bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Diplomatic Mission, the Corps, Breach of Relations, and Protection of Interests
Authors: Denza Eileen 
Published: June 2024

Abstract
This chapter covers the key concepts concerning diplomatic mission, the corps, breach of relations, and protection of interests. Diplomatic body comprises the heads and the diplomatic staff of all the missions accredited to a particular receiving State. The chapter looks into communication in the absence of diplomatic relations. It then explains that the mission of a diplomatic agent may come to an end on a break in diplomatic relations between the sending and receiving States. Under the situation of recalling or withdrawing from the mission indefinitely, the Vienna Convention on Diplomatic Relations provides a basic framework concerning the protection of interests.
Privileges and Immunities of Diplomatic Agents
Authors: Denza Eileen 
Published: June 2024

Abstract
This chapter elaborates on the privileges and immunities of diplomatic agents. It explains the distinction between privileges and immunities. Although a diplomat’s immunity from jurisdiction does not imply any exemption from liability, special provision is sometimes made in local law to provide that diplomats shall be exempt from certain obligations. Meanwhile, the privileges of diplomatic agents include nationality and several exemptions from several factors like taxation and customs duties. The chapter then considers Article 40 of the Vienna Convention on Diplomatic Relations (VCDR) providing an approach concerning a diplomatic agent passing through a third State to or from his post.
Consuls: Appointment, Functions, and Status
Authors: Denza Eileen , Wickremasinghe Chanaka 
Published: June 2024

Abstract
This chapter discusses the appointment, functions, and status of consuls. Over the recent decades, consuls have become closely assimilated to diplomats in the manner of their appointment and in many of the functions they perform. In modern practice, consuls are appointed by the government of a State to protect the practical, legal, and commercial interests of its own nationals in another State. The chapter also considers the privileges and immunities of consuls while also looking into the provisions of the Vienna Convention on Consular Relations. It then elaborates on the notion of consular protection and the end and nature of consular functions.
The European Union I—Development, Structure, and Decision-Making
Authors: Berman Paul 
Published: June 2024

Abstract
This chapter discusses the origins, development, structure, and decision-making of the European Union. While the European Union may be classified as an international organization, the nature of its powers and procedures mean that it is usually regarded as a sui generis entity. The Treaty on the European Union and the Treaty on the Functioning of the European Union provide the Union powers to adopt legislation and other legal instruments across a wide range of policy areas. The chapter also considers the Parliament's powers and influence as a legislator, budgetary authority, overseer of the Commission, and the adoption of resolutions. It mentions the Court of Justice has played a significant role in shaping the character and development of the Communities and institutional framework.
Other International and Regional Organizations
Authors: Roberts Ivor 
Published: June 2024

Abstract
This chapter looks into the work and significance of international and regional organizations. It starts with the concept of the Commonwealth, which features freedom of decision, Commonwealth Heads of Government Meetings, privileges, immunities, and consular functions. Nowadays, the Commonwealth is regarded as one of the largest intergovernmental organizations in the world. The chapter mentions how the Queen remains the symbolic head of the Common despite varying constitutional divergences. It then looks into several organizations, such as the North Atlantic Treaty Organization, Council of Europe, Organization of American States, African Union, and Association of South-East Asian Nations.
International Conferences
Authors: Berman Frank , Bjorge Eirik 
Published: June 2024

Abstract
This chapter highlights the importance of international conferences in international life regardless of formats and levels. Nowadays, many of the functions served by international conferences are equally capable of being performed either by a separate conference or plenary convened for a specific purpose. Many international conferences are convened to negotiate and conclude treaties. The chapter then looks into the substantial changes concerning languages used at international conferences. It notes the participation in international conferences and the failed attempts of the League of Nations and the United Nations to codify in standard form the procedures to be followed at international conferences.
Treaties and Other International Instruments I—General Definition, Treaty Formalities
Authors: Berman Frank , Bjorge Eirik 
Published: June 2024

Abstract
This chapter looks into treaties and other international instruments. It starts with the modern definition of treaties, which references how the Vienna Convention on the Law of Treaties did not provide one. The formalities in the drawing up of treaties involve initialling and signature, preparation of signature texts, languages, registration, and publication. The chapter notes that the International Law Commission is designed to regulate the treaties of international organizations. It mentions the requirement that the agreement of treaties must be governed by international law, which then serves as a distinction from a treaty to other agreements regulated by some national legal system.
Prosecutions
Authors: Wilmshurst Elizabeth 
Published: June 2024

