bluuebunny/crossref_metadata_2025_split huggingface dataset:
Non-discrimination and full and effective equality
Authors: Henrard Kristin 
Published: August 2024

Abstract
This chapter considers the relevance and instruments of non-discrimination and equality in the protection of minority rights. It provides an overview of the applicable legal standards relating to non-discrimination as well as the specific issues to be considered. Of particular interest is the equality principle and the issues surrounding the concept, such as the ‘equal opportunity approach’. The chapter then analyses a number of case laws focusing on the prohibition of discrimination (being the central component of the first pillar of an adequate system of minority protection), while including affirmative action and more specifically the interrelation of non-discrimination and affirmative action. Throughout the analysis the underlying theme is the extent to which certain mechanisms contribute (or not) to substantive equality, the latter being the ultimate goal of minority protection.
Religious rights
Authors: Machnyikova Zdenka 
Published: August 2024

Abstract
This chapter provides an overview of the nature and scope of the minimum standards for freedom of religion and belief as regulated by the principal norms of international standards. The main focus on their interpretation is through the jurisprudence of the supervisory bodies, with special attention paid to the effect of their practice on the protection of the enjoyment of the right to freedom of thought, conscience, and religion by minorities. Religion entails a broad range of rights that are of central importance to personal, as well as group, identity. Moreover, religion and particular beliefs are often the unique features distinguishing members of minorities from the majority. In this respect, the principle of religious pluralism protected by the freedom of religion often constitutes the foundation for the protection of religious minorities.
Family, private life, and cultural rights
Authors: Holt Sally 
Published: August 2024

Abstract
This chapter analyses the aspects and issues of the rights to family and private life, as well as the cultural rights, specific to minority groups. The rights to family and private life are closely interlinked with cultural rights — the latter of which holds particular significance for persons belonging to minorities, as these encompass their very cultural difference vis-à-vis the wider society that they wish to preserve. Certain aspects of the right to family and private life may also be of special relevance for minority communities. Contemporary issues surrounding the right to family life involve immigration and educational policies, while heightened surveillance and the destruction of property may impede minorities' right to privacy. The chapter further explores the content of the aforementioned rights in more detail, and presents an analysis of the case laws pertaining to each of these three rights.
Education
Authors: Thornberry Patrick 
Published: August 2024

Abstract
This chapter places emphasis on the development of educational norms through jurisprudence, specifically underscoring education as a human right. Education, as the UN Committee on Economic, Social and Cultural Rights puts it, is ‘both a human right in itself and an indispensable means of realizing other human rights’. The chapter notes that the general right to education is reasonably elaborate as concerns levels of education, parental choice, the curriculum, participation, and resources. Current international standards favour real choices for minorities in curricula and institutions, and are anti-fundamentalist in tone. These developments labour under the assumption that the best way of facilitating rights to existence and identity is to promote the social integration of minorities, while taking care to avoid cultural constriction in the integration process.
Physical integrity, due process and the administration of justice
Authors: Hofmann Rainer , Nasic Halida 
Published: August 2024

Abstract
This chapter examines the right to existence, specifically both the existence of the individual and the existence of the group. Beyond mere ‘physical’ existence and well-being, the existence of a minority group occurs through the shared consciousness of its members. The first part of this chapter focuses on the more limited notion of ‘physical’ existence of individual persons belonging to minorities, specifically their right to life, and freedom from torture, inhuman, and degrading treatment. The chapter then considers the rights pertaining to the administration of justice and legal proceedings in a procedurally fair and transparent manner. The contents of the rights discussed in this chapter are all assessed in the different international human rights documents with global or regional applicability, based on a general analysis of the pertinent case law with a particular emphasis on the emerging jurisprudence relevant to minority protection.
