bluuebunny/crossref_metadata_2025_split huggingface dataset:
Scope of Application
Authors: Calderoni Francesco 
Published: June 2024

Abstract
This article defines the scope of the Firearms Protocol, which was considered one of the most hotly debated issues during the negotiations. It establishes the scope of the Protocol in relation to the prevention of the illicit manufacturing of and trafficking in firearms, their parts and components, and ammunition. It also mentions how the Protocol applies to the investigation and prosecution of offences that are transnational in nature and involve an organized criminal group. The article provides two grounds for exclusion from the scope of the Protocol. First, it excludes state-to-state transactions and second, it excludes state transfers in cases where the application of the Protocol would prejudice the right of a State Party to take action in the interest of national security consistent with the Charter of the United Nations.
Information
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This article complements general obligations regarding cooperation, information sharing, and the development of accurate and contemporary data in respect of the criminal conduct captured by the Convention and Protocols. It contains important obligations regarding cooperation on tracing and important safeguards on how information can be shared or used by States Parties. It also obligates States Parties to share case-specific information on matters about firearms producers, dealers, importers, exporters, and carriers. The article encourages States Parties who have established regulatory frameworks regarding brokering as a means of preventing illicit firearms activities to share information about brokers and brokering. It focuses on the organized criminal groups involved in illicit firearms activity and addresses how firearms crimes are concealed.
Cooperation
Authors: Taylor Matthew R 
Published: June 2024

Abstract
This article requires States Parties to engage in cooperation on several levels. It details the cooperation between States Parties bilaterally, regionally, and internationally, and cooperation between States Parties and the various aspects of industry that are responsible for firearms, their parts and components, and ammunition, including manufacturers, importers, dealers, brokers, and transporters. It also complements the numerous provisions promoting cooperation, including those contained in the United Nations Convention Against Transnational Organized Crime (UNTOC). The article outlines specific requirements of cooperation in the prevention, combatting, and eradication of illicit firearms manufacturing and trafficking in firearms, their parts and components, and ammunition. It requires States Parties to identify a national focal point for the purpose of cooperating with other States Parties on matters relating to the Firearms Protocol.
Signature, Ratification, Acceptance, Approval and Accession
Authors: Schloenhardt Andreas 
Published: June 2024

Abstract
This article sets out the process by which States as well as regional economic integration organizations can become Parties to the Firearms Protocol and be bound by it. It specifies the time for which the Protocol is open for signature, after which States and regional economic integration organizations can join by ratification, acceptance, approval, and accession. It also highlights how the Protocol will be open for signature by regional economic integration organizations provided that at least one member State of such organization will sign. The article considers the protocol to be subject to ratification, acceptance or approval. The Instruments of ratification, acceptance or approval will be deposited with the Secretary-General of the United Nations.
Article 59 of the VCLT: Termination or suspension of the operation of a treaty implied by conclusion of a later treaty
Authors: Fabri Hélène Ruiz , Ayman Randi 
Published: June 2024

Abstract
This entry focuses on Article 59 of the Vienna Convention on the Law of Treaties (VCLT). It includes the provisions on the termination or suspension of the operation of a treaty implied by the conclusion of a later treaty. Article 59, which reflects customary international law, presents the resolution of a conflict between successive treaties concluded by the same parties on the same subject matter by envisaging the termination of the earlier treaty. Similar to most other provisions of the VCLT, Article 59 is a default rule as it becomes applicable when the parties to successive treaties have not provided for a specific solution. The entry details the application of the provision in general international law and international investment law, which do not deviate from each other in any significant way.
Article 25 of the ARSIWA
Authors: Paddeu Federica , Waibel Michael 
Published: June 2024

Abstract
This entry concerns the defence of necessity as codified in Article 25 of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). The defence of necessity permits a State to act in a manner incompatible with its international obligations, when it does so to protect an essential interest against a grave and imminent peril, and so long as it only harms an interest of lesser weight or urgency. The necessitated act must also be the ‘only way’ to safeguard the essential interest in question, and the State must not have contributed to the threat to its interest. This is a strict defence. The defence has received most attention in investment arbitration, but the decisions have been somewhat inconsistent. The entry considers where the investment decisions have deviated from the general international law standard, and also instances in which these decisions have pointed to difficulties in the drafting, and current understanding, of this defence.
Historical Development of International Refugee Law
Authors: Skran Claudena M , Easton-Calabria Evan 
Published: June 2024

