bluuebunny/crossref_metadata_2025_split huggingface dataset:
Right to lodge a complaint with a supervisory authority
Authors: Kranenborg Herke 
Published: June 2024

Abstract
This chapter explains the right to lodge a complaint with a supervisory authority in accordance with Article 52 of the EU Law Enforcement Directive (LED). It explains how the right to lodge a complaint with the supervisory authority is a significant addition to legal remedies a person has available to find redress against the data protection rules infringements. In comparison to judicial remedies, lodging a complaint with a supervisory authority entails less administrative burden. However, the competencies of the supervisory authority are limited. The chapter then details the complaint procedure, which is, in principle, left to the procedural autonomy of Member States, before considering the territorial competence of supervisory authorities.
Brexit
Authors: Ni Loideain Nóra 
Published: June 2024

Abstract
This chapter examines the impact of Brexit on data protection law. The Withdrawal Agreement, concluded in October of 2019 on the legal basis of Article 50 TEU, established the terms of the UK’s exit from the EU, including loss of EU citizenship for UK citizens and any rights related to EU membership. It also envisaged the granting of adequacy decisions under the General Data Protection Regulation (GDPR) and the EU Law Enforcement Directive (LED) subject to the UK being found to provide a level of data protection ‘essentially equivalent’ to EU law. The chapter then looks at the EU—UK Trade and Cooperation Agreement (TCA) and the Security of Information Agreement. It also looks at the EU—UK Adequacy Decisions; the EU—UK LED Adequacy Decision; the UK Data Protection Act 2018 (DPA); the EU (Withdrawal) Act 2018; the EU (Withdrawal Agreement) Act 2020; and the EU (Future Relationship) Act 2020. Finally, the chapter considers the major divergences of the relationship of the UK legal order with the EU and European Convention on Human Rights (ECHR) legal systems, and the UK’s alignment with both concerning the protection of personal data.
National implementations
Authors: Sajfert Juraj 
Published: June 2024

Abstract
This chapter evaluates the impact of the EU Law Enforcement Directive (LED) on national legislation. The LED is not a complete harmonisation directive. Article 1(2) LED allows Member States to introduce higher data protection standards from the ones required by the Directive. This creates a bigger margin for manoeuvre of national legislators, compared to a complete harmonisation directive. Ultimately, the LED was addressed to all EU Member States, with Ireland and UK having a partial opt-out and Denmark an option to transpose. To the question of how to transpose the Directive, Member States found disparate answers. They were facing two basic dilemmas: firstly, whether to transpose the LED in a separate legislative act, or together with the national implementation of the General Data Protection Regulation (GDPR); and secondly, whether to transpose the LED in a ‘centralised’ data protection law only, or distribute the transposition provisions across sectoral laws. While the transposition of the LED in national laws of Member States and Schengen countries was completed in 2021, there are still many questions and concerns around the quality, conformity, and harmonisation of those laws.
The State
Authors: Wilmshurst* Elizabeth 
Published: June 2024

Abstract
This chapter explores the concept of the State as a legal person as per international law. Even though control of territory is essential to the concept of the State, respect for territorial sovereignty is an essential foundation of international relations. The chapter then explains recognition as the process by which an entity becomes or is accepted as a legal person in international law enjoying relations as a State with existing States. Moreover, one of the criteria for statehood is the existence and recognition of a government with effective control over most of the territory of the State. The chapter elaborates on the powers of the State as a legal person by considering the notions of internal sovereignty, external sovereignty, and the principle of equality.
Diplomatic Communication
Authors: Roberts Ivor 
Published: June 2024

Abstract
This chapter examines the importance of diplomatic communication. It starts with the history and modern practice of language before detailing the forms and means of official communication, such as notes verbales, collective notes, despatches, speaking notes, non-paper, démarche, and other more informal means of communication like fax and emails. Meanwhile, megaphone diplomacy is often the product of domestic political needs as diplomats attempt to repair the damage done. The rejection of diplomatic communications often involves objectionable language of the document or gross interference with internal affairs. The chapter also elaborates the format and purpose of correspondences between sovereigns and heads of state.
Human Rights and Diplomacy
Authors: Clooney Amal 
Published: June 2024