Socio-economic rights as minority rights
Authors: Salomon Margot E 
Published: August 2024

Abstract
This chapter covers international jurisprudential developments relating to minorities as regards socio-economic rights. On the one hand it considers cases that deal with discrimination against minorities in access to socio-economic rights and opportunities, but its focus lies beyond these concerns. As a direct result of the absence of any instrument explicitly addressing rights to housing, land, natural resources, food, health, and a healthy environment from a minority perspective, the recent history of minority jurisprudence in this area is reflective of a gap in our international system of protection, and the resultant innovative and purposive evolution of it. The chapter emphasises that the effective protection of socio-economic rights for minorities is tantamount to the protection of minority rights. That is, the exercise of socio-economic rights serves to protect their culture and particular ways of life: the elements of their collective identity that make them distinct.
The World Trade Organization
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
The World Trade Organization (WTO) is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This revised new edition provides a complete overview of the law and practice of the WTO. The chapters begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: firstly, where free trade is seen to be incompatible with environmental protection and, secondly, where WTO law confronts legal regimes governing issues of competition and intellectual property.
Sources of Law and Principles of Interpretation
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter discusses the sources of World Trade Organization (WTO) law, which are the covered agreements that appear in Appendix 1 of the Understanding on Rules and Procedures Governing Settlement of Disputes (Dispute Settlement Understanding or DSU). These agreements include provisions of various other international agreements, which should also be regarded as sources of WTO law. However, the covered and incorporated agreements do not exhaust the WTO sources of law. Additional sources of WTO law include state practice, secondary law, implied powers of WTO adjudicating bodies, and rules of public international law that may have relevance through the provisions of the Vienna Convention on the Law of Treaties (VCLT).
Enforcement of WTO Obligations
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter first discusses the implementation of the Dispute Settlement Body's (DSB) recommendations and rulings. It then covers remedies in cases of successful non-violation and situation complaints; recommendations and suggestions by panels and the Appellate Body regarding the implementation of DSB decisions; lex specialis remedies; prompt compliance and the reasonable period of time; compliance review pursuant to Dispute Settlement Understanding (DSU) Article 21.5; enforcement measures pursuant to DSU Article 22; and compliance following the adoption of countermeasures.
Most Favoured Nation Treatment
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter focuses on the Most-Favoured-Nation (MFN) obligation in GATT. It discusses the provisions of GATT Article 1; the MFN in the GATS; and exceptions in MFN. It concludes that the administration of MFN today is paradoxical: while the standards for the application of MFN treatment are very strict and the elements of MFN are all-encompassing, the broad exceptions to MFN for preferential trade agreements and for developing countries sharply restrict the scope and the actual importance of MFN. In fact, it can be stated that in the early part of the twenty-first century, MFN is fast becoming only a quaint exception to the general rule that preferential trade arrangements now rule international trade.
National Treatment
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter discusses the National Treatment (NT) obligation present in all World Trade Organization (WTO) agreements. It begins with a brief overview of important NT provisions in the Agreement on Technical Barriers to Trade (TBT) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), in the GATS, and under the TRIPS Agreement. It then discusses the general NT obligation in GATT enshrined in its Article III. It covers the application of Article III to state-trading monopolies; the application of Article III national treatment obligations to sub-federal units of WTO members; the relationship between Article III and Article XI of the GATT; and exceptions to the National Treatment Principle.
Tariffs, Quotas, and Other Barriers to Market Access for Goods
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter focuses on the age-old classic market access barriers that prevent a product from even crossing the border (quotas, including quotas that allow zero importation) or that render it less competitive. It discusses the law on tariffs on goods; customs-related measures; quantitative restrictions; and other measures restricting market access (i.e. state-trading enterprises, technical barriers to trade, sanitary and phytosanitary measures, and sectoral market access agreements).
Agricultural Trade
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter examines the Uruguay Round Agreement on Agriculture (AoA). It begins by considering the reasons for the de facto non-application of GATT to agricultural products and non-trade concerns in agricultural trade. It then provides an overview of the AoA, including its product coverage, substantive provisions, and relationship to other WTO agreements. This is followed by discussions of the AoA's provisions on market access, domestic support, and export competition; reviews and remedies; special treatment of developing countries; and changing interests in agriculture and the Doha-Round negotiations.