Abstract
This chapter covers the historical development of international refugee law. It defines refugees as a distinct category of migrants deserving special attention and help. According to the 1951 Convention, refugees should not be sent back to a country of persecution. Modern refugee law first developed in response to the creation of mass refugee movements during and after the First War, and the imposition of immigration restrictions by the United States and other countries in the 1920s. The chapter elaborates on the notion of the Nansen Passport System involved with the 1933 Convention and 1938 Convention. It also notes the legal legacy of the League of Nations Era, wherein criticisms of the legal framework for refugees primarily revolve around the issues of definition, scope, and strength.
Drafting History of the 1951 Convention and the 1967 Protocol
Authors: Einarsen Terje 
Published: June 2024

Abstract
This chapter discusses the history of international refugee protection. It looks into the drafting history of the 1951 Convention and the 1967 Protocol, while focusing on the development and meaning of the general refugee definition of the 1951 Convention. While the 1967 Protocol is primarily concerned with the general refugee definition's universality, the 1951 Convention was the first human rights treaty to be adopted by the UN after the Second World War. Additionally, the 1951 Convention can be viewed as a third-party agreement. The chapter notes that the original UN general refugee definition clashed with more restrictive political trends in receiving Western States, which resulted in national legislation and administrative practice's hybrid refugee definitions incompatible with international refugee law.
Global Developments in Refugee Law
Authors: Einarsen Terje , Schultz Jessica 
Published: June 2024

Abstract
This chapter expounds on the global developments in refugee protection. Some of the developments involve human rights in UN multilateral treaties that protect refugees and shape standards of protection for refugees in their home countries. The law of international refugee protection continues to develop within and beyond the 1951 Convention. Moreover, the developments highlighted the elements that decision-makers need to assess when considering the removal of a refugee or asylum seeker to their home country or a third country. The chapter looks into the alleged grey zones in global refugee law. It cites how no other viable alternatives for the displacement challenges following the rule of non-refoulment without first securing protection in accordance with the standards of the 1951 Convention.
Preamble to the 1967 Protocol
Authors: Alleweldt Ralf 
Published: June 2024

Abstract
This chapter examines the Preamble to the 1967 Protocol. It starts with the Preamble's drafting history which involves the proposal to remove the time limitation in the 1951 Convention. The Colloquium introduced the drafting stage, wherein the first two Recitals did not have major changes. However, the United Nations High Commissioner for Refugees (UNHCR) revised Recital 3 and was subsequently submitted to the Executive Committee. The chapter details an analysis of the changes in the Preamble of the 1951 Convention. It mentions how the UNHCR insisted that all refugees should be treated equally regardless of being part of either the new or old refugee groups.
Final Act of the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons (excerpts) / Acte final de la Conférence de plénipotentiaires des Nations Unies sur le statut des réfugiés et des apatrides (extraits)
Authors: Alleweldt Ralf 
Published: June 2024

Abstract
This chapter looks into the final act of the United Nations Conference of Plenipotentiaries concerning the status of refugees and stateless people. It defines an international conference's final act as a legal document containing a formal summary of its proceedings as well as all the provisions agreed upon during the conference. Moreover, a final act may have legal significance and influence or clarify the interpretation of the treaty under Article 31 of the Vienna Convention on the Law of Treaties' (VCLT). The chapter discusses the short drafting history of the Final Act and the interrelation between the Final act and the other provisions. It also details the obligation of Contracting Parties to the 1951 Convention wherein travel documents should be issued to refugees lawfully staying in the country.
(Self-Employment/Professions Non-Salariées)
Authors: Edwards Alice 
Published: June 2024

Abstract
This chapter elaborates on the rights of refugees to engage in self-employment indicated in Article 18 of the 1951 Convention. It highlights how the right to work of refugees is directly linked to their independent economic activity and sense of dignity. Economic independence reduces the refugees' reliance on social assistance, prevents parallel unregulated commerce, and avoids the creation of an underclass of people dependent on welfare. The chapter mentions that the application of the provision applies whether refugees have individual status or prima facie status. It cites that international human rights law principles may allow the right of self-employment to be granted even to rejected asylum seekers who cannot return and asylum seekers whose asylum process lasts for an extended period.Human rights
(Rationing/Rationnement)
Authors: Lester Eve 
Published: June 2024

Abstract
This chapter explains the notion of welfare rights in Article 20 of the 1951 Convention. The provision obliges contracting States to integrate refugees into a State's rationing system on the same level as national citizens. Moreover, Article 20 expects the common post-conflict reality of products being in short supply and ensures that refugees are not excluded from the rationing system. The chapter highlights how the provision does not stipulate status requirements of any kind when it comes to the basic necessities of life of refugees. It also tackles the drafting history of Article 20 that involved UN agencies, which include the United Nations High Commissioner for Refugees and the World Food Programme (WFP).
(Public Education/Education Publique)
Authors: Zimmermann Andreas , Stern Rebecca Thorburn 
Published: June 2024

