bluuebunny/crossref_metadata_2025_split huggingface dataset:
Equitable and Reasonable Utilization and Factors
Relevant to Determining Such Utilization (Articles 5 and 6)
Authors: Caflisch Lucius 
Published: August 2024

Abstract
This chapter discusses Article 5, which is concerned with equitable and reasonable utilization and participation, and Article 6, which deals with factors relevant to equitable and reasonable utilization. It first considers the preparatory works of the UN Watercourses Convention, paying special attention to the views of the International Law Commission’s (ILC) Special Rapporteurs and the Draft Articles submitted by the Commission to the UN General Assembly. It also examines the negotiations conducted in the Working Group of the Whole of the UN General Assembly’s Sixth Committee, the customary nature of Articles 5 and 6, and the relationship of the two articles with other provisions of the Convention, particularly the ‘no-harm’ rule of Article 7. Finally, Articles 5 and 6 are critically assessed.
Prevention and Mitigation of Harmful Conditions and
Emergency Situations (Articles 27 and 28)
Authors: Moynihan Ruby , Magsig Bjørn-Oliver 
Published: August 2024

Abstract
This chapter analyses Article 27, which requires States to take measures to prevent or mitigate harmful conditions that may be a result of both natural causes (for example, floods and droughts) or human conduct, and Article 28, which governs emergency situations that cause—or pose an imminent threat of causing—serious harm to watercourse States or other States. The chapter first considers the evolution and meaning of obligations to prevent and mitigate harmful conditions and emergencies before discussing the scope, customary value, and normative impact of Articles 27 and 28 as well as their relations with other articles in the UN Watercourses Convention. It also examines a number of issues which have been identified with Articles 27 and 28, including their failure to comprehensively account for human-induced climate change impacts on emergency situations, and natural disasters.
The International Court of Justice
Authors: Thirlway Hugh 
Published: August 2024

Abstract
Article 59 of the Statute of the International Court of Justice limits the force of each decision of that court to the parties and to the particular case. It has, however, become common knowledge that the jurisprudence of the International Court of Justice (ICJ) has made substantial contributions to the establishment and development of international law in a number of fields. A comprehensive study of the International Court of Justice, this book explains all aspects of this increasingly significant legal body, including an overview of the Court’s composition and its operation, its jurisdiction, its procedure, and the nature and impact of its jurisprudence.
The Law Applied by the Court
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter offers some general points concerning the application of international law by a tribunal, and specifically by the International Court. Article 38 of the International Court of Justice (ICJ) Statue in particular outlines instances of international law that the Court is meant to apply. The first is international conventions — whether general or particular, and establishing rules expressly recognized by the contesting states. Next is international custom, as well as the general principles of law recognized by civilized nations. And finally, the Court is subject to the provisions of Article 59, with judicial decisions and the teachings of the most highly qualified publicists of the various nations as subsidiary means for the determination of rules of law. The chapter also discusses other concepts in relation to the topic: the role of equity, certain humanitarian considerations, the concept of peremptory norms, and the principle jura novit curia (‘the court knows the law’).
Central Concepts in the Paris Agreement and How They Evolved
Authors: Rajamani Lavanya , Guérin Emmanuel 
Published: August 2024

Abstract
This chapter introduces the core conceptual pillars which were at the heart of the four-year negotiations for the Paris Agreement. These are: the ambition of global efforts to lower greenhouse gas (GHG) emissions, differentiation between developed and developing countries, and the provision and mobilization of support for climate change efforts. These core conceptual pillars formed the subject of dedicated Ministerial engagement convened by the French Presidency in the second week in Paris. Thus the chapter asserts that the Paris Agreement strikes a fine balance between ambition, differentiation, and support to deliver an agreement acceptable to all Parties. Similarly, the Paris Agreement pays attention to dynamic, sensitive to political, scientific, and technological advances and national capacities, circumstances, and constraints.
Voluntary Cooperation (Article 6)
Authors: Howard Andrew 
Published: August 2024

Abstract
This chapter provides an analysis for Article 6 of the Paris Agreement. The Article sets out several routes through which countries may wish to cooperate in implementing their nationally determined contributions (NDCs). Cooperation is to be on a fully voluntary basis and is to help make countries' climate action more efficient, allowing in turn for ambition in both mitigation and adaptation actions to rise. The chapter discusses how Article 6 sets the balance between proponents and detractors of market approaches to climate action. In addition, it looks at how Article 6 sets out three tangibly different approaches to international cooperation; via the cooperative approaches under Article 6.2 and 6.3, the UNFCCC-governed crediting mechanism under Article 6.4 to 6.7, and the framework for non-market approaches under Article 6.8 and 6.9.
Adaptation (Article 7)
Authors: Suárez Pérez Irene , Churie Kallhauge Angela 
Published: August 2024

