bluuebunny/crossref_metadata_2025_split huggingface dataset:
Transnational Organized Crime
Authors: Boister Neil 
Published: August 2024

Abstract
The legal response at an international level to the threat of transnational organized crime has been plagued by difficulty in deciding on an appropriate target: the ‘king pins’ involved in diverse forms of transnational crime, the suppression of criminal activities that criminal organizations become involved in, or pursuit of the organizations themselves. This chapter explores the nature of transnational organized crime and the failure of efforts to settle on a definition. It then turns to the substitute adopted at an international level—the notion of an ‘organized criminal group’, and examines how it serves as the lynchpin of a set of offences developed to try to counter transnational organized crime.
Money Laundering
Authors: Boister Neil 
Published: August 2024

Abstract
The crime of money laundering is a recent innovation of an unusual kind, in that it involves conduct that occurs after the commission of another, ‘predicate’, offence, and is both dependent upon and independent of that offence. The crime has become increasingly important as a method for suppressing the practice of both money laundering and the predicate offence, and also because it anchors the Anti-Money Laundering (AML) regime that imposes a web of onerous regulatory obligations on financial institutions and provides a substantive basis for asset recovery (discussed in Chapter Nineteen). This chapter discusses the nature of the conduct involved and the reasons for criminalization, as well as the forerunner offences in national law, before analyzing the substantive offence itself from its initial limitation to drug money laundering to ‘all crimes’ laundering. It then briefly examines the importance of the liability of legal persons and comments on the punishment applied to money laundering, before finally turning to the main institution for coordination of the global anti-money laundering regime, the Financial Action Task Force, as a prelude to commenting upon the effectiveness of the criminalization of money laundering.
Defining Intangible Cultural Heritage
Authors: Francioni Francesco 
Published: August 2024

Abstract
This chapter examines the definitions of the purpose laid out in Article 1 — the ‘intangible cultural heritage’ (ICH). It considers the challenges of defining ICH. Historically, in the case of cultural heritage, the complexity and dangers of defining it increase in proportion to the variety of methods used in the different legal instruments adopted at the international level for its protection. However, when it comes to ICH, it is clear that the definitional criteria of earlier legal instruments could work for an international instrument aimed at its safeguarding. Thus, this chapter shows why the question of definition of ICH came up at a very early stage of UNESCO’s preparatory work on the subject, and even before a decision was reached that the appropriate regulatory instrument to address ICH should be a new Convention.
Accreditation of Advisory Organizations
Authors: Bortolotto Chiara , Neyrinck Jorijn 
Published: August 2024

Abstract
This chapter concerns Article 9 of the 2003 ICHC, which addresses the topic of accreditation of non-governmental organizations (NGOs) to provide advisory services to the Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage (IGC). It focuses on the NGOs’ role in the international arena. The history of the ICHC is first considered and the main steps towards the involvement of NGOs as recognized actors of this treaty are summarised. The chapter then provides an overview of the diversity of accredited NGOs, and then describes the establishment and functioning of the ICH NGO Forum. Following this, the chapter highlights how the Forum has contributed to changing the way the accredited NGOs structure their engagement with the ICHC. Finally, this chapter addresses the process of domestication to UNESCO rules, language, and procedures.
The Role of the Secretariat in the Implementation of the Convention
Authors: Duvelle Cécile 
Published: August 2024

Abstract
This chapter examines the role of the Secretariat of the 2003 Convention through Article 10. It considers how vaguely described this role is in the Convention and reflects on the concrete work of the Secretariat. The chapter shows that the Secretariat is being required to perform a number of functions, some of which are of a very substantive nature and guide the interpretation and implementation of the Convention worldwide, with the notable exception of the nomination process, where the Secretariat is asked to fulfil a strict technical role. The Secretariat is also facing a clear mismatch between the numerous expectations of Member States and its human and financial resources. These two aspects of the work of the Secretariat are in constant tension, as the means devoted to the Secretariat are not adequate to cover both. Thus, there is a crucial need for the governing bodies to prioritise, and to assume all the related consequences.
Ethical and Legal Considerations in Researching, Documenting, and Ensuring Access to Intangible Cultural Heritage
Authors: Stefano Michelle L , Wendland Wend 
Published: August 2024

