bluuebunny/crossref_metadata_2025_split huggingface dataset:
The
Relationship between the Convention, Existing and Future Fresh Water
Agreements (Articles 3 and 4)
Authors: Mbengue Makane Moïse , Rudall Jason 
Published: August 2024

Abstract
This chapter examines Article 3, which is concerned with watercourse agreements, and Article 4, which deals with Parties to watercourse agreements. The UN Watercourses Convention does not affect the rights and obligations arising from agreements in force between riparian States, but Parties to the agreements should consider harmonizing such treaties with the Convention. States are not obliged to harmonize existing or future agreements with its principles, but are encouraged to consider doing so. The chapter first reviews the travaux préparatoires to highlight some of the tensions that arose during the negotiation of the treaty before discussing the scope and dimensions of Articles 3 and 4 and how their provisions relate to others in the Convention. It also analyses the provisions, particularly in light of the practice that has built up around them.
The
Obligation not to Cause Significant Harm (Article 7)
Authors: Salman Salman MA 
Published: August 2024

Abstract
This chapter examines Article 7, which is concerned with the obligation of each riparian State not to cause significant harm to the other riparians of the shared watercourse. It first traces the origins of the obligation not to cause significant harm before analysing the work of the different Special Rapporteurs of the International Law Commission (ILC) between 1974 and 1994 and how the UN General Assembly has addressed and resolved the issues regarding Article 7. It also discusses the relationship between the obligation not to cause significant harm and the principle of equitable and reasonable utilization; the distinction between harm affecting the quality, and harm affecting the quantity, of the waters of the shared watercourse; and Article 7’s relations with other articles of the UN Watercourses Convention. The chapter concludes with a critical assessment of the provisions of Article 7.
General Obligation to Cooperate and Regular Exchange of
Data and Information (Articles 8 and 9)
Authors: Leb Christina 
Published: August 2024

Abstract
This chapter discusses the provisions of Articles 8 and 9, which deal with the general obligation to cooperate and the obligation regarding the regular exchange of data and information, respectively. It first considers the preparatory works of the International Law Commission (ILC) leading up to the development of the two obligations before analysing the scope and customary value of Articles 8 and 9, along with the legal nature of the two general principles and their relationship to other provisions of the UN Watercourses Convention. It also examines the role played by the two principles in facilitating the effective realization of other general principles, with a focus on the principle of equitable and reasonable utilization and participation and on the obligation not to cause significant harm. The chapter concludes with a critical assessment of the two obligations.
Notification and Consultation Concerning Planned
Measures (Articles 11–19)
Authors: Sangbana Komlan 
Published: August 2024

Abstract
This chapter focuses on the provisions of Articles 11–19, which comprise Part III of the UN Watercourses Convention. Articles 11–19 deal with the situation where a State (or a person under its jurisdiction) plans measures or activities (including a new use or change in existing use) of an international watercourse that may cause a significant adverse transboundary environmental effect to other States. The chapter considers how the procedural rules of notification and consultation in cases of planned measures have been developed during the travaux préparatoires by reviewing the work of the International Law Commission (ILC) rapporteurs, along with discussions by the ILC and the Sixth Committee of the UN General Assembly. It also examines the relationship between the procedural obligations of notification and consultation and the substantive obligations of the law of international watercourses. It concludes with a critical assessment of Articles 11–19.
Management (Article 24)
Authors: Ziganshina Dinara R 
Published: August 2024

Abstract
This chapter discusses Article 24, which deals with the management of international watercourses—also referred to as administrative arrangements for watercourse systems or joint institutional management. Article 24 of the UN Watercourses Convention recognizes that cooperation between riparian States in integrated water management is essential for attaining the maximum possible benefits from and protection of international watercourses. This provision also encourages riparian States to establish joint management mechanisms. The chapter first reviews the drafting history of Article 24, focusing in particular on how the question of management has been addressed by three Special Rapporteurs of the International Law Commission (ILC). It then analyses the scope and normative content of Article 24 as well as its relationship with other provisions of the Convention, such as duty of cooperation, equitable and reasonable utilization, management and regulation, ‘joint’ measures, environmental protection, and procedural obligations and other provisions related to consultations.
Installations (Article 26)
Authors: Azaria Danae 
Published: August 2024