Abstract
This chapter looks into the prosecutions of the International Criminal Court (ICC) and other tribunals. It explains the residual mechanism set up to deal with the remaining work of the two ad hoc Tribunals and other courts with international elements. The creation of the ICC emphasizes the importance of complying with international law on matters, such as the conduct of hostilities and the treatment of civilians. The chapter discusses the establishment of the International Residual Mechanism for Criminal Tribunals. It also elaborates on the international elements of courts by referencing the Special Court of Sierra Leone, Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon.
Engagement of United States Courts with International Law
Authors: Sloss David 
Published: June 2024

Abstract
The chapter addresses the engagement of United States courts with international law. It applies the analytical framework developed by the International Law Association Study Group and examines cases in which courts have engaged in various forms of avoidance, alignment, and contestation. United States courts routinely engage in evasive avoidance by deciding cases without reference to international law, even though it could potentially apply. They also sometimes invoke the non-self-execution doctrine to justify a posture of affirmative avoidance. On the other hand, United States courts routinely practice both fair weather alignment and consubstantial alignment to harmonize domestic law with international law. In contrast, cases involving overriding alignment or hyper-alignment are quite rare. In the early twenty-first century, courts decided numerous cases involving the Vienna Convention on Consular Relations (VCCR) that entailed either affirmative or negatory contestation of international law. Aside from VCCR cases, though, judicial decisions involving affirmative or negatory contestation are relatively rare.
Engagement of English Courts with International Law
Authors: Fatima Shaheed 
Published: June 2024

Abstract
Against the backdrop of the increasing use and application of international law in English courts, the chapter summarizes the principal ways in which English courts have engaged with the primary sources of international law. It shows that it is constitutional theory and practice and, less overtly, political reality that guide and shape English courts’ engagement with international law, rather than a consistent response to either specific norms of, or the general idea of, international law. Overall, the underlying constitutional principles that explain the engagement of English courts with international law are settled and uncontroversial. However, the proper limits and application of those principles continue to be challenged and developed through caselaw, as this chapter shows by reference to the status and use of incorporated treaties, unincorporated treaties, and customary international law in English courts. It also touches on how English courts have approached issues concerning foreign relations.
Treaties in Development of International Law
Authors: Gardiner Richard 
Published: June 2024