Abstract
This chapter covers the interrelation between human rights and diplomacy. Following the shifts of the Second World War's atrocities, diplomats are regularly involved in speaking out on behalf of their State about human rights abuses, regardless of whether the abuses were committed against the State’s own citizens. The chapter enumerates the role of a diplomat in upholding individual human rights. Moreover, States’ international human rights obligations are derived from both treaties and customary international law. The chapter then looks into the challenges to human rights protection, such as obligations and the lack of power to enforce decisions and monitor compliance.
Non-Governmental Organizations (NGOS) and Violent Non-State Actors (VNSAS)
Authors: Roberts Ivor 
Published: June 2024

Abstract
This chapter focuses on non-governmental organizations (NGOs) and violent non-state actors. One of the key manifestations of civil society is the flourishing of organizations outside the state sector, such as NGOs that come in many shapes and sizes. Moreover, NGOs monitor, scrutinize and criticize the performance of government and international or national organizations, which means they are active in the diplomatic field. The chapter mentions how communications brought humanitarian crises directly to the homes of the public, and mobilised rapid support for action by the government and by public subscription. It also highlights the notable work of the International Committee of the Red Cross.
‘Amp Up and Amplify: Defy!’
Authors: Methymaki Eleni , Tzanakopoulos Antonios 
Published: June 2024

Abstract
The chapter discusses the engagement of domestic courts with international sanctions. After clarifying the use of the term ‘international sanctions’, the chapter discusses the engagement of domestic courts with international sanctions in cases that show alignment with international law. Such alignment bears marks of both avoidance and contestation. The chapter then turns to cases where domestic courts have engaged in contestation of international legal norms while dealing with international sanctions. Here again, however, contestation can be presented also as (consubstantial) alignment, at least in part. The chapter highlights that the combative stance of domestic courts with regard to international sanctions has had at least some effect on the structure and operation of UN Security Council sanctions regimes. Even if that effect is modest, it underlines how a pattern of alignment-cum-contestation and of contestation-cum-alignment in domestic court practice can exert pressure to implement certain changes at the international level.
What the Treaty Means
Authors: Gardiner Richard 
Published: June 2024

Abstract
This chapter covers the application and interpretation of treaties. In giving effect to a treaty it is necessary first to ascertain when, where, and to what it applies. These factors, and substantive investigation of the terms of the treaty, will require that the treaty is interpreted. In other words, its terms must be given meaning. Most of this chapter is concerned with the principles for identifying what interpretation to place on a treaty. The codified rules for treaty interpretation in the 1969 Vienna Convention are extremely condensed. The chapter therefore amplifies them, giving examples from case law to show how the rules are applied in practice. Time factors and ‘evolutionary’ interpretation also come into play when considering older and long-standing treaties, approaches which require an appreciation of what is permissible in this regard.
The Anti-Personnel Mine Ban Convention
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This commentary interprets the Anti-Personnel Mine Ban Convention in accordance with the international law of treaties and describes State practice in its implementation. The Convention is an international disarmament treaty adopted in 1997 that binds 164 States. It obligates its States Parties to forgo all possession and use of anti-personnel mines, to destroy stockpiles, to clear mined areas, and to support assistance to mine victims. The commentary also identifies violations of the Convention by particular States. While relatively small in number, some, in relation to the prohibition on use and stockpiling, are extremely serious. The analysis of State practice since 1997 includes the war in Ukraine, which has seen use by Russia (which has not joined the Convention) and by Ukraine (which has). In 2023, the Convention’s formal compliance procedure was involved for the first time in the history of the Convention when a request was made to Eritrea by the United Nations Secretary-General to clarify its compliance with the obligation to destroy anti-personnel mines in mined areas.
Exceptions
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter discusses Article 3 of the Anti-Personnel Mine Ban Convention. Article 3 primarily indicated the two main exceptions to a number of the general obligations in Article 1 of the Anti-Personnel Mine Ban Convention, specifically the prohibitions on the retention and transfer of anti-personnel mines. Many States have taken advantage of the option to retain anti-personnel mines for training in mine clearance. The chapter also looks into the exception surrounding the transfer of anti-personnel mines. The Second Austrian Draft Treaty Text incorporated a duty on each State Party to report on any anti-personnel mines that it transfers for destruction.
Transparency Measures
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter notes how Article 7 addresses the transparency measures on the implementation of the obligations in the Anti-Personnel Mine Ban Convention. Every State Party must send the report as soon as practicable but not later than 180 days after becoming a party to the Anti-Personnel Mine Ban Convention. Each report contains information on national implementation measures, stockpiled anti-personnel mines, anti-personnel mines in mined areas, retained anti-personnel mines, decommissioning of landmine production facilities, the progress of destruction, characteristics of anti-personnel mines produced, and a warning to the population. Moreover, the reports are primarily significant to the credibility of the Convention as a disarmament treaty. The chapter mentions how the summary forms available to States Parties allow the process to be quick.
Costs
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter considers the costs of the Meetings of the States Parties while referencing Article 14 of the Anti-Personnel Mine Ban Convention. It explains that treaties often make specific provisions for the payment of costs for activities they require. Additionally, Article 14 used the United Nations scale of assessment adjusted according to the States Parties and States, not parties that participate in them. The chapter then clarifies that costs incurred by the UN Secretary-General for the receipt and communication of Article 7 transparency reports are the sole responsibility of the States Parties. It cites how Japan, Germany, France, and the United Kingdom bear a particularly heavy financial burden for the costs incurred by the UN Secretary-General.
Authentic Texts
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter considers the authentic texts of the Anti-Personnel Mine Ban Convention, which references Article 22. The six official United Nations languages (Arabic, Chinese, English, French, Russian, and Spanish) are all deemed equally authentic. The provision prescribing equal authenticity for the six UN languages was established without amendment in the three drafts of the Convention. Thus, the equal authenticity of the certified copies of the six official UN languages is commonly included in multilateral treaties. The chapter mentions how certified copies of the Convention in the six languages are available on the dedicated online page in the UN Treaty Series.
Global Health Landscape
Authors: Meier Benjamin Mason , Sirleaf Matiangai 
Published: June 2024