Abstract
This chapter looks at how Article 7 of the Paris Agreement consolidates a consensual understanding of what adaptation is, and defines a framework for action by all countries. Article 7 makes the connection between cause and consequence visible, and recognizes that it is a challenge to achieve sustainable development. Adaptation within the Agreement moreover recognizes the link between mitigation ambition and adaptation needs and the requirement for a balanced allocation of financial resources to support mitigation and adaptation in developing countries. Transparency rules are applied softly for action yet comprehensively for support. They are focused on key issues such as planning process, effectiveness, and international follow up to priorities, plans, needs, and actions of developing countries that will further promote enhanced action.
The Extra-Territorial Applicability of International Human Rights Law
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter outlines the circumstances in which human rights law obligations are applicable extra-territorially. It sets out the different categories of extra-territorial jurisdiction that have been found by international and national courts applying human rights law, distinguishing between those cases where the State has human rights obligations because of its control of a territory and cases where State agents exercise authority and control over an individual such as to bring the person within the jurisdiction of the State. Finding that human rights law applies extra-territorially does not mean that all of the State’s human rights treaty obligations apply with respect to a particular situation. With the exception of operations within a State’s own territory and situations of occupation, human rights obligations can be ‘divided and tailored’, such that only those human rights obligations relevant to the situation are applicable.
The Relationship Between the Law of Armed Conflict and International Human Rights Law
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter deals with the relationship between the law of armed conflict and international human rights law. It begins by discussing how this relationship has been addressed in international case law, and what conclusions can be drawn. It then considers the appropriate relationship between the law of armed conflict and international human rights law, and discusses how the overall legal framework to be applied in specific situations may be determined. Next, it explains how the balance between the primary and secondary frameworks may be determined under both the ‘active hostilities’ and ‘security operations’ frameworks. The final section examines the role of derogations, in both international and non-international armed conflict.
Protection of Civilians in the Hands of a Party to the Conflict
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter addresses the protection of civilians in the hands of a party to the conflict. The law of armed conflict establishes specific protections in this regard. These rules are consistent with international human rights law, which adds further detail with respect to the content of specific obligations. The chapter discusses the basic standards of treatment applicable to all civilians in the hands of a party to the conflict, covering humane treatment, prohibited acts, arrest and detention, conditions of detention, trial, protection of women and children, giving and receipt of family news, and delivery of relief supplies. It then explains the law on the evacuation of children, protected persons who are aliens in the territory of a party to the conflict, and restrictions on protected persons.
Humanitarian Assistance
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter deals with the delivery of humanitarian assistance by States’ armed forces. Military involvement in the delivery of humanitarian assistance typically occurs in one of two situations: first, outside armed conflict, when States’ armed forces offer assistance in times of emergency, e.g. natural disasters and the provision of assistance during peace support operations and multinational operations; and, secondly, during armed conflict, when States’ armed forces provide humanitarian assistance, e.g. the provision of assistance during peace support operations and multinational operations. The chapter discusses the relevant legal requirements for relief operations, the delivery of humanitarian assistance, and coordination of relief actions among the actors involved.
Cybercrimes
Authors: Boister Neil 
Published: August 2024

Abstract
As the Internet has grown, so has criminal activity that uses the internet as a tool, and cybercrime has become a significant threat to both government and private organizations and individuals. Focussing on the substantive criminalisation of cybercrime, this chapter briefly examines the nature of cybercrime and why it calls for a transnational response, before analysing in depth the offences spelled out in the leading multinational treaty, the Council of Europe Convention against Cybercrime. It then comments on the contributions made by other international instruments, before closing with a discussion of the promises and prospects of a broader UN Cybercrime Convention.
Asset Recovery
Authors: Boister Neil 
Published: August 2024