Abstract
This chapter covers the 1951 Convention's Article 22. It explains the provision's aim to grant refugees access to the contracting States' national educational systems. Moreover, Article 22 encompasses learning at all different levels of education in schools, universities, and other educational institutions. However, the provision does not address any issues related to the upbringing of children by their parents. The chapter mentions the relevancy of Article 22 when it comes to durable solutions for refugees in an effort to enable them to integrate into the host country's society. It also discusses the drafting history, declarations, and reservations of Article 22 and the instruments used prior to the 1951 Convention.
(Public Relief/Assistance Publique)
Authors: Lester Eve 
Published: June 2024

Abstract
This chapter tackles the purpose of Article 23 of the 1951 Convention. It focuses on a broad-based mechanism for the provision of public relief and assistance to refugees who may be regarded as lawfully staying in the contracting State's territory. The provisions ensure a measure of protection for refugees' integration and a critical safeguard against the withdrawal of assistance leading to a precipitous return that might result in refoulment. The chapter acknowledges the 1951 Convention's obligation to access public relief and assistance to refugees. It cites that the lack of the provision's controversy meant that an effective welfare framework has centrality for refugees and asylum seekers that cannot be ignored.
Article 28/Schedule
Authors: Vedsted-Hansen Jens 
Published: June 2024

Abstract
This chapter covers Article 28 of the 1951 Convention. It cites the importance of the travel document's issuance under the terms of international protection for the legal status of refugees. The provision's effective functioning is essentially dependent on States' organizational system for the issuance of refugees' travel documents in accordance with their undertaking. Thus, the dependence on States' administrative resources implies that many refugees may be unable to realize their right to issue travel documents and travel State borders. The chapter notes the challenges to the effective functioning of 1951 Convention Travel Documents that resulted from the developments in the technical design and format of passports. It also considers the historical development and drafting history of Article 28.
(Expulsion/Expulsion)
Authors: Davy Ulrike , Gil-Bazo María-Teresa 
Published: June 2024

Abstract
This chapter discusses Article 32 of the 1951 Convention which incorporates a political compromise. It elaborates on the drafting history of the provision wherein the path of integration after the Second World War was considered. Refugees are expected to opt for naturalization in their country of refuge in an effort to change their status from refugees to national citizens. Additionally, Article 32 inspired European and international human rights law and confines the State power to expel to certain grounds to allow individual arrangements of voluntary departure. The chapter mentions how the provision is deemed to be a forgotten article since refugees usually pose no threat to national security and public order.
(Territorial Application Clause/Clause d’Application Territoriale)
Authors: Gil-Bazo María-Teresa 
Published: June 2024

Abstract
This chapter explores Article 40 of the 1951 Convention. The provision aims to facilitate participation in the Convention by allowing States to expand its application to territories that could not accede to it on their own as they had not acquired international legal personality. The chapter elaborates on the notion of a colonial clause which triggered political controversy in the UN era. It also covers the drafting history of Article 40. The application of the provision contributed to the participation of new States as they achieved independence. Additionally, developments in international law indicate that the principle of territoriality lost its relevance.
Testimonium to the 1951 Convention/ Article XI of the 1967 Protocol
Authors: Geiß Robin , Li Yao 
Published: June 2024

Abstract
This chapter covers the function of Testimonium to the 1951 Convention and Article XI of the 1967 Protocol. It looks into the relevance of the 1951 Convetion's testimonium. The testimonium primarily focuses on the Convetion's authentic languages, regulation of deposition, and certified true copies being delivered to all members of the UN and non-member States. On the other hand, Article XI contains the standard procedures for regulating the deposition of a copy of the 1967 Protocol in the Secretariat of the United Nations and foreseeing the transmission of certified copies thereof by the Secretary general. The chapter mentions how both elements are not commonly explicitly indicated in modern treaties.
Principles relating to processing of personal data
Authors: der Sloot Bart van 
Published: June 2024

Abstract
This chapter explores Article 4 of the EU Law Enforcement Directive (LED), which offers all the quintessential data protection principles. It is the spine and backbone of the LED, from which most other provisions in the Directive find their root. The principles in Article 4 LED provide that data must be processed fairly and lawfully (fairness principles); that the data must be collected for specified purposes and that further processing must, in principle, be limited to that purpose (purpose specification and limitation principle); that only those data necessary for achieving that specific purpose may be processed (data minimisation principle); that data must be kept accurate and up to date (data quality principle); that personal data may be stored no longer than necessary for the selected purpose (storage limitation principle); and that data must be stored safely and securely (confidentiality principle). The data controller is responsible for and should be able to demonstrate compliance with these rules, also by data processors (accountability principle). Ultimately, these principles are both the oldest and most fundamental of rules contained in the LED.
Time limits for storage and review
Authors: Leiser Mark , Custers Bart 
Published: June 2024

