bluuebunny/crossref_metadata_2025_split huggingface dataset:
Treatise on International Criminal Law
Authors: Ambos Kai 
Published: August 2024

Abstract
Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational and systematic analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on academic and practical work in international criminal law. This third volume offers an analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the text considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences. All volumes address the entirety of international criminal law, re-stating and re-examining the fundamental principles upon which it rests, the manner it is enacted, and the key issues that are shaping its future.
Role and Status of Legal Participants
Authors: Ambos Kai 
Published: August 2024

Abstract
This chapter defines the roles and status of the participants in international criminal proceedings. It outlines the duties, functions, and compositions of the judges and chambers (Pre-Trial, Trial, and Appeal), the Prosecutor and the Office of the Prosecutor (OTP), and the defence counsel. The chapter also discusses the rights of the defendant (suspect/accused), which are central in the procedural framework of the ICC, as well as their participation at trial. The victims—who were formerly passive actors in international court proceedings—have since been granted rights and provided with the status of legal subjects, and their enhanced participation and protection in court are also described in depth. Lastly, the chapter examines the role of the amici curiae—‘friends of the court’ in Latin—who act as independent participants providing experts’ information on relevant issues where their specific expertise is needed.
Appeal, Revision, and other Remedies
Authors: Ambos Kai 
Published: August 2024

Abstract
This chapter outlines the various legal remedies available in modern international criminal proceedings. The appeal is the ordinary remedy against a first instance judgment of acquittal or conviction with a view to correcting possible errors of fact and law (‘final appeal’); it can also be lodged against other decisions at the pre-trial or trial stage (‘interlocutory appeal’). In contrast to the appeal, the revision is an extraordinary remedy against a final judgment of conviction or sentence. In addition, there are other remedies with regard to prosecutorial investigation or prosecution decisions, procedural rights’ violations, and administrative decisions.
The Cooperation Regime
Authors: Ambos Kai 
Published: August 2024

Abstract
This chapter examines the cooperation rules between international criminal tribunals and the national jurisdictions. As with the inter-State regime of horizontal cooperation (mutual assistance), the cooperation with international criminal tribunals encompasses three areas: arrest and surrender of persons, other legal assistance, and execution of sentences and other decisions. There is a factual connection insofar as both arrest/surrender/other legal assistance and execution of sentences/other decisions concern the cooperation between States and the tribunals. The tribunals require the cooperation of States both in the investigation and adjudication phase as well as in the enforcement phase. As to the structure of cooperation, however, the cooperation in the area of enforcement seems less ‘vertical’ than the surrender of persons and the other legal assistance.
Enforcement of Sentences and Other Penalties
Authors: Ambos Kai 
Published: August 2024

Abstract
This chapter analyses the enforcement of sentences of imprisonment imposed by international criminal tribunals and courts, especially as opposed to the enforcement of fines and other financial measures. Article 77 of the Statute of the International Criminal Court (ICCS) provides for imprisonment as the main penalty, and fines and forfeiture of proceeds, property, and assets as additional (‘in addition’) penalties. Its division between deprivation of liberty and other, financial measures adds another layer to our understanding of the enforcement regime. Furthermore, the enforcement of sentences and other judicial decisions is—together with extradition and other legal assistance (especially regarding evidence gathering)—a fundamental part of interstate cooperation in criminal matters. As such, it operates, in essence, in a decentralized fashion through enforcement by (willing and able) States, although one may consider the international tribunals’ detention facilities (IDFs) as the nucleus of a centralized international enforcement or even an international penal system. National implementation by representative States is reviewed in this chapter.
Concluding Remarks
Authors: Ambos Kai 
Published: August 2024

Abstract
Fragmentation of models and systems is a feature in international criminal procedure. This concluding chapter proposes a procedural model as a broad general framework in international criminal procedure. It argues that such would leave enough room for its operators, especially the judges, to adjust the procedural rules to their daily procedural realities. The solutions for the relevant issues or the paths to come to these solutions are to be found independently of their inquisitorial or adversarial origin. Of course, a procedural ‘framework model’ needs some guiding principles and there are essentially two—fairness and efficiency/expediency. Understood correctly, these principles do not contradict but complement each other, for it is also in the interest of the suspect/accused that their legal situation is clarified as expedient as possible as long as this does not entail an unacceptable curtailment of their fair trial rights.
The Architecture of Global Migration Governance
Authors: Chetail Vincent 
Published: August 2024