Abstract
Recovery of the instruments or proceeds of crime is problematic for most states because the assets to be recovered are many steps away from the original offence, have often been transformed into other forms of property, and are held in a situation practically impossible to link to the crime, difficulties compounded when the assets are in another state. This chapter examines the international development of asset recovery laws. It looks at provision in the suppression conventions for interim measures such as seizure, criminal confiscation, and civil forfeiture, transnational asset recovery, and the dispersal of the assets. It concludes with a brief comment on the human rights implications and effectiveness of asset recovery.
Introduction
Authors: Rose Cecily , Kubiciel Michael , Landwehr Oliver 
Published: August 2024

Abstract
This chapter provides an introduction to the United Nations Convention against Corruption. The Convention takes a comprehensive approach to the problem of corruption, as it addresses prevention, criminalization, international cooperation, and asset recovery. Since it came into force more than a decade ago, the Convention has attracted nearly universal participation by states. It is a global and comprehensive convention, which establishes new rules in several areas of anti-corruption law and helps shape domestic laws and policies around the world. This introduction outlines the Convention’s background, the meaning of the term ‘corruption’ in the context of the Convention, as well as the overall characteristics, structure, and content of the Convention.
UN Environment Regional Seas Programme
Authors: Hasegawa Kanako , Mrema Elizabeth 
Published: August 2024

Abstract
This chapter examines how the United Nations Environment Programme (UNEP) contributes to global ocean governance through its Regional Seas Programme. It first provides an overview of UNEP’s mandates on oceans and seas before discussing its Regional Seas Programme, highlighting the importance of Regional Ocean Governance mechanisms for the sustainable management of the oceans and seas. It then cites several examples of activities that UNEP conducts with the Regional Seas programmes to develop integrated regional policies and strategies and shows how Regional Seas programmes help promote integrated ocean management. The chapter also describes activities related to the conservation of marine biological diversity of the areas beyond national jurisdiction and concludes with an assessment of challenges that the UNEP Regional Seas Programme faces.
Participation of Communities, Groups, and IndividualsCGIs, not Just ‘the Community’
Authors: Jacobs Marc 
Published: August 2024

Abstract
This chapter discusses Article 15. It argues that this article is or should probably be the most important article of the 2003 Convention (next to Article 16) – the participation of communities, groups, and individuals (‘CGIs’). Article 15 is the pivotal core of the 2003 Convention, not only because of its contents, but also thanks to its place, at the boundary of the (national/present in its territory) Articles 11–14/15 and the (international) Articles 16–18. The power and the potential are due to the fact that the key terms, ‘communities’, ‘groups’, and ‘individuals’ are not defined and because up to now reductionist attempts to authoritatively define these concepts or replace them by ‘the community concerned’ could be resisted. As such, this chapter discusses Article 15 by systematically drawing attention to all the actors – the CGIs – involved.
Article 2
Authors: Hilpold Peter 
Published: August 2024

Abstract
This chapter comments on Article 2 of the Framework Convention for the Protection of National Minorities (FCNM). Article 2 states that, ‘the provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations, and co-operation between States’. The provision is of enormous importance in elucidating the aim and effect of an otherwise sober and prudent text, and acts as a potential source for dynamic, evolutive interpretations of the Convention. With regard to law-making in a stricter sense, Article 2 can be interpreted as an invitation to the single parties to conclude specific, further reaching agreements on particular minority issues.
Article 5
Authors: Gilbert Geoff 
Published: August 2024

Abstract
This chapter comments on Article 5 of the Framework Convention for the Protection of National Minorities (FCNM). Article 5 consists of two sections. Article 5(1) requires states Parties to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage. Article 3(2) requires states Parties to refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and to protect these persons from any action aimed at such assimilation. The chapter concludes that the Advisory Commitee can use Article 5(1) to ensure that states parties to the Framework Convention carry out the most fundamental step in creating a truly pluralistic society: effective dialogue between the state and sub-state entities. Moreover, in the context of the Framework Convention, which operates through the domestic implementation of standards and reports submitted by governments to the Committee of Ministers, it is unlikely that direct assimilation will take place.
Article 7
Authors: Machnyikova Zdenka 
Published: August 2024

Abstract
This chapter comments on Article 7 of the Framework Convention for the Protection of National Minorities (FCNM). Article 7 requires states Parties to ensure respect for the right of national minorities to the freedoms of peaceful assembly, association, expression, thought, conscience, and religion. Article 7 is phrased in very general terms, lacking the detailed rules laid down in other substantive provisions of the Framework Convention. Nevertheless, the connection between the detailed standards of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the freedoms specified in Article 7 provides a coherent basis for its interpretation. In this respect, the content of the rights guaranteed by the ECHR should serve as the focal point for states parties when identifying their legal obligations on the enjoyment of these freedoms by persons belonging to national minorities.
Article 16
Authors: Jackson-Preece Jennifer 
Published: August 2024