Abstract
This chapter focuses on Article 26, which requires watercourse State to show due diligence in maintaining and protecting ‘installations, facilities and other works’ related to an international watercourse. In addition, watercourse State Parties to the UN Watercourses Convention are required to enter into consultations with regard to the safe operation and maintenance of such installations, facilities, and other works. The chapter first reviews the travaux préparatoires of the Convention, with emphasis on the work of the International Law Commission (ILC), before discussing the scope and content of the rules enshrined in Article 26 and whether these rules exist as separate rules of customary international law. It then considers Article 26’s relationship with other articles of the Convention and concludes with a critical assessment of the provision.
The
Interplay between the UN Watercourses Convention and the Law on
Transboundary Aquifers (Article 2)
Authors: Sindico Francesco , Movilla Pateiro Laura 
Published: August 2024

Abstract
This chapter examines the relationship between the UN Watercourses Convention and the law on transboundary aquifers (Article 2), focusing in particular on the 2008 Draft Articles on the Law of Transboundary Aquifers (Draft Articles). It first explains how groundwater has been addressed in the works leading to the UN Watercourses Convention and in the UN Watercourses Convention itself, paying attention to the debates before the International Law Commission (ILC) and the ILC Resolution on Confined Groundwater, before discussing the Draft Articles and their relation to the UN Watercourses Convention. The chapter also considers the work of the ILC on shared natural resources and the scope of the Draft Articles, as well as alignment and points of departure between the ILC and the UN Watercourses Convention with regard to the Draft Articles. Finally, it describes a normative package approach to the UN Watercourses Convention and the law of transboundary aquifers.
Jurisdiction in Contentious Cases (I)
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter describes international jurisdiction in personam and jurisdiction in rem — jurisdiction in relation to a party or potential or alleged party to a dispute, and jurisdiction over the dispute itself. International jurisdiction in rem raises issues of a more general nature than jurisdiction in personam , and is examined first. It is after all with regard to jurisdiction in rem that the basic principle of international judicial jurisdiction operates most directly. The chapter then turns to a discussion of consent and the principle of compétence de la competence. Moreover, the application of the consent principle is further complicated as a result of the fact that the Court is a permanent institution. Jurisdiction is a function of the will of the body of States parties to the Charter and Statute, not of the will of the specific parties to a given dispute.
Jurisdiction in Advisory Proceedings
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter examines the Court’s jurisdiction in advisory proceedings. After a brief historical background, the chapter shows how jurisdictional issues in the context of requests for advisory opinion differ from those arising in contentious cases discussed in the previous two chapters. Hence, the chapter examines the right to request and opinion and the limits thereof. The power to request advisory opinions from the Court has from the outset been reserved for international bodies: in relation to the Permanent Court of International Justice (PCIJ), for the Council of the League and the Assembly, and in the post-war era primarily for the United Nations Security Council and General Assembly. The chapter also looks into the nature of the ‘legal question’ in advisory procedures, and presents the Court’s discretion to decline to give an advisory opinion.
The Procedure in a Contentious Case
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter describes how the proceedings in contentious cases are set in motion. This can be done in two ways: if the parties have concluded an agreement ( compromise or special agreement) to bring the dispute before the Court, the case begins with the notification of this to the Court. If not, one State may file an application instituting proceedings against another State, and the Registrar communicates this to the State so named. The chapter further explores the minutiae of instituting these proceedings — the languages used, notifications, counterclaims, as well as written and oral proceedings. It also briefly discusses the submission of evidence into Court, as well as the public nature of the proceedings. The final section of this chapter is concerned with cases in which proceedings are concluded with no judgment at all — discontinuance.
Foundations for the Paris Agreement
Authors: Depledge Joanna , Higham Andrew 
Published: August 2024

Abstract
This chapter provides the basis for an assessment of the Paris Agreement, and the prospects for its implementation and future strengthening. The Paris Agreement builds on a rich and complex body of institutions, rules, and procedures, which have evolved over 25 years to make up what is known as the UN climate regime. The foundations of this regime comprise the 1992 UNFCCC and the 1997 Kyoto Protocol. This chapter focuses on the substance of the climate change regime, sketching its main features as they stood on the eve of the Paris Conference. It also provides a graphical overview of key issues under the climate change regime, as well as the institutional structure of the regime.
Legal Form of the Paris Agreement and Nature of Its Obligations
Authors: Bodle Ralph , Oberthür Sebastian 
Published: August 2024

Abstract
This chapter addresses the legal aspects of the Paris Outcome and its particular obligations. It emphasises the importance of distinguishing between the legal form and structure of the Paris Agreement as a whole and the specific content of its individual provisions and elements. The Paris Agreement is after all an international treaty at the core of a regime that includes other elements with different legal status. Hence this chapter first analyses the legal structure of the overall Paris Outcome in terms of the legal status of the different texts, how they are linked, and how they together form the new climate regime. The chapter then looks at the structure of the Paris Agreement's content, i.e. how its individual provisions work together. Finally, it provides a bird's eye view of the legal nature of individual sections and provisions, and concludes with some further insights.
Guiding Principles and General Obligation (Article 2.2 and Article 3)
Authors: Rajamani Lavanya 
Published: August 2024