AbstractThis chapter focuses on the impact of soft law on the overall architecture of global migration governance at the multilateral level. Global migration governance is now solidly anchored in the UN system, through it political organs, specialized agencies, and affiliated organizations. However, the vast number and great variety of its modules resemble a deconstructivist architecture, which traces its main features as a multi-level form of governance and the way to redress its most obvious shortcomings. The chapter first draws the overall institutional design of global migration governance, before analysing the main pillars and building blocks of this multifaceted, if not convoluted, architecture.
Treaty Interpretation
Authors: Gardiner Richard 
Published: August 2024

Abstract
This book explains the rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. The rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties now apply to virtually all treaties which may be encountered in an international context and also within national legal systems where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, and also some administrators, diplomats, and officials at international organizations, are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Now that the codified rules of treaty interpretation have been in force for some twenty-five years, there is a considerable body of case law on their application. This case law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
A Single Set of Rules of Interpretation
Authors: Gardiner Richard 
Published: August 2024

Abstract
This chapter first sets out the book’s purpose, which is to explain the Vienna Convention on the Law of Treaties (Vienna rules) and its application. It then discusses the International Court of Justice’s (ICJ) gradual progression to affirmation of the Vienna rules; express endorsement of the Vienna rules by the ICJ; endorsement of the Vienna rules by other international courts and tribunals; endorsement of the Vienna rules by national courts; main terms and concepts which are used frequently in the book; the process of interpretation and the nature of the rules; and five examples of treaty interpretations.
Interpretative Material Generated in Making Treaties
Authors: Gardiner Richard 
Published: August 2024

Abstract
This chapter discusses elements of the treaty-making process that are relevant to treaty interpretation. It begins with a brief outline of the steps in making a treaty. It then explains the major components of that process and their products, and identifies links between those steps and relevant elements of the Vienna rules. Attention is given to recently completed work of the International Law Commission on reservations to treaties and to its work on interpretative declarations. The chapter is also important because it identifies preparatory work of treaties which constitutes an important supplementary means of interpretation considered in Chapter 8.
The General Rule: (2) Agreements as Context, Subsequent Agreements, and Subsequent Practice
Authors: Gardiner Richard 
Published: August 2024

Abstract
This chapter analyses further elements of the general rule for treaty interpretation under Article 31 of the Vienna Convention. It focuses on the notion of agreement between the parties on interpretation of a treaty. This is considered in two forms: first, a recorded agreement; and second, concordant practice of parties where this reveals their agreement on a point of interpretation. Such agreements, whether specifically entered into as agreements or established through practice of the parties, constitute a particularly significant element for interpretation of treaties being evidence of the parties’ understanding as to the meaning of their own agreement. A particular focus of the chapter is on the work in progress by the International Law Commission on subsequent agreements and subsequent practice in continuation of its study of treaties over time.
The General Rule:
Authors: Gardiner Richard 
Published: August 2024

Abstract
This chapter analyses the last two elements of the general rule for treaty interpretation under Article 31 of the Vienna Convention. Article 31(3)(c) deals with the circumstances in which rules from the broad sweep of international law may be brought into play in treaty interpretation. Article 31(4) addresses the situation where the interpretative exercise is narrowed by attribution by the parties of a particular meaning to a term of a treaty. The former identifies the circumstances in which the interpreter may use matter from the body of law outside the treaty. The latter narrows the focus to a particular or peculiar use of a term within the treaty, most readily indicated by a definition provision.
Languages
Authors: Gardiner Richard 
Published: August 2024

Abstract
This chapter analyses interpretation of treaties authenticated in two or more languages under article 33 of the Vienna Convention. Case law specifically referring to the Vienna rules is relatively sparse on the roles languages in treaty interpretation even though comparison of terms in different languages has long been routine and has become even more necessary with the increasing number of treaties authenticated in multiple languages. Routine comparisons yield up few points of general guidance in application of the Vienna rules. Hence the preparatory work assumes a greater role in explaining the text of article 33.
Criticism, Themes, Issues, and Conclusions
Authors: Gardiner Richard 
Published: August 2024

