bluuebunny/crossref_metadata_2025_split huggingface dataset:
Interpretation and Revision of Judgments
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter lays out the requirements for the interpretation and revision of judgments. Only judgments are subject to interpretation: this follows from (or is at least implied by) the mention of interpretation immediately after the mention of the binding force of a judgment. The chapter explores the problems and stipulations associated with this precondition, such as the binding force of Orders. Revisions of judgments, however, are a process whereby the Court can be made aware of a relevant fact that was not then known to it, and can, if necessary, modify its decision. It is not a procedure for the correction of a mistake allegedly made by the Court on the basis of the material that was before it when it gave the judgment.
The Court at 70
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This concluding chapter reflects on the developments made by the Court since its inception as the Permanent Court of International Justice (PCIJ). Throughout the years the Court has been the subject of much international commendation for its important and valuable contribution to the settlement of present international disputes, and to the settlement of future disputes through the establishment and clarification of international law. However, the Court has also faced criticisms and even arguments urging for reform. The chapter addresses this and other relevant issues raised in recent years. Despite the commendations it has received, the Court has not met the expectations of these critics; hence the chapter looks inward to the composition of the Court and its functions, arguing for the Court’s merits even as it also concedes that the Court itself is not perfect.
Negotiating History of the Paris Agreement
Authors: Bulmer Jane , Doelle Meinhard , Klein Daniel 
Published: August 2024

Abstract
This chapter describes the history of the Paris Agreement negotiations, its milestones, challenges and the significant role played by key actors active in the international climate regime. It takes a broad perspective and includes the negotiation strands that preceded the launch of the Paris Agreement negotiations. The chapter focuses on the negotiations that took place between 2005 and 2015, which can be roughly divided into two blocks. The first block spans the years 2005–2010, which saw developments that formed the twin negotiation tracks under the Bali Road Map. The second block takes place from 2011 to 2015 and comprises further developments which would lead to the adoption of the Paris Agreement. The chapter also gives specific attention to the key actors that played a significant role in shaping expectations, the evolving texts, and the final outcome achieved in Paris.
Loss and Damage (Article 8)
Authors: Siegele Linda 
Published: August 2024

Abstract
This chapter examines Article 8, which addresses the loss and damage associated with the adverse effects of climate change. Its placement in the Agreement separates it from adaptation, signalling that loss and damage carries with it a unique set of cross-cutting issues. There are few ‘action-orientated’ provisions in Article 8 and its accompanying Decision 1/CP.21. However, the operation of the Warsaw international mechanism for loss and damage associated with climate change impacts (‘Warsaw International Mechanism’ or WIM), which was established two years prior to the adoption of the Paris Agreement, is already underway. The WIM's current plan of work already covers many of the areas of cooperation set out in Article 8.4 of the Agreement, including comprehensive risk management, slow onset events, and non-economic losses.
Climate Finance (Article 9)
Authors: Gastelumendi Jorge , Gnittke Inka 
Published: August 2024

Abstract
This chapter focuses on climate finance via Article 9 of the Paris Agreement. Climate finance is a central piece of the international climate change architecture and was determinant in reaching a global agreement on climate change in Paris. The Paris Agreement introduces a broader understanding of climate finance, which historically had been limited to public financial flows from developed to developing country Parties. Article 9 is in line with Article 2.1(c) that sets ‘making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development’ as the third objective of the Agreement. It is a result of the recognition of the economic and financial reality that in order to overcome the challenges posed by climate change, every single kind of available financial flows is needed.
Assessment of Strengths and Weaknesses
Authors: Doelle Meinhard 
Published: August 2024

Abstract
This chapter assesses the strengths and weaknesses of the Paris Agreement. It first discusses the regulatory approaches used in maintaining global cooperation, comparing and contrasting both the Kyoto Approach and the Paris Outcome. The chapter then offers a bird's eye view of the key elements of the Paris Agreement. In particular, it focuses on these key elements as context for the overall assessment of the Paris Outcome. Next, the chapter examines the Paris Outcome in the context of what it aims to do, to motivate state action beyond no regrets action toward an agreed long-term goal through a hybrid, managerial rather than a top-down approach based on an assumption that Parties will act prominently out of self-interest and to spur climate action more broadly. Finally, the chapter concludes with further insights and recommendations for future action.
Understanding International Human Rights Law
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter provides an overview of international human rights law and its monitoring and judicial bodies, and sketches out the principal differences between this and the law of armed conflict. The discussions cover the relevance of human rights law to the activities of armed forces; the features that distinguish human rights law from the law of armed conflict; State obligations in respect of human rights; limitations to human rights; human rights law instruments (e.g. UN treaties and institutions, other treaties and standards, regional treaties and arrangements, and customary international law); liability and responsibility for violations of the law of armed conflict and human rights law; and pleadings before human rights courts and other bodies.
Identifying, Defining, and Classifying the Activities of Armed Forces
Authors: Murray Daragh 
Published: August 2024

