bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Nature of International Law and the Concept of Sources
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter considers sources of international law. The discussion covers formal and material sources, recognized formal sources, nature and operation of the sources, States and non-State actors, and religious law as a rival or additional source. It also examines whether the theory of sources is still sufficient. It suggests that the dramatis personae of the international legal scene include entities other than States, referred to in the literature as, for example, ‘non-State actors’, and ‘multi-stakeholders’. It is at the least a practical working hypothesis that the law governing relationships with and between these entities, insofar as it varies from that governing inter-State relations, is attributable to the same classic sources.
The Title and the Preamble
Authors: Malloy Tove H 
Published: August 2024

Abstract
This chapter sets out and analyzes the Title and Preamble of the Framework Convention for the Protection of National Minorities (FCNM). The title and the preamble of an international agreement are not decisive in assessing the substance of its provisions but may be relied upon for interpretation purposes. In this instance, it is clear that the FCNM is a binding agreement under international law, subject to the customary international law reflected in the Vienna Convention on the Law of Treaties. The chapter begins with a discussion of four important points that the title of the FCNM adds to the character and the interpretation of the treaty. It then explains the background to the Preamble followed by an analysis of its technical provisions and its more programmatic elements, including the aims and intentions of the drafters. Finally, reference is made to the foundational paragraphs of the Preamble which embed the FCNM in the field of human rights and link it to other instruments.
Article 8
Authors: Machnyikova Zdenka 
Published: August 2024

Abstract
This chapter comments on Article 8 of the Framework Convention for the Protection of National Minorities (FCNM). The true value of Article 8 lies in its promotion of full and effective equality for persons belonging to national minorities in the enjoyment of their religious freedoms. The scope of the measures secured by states parties under this article ranges from horizontal protection directed at peaceful enjoyment of the manifestation of religion or belief, to the facilitation of the right to establish religious institutions and associations in state legislative and administrative practice, to more positive measures that assist religious communities in preserving their religious traditions. Although the states parties provide wide-ranging positive measures, state support is typically mentioned in the context of the general assistance that these states provide to all religious denominations.
Article 10
Authors: de Varennes Fernand 
Published: August 2024

Abstract
This chapter comments on Article 10 of the Framework Convention for the Protection of National Minorities (FCNM). Article 10, which touches upon the use of national minority languages, is significant because it directly addresses what other provisions of the Framework Convention only skirt: the extent to which a state must put aside its own exclusive language preferences and permit, or even require public authorities to use a national minority language in addition to an official one. Article 10 also confronts the often-held belief that a state must be united by a common, or in extreme views, exclusive, working language used by public authorities. This stance has led many states to actively suppress, discourage, or ignore national minority languages and, to this day, some states maintain repressive attitudes and practices premissed on the belief that an official language requires an exclusive linguistic approach.
Article 12
Authors: Thornberry Patrick 
Published: August 2024

Abstract
This chapter comments on Article 12 of the Framework Convention for the Protection of National Minorities (FCNM). Article 12 addresses questions of cultural knowledge in the area of minority rights, the ‘human capital’ necessary to deliver this curriculum, and the right of access to it. Taking measures to foster knowledge of majority and minority cultures is envisaged as a duty of states parties ‘where appropriate’. In the gaze of the Convention, diversity, cultural self-knowledge, and mutuality run together as underpinning motifs of educational processes in the wider ‘social’, as well as the narrower ‘curricular’ senses. It would appear from Convention practice that many states make genuine efforts to promote solidarity through education, but that these efforts are patchy and halting.
Articles 27–32
Authors: Draper Matthew 
Published: August 2024