Subsidies and Countervailing Duties
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
The Agreement on Subsidies and Countervailing Measures (SCM) is an integral part of the World Trade Organization (WTO) Agreement. It provides for the first time a legal definition of what constitutes a subsidy for the purposes of the multilateral trading system. This chapter first deals with the definition and classification of subsidies. It then discusses the institutional mechanisms aimed at counteracting subsidies; preferential rules for developing and least developed countries; and the Committee on Subsidies and Countervailing Measures.
Safeguards
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
Safeguards refer to the right of a WTO Member to impose temporary tariffs, quotas, tariff-rate quotas, or other measures to ensure that its economy or domestic industries do not suffer serious harm from imports and trade concessions. Unlike rights to impose import restrictions to counteract dumping and subsidies, safeguard remedies are not based on any concept of unfair trade or remedy for distortions by exporters. Safeguard remedies allow fairly traded imports to be restricted. This chapter discusses the legal and policy framework for safeguards in the GATT/WTO regime; GATT Article XIX and the Agreement on Safeguards; safeguard measures for balance-of-payment reasons; safeguard measures in textile and clothing trade; and prohibition on voluntary export restraints.
Technical Regulations, Standards, and Health Measures
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter begins with a brief description of the role of the Agreement of the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT). Both agreements represent a compromise ‘between, on the one hand, the desire to avoid creating unnecessary obstacles to international trade and, on the other hand, the recognition of Members' right to regulate’. The discussions then turn to the legal relationship between GATT, TBT and SPS Agreement; and the coverage, scope, and substantive provisions of the TBT and SPS.
Preferential Trade Agreements
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter focuses on the role of preferential trade agreements (PTAs) in the GATT/WTO regime. WTO Members that have satisfied the requirements included in Article XXIV GATT can justifiably treat products originating in some WTO Members (those with which they have formed a PTA) better than like products originating in the remaining WTO Members. Art. XXIV GATT distinguishes between two forms of PTAs: free trade areas (FTA) and customs unions (CU). The negotiating history of Art. XXIV GATT; the explanations advanced by economists and political scientists for why one might opt to go preferential; the legal tests for approving a PTA; and PTAs in WTO dispute settlement are discussed.
Trade in Services
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter begins with an introduction to the General Agreement on Trade in Services (GATS). It then discusses the relationship between GATT and GATS; the scope of GATS; WTO Members' general obligations under GATS; specific commitments and general exceptions; and the special regimes for telecom and financial services.
Intellectual Property
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter begins with a discussion of the link between intellectual property and trade in the WTO. It then details the types of intellectual property addressed in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement); an overview of the TRIPS Agreement; institutional arrangements; provisions relating to developing countries; public policy criticisms of the TRIPS Agreement; general principles of the TRIPS Agreement; minimum substantive standards that must be observed by all WTO Members for each category of IP rights; enforcement of intellectual property rights under the TRIPS Agreement; exhaustion of intellectual property rights; and restrictive business practices.
Developing Countries
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter focuses on efforts to nuance the GATT framework to accommodate the needs of developing countries. It details the introduction of the Enabling Clause — the decision of the GATT Contracting Parties, which allowed (‘enabled’) deviations from the most favoured nation (MFN) rate in favour of goods originating from developing countries to become a permanent feature of the GATT, and now the WTO legal order. The key elements and beneficiaries of the Enabling Clause as well as other provisions on special and differential treatment are also discussed.
Environmental Protection and Trade
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter examines WTO rules on environmental protection, focusing on GATT Article XX. It first discusses the basis of the environmentalist objection to the rules of the multilateral trading system; the environmental impact of trade; the Tuna Dolphin I case; and how the WTO/GATT system will accommodate multilateral environmental agreements (MEAs) which employ trade restrictions; unilateral measures to protect the environment beyond national jurisdiction. It then details WTO rules on energy-related trade, the protection of natural resources, process and production methods, recycling and packaging, eco-labelling, the export of hazardous substances and wastes, environmental taxes, and border tax adjustment (BTA) in support of climate change legislation.
