bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 15
Authors: Weller Marc 
Published: August 2024

Abstract
This chapter comments on Article 15 of the Framework Convention for the Protection of National Minorities (FCNM). Article 15 has served as a focal point for the crystallization of legal obligations concerning effective participation of minorities. The rather general terms of the Article are beginning to be filled out with concrete legal meaning. This is certainly the case in relation to the overall structure of the state, the need for adequate parliamentary representation, consultative processes, and executive representation. In other, sensitive areas, debates will continue on claims for territorial autonomy and issues of party registration. Article 15 has also served to highlight the obligation of states to go beyond the combating of discrimination when considering cultural, social, and economic opportunities of persons belonging to minorities. Overall, implementation practice on this article has been considerable.
Article 18
Authors: Jackson-Preece Jennifer 
Published: August 2024

Abstract
This chapter comments on Article 18 of the Framework Convention for the Protection of National Minorities (FCNM). Article 18 consists of two sections. Article 18(1) is an aspirational clause, which seeks to promote international relations conducive to the protection of persons belonging to minorities and, by extension, the preservation of international peace and stability. States, and in particular neighbouring states which possess transnational minorities, are thus encouraged to enter into bilateral and multilateral arrangements for the protection of such persons. Like Article 18(1), Article 18(2), is an aspirational clause. Instead of stipulating clear guidelines for state conduct with respect to minorities, it endorses a form of behaviour which states are free to follow as they see fit. The provisions of Article 18(2) are not therefore obligatory, but rather recommended practice; states are not obliged to enter into transfrontier co-operation, but should take measures to ‘encourage such cooperation’ where they deem it ‘relevant’ to do so.
Article 20
Authors: Hilpold Peter 
Published: August 2024