Abstract
This chapter comments on Articles 27–32 of the Framework Convention for the Protection of National Minorities (FCNM). Article 27 limits signature of the Framework Convention to members of the Council of Europe (CoE), although it does provide a mechanism for non-members to be invited to join. Article 28 sets out the rules governing when the Framework Convention enters into force and, for CoE members that join subsequently, when they become bound by it. Article 29 describes how non-members of the CoE may be invited to join the Framework Convention by the Committee of Ministers (CoM) and when the Framework Convention enters into force for such states. Article 30 allows states to specify the parts of their territories to which the Framework Convention is to apply. Article 31 provides the manner in which states may denounce, or rather withdraw from, the Framework Convention. Finally, Article 32 requires the Secretary-General of the CoE to notify the states of any signatures, accessions, and ratifications, as well as any other state communication relating to the Framework Convention.
War Powers
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 8 explores the enumerated and unenumerated war powers of the federal government and their application to issues as diverse as invasion, humanitarian intervention, the role of the U.N. Security Council, and military commissions. It analyzes the specific powers granted to Congress and the president and those denied to the several states in making war. It discusses the power to resort to armed force in self-defense and otherwise, examining its pre-constitutional origins, expression in the U.S. Constitution, subsequent practice, and contemporary issues; these issues include diverse and competing theses concerning presidential authority. The chapter also reviews the power to conduct armed conflict, analyzing the relevance of international law and the president’s commander-in-chief power, among others. It concludes with a discussion of the power to establish and regulate the military, which includes the power to raise revenue and provide for the common defense; to raise and support the military; to purchase and regulate military installations; and to call forth, organize, arm, and discipline the militia.
Federalism and Foreign Relations
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 9 reviews the implications of the U.S. federal system for U.S. foreign relations law. It discusses the deficiencies identified under the Articles of Confederation, leading to more centralized authority over foreign affairs in the federal government under the U.S. Constitution; it explains that despite this centralization, states nevertheless maintain important roles in U.S. foreign relations. The chapter describes the means by which federal law preempts conflicting state law in the field of foreign relations—through statute, treaty, presidential action, the dormant Foreign Commerce Clause, the dormant foreign affairs power, and customary international law. It concludes with a discussion of a specific role that the U.S. Constitution envisions for states in foreign relations: their ability to conclude “compacts” with foreign states and substate entities.
Freedom of thought, conscience and religion/Liberté de pensée, de conscience et de religion
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 9 of the European Convention on Human Rights, which protects freedom of thought, conscience, and religion. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to marry/Droit au mariage
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 12 of the European Convention on Human Rights, which protects the right to marry. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Registry and rapporteurs/Greffe et rapporteurs
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 24 of the European Convention on Human Rights, which requires the European Court of Justice to have a Registry. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Decisions by Chambers on admissibility and merits/Décisions des chambres sur la recevabilité et le fond
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 29 of the European Convention on Human Rights, which confirms the role of the seven-judge Chamber as the central adjudicative body of the Court. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Individual applications/Requêtes individuelles
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 34 of the European Convention on Human Rights, which allows the Court to receive applications from any person, non-governmental organisation, or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Admissibility criteria/Conditions de recevabilité
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 35 of the European Convention on Human Rights, which sets out the criteria for admissibility. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Striking out applications/Radiation
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 37 of the European Convention on Human Rights, which allows the Court to strike an application out of its list of cases at any stage of the proceedings. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Expenditure on the Court/Frais de fonctionnement de la Cour
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 50 of the European Convention on Human Rights, which states that the Council of Europe will fund the Court. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Exclusion of other means of dispute settlement/Renonciation à d’autres modes de règlement des différends
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 55 of the European Convention on Human Rights, which grants the Convention organs a form of monopoly with respect to the interpretation and application of the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Preamble/Préambule
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents the Preamble of Protocol 1 to the European Convention on Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to free elections/Droit à des élections libres
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 3 of Protocol 1 to the European Convention on Human Rights, which requires states to ‘organise’ democratic elections. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Relationship to the Convention/Relations avec la Convention
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 5 of Protocol 1 to the European Convention on Human Rights, which confirms that Protocol No. 1 is an additional protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Relationship to the Convention/Relations avec la Convention
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 6 of Protocol 6 to the European Convention on Human Rights, which explains that its provisions shall be considered to be additional articles to the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Membership and Observer Status
Authors: Klein Eckart 
Published: August 2024