Abstract
This chapter argues that the Vienna rules provide a framework for interpretative reasoning for all treaties, even if they only take the interpreter part of the way; that the more vague the wording of a treaty, the greater scope the interpreter has to exercise discretion; but that such exercise of discretion needs to be based on a full understanding of all the rules and must be carried out in good faith. The chapter pays particular attention to contemporary issues in treaty interpretation. These include the nature of ’evolutionary interpretation’, treaty interpretation in the particular contexts of international human rights law and international criminal law, and the problems of inconsistent interpretations in the growing body of case law relating to investment treaties.
The International Rules on National Criminal Jurisdiction
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter examines in detail the customary international rules on a state’s jurisdiction to prescribe and to enforce criminal law. A discussion of the famous ‘Lotus presumption’ leads into an account of the various accepted and asserted bases of prescriptive jurisdiction in the criminal context, followed by an indication of the absence of any hierarchy among these bases and a consideration of the applicability among different states of the principle ne bis in idem. The chapter then turns to enforcement jurisdiction in the criminal context, looking at the general rule and exceptions to it of the exclusivity of a state’s jurisdiction to enforce within its own territory, at the law and practice of extradition and mutual assistance in criminal matters, at some of the international legal implications of interstate abduction, and at the rules governing jurisdiction to enforce criminal law at sea.
The Types of Criminal Court
Authors: O’Keefe Roger 
Published: August 2024

Abstract
After prefatory terminological and conceptual clarifications, the chapter examines the basis for, and the international legal significance of, the formal juridical distinction between international and municipal (or ‘national’ or ‘domestic’) criminal courts, as well as the differences among international criminal courts when it comes to the legal underpinnings of their establishment and empowerment. It highlights how, for the purposes of international law, relatively little turns on the technical distinction between an international and a municipal criminal court and how of far greater international legal significance are the differing legal bases on which international criminal courts can be established and empowered. The chapter also suggests that what is more important in practical terms than the distinction between an international and a municipal criminal court are the differences as to jurisdiction ratione materiae, applicable law, rules of procedure and evidence, composition of the bench and its method of appointment, and so on, among international criminal courts and municipal criminal courts respectively.
Modes of Responsibility
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter examines the material and mental elements of the various accepted and asserted bases or ‘modes’ of criminal responsibility under customary international law, namely commission, including joint criminal enterprise (JCE) and co-perpetration, indirect perpetration, and indirect co-perpetration; planning; instigation; ordering; soliciting or inducing; aiding and abetting; contribution to a crime committed or attempted by a group of persons acting with a common purpose; conspiracy to commit the crime of genocide, direct and public incitement to commit the crime of genocide, and complicity in the crime of genocide; attempt; the specific modes of responsibility for the crime of aggression; and command and other superior responsibility.
The Obligations and Rights of States Parties
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter examines in detail the various obligations and rights in relation to their national criminal justice systems arising for states parties to the universal international criminal conventions. It considers the obligations common to all or most of the relevant treaties, among them municipal criminalization, provision for appropriate penalties, establishment of jurisdiction (including universal jurisdiction), prosecution or extradition (aut dedere aut judicare), and mutual assistance in criminal matters, before turning to the more significant of the obligations found in only some or one of these treaties, such as prevention of the offence, punishment of the offence, searching for suspects, and the exclusion of certain defences.
Immunity and Inviolability
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter outlines and analyses the scope of the immunity from foreign criminal jurisdiction and the inviolability from foreign measures of physical constraint, both generally and in relation to allegations of international crimes, from which a state may be entitled under international law to see its serving and former officials benefit. It begins by inquiring into the content of immunity and inviolability—in other words, precisely what judicial and executive measures are prohibited by the relevant international rules. It then considers in detail, first, the range of immunities ratione personae (chief among them diplomatic immunity and the respective immunities of heads of state, heads of government, and ministers for foreign affairs) and the attendant inviolability from which a small number of serving state officials benefit; and, secondly, the various immunities ratione materiae (foremost among them state immunity and consular immunity) from which serving and former state officials may benefit. In both contexts, the chapter examines closely the controversy over the grant to serving and former officials of foreign states of immunity from criminal jurisdiction in relation to allegations of international crimes.
Statutory Limitation and Amnesty
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter considers the questions of international criminal law and of general international law raised by the practices of statutory limitation and amnesty when the crime subject to limitation or amnesty is an international crime. It examines whether the state which provides, via limitation or amnesty, for partial or total impunity in respect of an international crime breaches any obligation it may have under either international criminal law or general international law. It also asks whether international criminal law or general international law prohibits a state from prosecuting an alleged perpetrator of an international crime covered in another state by a statute of limitations or amnesty.
The International Criminal Tribunals for the Former Yugoslavia and Rwanda and Their Residual Mechanism
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter focuses on the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and their residual Mechanism for International Criminal Tribunals (MICT), each of them established and empowered on an ad hoc basis via a decision taken by the UN Security Council under chapter VII of the UN Charter. The chapter starts by sketching the history and basic workings of the three courts before examining the international legality of their means of establishment. It next considers legal issues relating to the scope and exercise of the jurisdiction enjoyed by each court, the relationship of the courts to national criminal jurisdictions, and the relationship of the courts to the International Court of Justice. The chapter looks finally at the obligation on UN member states to co-operate with the courts, in particular through the surrender of suspects and the production of evidence, and the forcible measures authorized and taken in this connection in support of the Dayton Agreement.
The Basic Features of Investment Treaties
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: August 2024