Abstract
This chapter comments on Article 20 of the Framework Convention for the Protection of National Minorities (FCNM). Article 20 aims to introduce a balance between rights and obligations: members of minorities are not only bearers of rights, but also holders of duties. This is a very sensitive area and, therefore, during the drafting process a great deal of attention was given to the actual wording of this provision. With regard to the FCNM, a compromise has been found with which minorities will be able to live: the loyalty requested from them towards the state as a whole, and towards other groups and people living in the state, is neither greater nor lesser than for any other member of the same state community. From a political standpoint, this does not prohibit states from reminding minorities of their obligations towards others, even if minorities are the only groups to be addressed by this exhortation.
The Convention and the Committee
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter focuses on fully functioning CERD procedures. In addition, it provides briefer references to other procedures ‘on the books’ that have not engendered sufficient practice. These include the inter-State procedure, the non-functioning of which may be contrasted with the active engagement with the Convention by the International Court of Justice in Georgia v Russian Federation, and the procedure under Article 15 of the Convention, which has seen its operative decolonization context progressively eroded. The discussion reflects on the principal developments since CERD became operational, while maintaining a primarily analytical focus. The legal and geopolitical changes that have occurred since the adoption of the Convention have marked its procedures as much as the substantive norms.
Title and Preamble
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter discusses the development and interpretations of the title and preamble to the Convention. The title and preamble reflect the fundamental values and aspirations of the Convention and the wider United Nations in an international system that was advancing to a post-colonial phase while colonial vestiges remained. The fact that (Western) colonialism and apartheid have passed into history does not deprive the title and preamble of their power to guide and inspire. As with other elements in the Convention, the text of the preamble was not achieved without struggle. The continuing ambiguities with regard to ‘race’, were not fully resolved in the preamble, and a degree of universalist myopia prevailed in the discussions of minorities, obfuscating the question of who the likely victims of racial discrimination would turn out to be.
Article 4
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter covers Article 4, which addresses ‘racist hate speech’ through the use of penal provisions. CERD understands racist hate speech as ‘a form of other-directed speech which rejects the core human rights principles of human dignity and equality and seeks to degrade the standing of individuals and groups in the estimation of society’. Half a century after the adoption of the Convention, racist hate speech remains a significant social phenomenon. The rationale of taking racist speech seriously can be understood by reflecting on the discourses of dehumanization that are characteristic elements of genocidal processes, or on the climate of oppression that can flourish if unchecked against vulnerable minorities through normalization or banalization of discourses of racial inferiority and superiority. Targeted groups well appreciate that the lines between thought, public discourse, and oppressive action can be very thin.
Article 6
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter cites Article 6 and other international instruments in articulating the right to remedy and protection in cases of discrimination. The corpus of international human rights law contains an abundance of ‘primary rules’ pertaining to these issues, including those in Article 6 of ICERD. The article insinuates that remedial justice processes have a vital role to play in buttressing and securing the human rights of threatened individuals and groups. Justice processes also have educational and expressive functions in demonstrating the commitment of States to treating racial discrimination as a reprehensible, socially disruptive phenomenon, thoroughly deserving of condemnation. Furthermore, the reparatory aspect of Article 6 is important in symbolizing dedication to the ‘repair’ of individuals and communities damaged by racial discrimination, the recognition of their dignity, and the formal restatement of their entitlement to the effective enjoyment of human rights.
Freedom of assembly and association/Liberté de réunion et d’association
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 11 of the European Convention on Human Rights, which protects the freedom of association and peaceful assembly. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to an effective remedy/Droit à un recours effectif
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 13 of the European Convention on Human Rights, which guarantees the right to an effective remedy: ‘Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law’. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of abuse of rights/Interdiction d’abus de droit
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 17 of the European Convention on Human Rights, which prohibits the abuse of rights set forth in the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Number of judges/Nombre de juges
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 20 of the European Convention on Human Rights, which sets the number of judges of the European Court of Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Jurisdiction of the Court/Compétence de la Cour
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 32 of the European Convention on Human Rights, which confirms the jurisdiction of the Court. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the Court European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Inter-State cases/Affaires interétatiques
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 33 of the European Convention on Human Rights, which deals with the inter-State complaint mechanism established by the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Privileges and immunities of judges/Privilèges et immunités des juges
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 51 of the European Convention on Human Rights, which states that judges shall be entitled, during the exercise of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Safeguard for existing human rights/Sauvegarde des droits de l’homme reconnus
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 53 of the European Convention on Human Rights, which states that nothing in the Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Denunciation/Dénonciation
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 58 of the European Convention on Human Rights, which allows a State to denounce the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Signature and ratification/Signature et ratification
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 59 of the European Convention on Human Rights, which deals with the signature and ratification of the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Territorial application/Application territoriale
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 4 of Protocol 1 to the European Convention on Human Rights, which deals with the territorial application of the Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Preamble/Préambule
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents the Preamble of Protocol 7 to the European Convention on Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right not to be tried or punished twice/Droit à ne pas être jugé ou puni deux fois
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 4 of Protocol 7 to the European Convention on Human Rights, which deals with the right not to be tried or punished twice for an offence for which a person has already been acquitted or convicted. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Relationship to the Convention/Relations avec la Convention
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 7 of Protocol 7 to the European Convention on Human Rights, which explains that the provisions of articles 1 to 6 of this Protocol shall be regarded as additional Articles to the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Abolition of the death penalty/Abolition de la peine de mort
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 1 of Protocol 13 to the European Convention on Human Rights, which abolishes the death penalty. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Origin and Further Development
Authors: Weiß Norman 
Published: August 2024

Abstract
This chapter traces the history of the Council of Europe (CoE). The narrative begins during the twentieth century, at the interwar period — which witnessed both timid and more forceful steps towards organisations aiming at peace through law and offered a stage for more specific plans concerning Europe. By discussing the international political situation during this period, the chapter foregrounds the eventual founding of the CoE and the preparations it entailed. The chapter then presents an overview of the CoE, its policies and its structure, before moving the discussion forward to the Eastern enlargement of the CoE as well as its more recent developments. Finally, the discussion ends by noting some challenges currently faced by the CoE.
The Council of Europe Development Bank
Authors: Steckhan Rainer 
Published: August 2024