Abstract
This chapter focuses on ethical and legal issues that arise with respect to the actions outlined in Article 13, ‘Other measures for safeguarding’, that States Parties are recommended to take as part of wider efforts to safeguard and promote ICH in their territories. The phrase ‘other measures’ references the preceding article, which is dedicated to the one and only ‘measure’ that States Parties are required to follow after ratifying the convention: the creation of an ‘inventory’, or inventories, of ICH that is ‘present in their respective territories’. As such, Article 13 shines a light on other, non-inventorying activities that can be undertaken by States Parties to ‘ensure the safeguarding, development and promotion’ of ICH. It suggests activities that are certainly wide in scope. It can be argued that at their core, the key steps of researching, documenting, and ensuring access to ICH are what tie them together.
Participation of Communities, Groups, and IndividualsParticipation and Democracy
Authors: Soggetti Gabriele D’amico 
Published: August 2024

Abstract
This chapter provides further commentary on Article 15. It first focuses on the essentials of the ICH with an outline of the drafting history of Article, its Operational Directives. as well as its periodic reports. The chapter next argues that there is an essential tension between the (universalist, inclusive, and human rights-based) spirit of Article 15 and the modern notion of State sovereignty and administrative discretion. Managing cultural heritage always involves selecting certain narratives, favouring specific values or meanings among the many embedded in a single heritage. For this reason, participation is always a challenge to political (and therefore State) powers. The chapter proposes that this tension may find a resolution within the understanding of the human rights/sustainable development framework in which such conflicts are supposed to find a form of theoretical management. Afterward, the focus turns to concrete mechanisms through which participation can actually work and suggests a working distinction between groups and communities. To conclude, this chapter offers some general remarks in support of the spirit of Article 15 and of its concrete realization in the current worldwide realities which heritages are presently facing.
Reports by the States Parties and the Committee
Authors: Blake Janet , Nafziger James A R 
Published: August 2024

Abstract
This chapter concerns reports by the States Parties and by the Committee, which is a common requirement for many multinational treaties. It shows that a number of challenges have been identified in relation to the periodic reporting mechanism, of which the chief one is the failure of many States Parties to fulfil this obligation either on time or at all. Even when Parties do submit their reports in a timely manner, there is a great variety in the quality of the reporting and the information set provided. Among the weaknesses identified in periodic reporting has been a tendency to focus too heavily on activities alone, without sufficient attention paid to the results of these. The chapter argues that in order to establish a reporting mechanism that allows identification of the impact of safeguarding measures and resulting tends, it is necessary to focus more on a results-based approach in periodic reporting.
Final Clauses
Authors: Shyllon Folarin 
Published: August 2024

Abstract
This chapter looks at Articles 36 to 40 of the 2003 Convention. First, it considers Article 36, which is on denunciation. Denunciation is a procedure initiated unilaterally by a State to terminate its legal commitments under a treaty. Next, this chapter studies Article 37, which adopts the formula common with UNESCO cultural conventions by merely highlighting two important functions of a depository, namely informing members of UNESCO and the United Nations of the deposit of instruments expressing consent to be bound, and of denunciations. Afterward, Article 38’s detailed provisions on amendments is observed. Article 39, on authoritative texts, is given due attention, as the 2003 ICHC adheres to a number of official languages. Finally, Article 40 discusses the registration of the 2003 Convention with the United Nations.
Origins and Universality
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter describes the conceptual foundations of international human rights protection. It begins by discussing the national origins of human rights. It then turns to the precursors of international human rights protection, covering international minimum standard of treatment of aliens; protection of minorities and prohibition of slave trade; the emergence of international humanitarian law; and the protection of the working population. Next, it describes the UN Charter and the Universal Declaration of Human Rights. This is followed by a discussion of the consequences of internationalizing human rights, covering the recognition of the individual as a subject of international law; impact on the concept of state sovereignty; human rights as a factor shaping international relations; and recognition of the role of non-governmental organisations. The final section addresses the question of whether human rights is a universal concept.
Protection of Human Existence: Right to Life and Subsistence Rights
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter focuses on the right to life and subsistence rights. The right to life is generally characterized as one of the most fundamental human rights. Despite its name (right to life) it does not guarantee human existence as such. Rather, it protects against deprivation of life by state action or as a consequence of its omissions. Although the right is non-derogable in times of a public emergency, the right to life is not absolute. Access to the basic necessities of life, such as food, shelter, and minimum medical treatment is equally relevant if not even more important for survival in situations where such access is being blocked or where basic goods are simply not available. It follows that the right to life not only as a civil and political right but also as part of economic, social, and cultural rights plays a major role in safeguarding human existence.
Protection During Migration, Forced Displacement, and Flight
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter discusses the law on liberty of movement in one's own country, migrants, internally displaced persons, and refugees. Migration, forced displacement, and flight have been part of the human experience from the earliest times. From a human rights perspective, people displaced within their own country (called internally displaced persons) and refugees require special protection because they have been deprived of the protection and security normally enjoyed by people who can remain in their homes. Thus, they have specific needs that non-displaced persons do not possess. Even if people move for predominantly voluntary reasons, they might become particularly vulnerable as migrants.
ICC Mediation
Authors: Leoveanu Alina , Erac Andrija 
Published: August 2024