Abstract
This chapter explains how treaties can come to state rules of customary international law through codification, crystallization, and by setting the basis for subsequent practice which coalesces into such rules. It provides examples of codification and progressive development of international law using the history of the development of the 1969 Vienna Convention on the Law of Treaties as a prime example, as well as providing essential material for understanding the role and content of the law of treaties. The 1969 Convention provides an illustration of how a major treaty is developed under the aegis of an international organization, in this case through the work of the United Nations’ International Law Commission and the 1968–1969 Vienna Conference on the Law of Treaties. Outlined are major issues addressed at the conference, which included reservations to treaties, treaty interpretation, and ‘peremptory norms’ of international law.
Commentary
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter focuses on the Title and the Preamble of the Anti-Personnel Mine Ban Convention. It then notes the Convention as the first comprehensive disarmament treaty outlawing a conventional weapon. Meanwhile, the Preamble to the Anti-Personnel Mine Ban Convention is part of the ‘context’ for the purpose of interpreting its substantive provisions as per the Vienna Convention on the Law of Treaties and general international law. The chapter elaborates on the terminologies within the Title and the Preamble, referencing various concepts such as States Parties. It also highlights the specificity of mine clearance, the principle of humanity, and international humanitarian law.
Definitions
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter tackles the definition of key terms featured in Article 2 of the Anti-Personnel Mine Ban Convention. It highlights the importance of defining anti-personnel mines and the notion of transfer. In practice, distinguishing improvised explosive devices (IEDs) used by non-State armed groups that are de jure anti-personnel mines falling within the scope of the Convention from those that do not meet the definition in Article 2(1) has been problematic in several States Parties. On the other hand, the ambiguity in the definition of ‘transfer’ has not hindered compliance with the prohibition on transfer in Article 1(1)(b) of the Convention. The chapter also covers the definition of ‘mine’, ‘anti-handling devices’, and ‘mined areas’.
Destruction of Anti-Personnel Mines in Mined Areas
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter explores the provision within Article 5 of the Anti-Personnel Mine Ban Convention. It primarily discusses the duty to find, clear, and destroy all emplaced anti-personnel mines that are located in mined areas on territory under the jurisdiction or control of a State Party. Each affected State Party faces a deadline of ten years for the completion of clearance and destruction. The chapter acknowledges the slow work in progress of States Parties to implement the primary obligations of destruction and clearance. It then expounds on the several clearance methods and the State Parties that have ostensibly fulfilled their Article 5 survey, clearance, and destruction obligations.
Facilitation and Clarification of Compliance
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter details Article 8 of the Anti-Personnel Mine Ban Convention. It cites that Article 8 was the most contested set of provisions in the negotiation process as it features the measures to facilitate and clarify compliance with the Convention’s obligations. Cooperative compliance generally served the Convention well, though only up to a point since Greece and Ukraine remain in serious violation of Article 4. The chapter considers the provision to authorize, conduct, and review a compulsory fact-finding mission. It details the formal process States Parties can use to clarify their respective cooperative compliance with the appropriate information that provides evidence to support the concern motivating the request.
Meetings of the States Parties
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter looks into the annual Meetings of States Parties required under Article 11 of the Anti-Personnel Mine Ban Convention. During the annual meetings, the States Parties are empowered collectively to decide whether or not to grant an extension to the deadline under Article 5 under a request by an affected State Party. Moreover, States Parties must make important decisions at the annual meetings, such as by establishing an intersessional programme of work and creating standing committees of States Parties to address implementation issues. The chapter highlights the duty of States Parties to meet regularly indicated under Article 11. It considers the operation and status of the Convention that concerns its implementation in accordance with the States’ level of adherence.
Amendments
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter explains the negotiation and application of amendment as per Article 13 of the Anti-Personnel Mine Ban Convention. It notes that treaties often make specific provisions for their amendment and lay down the process to be followed to amend the Convention. According to Article 13, an amendment to the Anti-Personnel Mine Ban Convention may only be agreed upon at a dedicated conference of the States Parties. The chapter mentions how no amendment has been made to the Convention’s provisions to date. It explains issues of the direct application of the Convention to non-State armed groups and the use of anti-personnel mines as a war crime that could merit an amendment to the provisions.
Reservations
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter elaborates on the prohibition of reservations under the Anti-Personnel Mine Ban Convention’s Article 19. The Convention prohibits reservations to any of its twenty-two articles, which correlates to the Chemical Weapons Convention and Convention on Cluster Munitions. No State Party has ever claimed that it has a right to make a reservation to the Anti-Personnel Mine Ban Convention. However, several States have made interpretative declarations to clarify their understanding of a particular term or provision. The chapter references the attempts of Australia, Canada, Czechia, Montenegro, Poland, Serbia, and the United Kingdom, considering their declaration on the mere participation of their armed forces.
Duration and Withdrawal
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter focuses on Article 20 of the Anti-Personnel Mine Ban Convention. It explains how the Convention is a treaty of unlimited duration, but each State Party has the right to withdraw from the Convention following the deposit of an instrument of withdrawal. The withdrawal, then, will only take effect six months after or once the armed conflict ends. The chapter cites how no State Party has withdrawn from the Convention to date. It clarifies that a withdrawing State Party is required to continue fulfilling the obligations assumed under any relevant rules of international law, such as customary rules and general principles of law.
Introduction
Authors: Gostin Lawrence O , Meier Benjamin Mason 
Published: June 2024

Abstract
This introduction, “Foundations of Global Health Law & Policy,” provides an overview of the field of global health law, exploring its major doctrinal boundaries and its enduring controversies. Law and policy are complementary approaches to global health governance, with the aim of promoting a healthier, more equitable world. Global health law has come to encompass both “hard” law treaties that bind states and “soft” law instruments that shape norms, processes, and institutions to realize the highest attainable standard of physical and mental health throughout the world. With the practice of global health law proving highly influential in international law and public health contexts, global health law has become an independent academic field. The academic discipline of global health law has thus become a basis to describe new legal and policy frameworks that apply to the new set of public health threats, non-state actors, and regulatory instruments that structure global health. Global health law and policy now reflect the changing global landscape, architecture, and governance necessary to respond to the health threats of the 21st century.
Global Health
Authors: Gostin Lawrence O , Finch Alexandra 
Published: June 2024