Abstract
Chapter 2 looks at the key principles contained in BITs and MITs. In its discussion of BIT key provisions it has sections on Preambles, Definitions, Admission, War Clauses, Free Transfer of Payments, Subrogation, State to State Disputes and Duration. All other issues are dealt with elsewhere in the book. The section on MITs considers similar provisions contained in NAFTA, the ASEAN Agreement and the Energy Charter Treaty. Issues which are unique to these treaties are addressed. The chapter concludes with a summary of issues relating to Foreign Investment Laws.
Investment
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: August 2024

Abstract
The chapter begins with considering the definition of investment under the ICSID Convention, BITs and MITs. Having addressed the treaty framework, it examines the role played by treaty tribunals in building upon treaty definitions in relation to specific property interests. These are: timing issues, pre–contract investment, place of investment, the role played by the law of the host State in defining indirect investment (including minority shareholders' rights) and investment approval.
Expropriation
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: August 2024

Abstract
By contrast with the rights discussed in Chapter 7, the protection of property rights in investments from expropriation has long been the subject of close consideration by arbitral tribunals. However, the factual matrix in which the modern expropriation claim arises may well be very different to the context of outright nationalization of foreign property, which characterised many of the earlier causes célèbres.
The chapter starts by looking at the classic definition and its modern elasticity. It considers both direct and indirect expropriation. It concludes by looking at the case–by–case approach of tribunals, in particular the criteria they consider and the governmental measures that may constitute expropriation.
Big Data and Competition Policy
Authors: Stucke Maurice , Grunes Allen 
Published: August 2024

Abstract
Big Data and Big Analytics are a big deal today. Big Data is playing a pivotal role in many companies’ strategic decision-making. Companies are striving to acquire a ‘data advantage’ over rivals. Data-driven mergers are increasing. These data-driven business strategies and mergers raise significant implications for privacy, consumer protection, and competition law. At the same time, European and United States’ competition authorities are beginning to consider the implications of a data-driven economy on competition policy. In 2015, the European Commission launched a competition inquiry into the e-commerce sector and issued a statement of objections in its Google investigation. The implications of Big Data on competition policy will likely be a part of the mix. This book offers a detailed description of the important new issue of Big Data and explains how it relates to competition laws and policy, both in the EU and US. The book helps bring the reader quickly up to speed on what is Big Data, its competitive implications, the competition authorities’ approach to data-driven mergers and business strategies, and their current approach’s strengths and weaknesses.