Abstract
Mediation, from the International Court of Arbitration (ICC) perspective, has very much been a matter of evolution, as amicable resolution of disputes has been practiced within the organization for nearly one hundred years. The evolution has been reflected in the nature of disputes that were referred to the ICC, in the rules under which the disputes were administered as well as in the number of cases administered every year. Current ICC Mediation Rules and the practice of the ICC International Centre for ADR give much reason to believe that the future of cross-border mediation is bright. Their soupleness has allowed a growing number of companies from all regions of the world to mediate billions of dollars’ worth of disputes. The complexity of the controversies referred to the ICC has been putting to test the ICC Rules, the parties’ agreements as well as the mediators’ skillfulness. With the new generations of dispute resolution professionals becoming accustomed to mediation thanks to initiatives such as the annual ICC International Commercial Mediation Competition, friendly settlement of disputes, as it was once called, will undoubtedly go farther.
The International Centre for Dispute Resolution’s Mediation Practice and Experience
Authors: Tuchmann Eric P , Frisch Tracey B , Micheli Giovanna , Quiroz Yanett 
Published: August 2024

Abstract
The International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA), continues to focus on the increased utilization of mediation in the international dispute resolution context. The ICDR has placed a greater emphasis on mediation by including language in its Rules promoting the use of mediation and through educating the parties directly about the benefits of mediation. It is the ICDR’s hope that the international community will embrace mediation as a valuable dispute resolution process and that parties will include mediation in their contract clauses and seek out mediation to address disputes. The ICDR is well situated to assist parties in the mediation process, and the ICDR’s International Mediation Procedures, experienced staff and robust panel of international mediators provides support to parties and other participants in ICDR administered mediations. This chapter focuses on the ICDR’s mediation experience and expertise as well as administered mediation generally.
The Growing Importance of Regional Mediation Centres in Asia
Authors: McFadden Danny 
Published: August 2024

Abstract
During the last twenty years modern commercial mediation practice has had an immense impact on the way disputes are resolved in Western countries. Asian jurisdictions such as Hong Kong and Singapore have also introduced this model into their civil justice systems adapting it where necessary to suit local conditions. Many other jurisdictions in the Asia Pacific region are now in the process of creating infrastructure, introducing training and establishing mediation centres to provide commercial entities with the option of mediation to resolve their business disputes. This chapter looks at the background within which these developments are taking place and focuses in particular on China, Hong Kong and Singapore. Exciting new mediation developments in Japan, Korea, Thailand and Indonesia are also discussed including the establishment of new commercial mediation centres in their respective major cities. Furthermore, this chapter will explore the Belt and Road initiative which is already having a significant impact on interstate projects and which will require cross border dispute resolution services. Both new and established mediation centres in Asia are working hard to promote themselves as providers of both commercial and interstate mediation services to Belt and Road countries.
WIPO Mediation
Authors: Wollgast Heike , de Castro Ignacio 
Published: August 2024

Abstract
With offices in Geneva, Switzerland and in Singapore, the WIPO Arbitration and Mediation Center (WIPO Center), established in 1994, is a neutral, international and non-profit dispute resolution provider specialized in intellectual property and related commercial disputes. Developed by leading experts in cross-border dispute settlement, the arbitration, mediation and expert determination procedures offered by the WIPO Center are recognized as particularly appropriate for technology and other disputes involving intellectual property (IP). The WIPO Center maintains a database of over 1500 neutral, independent WIPO mediators, arbitrators and experts globally, skilled in IP and alternative dispute resolution (ADR). In light of the increasing internationalization and complexity of IP transactions, the WIPO Center has experienced a considerable increase in cases submitted to WIPO Mediation in recent years, including court referrals. The subject matter of WIPO cases includes a wide range of IP and related matters. Over 70 per cent of WIPO cases (and over 90 per cent of patent-related WIPO cases) have been international in scope, involving for example technology protected by patents in several jurisdictions in Asia, Europe, and the United States. The WIPO Center pays particular attention to helping parties contain time and cost of mediations conducted under WIPO Rules. This includes the WIPO Center’s assistance to parties in selecting and appointing the mediator, and active case management. WIPO ADR procedures are organized to stimulate positive opportunities for party settlement. To date, 70 per cent of the mediation procedures administered by the WIPO Center have been settled.
Selection of Mediators
Authors: Brower Charles H 
Published: August 2024