Abstract
This chapter attempts to contribute to a better understanding of the Council of Europe Development Bank (CEB) and its evolving role. It explores the financial and organisational aspects of the CEB, particularly in its role as a social development bank. The CEB is a modern International Financial Institution (IFI), with a focus on social development in Europe. It is a co-financier together with other IFIs of social projects; it has a network of contacts and partnerships with European and worldwide institutions as well as a special relationship with the Council of Europe (CoE). As a development bank it has maintained its primary purpose of helping refugees, displaced persons or migrants, as well as victims of natural disasters through loans and technical assistance. Over the past decades, the CEB has also broadened its activities to support social cohesion and employment in Europe in general.
Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group)
Authors: Sipp Werner 
Published: August 2024

Abstract
This chapter highlights the Co-operation Group to Combat Drug Abuse and Illicit Trafficking in Drugs (Pompidou Group). The Pompidou Group is an organisation for inter-governmental co-operation in the area of drug policy, based on a Partial Agreement linked with the Council of Europe (CoE). The Group was initiated in 1971 by the former President of France, Georges Pompidou, as the very first platform in Europe in the field of drug policy, in response to the rising drug problems of the late 1960s and early 1970s, when an increasing use of drugs emerged as a social phenomenon among young people in Europe. From here, this chapter describes the origins and development of the Pompidou Group, before presenting a detailed overview of the organisation. It discusses the Group’s structure and financing, its working methods and tools, its activities and major achievements, its role in the international context, as well as its future prospects.
European Audiovisual Observatory
Authors: McGonagle Tarlach 
Published: August 2024

Abstract
This chapter provides an overview of European Audiovisual Observatory (the Observatory). The Observatory has grown to become a leading source of legal and economic information concerning the European audiovisual sector for audiovisual professionals since the 1990s. As a result, it has made a significant contribution to enhancing transparency in the sector. The aims and functions of the Observatory are formally set out in Article 1 of the Statute of the European Audiovisual Observatory. It states that the Observatory aims to ‘improve the transfer of information within the audiovisual industry, to promote a clearer view of the market and a greater transparency. In doing so, the Observatory shall pay particular attention to ensuring reliability, compatibility and comparability of information’.
European Social Charter
Authors: Dörr Oliver 
Published: August 2024

Abstract
This chapter takes a look at the European Social Charter (ESC). The ESC is a binding treaty under international law which lays down both minimum rights for employees with regard to their working conditions and general minimum standards for social security and cohesion. In substance, the ESC adopts to a large extent the rules of the International Labour Organisation (ILO), and its social guarantees largely correspond to those laid down at the universal level in the International Covenant on Economic, Social and Cultural Rights (ICESCR). As human rights guarantees, the ESC rules are supposed to take up the impulse which was set by Articles 22 to 25 of the Universal Declaration of Human Rights. In that document the community of States laid down, albeit not in legally binding manner, the right of everyone to social security and to an adequate standard of living.
Establishing Common Standards and Securing the Rule of Law
Authors: Breuer Marten 
Published: August 2024

Abstract
This chapter considers standard setting under the rule of law ‘pillar’ of human rights. A certain degree of harmonisation of the Member States laws is among the tasks of the Council of Europe (CoE). Unlike the European Union, however, the CoE cannot enact secondary legislation in order to achieve harmonisation of laws. Article 15 (a) and (b) CoE Statute thus enumerates the instruments which are at the Council’s disposal: ‘conventions or agreements’ (a) and ‘recommendations’ (b). From here the chapter establishes the Council’s concept of the rule of law, before settling in to a more general discussion on the Council’s standard setting instruments. The chapter also offers some discussion on the institutional aspects relating to the above, before concluding with some final insights.
The Addressees of Common Article 3
Authors: Sivakumaran Sandesh 
Published: August 2024

Abstract
Common Article 3 is the only Article in the Geneva Conventions that regulates non-international armed conflicts (NIACs). Common Article 3 provides that, in NIACs, ‘each Party to the conflict shall be bound to apply’ certain listed provisions. The Article is thus addressed to the parties to the conflict. Two principal issues arise from the construction: Who are the parties to a NIAC? How are the parties bound by Common Article 3? This chapter discusses the meaning and application of Common Article 3, its applicability in international armed conflict, and the legal consequences of violation of the norms contained in Common Article 3.