Abstract
This chapter, “Global Health Landscape,” delineates the actors involved in global health law and policy. International law traditionally pertains to states and international organizations. Yet, traditional international actors like the United Nations and World Health Organization are now being joined—and in many ways challenged—by a far larger set of state and non-state actors, coming together in new policy efforts to advance global health. This expanding global health governance landscape encompasses the proliferating initiatives of individual governments, international organizations, non-governmental organizations, foundations, and corporations, each seeking to address specific global health concerns. However, with so many actors joining the global health architecture, this proliferation of actors has given rise to concerns of duplicative initiatives, unsustainable programs, and inefficient efforts. These concerns have raised an imperative for partnerships to bring together actors—both public and private—under shared goals for health promotion. As more actors join in efforts to advance global health law and policy, coordination and cooperation in global health governance will be more important than ever—to realize sustainable development and “decolonize” colonial structures in global health governance.
Commercial Determinants of Health
Authors: Habibi Roojin , Campos-Rudinsky Thana C de 
Published: June 2024

Abstract
This chapter, “Commercial Determinants of Health,” examines the rising influence of transnational corporations (TNCs) in global health and the promises and pitfalls of corporate social responsibility (CSR) doctrines in promoting accountability for global health policy. While corporate activity has contributed to the development of many health-promoting goods—including vaccines, diagnostics, and therapeutics—corporations have also threatened health and social well-being, in both the goods they sell and the ways in which those goods are produced. These health harms from commercial determinants have fallen inequitably on the most marginalized and disadvantaged communities. As a means of ensuring ethical and lawful corporate behavior and disincentivizing motives that harm individuals and environments, corporations have sought to self-regulate their activities through CSR doctrines. However, given past and current limitations of CSR doctrines in global health, global health governance has increasingly looked beyond CSR to develop mechanisms of corporate regulation—to promote accountability for corporate wrongdoing and ensure justice in global health under international law. It will be crucial to look to the clarifying normative force of international law, as elucidated by rapidly evolving standards governing business actors under international human rights law, to ensure that new laws and regulations uphold the global common good.
Definition of Torture
Authors: Zach Gerrit 
Published: June 2024