Abstract
This chapter addresses the guiding principles of the Paris Agreement, in particular the principle identified in Article 2.2; namely, equity and common but differentiated responsibilities and respective capabilities, in the light of different national circumstances (CBDRRC-NC). It also discusses the complementary general obligation crafted in Article 3 of the Paris Agreement that applies across mitigation, adaptation, transparency, and support. The chapter also looks at how equity and the principle of common but differentiated responsibilities and respective capabilities (CBDRRC), long a contested issue within the climate regime, is eventually articulated and operationalized in the Paris Agreement. This resolution — in particular in relation to how the principle would be treated and where it would be placed — was also expected to speed up negotiations on other issues. And it did, in the end.
Conserving and Enhancing Sinks and Reservoirs of Greenhouse Gases, including Forests (Article 5)
Authors: La Viña Antonio G M , de Leon Alaya 
Published: August 2024

Abstract
This chapter examines Article 5, which has been referred to as a ‘standalone’ article on forests, although it also points to sinks and reservoirs more generally. Article 5 operationalizes the inclusion of GHG sinks and reservoirs in the scope of the Paris Agreement. The agriculture, forestry, and other land use sectors (AFOLU) comprise about 24% of anthropogenic GHG emissions globally. The sector is unique, however, in that AFOLU activities can act as both sources and sinks of emissions. Given the science and the negotiation history surrounding forests and land use, this chapter builds on the context within which the inclusion of GHG sinks and reservoirs in the Paris Agreement resides.
Technology Development and Transfer (Article 10)
Authors: de Coninck Heleen , Sagar Ambuj 
Published: August 2024

Abstract
This chapter discusses how Article 10 in the Paris Agreement aims to advance technology development and transfer (TD&T) to help developing country Parties improve resilience to climate change and reduce greenhouse gas (GHG) emissions. The provisions in Decision 1/CP.21 (paragraphs 66-71) further support these goals. Broadly, Article 10 of the Paris Agreement and the respective decisions comprise a mix of actions that are fairly concrete and detailed. The actions are necessarily limited in scope, but this can be seen as consistent with the overall approach in the climate arena where it is increasingly understood — and hoped — that much of the action will be outside the formal UNFCCC arena. This chapter puts the current technology-based decisions in the context of the history of TD&T in the UNFCCC, reviews and interprets the individual Articles, assesses opportunities and challenges for implementation, and provides an outlook on TD&T.
Transparency (Article 13)
Authors: Dagnet Yamide , Levin Kelly 
Published: August 2024

Abstract
This chapter reviews the requirements of transparency under Article 13 of the Paris Agreement. These requirements are vital for building international trust and confidence that action is taking place and assessing how to facilitate further action and support for these actions. Under this Article, countries are required to report on progress on reducing GHG emissions and building climate resilience, as well as on the support they provide or receive. Article 13 lays out general principles for the transparency framework and a direction of travel for: enhancing the way countries share information on progress made to mitigate, adapt, provide or receive finance, advance technology development and transfer, and strengthen capacity-building; and the process for the subsequent review and consideration of such information. However, the detailed modalities, procedures, and guidelines for the enhanced transparency framework remain to be developed.
Global Stocktake (Article 14)
Authors: Friedrich Jürgen 
Published: August 2024

Abstract
This chapter takes a look at the Global Stocktake (GST), which links individual planning processes to the objective of the Paris Agreement and its collective goals. The GST is established in Article 14 of the Agreement, in order to dynamically enhance individual ambition to collective goals. It aims to facilitate enhancement of ambition through three main functions, helping Parties to: understand how far they have collectively come in achieving their goals, realize what is still required collectively to reach them, and be informed about possible options on how to enhance their actions both nationally and internationally and thereby hopefully be motivated to do more. In this manner, the GST can be compared to the engine of the Agreement, which is expected to drive the political momentum towards ambition and thus ensure dynamism. This dynamism in turn is a precondition for a durable Agreement.
Facilitating Implementation and Promoting Compliance (Article 15)
Authors: Dagnet Yamide , Northrop Eliza 
Published: August 2024

