bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 62 of the VCLT: Fundamental change of circumstances
Authors: Mbengue Makane Moïse 
Published: June 2024

Abstract
This entry covers Article 62 of the Vienna Convention on the Law of Treaties (VCLT) that is concerned with fundamental change of circumstances. Pacta sunt servanda is a fundamental legal principle dictating that agreements must be kept, and Article 62 provides an important but limited exception to the pacta sunt servanda rule. Codification by the International Law Commission (ILC) transformed the principle of fundamental change of circumstances (rebus sic stantibus) from a legal fiction to a well-defined provision with restricted applicability, and ICJ decisions have fleshed out how this principle operates. Rebus sic stantibus principle is part of customary international law, given that states have frequently invoked it to justify the termination and modification of treaties. The principle has only rarely featured in investor-state arbitration, and mostly indirectly. Like pacta sunt servanda, rebus sic stantibus is essential for peace and stability. It ensures that the original intention of the parties is safeguarded. Its restricted character is essential.
Article 15 of the ARSIWA
Authors: Annacker Claudia , Horváth Enikő 
Published: June 2024

AbstractThis entry examines Article 15 of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). Article 15 introduces the concept of a composite breach, i.e., a series of actions or omissions defined in aggregate as wrongful, and specifies the time of the occurrence of a composite breach and its duration. The entry analyses the application of the provision in general international law and international investment law. While there is little jurisprudence on Article 15 in general international law, investment treaty tribunals frequently rely in this Article when assessing acts and omissions that, in aggregate, impact on an investment, and their jurisprudence on the elements of a composite act may have an impact on general international law.
Article 55 of the ARSIWA
Authors: Bordin Fernando Lusa 
Published: June 2024

Abstract
This entry examines the notion of lex specialis as per Article 55 of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). It discusses its requirements and the practice of international courts and tribunals, including investment tribunals. International investment law has provided a fertile ground for the lex specialis principle and for the intricate relationship between special (treaty) rules of treaty law and general (customary) rules. Investment tribunals have remained faithful to the basic tenets articulated in the work of the International Law Commission. Still, they found solutions in practice that are valuable both for dealing with future cases and for drafting treaty provisions where the scope of lex specialis is defined.
The procedure for succession to bilateral investment treaties
Authors: Sarvarian Arman 
Published: June 2024

Abstract
This entry covers the procedural rules of general international law by which a State might succeed to a Bilateral Investment Treaty (BIT). It explores how arbitral tribunals and domestic courts interpret and apply the rules of State succession in investment disputes. Several issues affected international investment law, some of which include the transfer of rights and obligations in a BIT and the jurisdiction of an investment arbitral tribunal based on that treaty. The entry then details the limited scope for the direct applicability of the Vienna Convention on the Succession of States with respect to Treaties 1978 (VCSST) to BITs. It then considers the key issue surrounding the interpretation of silence.
Succession in respect of cession, unification and separation of States
Authors: Devaney James G , Tams Christian J 
Published: June 2024

Abstract
This entry concerns succession in respect of cession, unification, and separation of States. State succession denotes the notion of the definitive replacement of one State by another in respect of sovereignty over a given territory. In the absence of a generally accepted treaty framework, questions of State succession typically are resolved either by general rules of customary international law or by special agreements reached by States affected by instances of succession. The entry details the key concepts of cession or transfer of territory, and unification and separation of States. It concludes that there is significant alignment between investment practice and more general practice relating to the law of State succession.
State Immunity in investment arbitration
Authors: Reinisch August 
Published: June 2024

AbstractThis entry explores the key concepts of the customary rules on State immunity in investment arbitration. State immunity is primarily a post-arbitral phenomenon that emerges when successful investors try to enforce an arbitral award and seek assets exempt from enforcement immunity. The entry looks into how investment tribunals use and rely upon concepts derived from the law of State immunity. This has been most prominent when tribunals had to determine whether certain acts allegedly in violation of investment treaty standards could be attributed to host States. It concludes that, due to immunity mostly becoming relevant only in the post-award phase, there is no indication that the limited invocation of State immunity concepts by investment tribunals has influenced general international law and dispute settlement practice.
Cross-cutting substantive aspects
Authors: Zhou Jingyuan , Puig Sergio 
Published: June 2024