Abstract
This chapter studies Article 5 of the EU Law Enforcement Directive (LED), which requires that competent authorities processing personal data for law enforcement purposes establish clear time limits for storage and review. This provision means that where a competent authority cannot specify a date for the destruction of personal data, it must determine when the competent authority will review the retention period. It is the responsibility of Member States to draft provisions in national legislation to implement time limits for storage and review. Time limits can be determined in many ways; for instance, on the various types of data subjects, the types of crimes, and the types of personal data that are processed. Since each Member State can set its time limits, these may differ by jurisdiction even when other conditions are similar or the same. The chapter then looks at interpretations regarding what each Member State considers an ‘appropriate’ time limit, how to set time limits, and what should be done in practice after the time limits come to an end.
Processing of special categories of personal data
Authors: Jasserand Catherine 
Published: June 2024

Abstract
This chapter details Article 10 of the EU Law Enforcement Directive (LED), which provides for the processing of special categories of personal data. Typically, sensitive data reveal intimate information about an individual’s life, personality, or origin, such as political opinions, philosophical or religious beliefs, sex life or sexual orientation, and racial or ethnic origin. However, they can also reveal information about individuals’ health that they would prefer to keep secret, or provide information about their genetic heritage or biometric characteristics. These two last categories, genetic data and biometric data, have been added to the list of sensitive data during the revision of the data protection framework. Besides the requirements of strictly necessary processing and appropriate safeguards, Article 10 LED provides three legal grounds to process sensitive data. The processing of sensitive data is allowed if authorised by law at national or EU level; to protect the vital interests of the data subject or another person; and where the data have been manifestly made public by the data subject.
Information to be made available or given to the data subject
Authors: Fuster Gloria González 
Published: June 2024

Abstract
This chapter describes Article 13 of the EU Law Enforcement Directive (LED). Article 13 LED details the substance of information obligations imposed on data controllers, while allowing Member States to foresee exceptions to such information obligations in certain cases and under certain conditions. Paragraphs 1 and 2 put forward information obligations, while paragraphs 3 and 4 concern permissible derogations to paragraph 2. Ultimately, Article 13 LED touches upon a particularly critical aspect of data protection in the field of law enforcement, concerning the balance between, on the one hand, the need to enable data subjects to know about the processing of data related to them, and, on the other, the need to avoid jeopardising the activities of the competent authorities that might require the covert processing of personal data. The overall objective of data protection law in this regard could be summarised as making sure that individuals have information about the processing of data about them, which is essential for them to defend themselves against data misuse, while allowing for limitations for such right to information, but only insofar as strictly necessary.
Tasks of the data protection officer
Authors: Svanberg Christian Wiese 
Published: June 2024

Abstract
This chapter covers Article 34 LED, which enumerates the tasks which the data protection officer (DPO) must be entrusted with. Article 34 LED clarifies the full and broad scope of the DPO’s function under the Law Enforcement Directive (LED), such as spanning informing, advising, monitoring compliance with the LED, and cooperating with and acting as the contact point of the supervisory authority. It stresses that Article 34 LED must be read jointly with Articles 32 and 33 LED, which regulate the provisions on the designation and position of the DPO. The chapter lists several Member States that have insufficiently transposed Article 34 LED in their national legislation, such as the Czech Republic, Greece and Sweden that failed to list all the tasks set out in Article 34 LED. Latvia, the Netherlands, and Portugal deviated from the provisions of the LED on the DPO consultation with the supervisory authority.
Transfers subject to appropriate safeguards
Authors: Drechsler Laura 
Published: June 2024

Abstract
This chapter details how Article 37 LED establishes the framework for appropriate safeguards to legitimise an international personal data transfer. All international personal data transfers under the Law Enforcement Directive (LED) have to be based on such a legal basis. Article 37(1) LED notes two alternatives for appropriate safeguards: a legally binding instrument or self-assessed appropriate safeguards. The chapter explains that the alternatives for appropriate safeguards can only be used if there is either no adequacy decision or if the adequacy decision does not cover the intended transfer due to the logical sequence of the transfer legal bases. It recounts the case of WS v. Bundesrepublik Deutschland that touched upon the issue of appropriate safeguards under the LED.