh 
Published: August 2024

Abstract
This chapter examines the regulation of trading venues in the EU under the Markets in Financial Instruments Directive II/Markets in Financial Instruments Regulation (MiFID II/MiFIR), as regards the different classes of MiFID II trading venue (including regulated markets, multilateral trading facilities (MTFs), and organized trading facilities (OTFs)), and including the related administrative rules and the supporting supervisory and enforcement arrangements. The chapter considers the evolution and purpose of the trading venue regime, including in relation to the Capital Markets Union agenda, the MiFID II/MiFIR Review, and the related debates as to competitive order execution and the balance between ‘dark’ and ‘lit’ trading. The chapter then examines the MiFID II/MiFIR trading venue classification scheme and addresses the authorization and ongoing regulation of different classes of trading venue, including the trade transparency regime and how it applies to different asset classes. The chapter also addresses the publication of transparency disclosures (including the reform proposals for a ‘consolidated tape’), transaction reporting, and ESMA’s supervision of data reporting services providers. It concludes by considering the regulation of central securities depositaries and the settlement process under the Central Securities Depositaries Regulation.
Trading
Authors: Moloney Niamh 
Published: August 2024

Abstract
This chapter examines the harmonized EU rules governing the regulation of the trading process, in particular under the Markets in Financial Instruments Directive II/Markets in Financial Instruments Regulation (MiFID II/MiFIR), the Short Selling Regulation, the Securities Financing Transactions Regulation, and (as regards derivatives markets) the European Market Infrastructure Regulation (EMIR), including the related administrative rules and the supporting supervisory and enforcement arrangements. The chapter considers the evolution and purpose of the regime, including in relation to the impact of the Capital Markets Union agenda and market developments, including the 2021 Gamestop/meme-stock episode and the restrictions placed on short selling over the Covid-19 pandemic. The chapter then considers the different elements of the regime governing trading, including as regards order execution, algorithmic trading, and position management (MiFID II/MiFIR); short selling (Short Selling Regulation); securities financing transactions (Securities Financing Transactions Regulation); and derivatives markets, including as regards central clearing counterparty (CCP) clearing, bilateral risk management, and reporting obligations, and the specific supervisory arrangements that apply to EU CCPs (national supervisors coordinated through ESMA) and trade repositories (supervised by ESMA) (EMIR).
Rating Agencies
Authors: Moloney Niamh 
Published: August 2024

Abstract
Rating agencies form part of the investment intermediation process as a type of market ‘gatekeeper’ that assesses credit risk through the credit rating process. This chapter examines the harmonized EU rules governing rating agencies, including the related administrative rules and the supporting supervisory and enforcement arrangements. It considers the evolution and purpose of the rating agency regime, including as regards the role played by ‘gatekeepers’ in financial markets. The chapter then considers the different elements of the regime governing rating agencies, including as regards authorization, conduct regulation (including conflict-of-interest management), methodologies, over-reliance, market structure, and disclosure, as well as ESMA’s direct supervision of rating agencies.
Market Abuse
Authors: Moloney Niamh 
Published: August 2024

Abstract
This chapter examines the harmonized EU rules governing the prohibition of market abuse under the Market Abuse Regulation, including the related administrative rules and the supporting supervisory and enforcement arrangements. It also examines the regulation of benchmarks under the Benchmark Regulation, including the related administrative rules and the supporting supervisory and enforcement arrangements. The chapter considers the evolution and purpose of the market abuse regime, including the debates relating to the rationales for prohibiting insider dealing and market manipulation. It then considers the different elements of the Market Abuse Regulation, including as regards how insider dealing and market manipulation are defined, and the obligations on issuers to disclose ‘inside information’. It also examines the benchmark regime, considering the context for the EU’s regulation of benchmarks and their administrators under the Benchmark Regulation, the design of the Regulation, and how the Regulation has developed, including as regards sustainable finance and the transition from LIBOR.
Retail Markets
Authors: Moloney Niamh 
Published: August 2024

Abstract
This chapter examines the harmonized EU rules governing the retail markets and retail investor protection, in particular under the Markets in Financial Instruments Directive II/Markets in Financial Instruments Regulation (MiFID II/MiFIR), the Packaged Retail and Insurance-based Investment Products (PRIIPs) Regulation, and the Investor Compensation Schemes Directive, and including the related administrative rules and the supporting supervisory and enforcement arrangements.The chapter considers the evolution and purpose of the regime, including its treatment of investor protection and investor empowerment, and market developments, including the Gamestop episode and technological innovation. The Chapter then considers the different elements of the regime, including as regards fair treatment, marketing, disclosure, know-your-client, execution-only, investment advice, product governance, and product intervention (including ESMA’s first use in 2018 of its product intervention powers) (MiFID II/MiFIR); summary investment product disclosure (PRIIPs Regulation); and the Investor Compensation Scheme Directive.
Third Countries
Authors: Moloney Niamh 
Published: August 2024

Abstract
This chapter examines the harmonized EU rules governing access by third country actors to the EU financial market, including in relation to investment services under the Markets in Financial Instruments Directive II/Markets in Financial Instruments Regulation (MiFID II/MiFIR) and in relation to derivatives transactions, central clearing counterparties (CCPs), and trade repositories under the European Market Infrastructure Regulation (EMIR).
The chapter considers the nature of international financial governance and the evolution and purpose of the EU’s third country regime in this regard, including as regards mutual recognition and ‘equivalence’ as mechanisms for facilitating market access internationally. The chapter then considers the different elements of the EU’s third country regime, including the foundational notion of equivalence, ESMA’s role in assessing equivalence, and the third country access regimes for different market segments (including investment funds and delegation practices; issuer disclosure; investment services; derivatives markets, central clearing counterparties, and trade repositories; and central securities depositaries and benchmarks/benchmark administrators). It also considers the UK’s withdrawal from the EU, the EU/UK Trade and Cooperation Agreement, and the nature of the UK’s access to the EU financial market.
Introduction: Mechanisms for supervision and remedial Action
Authors: Eide Asbjørn 
Published: August 2024

Abstract
This introductory chapter provides a brief review of the evolution of the international institutions governing minority protection and the rights of persons belonging to minorities, as well as a systematic categorisation of those institutions that now exist. It also focuses on the mechanisms to supervise or control national implementation of and compliance with international human rights standards including minority rights. Particular reference will be made to mechanisms concerning human rights in general and minority rights in particular. Hence, the chapter first gives a cursory review of the main stages in the evolution of mechanisms, reflecting the increasing level of international cooperation regionally and globally. Hereafter there is a brief presentation and categorisation of the mechanisms that now exist. The chapter finally concludes with some reflections on the functions and relative usefulness of the different mechanisms.
Legal nature of minority rights as part of human rights, limitations, derogations, reservations, and interpretative statements
Authors: Hannikainen Lauri 
Published: August 2024

Abstract
This chapter covers the legal interpretations and limitations of minority rights as a sub-category of human rights. It explores the legal nature of minority rights and their purposes of ensuring the de facto equality of minorities with the majority and/or the survival of minorities. These minority rights may contain supportive features, such as affirmative action or special protection or even mild special rights. However, since affirmative action and special rights may raise negative feelings towards minorities among the majority population, and should be resorted to with caution, it is important to interpret all human rights provisions in a minority-sensitive way — in recognition of the interdependence of human rights. The chapter elaborates further on the limitations of minority rights, as well as their applicable derogations and reservations.