Abstract
This chapter describes how Article 15 of the Paris Agreement develops an effective mechanism to facilitate implementation and promote compliance. This mechanism consists of an expert-based committee, and the chapter discusses the duties and provisions particular to it. The inclusion of such a mechanism in a multilateral environmental agreement (MEA) like the Paris Agreement fulfils important functions. In particular, it can enhance implementation and support greater cooperation by: contributing to and maintaining trust among Parties, addressing capacity problems and clarifying ambiguities, and preventing ‘freeriding’ by promoting compliance with agreed obligations or norms. Furthermore, by including this mechanism the Parties have signalled the seriousness with which they intend to implement their obligations under the Agreement.
Institutional Arrangements and Final Clauses (Articles 16–29)
Authors: Voigt Christina 
Published: August 2024

Abstract
This chapter details the institutional arrangements (Articles 16–19) and final clauses (Articles 20–29) of the Paris Agreement. These Articles are the most direct indication of Parties' intention of the Agreement to be a treaty under international law within the meaning of the Vienna Convention on the Law of Treaties (VCLT). The provisions on institutional arrangements and the final clauses allow for the operation of the Agreement and facilitate implementation by the Parties and the Depositary. Institutional arrangements concern the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement (CMA) in Article 16, as well as other bodies listed in the succeeding Articles. The final clauses of the Paris Agreement contain provisions regulating procedural aspects of the treaty operation.
Practitioners' Guide to Human Rights Law in Armed Conflict
Authors: Murray Daragh 
Published: August 2024

Abstract
Although the relationship between international human rights law and the law of armed conflict has been the subject of significant recent academic discussion, there is a lack of comprehensive guidance in identifying the law applicable to specific situations faced by military forces. Providing guidance for armed forces and practitioners on the detailed application of international human rights law during armed conflict, this book fills that gap. Part I details foundational information relating to international human rights law and human rights institutions, the types of operations that States’ armed forces engage in, and how the law of armed conflict and international human rights law apply to regulate different situations. Part II provides practical guidance as to the legal regulation of specific situations, including discussion on the conduct of hostilities, detention operations, humanitarian assistance, cyber operations, and investigations.
Weapons
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter discusses the regulation of weapons used during both ‘active hostilities’ and ‘security operations’. The law of armed conflict prohibits weapons of a nature to cause superfluous injury or unnecessary suffering, and weapons that are by their nature indiscriminate. Also prohibited are weapons expected to cause long-term, widespread, and severe damage to the natural environment. International human rights law is consistent with these prohibitions. The remainder of the chapter deals with specific weapons: bacteriological or biological weapons, booby-traps, chemical weapons, dum-dum bullets, explosive or incendiary bullets, fragmentation weapons, incendiary weapons, landmines, and laser weapons.
Prisoners of War and Internment
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter deals with prisoners of war, internment, and other forms of detention, where detention is based on security or military considerations related to the armed conflict. The law of armed conflict establishes detailed rules in relation to prisoners of war and internment; these rules provide the primary framework. International human rights law reinforces these rules, adding greater specificity in certain situations. Prisoners of war are not convicted criminals, and are not detained in relation to any illegal activity. As such, their detention is not punitive, but is based on military necessity and serves only to prevent their return to hostilities. Internment is detention carried out to prevent future activity. International human rights law requires that internment be utilized only as a last resort, on the basis of ‘a present, direct, and imperative threat’.
Occupation
Authors: Murray Daragh 
Published: August 2024

Abstract
The law of armed conflict subjects the Occupying Power to extensive positive obligations. In particular, the Occupying Power must restore and ensure public order and civil life, which requires extensive involvement in the administration of occupied territory. This chapter begins with a definition of occupation. It then discusses the administration of occupied territory, covering the legislative authority of the Occupying Power; censorship and limitations on communication; restrictions on movement, association, and assembly; searches of individuals’ property; the administration of criminal law; respect for religious freedom; protection and education of children; provision of medical care, food, and other essential supplies to inhabitants of the occupied territory; compulsory labour by protected persons; transfer, deportation, and evacuation of civilians; and protection of property rights.
Multinational Operations
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter addresses the law applicable during multinational, or coalition, operations. States participating in multinational operations remain bound by their national and international legal obligations. If a multinational force or its members are not parties to an armed conflict, the conduct of the force is regulated by international human rights law. If the multinational force or its participating States are parties to an armed conflict, their conduct is regulated in accordance with the ‘active hostilities’ framework or ‘security operations’ framework, dependent upon the situation. The remainder of the chapter discusses the conduct of multinational operations; the use of force for the protection of others; and States’ responsibility for the conduct of their armed forces during multinational operations.