Abstract
While international human rights law may in principle apply across the whole spectrum of military activities, the law of armed conflict applies only in armed conflicts, including belligerent occupation. The classification of a situation as an armed conflict will therefore determine whether that body of law is applicable to particular military activities and which rules will govern the conduct of armed forces. This chapter discusses the interface between non-international and international armed conflict; occupation and the application of international human rights law; other military activities (e.g. peace support operations, humanitarian assistance/disaster relief operations, military operations in the air and in the maritime environment, and multinational operations); and the classification of military activity.
Conduct of Hostilities and Targeting
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter addresses the use of force during military operations in armed conflict. Both the law of armed conflict and international human rights law apply to such military operations. The degree to which either the law of armed conflict or international human rights law influences the applicable legal framework is dependent upon the situation. The chapter begins by discussing the situations in which the ‘active hostilities’ framework and the ‘security operations’ framework are applied, with a specific focus on the use of force. Key elements of the most relevant international human rights law provisions are then addressed. The remainder of the chapter focuses on specific issues arising in relation to the conduct of hostilities and targeting, and indicates the extent to which international human rights law is applicable in situations of ‘active hostilities’ on the one hand and ‘security operations’ on the other.
Peace Support Operations
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter deals with peace support operations (PSOs), which are in practice conducted by a number of States, although technically they may be conducted by one State alone. It focuses on PSOs that are established as a subsidiary organ of the United Nations or are otherwise subject to the effective control of the United Nations. The discussions cover the law applicable to PSOs; the regulation of PSO forces that are parties to an armed conflict by the law of armed conflict and international human rights; the regulation of PSO forces that are not parties to an armed conflict by international human rights law; the use of force for the protection of others; responsibility for the actions of an armed force authorized by the United Nations; and the protection accorded to PSO forces not parties to an armed conflict.
Maritime Warfare
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter addresses the law of armed conflict and international human rights law requirements relevant to naval operations. These include those conducted during international armed conflict, non-international armed conflict, and situations not constituting armed conflict. The chapter begins by distinguishing between merchant vessels, auxiliary vessels, and warships. It then discusses basic rules and target discrimination for enemy vessels exempt from attack, enemy warships, enemy merchant vessels, and neutral merchant vessels; methods and means of warfare (e.g. missiles and other projectiles, torpedoes, mines, blockades, and security zones); determination of enemy character of vessels; visit and search of merchant vessels; diversion for the purposes of visit and search; capture of enemy vessels and goods and neutral vessels and goods; protected persons, medical transports; and maritime security operations (e.g. anti-piracy operations, anti-drug trafficking operations, arms embargo interdictions, and weapons and human trafficking interdictions).
Migrant Smuggling
Authors: Boister Neil 
Published: August 2024

Abstract
‘Irregular migration’ in the sense of unauthorized crossing of borders even if in pursuit of asylum raises two questions: whether the movement of individuals whose status as refugees is yet to be determined is a lawful form of migratory movement or not; and whether assisting these individuals to cross borders is lawful or not? This chapter explores the nature of modern migrant smuggling before turning to the criminalization of assistance of migration of individuals whether or not the qualify for refugee status. It examines the main international instrument designed for that purpose, the Migrant Smuggling Protocol, paying particular attention to the various criminal offences in the Protocol. It then shifts its attention to the protection of the migrants themselves under the Protocol, focussing on the inadequacy of their human rights protection.
Emerging Transnational Crimes
Authors: Boister Neil 
Published: August 2024

Abstract
This chapter explores a range of emerging but disparate transnational crimes, some of which are more well-established than others. It examines the development and elements of anti-competitive conduct, intellectual property offences, the counterfeiting of medicines, identity fraud, offences against children, before exploring very briefly whether new suppression conventions are actually necessary to counter emerging threats.
Jurisdiction over Transnational Crime
Authors: Boister Neil 
Published: August 2024