Trade and Investment
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter examines WTO rules on trade and investment. It begins with a discussion of trade and investment in the GATT, covering the Havana Charter of the International Trade Organization (ITO) of March 1948, the 1984 report Canada — Administration of the Foreign Investment Review Act (FIRA), and the failed efforts to negotiate a comprehensive treaty on investment, known as the Multilateral Agreement on Investment (MAI). It then details the scope and provisions of the Agreement on Trade-Related Investment Measures (TRIMs) and considers the investment-related provisions of the General Agreement on Trade in Services (GATS), Agreement on Subsidies and Countervailing Measures, Agreement on Trade-Related Aspects of Intellectual Property, and Plurilateral Agreement on Government Procurement (GPA).
Competition Policy and Trade
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter examines competition policy issues in the WTO regime. Topics discussed include anti-competitive conduct that adversely affects international trade; provisions on competition policy in WTO agreements; extraterritorial application of domestic competition law; trade policy/trade laws and competition policy; and competition policy and international cooperation in the WTO.
Context
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This first section starts by defining the international law of maritime boundary delimitation. It chronicles the history of boundary delimitation. It then provides an early history of maritime claims and maritime boundary delimitation. Prior to the First United Nations Conference on the Law of the Sea in 1958, it states, there was no international consensus on the rules applicable to maritime delimitation, and limited State practice of maritime boundary delimitation. Following the First World War, a number of attempts were made by non-governmental groups to codify the emerging rules of international law related to maritime jurisdiction and the delimitation of overlapping claims. The chapter then goes on to outline the relevant zones of maritime sovereignty and jurisdictions under the modern law.
Practical Considerations
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This chapter examines issues of negotiation vs litigation in the delimitation of maritime boundaries. Articles 15, 74, and 83 UNCLOS emphasize the fundamental importance of agreement in delimitation. Delimitation by agreement offers the parties maximum control over the process. States have discretion over the methodology chosen and outcome arrived at, so that equitable solution can be achieved. When States delimit maritime boundaries by agreement, they are free to arrive at any acceptable arrangement ‘on the basis of international law’. Delimitations by agreement may differ significantly from the outcome that an international court or tribunal might arrive at if asked to delimit the same boundary. Examples are given of novel negotiated outcomes. The chapter also examines third-party dispute resolution and practical considerations surrounding the choice of forum (ICJ, ITLOS, or arbitration). It also considers a typical delimitation case, the critical role of evidence in modern delimitation disputes, and the role of third States and third-State interests. Finally, it considers the preparation of a claim and the importance of an effective and well-managed delimitation team.
United Kingdom of Great Britain and Northern Ireland v. French Republic (Decision of the ad hoc ‘Court of Arbitration’, 30 June 1977)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
The chapter opens with an introduction to UK/France, which concerned the delimitation between France and the UK of the continental shelf boundary throughout the central and western portions of the English Channel and beyond. The chapter considers the two sides of this case in detail and provides a final analysis on the significance of the decision and its contribution to the field of international law. UK/France is a leading example of the use of ad hoc arbitration procedures to achieve a fast and effective result to a maritime delimitation dispute. UK/France is a classic example of a delimitation dispute where one State (the UK) argued for delimitation based on strict equidistance, while the other (France) argued that equidistance was not obligatory and should, in large part, be displaced by other methods in order to achieve a delimitation that was in accordance with ‘equitable principles’. While the outcome of the case represented a compromise between the two States’ various claims, the Decision represents a foundational example in modern jurisprudence of the use of equidistance as a starting point in maritime delimitation.
Tunisia v. Libya (Judgment of the International Court of Justice, 24 February 1982)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This chapter begins by setting the context of this case. Tunisia and Libya are situated on the northern coastline of the African continent fronting the Mediterranean Sea. The States’ most proximate coastlines are adjacent, with Tunisia lying to the west and Libya to its east and south-east. The delimitation of this case was concerned with the area of the continental shelf lying to the north of the coast on each side of Ras Ajdir. The chapter concludes by assessing the importance of this case. The judgment includes an interesting passage about the role of equity and equitable principles in continental shelf delimitation that still holds true today. The court’s approach of dividing the delimitation area into two sectors, each of which would be treated separately utilizing different delimitation methods, was sensible in the circumstances and has become relatively commonplace in subsequent jurisprudence.