Abstract
This chapter, “Global Health,” examines the contested meaning of global health, the health implications of a globalizing world, and the importance of global health law and policy. Looking to public health principles as the foundation of health governance, efforts to advance health have shifted from a focus on individual medical care to approaches that address broad underlying determinants of population health. Where these determinants of health are increasingly structured by global forces, national responses are no longer sufficient to address determinants of health in a globalizing world, requiring global governance. Global governance for health seeks to address global health threats through global health law. Drawing from a long history of international cooperation to address infectious disease, the United Nations (UN) sought after World War II to develop international health law under the World Health Organization (WHO). Yet the early promise of international health law has been challenged by the limitations of national governments and international organizations in a globalizing world, giving rise to the global health law to advance public health standards; protect against health hazards; and promote physical, mental, and social well-being for all.
Mental Health
Authors: Rodríguez Priscila , Rosenthal Eric 
Published: June 2024

Abstract
This chapter, “Mental Health,” analyzes the evolution of global health law in shifting mental health policy from institutionalization to community inclusion. Recognizing the historical segregation, institutionalization, and abuse of people with mental disabilities, global policy developed under the United Nations (UN) to realize human rights in institutional settings. The adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD) was a groundbreaking development in international law and disability rights, bringing about a paradigm shift that moved mental health policy from a medical model to a social or “human rights” model of disability. Instead of seeing individuals as “ill” or “damaged,” the CRPD recognizes disability as “an evolving concept” that results from the interaction between persons with impairments and social barriers that hinder their full and equal participation in society. The CRPD thus creates a government obligation to remove attitudinal and environmental barriers to inclusion, guaranteeing the right of all persons to live in the community. To implement these rights, the CRPD creates an affirmative obligation on governments to ensure access to a full range of community support services to support independent living and inclusion in the community – mainstreaming human rights in mental health policy.
Pathogen Sharing
Authors: Eccleston-Turner Mark , Rourke Michelle 
Published: June 2024

Abstract
This chapter, “Pathogen Sharing,” introduces the role of “access and benefit sharing” (ABS)—a transactional mechanism designed to allow countries to trade access to their sovereign genetic resources for monetary and non-monetary benefits—in global health law. Combating emerging and re-emerging infectious diseases requires a coordinated international scientific response that includes testing, surveillance, risk assessments, and the development of vaccines and other medical countermeasures. Each of these vital activities relies upon prompt access to pathogen samples. The international scientific community had long treated these pathogen samples as common resources, belonging to everyone, sharing samples freely and informally with scientists around the world to monitor the changing genetic sequences of pathogens and seeking to detect pathogens with pandemic potential before they take hold in the human population. However, international environmental law has come to impact the management of pathogen samples, recognizing genetic resources as the sovereign resources of the country of origin and allowing that country to negotiate the terms of access to these samples though an ABS transaction. Where countries seek to negotiate access to pathogen samples in exchange for sharing associated medicines and vaccines, the ABS transaction may not be the most efficient way to realize global health goals.
Universal Health Coverage
Authors: Gostin Lawrence O , Meier Benjamin Mason 
Published: June 2024

Abstract
This chapter, “Universal Health Coverage,” focuses on the dramatic inequities that dominate global health and examines how global health law has sought to alleviate these inequities within and between nations through a holistic approach to Universal Health Coverage (UHC). In removing barriers that prevent individuals from receiving health care and underlying determinants of health, UHC provides a path to ensure that all individuals receive the health services they need without financial hardship. The World Health Organization (WHO) has taken up UHC as a sweeping rights-based approach to health promotion across sectors, with the United Nations (UN) 2030 Agenda for Sustainable Development advancing UHC as a central health target under the Sustainable Development Goals – implicating a “whole of government” approach to address underlying determinants of health. This approach to global health law provides a path to revitalize WHO’s historic efforts to realize primary health care, pushing states to advance policies that not only ensure access to healthcare services, but also structure programming focused on health promotion, disease prevention, and other determinants of health. With the UN joining this effort to support health in all policies, UHC provides an encompassing policy foundation on which to advance global health.
Obligation to Criminalize Torture
Authors: Katona Nóra 
Published: June 2024

Abstract
This chapter discusses Article 4 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The object and purpose of the Convention is to make the struggle against torture and cruel, inhuman, or degrading treatment more effective by establishing State obligations to prevent torture and other forms of ill-treatment, to assist victims as well as to punish the perpetrators of torture. Article 4 is the central norm in relation to the objective of fighting impunity as one of the root causes of the widespread practice of torture worldwide. It requires States parties to make torture, but not other forms of ill-treatment, an offense under their domestic criminal laws with appropriate penalties taking into account the grave nature of the crime of torture.