Abstract
This chapter is principally concerned with the role transnational criminal law plays in the extraterritorial expansion by states of their jurisdiction in order to suppress crimes that occur, in whole or in part, abroad. It examines the various principles embodied in provisions of the suppression conventions and used as the basis for that extension: territoriality and its variations, nationality, passive personality, protective jurisdiction, jurisdiction conditional on non-extradition, and (controversially) universality. Finally it looks at problems of concurrent jurisdiction and immunity from jurisdiction. The chapter begins, however, by looking at the distinction between establishing and enforcing jurisdiction and limitations on jurisdiction over transnational crime.
Institutions
Authors: Boister Neil 
Published: August 2024

Abstract
This chapter provides a short guide to the institutions that currently play an important formal and practical role in the creation of new policies and new rules of transnational criminal law and in the administration of the resulting system. In line with the general focus of the book on the global multilateral components of transnational criminal law, rather than regional or national elements, its main focus is on the UN criminal justice institutions, which are based mainly in Vienna. Within the UN different institutions play different roles: some make transnational criminal policy, some transform this into law, some provide oversight and some provide administrative and technical expertise. The following discussion follows this breakdown of functions, before looking at other significant intergovernmental institutions and the role of non-governmental organisations.
The Preamble
Authors: Blake Janet 
Published: August 2024

Abstract
This chapter examines the Preamble to the 2003 Convention. It shows how this preamble works on three primary levels. The first level articulates the goals and purposes of the Member States in developing a new standard-setting instrument for safeguarding intangible cultural heritage. The second concerns setting out the wider international law and policy context, including the principles that it seeks to put into effect, and how the new treaty will fit into this picture. The third relates to areas in which implementation of the treaty may lead to future development of international law. For this last, the references to sustainable development and the centrality of communities, groups and, individuals to safeguarding are obvious examples where implementation thus far has already begun to suggest new approaches being developed that may well inform future law-making.
Purposes of the Convention
Authors: Nafziger James A R 
Published: August 2024

Abstract
This chapter contextualises Article 1 of the 2003 Convention within three key areas. This article states the purposes of this convention, particularly its overarching purpose, which is ‘to safeguard the intangible cultural heritage’. To that end, this chapter first examines Article 1 against the backdrop of prior and collateral legal developments. It then analyses the article within the context of the Preamble and Article 3 as well as its application of the 1989 Recommendations set forth by the United Nations Educational, Scientific and Cultural Organization (‘UNESCO’). Furthermore, this chapter considers Article 1 by reference to the definitions found in Article 2. Finally, Article 1 is analysed in view of subsequent practices.
Manifesting Intangible Cultural Heritage
Authors: Ubertazzi Benedetta 
Published: August 2024

Abstract
This chapter considers the domains within which intangible cultural heritage (ICH) is manifested, which is the focus of Article 2(2). The first domain is identified as ‘oral traditions and expressions’, in which a ‘spoken form’ is made explicit as a criteria in the manifestation of this domain. The chapter then turns to performing arts, which encompass a much wider set of criteria such as music and dance. Next, ‘social practices, rituals and festive events’ are considered. These are activities which cover a broad scope but are connected to a community’s worldview and perception of its own history and memory. The fourth domain is ‘knowledge and practices concerning nature and the universe’ which likewise covers a broad range of areas with strong links to traditional ecological knowledge (‘TEK’). Finally, the chapter looks at traditional craftsmanship, considered the most tangible manifestation of ICH.
Organs of the Convention
Authors: Carducci Guido 
Published: August 2024

Abstract
This chapter provides commentary on Articles 4 to 8, referred to as ‘Organs of the Convention’. First, Article 4 considers the General Assembly of States Parties and its structure and organization. Next, the chapter turns to Article 5, focusing this time on an ‘Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage’ (‘the Committee’). Following this is Article 6, which provides for the election and terms of office of States Members of the Committee. Article 7, meanwhile, lays out the functions of the Committee, providing a detailed but not exhaustive list of functions mandatory for the Committee. Finally, this chapter discusses Article 8, which covers the working methods of the Committee.
Final Clauses
Authors: Shyllon Folarin 
Published: August 2024