Abstract
Selection of mediators represents one of the most important questions for parties involved in international commercial mediation. Although recourse to international commercial mediation has increased in recent years, the number of controversies submitted to international commercial mediation remains fairly low. Observers continue to refer to the incipient nature of the discipline, the absence of an extensive body of practice, and continuing resistance to mediation in geographically important regions, including Europe. It should come as no surprise that users of international commercial mediation will find only a small body of literature addressing selection of mediators, with writers often expressing conflicting or at least different perspectives on important topics. This chapter seeks to distil and to enhance the understanding of mediator-selection practice by examining the qualities that users should consider when choosing international commercial mediators, the processes for gathering information about potential candidates, the processes for vetting shortlisted candidates, and special problems associated with the selection of mediators for international commercial disputes.
The Subsidiary Sources
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter considers subsidiary sources of international law, i.e. judicial decisions and ‘the teachings of the most highly qualified publicists of the various nations’. A judicial decision, in almost all cases, by definition adds something to the corpus of law on the subject of the dispute: if the law had been crystal clear before the decision, it is reasonable to suppose that the case would never have been fought. On the other hand, it has been suggested that ‘the teachings of the most highly qualified publicists of the various nations’ would only carry weight in so far as they referred back to one of the three principal sources. However, there is now resistance to this view in some scholarly quarters. The suggestion being made is that doctrine may be constitutive of international law.
Interaction or Hierarchy between Sources
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter considers the hierarchy between sources of international law. When two sets of norms are not in agreement, a problem may arise, referred to as the hierarchy of sources. Primarily, this refers to the question whether a norm deriving from one of the recognized sources prevails over a norm from a different source solely for that reason, that is that norms from source A always outrank norms from source B. There is also the possibility that a particular norm, because of its content or nature, has an overriding quality in relation to all other norms. The remainder of the chapter discusses the simultaneous and identical obligations under treaty and under customary law.
The Framework Convention for the Protection of National Minorities: An Introduction
Authors: Hofmann Rainer 
Published: August 2024

Abstract
This introductory chapter provides an overview of the major procedural and some of the general substantive issues raised by, and connected with, the Framework Convention for the Protection of National Minorities (FCNM) at the advent of its second monitoring cycle. Prior to engaging in this analysis, however, it briefly presents the drafting history of the FCNM and its main features. It then discusses the specific character of the FCNM as a ‘Framework’ convention and its consequences, followed by an overview of the monitoring system established during the first cycle of monitoring. It next addresses some general issues relevant during the first cycle of monitoring and that will continue to be of relevance during the second cycle of monitoring. These subjects include: questions relating to the personal and territorial scope of application of the FCNM; the excessive confidentiality of the monitoring process, which results in a lack of transparency; and other thematic issues such as the situation of Roma.
The Framework Convention in Historical and Global Perspective
Authors: Eide Asbjørn 
Published: August 2024

Abstract
This chapter explores some of the issues involved in placing the Framework Convention for the Protection of National Minorities (FCNM) in its historical and its wider international contexts. Topics discussed include the emergence in Europe of an international system of states; the protection to religious minorities in the seventeenth and eighteenth centuries; international co-operation from 1815 to the First World War; the relation of sovereignty and positivism to nationalism and minority issues; establishment of the League of Nations; minority protection in the age of the United Nations; indigenous peoples as a category in need of particular protection; and international and regional co-operation in the area of minority protection.
Article 17
Authors: Jackson-Preece Jennifer 
Published: August 2024

Abstract
This chapter comments on Article 17 of the Framework Convention for the Protection of National Minorities (FCNM). Article 17 consists of two sections. Article 17(1) addresses the circumstances of those ethnic, cultural, religious, or linguistic groups who exist in the territory of more than one state. In so doing, it builds upon prior efforts within the Organization for Security and Co-operation in Europe (OSCE) and the United Nations to protect dispersed and kin minorities. The ability to maintain regular contact with their co-ethnics across state jurisdictions is an essential element of efforts designed to preserve and promote the distinct identity of such transfrontier minorities and the persons belonging to them. Article 17(2) aims to protect the communal life of persons belonging to national minorities by guaranteeing their right to participate in the activities of non-governmental organizations (NGOs). These organizations are vital both for the preservation and promotion of minority identities, and the general development of civil society and democratic values within states.