Abstract
This chapter comments on Article 16 of the Framework Convention for the Protection of National Minorities (FCNM). Article 16 addresses those circumstances in which policies of demographic change or territorial reorganization are used to deny minority rights. Such policies may include: expropriation; eviction; expulsion; and the redrawing of administrative boundaries (gerrymandering). The temptation to manipulate demographics with a view to limiting or avoiding state obligations towards minorities persists, notwithstanding the now conventional interpretation of the principle of self-determination to exclude minority demands for political independence. Article 16 is intended to protect against precisely this sort of deliberate political manipulation of minority populations by states.
Article 21
Authors: Hilpold Peter 
Published: August 2024

Abstract
This chapter comments on Article 21 of the Framework Convention for the Protection of National Minorities (FCNM). Article 21 introduces a safeguard common in human rights instruments and, in particular, in minority rights documents. On the one hand, it constitutes a concession to the fears of states that granting minority rights could constitute a prelude to territorial disruption. Acts contrary to the fundamental principles of international law and, in particular, of the sovereign equality, territorial integrity, and political independence of states cannot be justified for purposes of minority protection. By severing any linkage of this kind, these provisions assure states that minority rights do not constitute a basis for destabilizing demands. Seen positively, this provision emphasizes, on the other hand, the fact that the entire Framework Convention is founded on the understanding that solutions for minority problems have to be arrived at peacefully and constructively.
Towards the Convention
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter chronicles the initial drafting process of the Convention. The genealogy of the Convention is complex: it has many progenitors. The experts and delegates drafting the text absorbed influences and processed theories and practice in their own manner, leaving the marks of their reflections on the adopted instrument. They also instituted the Committee on the Elimination of Racial Discrimination (CERD), mandating it to take the standards towards their stated goal: the elimination of racial discrimination. The chapter shows how these delegates wrestled with the concept of race and racial discourse, the place of minorities and non-citizens within the terms of the Convention, and similar issues of racial discrimination both internal and international in scope.
Article 5
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter details the economic, social, and cultural rights outlined in Article 5. These typically focus on the extent to which economic, social, and cultural rights are enjoyed by groups or categories in the population. Other generic questions on this category of rights focus on whether special measures have been adopted and implemented to facilitate the enjoyment of rights; whether the requisite documentation is available to particular groups in order to avail of the rights in practice; and whether structural forms of discrimination, including language barriers, impact negatively on the enjoyment of rights. The effects of austerity, and economic and financial crises, is also the subject of questioning and recommendations, as are situations of poverty or extreme poverty affecting marginalized groups, and the requisite poverty-reduction strategies. These and other recommendations stress the linkages between poverty and racial discrimination—identified as an ‘intersection’.
Article 5
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter reflects on the evidences of discrimination highlighted in chapters 12 and 13. It comments critically on the interpretation of Article 5, taking its travaux, text, and the archive of CERD practice as the starting points. The practice generated by Article 5 presents a complex profile of racial discrimination, illustrating multiple forms and contexts of discrimination and denials of equality, their institutional settings, and contemporary targets. The abstract grounds of discrimination on Article 1, in practice undiminished in scope under Article 5, metamorphose into human form in the complex, interlocking narratives that characterize global practice in the vindication and denial of rights. Ethnic minorities, indigenous peoples, Afro-descendants, caste groups, multiple categories of non-citizens, groups and persons identified through intersectionalities, particularly women and religious groups, bear the brunt of discrimination, as evidenced in the melancholy record of ‘concerns’ over rights and their violations that populate the archives of Article 5.
International Organizations
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 7 discusses the participation of the United States in international organizations. It begins with a historical perspective on U.S. participation in international organizations, looking back to the Articles of Confederation, constitutional design, and the practice emerging from World War I and World War II. The chapter analyzes how the United States has participated in international organizations, examining methods of admission, withdrawal and suspension, and engagement in rulemaking and dispute resolution. It concludes with a discussion of how international organization lawmaking is incorporated into U.S. law through treaty changes, international legislation, international dispute resolution, and these organizations’ execution of international law, while highlighting concerns about the delegation of national authority to international organizations.