Abstract
This chapter studies the first set of final clauses of the 2003 ICHC. It first looks at Article 32, which designates the Director-General of UNESCO as the depository of the instruments of ratification, acceptance, and approval of the 2003 Convention. The chapter then briefly discusses Article 33 on accession. Accession, as a means of becoming a party to a treaty, is generally used by States wishing to indicate their consent to be bound by a treaty if, for whatever reason, they are unable to sign it. Finally, Article 34 concerns ratification. Usually the provisions of the treaty declare the date on which the treaty enters into force, often a specified time following its ratification or accession by a fixed number of States.
Federal or Non-Unitary Constitutional Systems
Authors: Boer Ben 
Published: August 2024

Abstract
This chapter canvasses the obligations under the 2003 Convention with respect to federally organised or non-unitary states under Article 35. It also looks at several examples of unitary States that recognise the participation of sub-national entities in identification, management, and awareness-raising of the intangible heritage items within the relevant territorial jurisdiction. Article 35 addresses the obligations for implementation of the Convention for those State Parties that are constituted as federal or non-unitary systems (referred to here under as ‘federal’). Under these types of systems, there is generally a sharing of power between a central or national government and two or more sub-national governments. Federal systems are typically those that have a national or central government, together with two or more constitutionally recognised state or provincial governments, cantons, or equivalent, which have varying degrees of power to legislate and govern.
Basic Concepts of International Humanitarian Law
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter deals with the obligations of states and other duty bearers under international humanitarian law. As in the case of human rights obligations, it distinguishes between the nature and scope of obligations under international humanitarian law and the different aspects of the scope of application. A model is then developed for examining violations of international humanitarian law. However, before discussing these aspects, it first considers the important principle that humanitarian law, as lex specialis, is applicable only during times of armed conflict. The chapter focuses on those among the provisions of the Geneva Conventions and their Additional Protocols that have a direct bearing on human rights.
Protection of Participation in Political Life
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter deals with political rights. Political rights, understood in a broad sense, are designed to enable people to communicate as freely as possible with others and to enjoy, as far as possible, equality of opportunity under the law to participate in shaping their social context. The right of free access to all sources of desired information without state interference and the right to form and express one's own opinions are both protected by the freedom of expression. Of equal importance for the formation of opinions and their public manifestation is the right, protected by freedom of assembly, to meet freely with other persons, be it for a private meeting or for a demonstration on public grounds. Lastly, free political activity depends on like-minded people being able to join together in political parties or other organizations. This right is protected by the freedom of association.
Mediation of Cross-Border Commercial Disputes in the European Union
Authors: Vandekerckhove Karen 
Published: August 2024

Abstract
Mediation has received considerable attention at European Union level during the last few years. Several directives have been adopted, especially the general Directive 2008/52 of 21 May 2008 on certain aspects of mediation in civil and commercial matters and the specific instruments focused on consumer matters, Directive 2013/11 on consumer alternative dispute resolution (ADR) and Regulation 524/2013 on consumer online dispute resolution (ODR). EU law further guarantees the enforceability of mediated agreements both within member states and across borders. This regulatory framework has promoted mediation across the member states, triggering and boosting reform at national level. At the same time, questions arise as to the relationship and coherence among the various instruments. A horizontal evaluation covering all the existing instruments in the area of mediation could form the basis for a better coordination between them. While the cross-border enforcement of mediated agreements in commercial matters is already to a great extent regulated among member states, the EU could also play a key role in the development of a legal framework at the international level, by participating in the preparation of a judgment’s convention under the auspices of the Hague Conference on Private International Law and a model law/convention in UNCITRAL.
Codes of Conduct for Commercial and Investment Mediators
Authors: Tirado Joe , Vicente Maravall Elisa 
Published: August 2024

Abstract
To celebrate the fiftieth anniversary of the New York Convention in 2008, many leading international arbitration practitioners and academics wrote a plethora of articles to extol its virtues and success. A few commentators, most notably Albert Jan van den Berg, questioned whether the time had come to modernize the New York Convention. With this in purpose in mind, van der Berg proposed and drafted a new Convention on the International Enforcement of Arbitration Agreements and Awards. While van der Berg’s draft received considerable attention and commentary, it did not gain favor internationally and it was not pursued or adopted. This chapter first revisits van den Berg’s original proposal and the reactions it received at the time. Second, it looks at some of the challenges that international arbitration has faced in the ten years following van der Berg’s controversial proposal. Finally, the chapter consider whether in view of these challenges it is now time to reconsider the adoption of a new New York Convention.