Abstract
This entry examines cross-cutting substantive matters using the North American Free Trade Agreement (NAFTA) example. It discusses the interpretation of substantive treatment standards by the International Court of Justice (ICJ), NAFTA Chapter Eleven tribunals and other international courts and tribunals, notably the Iran-United States Claims Tribunal (IUSCT). By comparing such decisions, it concludes that alignment is found more often in the interpretation of expropriation and the minimum standard of treatment (MST)/fair and equitable treatment (FET), whereas decisions on national treatment and most-favoured-nation (MFN) diverge. Five reasons may have contributed to these misalignments: (1) the focus and scope of the subject matter of disputes, (2) the treaty texts and textual ambiguity of IIAs, (3) the institutional structure of NAFTA, (4) the fact-specific nature of the inquiry to find a violation of substantive standards of treatment, and (5) the evolution of jurisprudence and State practices. Nevertheless, NAFTA tribunals have made the ICJ jurisprudence relevant for ISDS.
The international law minimum standard of treatment
Authors: Howse Robert 
Published: June 2024

Abstract
This entry looks into the international law minimum standard of treatment (MST). The entry details its emergence as customary international law, describes its contours and requirements, and application in investment law. In particular, it considers the relationship of the MST to the fair and equitable treatment (FET) standard in North American Free Trade Association (NAFTA) awards and the changes brought by the revisions of NAFTA under the United States Mexico Canada Agreement (USMCA). The entry finds that recently a treaty-based approach to defining international standards for treatment of investors and investments dominates. It concludes that the normative content in these recent treaty provisions overlaps considerably with that of contemporary regional and multilateral human rights instruments.
Cross-cutting procedural powers of international courts and tribunals
Authors: Miles Cameron 
Published: June 2024

Abstract
This entry focuses on cross-cutting procedural powers of international courts and tribunals (ICT), including jurisdiction and admissibility, provisional measures, applicable law, rules of evidence and the finality of judgments and awards. It stresses consent as the source of international jurisdiction as a matter of general international law and international investment law (IIL) with IIL tribunals thus operating by a general procedural law rooted in the principle of state consent to international jurisdiction. Yet, the entry finds that investment tribunals have begun to develop their ownpractice on counterclaims and costs. Moreover, through their constituent instruments and procedural rules, they have rendered other concepts such as extinctive prescription partly redundant. This not to say that IIL seals itself from the wider system of international dispute settlement. Instead, the institutional features of the IIL and investment arbitration produce bespoke outcomes, as their drafters intended.
Nationality
Authors: Giorgetti Chiara 
Published: June 2024

Abstract
This entry highlights the importance of nationality as the foundation for protecting persons under international law. It considers the acquisition and recognition of nationality of natural persons before considering the general principles regarding the nationality of legal persons. Nationality provides the crucial link between the State and natural and legal persons that ties the substantive principles of international investment law to those individuals who can benefit from them. Moreover, the practice of international investment tribunals and other international courts and tribunals shows a remarkable difference between the approach of assessing nationality for natural and legal persons. The entry explains the key role of nationality in international investment law, which underlines that the practice of international courts and tribunals on the issue is both frequent and relevant.
Interpretation of the 1951 Convention
Authors: McAdam Jane , Dunlop Emma 
Published: June 2024

Abstract
This chapter elaborates on the interpretation of the 1951 Convention in domestic courts. It looks into the approaches of the courts in the United Kingdom, Canada, Australia, New Zealand, and the United States to determine the extent of dependence on the principles of treaty interpretation. The chapter explains the principles are based on the Vienna Convention on the Law of Treaties (VCLT). Due to the absence of an international refugee court to act as the final arbiter of the 1951 Convention interpretation, there is no uniform international practice or single interpretation of the aforementioned treaty. The chapter mentions the supervisory role of the United Nations High Commissioner for Refugees (UNHCR) in overseeing the implementation and application of the 1951 Convention.
Regional Developments: Europe
Authors: Klug Anja 
Published: June 2024

Abstract
This chapter provides an overview of the most important characteristics of refugee law in Europe. It discusses regional developments surrounding refugee protection in the Council of Europe, which either have a direct or indirect impact on the 1951 Convention and the 1967 Protocol. Europe is a region with complex hugely different national asylum systems and practices, so refugees and asylum-seekers who manage to enter Europe benefit from strong regional human rights and refugee protection systems. The chapter also looks into the European Union's common European asylum system. It considers how diverting EU and national practices threaten the effective implementation of the 1951 Convention.
Regional Developments: Africa
Authors: Van Garderen Jacob 
Published: June 2024

Abstract
This chapter discusses the development of refugee law in Africa. It considers the historical patterns of conflict, migration, and displacement that occur across the African region. Nearly all African countries ratified the OAU Refugee Convention and applied the provisions through domestic legislation, but lofty ideas imposed by the treaties are hard to remove after six decades. The developments include the patterns of conflict and displacement in Africa post-1951 key provisions of the OAU Refugee Convention. The chapter also tackles the role of the African Commission on Human and Peoples’ Rights (ACmHPR) as well as the role of African domestic courts in promoting refugee protection.
Article 1 A, para. 1 1951 Convention
Authors: Schmahl Stefanie 
Published: June 2024