Abstract
This chapter discusses Article 1 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 1 of the Convention against Torture is the first provision in an international treaty which defines torture. It served as a model for the definition contained in Article 2 of the Inter-American Convention to Prevent and Punish Torture adopted in 1985. Article 1 has to be read in conjunction with Article 16, which requires States parties to prevent ‘other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1’. The main elements of the definition of torture are the following: involvement of a public official, infliction of severe pain or suffering, intention, and specific purpose.
Types of Jurisdiction over the Offence of Torture
Authors: Schmidt Roland 
Published: June 2024

Abstract
This chapter discusses Article 5 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 5 stipulates an obligation for State parties to establish their jurisdiction over the crime of torture in a comprehensive manner in order to avoid safe havens for perpetrators of torture. In addition to the territoriality and flag principle, as well as the active and passive nationality principle laid down in Article 5(1), Article 5(2), for the first time in a human rights treaty, establishes the obligation of State parties to establish universal jurisdiction in all cases where an alleged torturer is present in any territory under their jurisdiction. The provisions of Articles 6 to 9 are closely related to Article 5 and further define the various steps which States need to take in order to bring suspected torturers to justice.
Aut Dedere aut Judicare
Authors: Schmidt Roland 
Published: June 2024

Abstract
This chapter discusses Article 7 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Articles 6 and 7 establish increased obligations for State parties in whose territory a suspected torturer is present (the so-called forum States). They shall ensure the presence of such persons by effective custodial or non-custodial measures in accordance with Article 6, carry out preliminary inquiries into the facts, and notify other State parties of the custody and the findings of their investigations in order to facilitate possible extradition requests. After conducting these preliminary steps, the forum State has an obligation under Article 7(1) to submit the case to its competent authorities for the purpose of prosecution. In other words, the strongest obligation to avoid a safe haven for perpetrators of torture by bringing them to justice before their domestic courts applies to the forum State.
Notification by the Secretary-General
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 32 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 32 is based on similar provisions in UN treaties, such as Article 24 of the Committee on the Elimination of Racial Discrimination and Article 52 of the International Covenant on Civil and Political Rights. It states that the Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following: (a) signatures, ratifications, and accessions under Articles 25 and 26; (b) the date of entry into force of this Convention under Article 27 and the date of the entry into force of any amendments under Article 29; and (c) denunciations under Article 31.
Preamble
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter presents the preamble of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. According to Article 31(1) of the Vienna Convention on the Law of Treaties, an international treaty is not to be interpreted in isolation but rather in its context. A treaty's context comprises, in addition to the text and annexes, its preamble. This legal significance attributed to the preamble has been generally recognized under international law. The preamble to the Optional Protocol is more comprehensive than the preamble to the Convention against Torture and its drafting gave rise to lengthy discussions about controversial issues. The chronology of draft texts, analysis of Working Group discussions, and issues of interpretation are discussed.
Obligation to Allow Preventive Visits to All Places of Detention
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 4 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 4 establishes an unequivocal obligation of States parties to allow visits by both the Subcommittee on Prevention and the national preventive mechanisms ‘to any place under its jurisdiction and control where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence’. Second, it defines deprivation of liberty and places of detention.
Obligations of States Parties to Facilitate Visits by the National Preventive Mechanisms
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 20 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 20 mirrors Article 14 of the Optional Protocol, which foresees almost identical obligations for States parties regarding the Subcommittee (SPT). This reflects the desire of most States parties/delegations to grant the national preventive mechanisms a mandate as broad as the SPT's as compromise. However, the EU Draft, maintained the SPT as the body primarily responsible for conducting regular missions and visits to places of detention, whereas national preventive mechanisms were only foreseen if States parties wished to establish them.
Financing of the Subcommittee
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 25 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The system of financing of treaty-monitoring bodies by contributions of States parties, as provided for in Articles 17(7) and 18(5) of the Convention against Torture, has led to serious obstacles for the treaty bodies in performing their functions. This is the reason why Australia in 1991 submitted a proposal for amending these provisions, together with the respective provisions of the International Convention on the Elimination of all forms of Racial Discrimination (CERD). Both provisions were amended in accordance with the procedure envisaged in Article 29 of the Convention against Torture. However, these amendments never entered into force as the required ratification by two-thirds of the States parties was never achieved. Nevertheless, the General Assembly, as a provisional measure, agreed to cover out of the general UN budget, the expenses of the Convention against Torture — and CERD.