Abstract
This chapter focuses on the features of Article 1's paragraph 1 of the 1951 Convention. The article primarily determines the scope of application of the Convention's ratione personae while outlining the basis of the protection of refugees. Additionally, Article 1 addresses the concerns surrounding the inclusion, cessation, and exclusion of refugees. The chapter then tackles the historical development of the article by considering the instruments used prior to the 1951 Convention. It also cites that the Constitution of the International Refugee Organization appears to contain an ambiguity as to how the refugee notion was perceived, so refugees only became the IRO Constitution's concern when they have valid objections to returning to their home country.
Article 1 C
Authors: Kneebone Susan , O’Sullivan Maria 
Published: June 2024

Abstract
This chapter tackles Article 1 C of the 1951 Convention, which indicates the conditions of refugee fronting cessation clauses. It elaborates on the two-stage procedure of the cessation of refugee status, which should be strictly interpreted under the Article of the Vienna Convention on the Law of Treaties (VCLT) while also taking the 1951 Convention into account. However, the cessation under the 1951 Convention should not necessarily trigger the automatic return of the refugee. The chapter explains that cessation is also to be distinguished from revocation or cancellation of refugee status. It lists the six circumstances wherein the cessation of refugee status is imposed.
Article 1 E
Authors: Li Yao 
Published: June 2024

Abstract
This chapter elaborates on the function of Article 1 E of the 1951 Convention, which was originally aimed at German refugees. It refers to a special group of people who qualify for refugee status but enjoy the rights of national citizens despite their lack of formal citizenship. The article's object and purpose revolve around excluding persons from refugee protection who do not need any international protection since they have the status of national citizens. Additionally, access to refugee status is excluded ipso facto because the individual may resort to effective protection similar to that of citizenship upon being admitted to the country of sojourn. The chapter explains how Article 1 E is an integral part of the balanced system of international refugee protection prescribed by the Convention.
(General Obligations/Obligations Générales)
Authors: Lambert Hélène 
Published: June 2024

Abstract
This chapter considers the general obligations surrounding Article 2 of the 1951 Convention. Article 2 constitutes the first provision to refer to the duties of refugees in the context of international status. Since the Universal Declaration of Human Rights' commentary lacks State practice on the article due to its character as a moral obligation, some countries like Canada and New Zealand use Article 2 beyond its original scope and overall humanitarian purpose of the 1951 Convention. The chapter then covers the key issues of drafting a provision on the refugees' general obligation. It clarifies that Article 2 was intended to be a qualifying clause for Article 1. To lessen misinterpretation, Article 2 intended to exclude any provision restricting or prohibiting the political activities of refugees because the 1951 Convention focused on refugees looking for peaceful and normal lives
(Religion/Religion)
Authors: Walter Christian 
Published: June 2024

Abstract
This chapter discusses the function of Article 4 of the 1951 Convention to grant refugees in the host country freedom of religion. Since the issue was mentioned expressly, freedom of religion receives a prominent place compared to other fundamental freedoms which refugees may rely on in the host country. As a result, the article's prominence indicates that violations of freedom of religion are often important reasons for fleeing the country of origin. It acknowledges the limited practical impact of the article due to the national treatment standard. However, the symbolic importance of Article 4 should not be underestimated since it underlined the issue surrounding the lack of religious freedom.
(Exemption from Reciprocity/Dispense de Réciprocité)
Authors: Skordas Achilles , Ineli-Ciger Meltem 
Published: June 2024

Abstract
This chapter focuses on the features of the 1951 Convention's Article 7. Article 7 primarily focuses on the general standard for the treatment of refugees while correlating the 1951 Convention with external legal regimes. The provision then introduces an exemption from the condition of similar treatment of refugees and aliens after three years of residence. The chapter elaborates on the interpretation of Article 7 concerning the key themes of reciprocity treatment accorded to aliens and the exception where the Convention contains more favourable provisions. It explains how the article protects the rights of refugees against restrictive practices of national administrations.
Requirements for Refugee Determination Procedures
Authors: Hofmann Rainer , Schmidt Adela , Estifanos Lssan 
Published: June 2024

Abstract
This chapter provides an overview of the developments leading to the establishment of international law minimum standards for refugee determination procedures. It acknowledges that international treaty law on refugees is binding upon States concerning the issues of refugees and their rights that they have to recognize. The 1951 Convention's Chapter V on administrative measures contain mainly provisions applicable to people recognized as refugees in the sense of international law. The chapter then looks into the difference between the right of access to determination procedures and procedural minimum standards. It highlights the significance of the procedural aspects of the asylum applicants' international protection.
Refugees at Sea
Authors: Bank Roland 
Published: June 2024

Abstract
This chapter considers the phenomenon of refugees fleeing persecution by sea. It notes the tragedies are well-known of Jewish refugees seeking refuge from Nazi persecution by the German Third Reich or its allies. In recent times, the notion of mixed migration flows arose in the political discourse and media as the discussion is often triggered by dramatic cases with a high number of casualties when unseaworthy boats sunk. Article 31 of the 1951 Convention obliges States not to impose penalties on refugees coming directly from a territory where they may incur persecution. The chapter discusses the general obligations for the establishment of a search and rescue system.
(Liberal Professions/Professions Libérales)
Authors: Edwards Alice 
Published: June 2024

Abstract
This chapter focuses on the 1951 Convention's Article 19. It explains that Article 19 calls upon States parties to recognize degrees or diplomas to allow refugees to work in their professions for human dignity, and integration, and to satisfy refugee needs. The article primarily aims to regulate and streamline the accreditation of qualifications held by refugees intending to work in liberal professions. While Article 19 does not bar refugees from practising in the liberal professions, it does not give any special exemptions to refugees from professional accreditation, registration or other legal requirements to practise liberal professions as applicable in each host State. The chapter explains that Article 19 does not impose greater standards on refugees in terms of having their certificates accredited than on other aliens. Human rights
(Housing/Logement)
Authors: Leckie Scott , Simperingham Ezekiel 
Published: June 2024

Abstract
This chapter looks into Article 21 of the 1951 Convention. It highlights the importance of the right to housing for refugees under international human rights law. The provision needs contracting states to accord refugees lawfully staying in their territory as favourable as possible and not press favourable than aliens in the same circumstances. However, Article 21 only provides only qualified and minimal protection of the right for a subset of refugees lawfully staying in the territory. The chapter explores the provision's considerable developments on the grounds of content and associated obligations of the right to housing since its drafting and inclusion in the 1951 Convention.
(Labour Legislation and Social Security/ Législation du Travail et Sécurité Sociale)
Authors: Lester Eve 
Published: June 2024

Abstract
This chapter notes Article 24 of the 1951 Convention. The provision provides a comprehensive framework of social assistance protection to refugees who are lawfully staying in the territory of a contracting State. The chapter also considers how Article 23 and Article 24, which addressed public relief, and labour legislation and social security respectively, complement each other in that they ensure the narrow interpretations of social security. It also recognizes the sympathetic consideration given to honouring reciprocal social security agreements between contracting and non-contracting States. Moreover, Article 24 exacted considerable influence on the States' laws, regulations, and interpretation of terms like lawfully staying.
(Freedom of Movement/Liberté de Circulation)
Authors: Zieck Marjoleine 
Published: June 2024

Abstract
This chapter notes how Article 26 secured the right of refugees to choose their place of residence and to move freely within the territory of the State where they find themselves. Freedom of movement is vital in the sense that it is often a precondition to making use of other rights laid down in the 1951 Convention, such as the right to work and the free development of a person. However, Article 26 does not indicate when and for what purposes restrictions are justified. The provision places refugees on the same footing and equality of treatment as aliens. The chapter explains how the European Court is bound to apply the European Convention, which meant that States have to observe Article 26.
(Prohibition of Expulsion or Return (‘Refoulement’)/ Défense d’Expulsion et de Refoulement)
Authors: Wennholz Philipp , Rikhof Joseph 
Published: June 2024

Abstract
This chapter covers the extent of Article 33's paragraph 2. It explores in the paragraph specifying how a refugee may be subjected to refoulment if they impose a threat to national security in the country where refuge is sought. The exclusion clause aims to prevent the enjoyment of protection under the 1951 Convention. The chapter then discusses the drafting history of Article 33's paragraph 2 and its subsequent declarations and reservations. It explains that the provision should be applied carefully and restrictively due to its inherent interconnection to fundamental guarantees of general human rights law,l such as the prohibition of torture and inhumane treatment.
(Relation to Previous Conventions/Relations avec les Conventions Antérieures)
Authors: Schmahl Stefanie 
Published: June 2024

Abstract
This chapter elaborates on the features and functions of Article 37 of the 1951 Convention. It explains that the provision was established to address when parties would be subjected to different obligations and international instruments. Article 37's solution indicates that States parties to the 1951 Convention may not invoke the provisions of the pre-1951 international agreements relating to the status of refugees or the issue of travel documents vis-à-vis each other. However, an exception arises when the involved provisions were perpetuated by the virtue of Articles 5, 7, and 28 of the 1951 Convention. The chapter clarifies that Article 37 ensures that previous historical international instruments will cease to work when they adhere to the 1951 Convention.