Abstract
This chapter gives an overview of the rules and conditions on membership in the Council of Europe (CoE). It frames the discussion within the context of the Eastern enlargement. According to Article 2 of the Council of Europe Statute, the parties to this Statute are the members of the organisation. Thus the chapter discusses the composition of the CoE’s membership since its founding, and the rules and obligations accompanying membership of the Council. Furthermore the chapter devotes a section to non-members with special working relations with the Council, discussing in particular two special statuses established for this purpose: the observer status and the special guest status. The chapter then concludes with some closing remarks on the developments the CoE has undergone.
Budget and Financing
Authors: Schmahl Stefanie 
Published: August 2024

Abstract
This chapter examines the financial provisions of the Council of Europe (CoE), which can be found in Chapter VII of the CoE Statute. The basic principles enshrined in Articles 38 and 39 CoE Statute are that each Member State bears the expenses of its own representation in the Council’s statutory bodies (Article 38 (a) CoE Statute). Articles 38 and 39 CoE Statute are also concretised and supplemented by various internal acts of the organisation. The most important provisions relating to budgetary matters are laid down in the Financial Regulations. The Regulations deal in detail with the preparation and the approval and utilisation of the Programme and Budget, with internal reporting, external auditing, accounting, and much more. Most importantly, Article 25 of the Financial Regulations provides for a Budget Committee, which examines the draft budget and submits its comments to the Committee of Ministers (CM).
The Conference of International Non-Governmental Organisations of the Council of Europe
Authors: Krieger Heike 
Published: August 2024

Abstract
This chapter analyses the origins, structures, and effects of the Conference of International Non-governmental Organisations of the Council of Europe. It aims to demonstrate the limits and chances for NGO participation at the international level. Hence the chapter shows how the NGOs serve as a possible redress on the perceived lack of legitimacy in the growing trend of ‘global governance’. They are seen as a means to further a participatory understanding of democracy on the international level. Insofar as NGOs are pursuing different aims and representing diverging values, their increasing participation has also been described as a reason for the politicisation of international organisations.
Eurimages Fund
Authors: McGonagle Tarlach 
Published: August 2024

Abstract
This chapter examines the European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual Works, its origins and development, as well as its focuses and activities. Better known as ‘Eurimages’, it was established in 1989, by way of a partial agreement and in accordance with the terms set out in Council of Ministers (CM) Resolution (88) 15. The purpose of Eurimages is ‘to encourage […] the co-production, distribution, broadcasting and exploitation of creative cinematographic and audiovisual works, particularly by helping to finance the co-production, distribution, broadcasting and exploitation’. It may go about this task ‘in any way to be defined by the Board of Management’. Eurimages’ current membership comprises 36 Member States.
The Council of Europe and International Institutional Law
Authors: Breuer Marten 
Published: August 2024

Abstract
This chapter reconsiders some of the aspects of the Council of Europe (CoE) discussed in the preceding chapters, but from a different point of view, namely, the perspective of international institutional law. Despite certain constraints, the CoE has not only offered a forum of dialogue but also managed to deeply permeate the law and reality of its Member States. Therefore the functioning of the CoE may serve as confirmation of the general rules governing the law of international organisations. At the same time, there may be also peculiarities where the functioning of the Council differs from the functioning of other international organisations in general. Finally, it may be asked if and in which respect the CoE contributed to enhancing the law of international organisations.
The Concept of International Armed Conflict
Authors: Clapham Andrew 
Published: August 2024

Abstract
The treatment of people in armed conflict is one of the most highly regulated areas of international relations, with international law reaching down to create obligations for multiple actors, including states, organized armed groups, and individuals. Wars and armed conflicts, far from creating lawless zones, trigger multiple binding obligations under international and national law. In some cases, violations of these obligations can result in prosecutions—in the form of war crimes trials. This chapter discusses the applicability of the Geneva Conventions. It addresses the threshold of violence for international armed conflict (including cyber conflicts), and separates out the concepts of armed attack, use of force, and intervention. It also discusses the significance of overall control by a state over an armed group fighting another state. Lastly, it demonstrates that how one classifies a conflict is relevant for the determination of the applicable international rights and obligations.
Torture, Cruel, Inhuman, or Degrading Treatment or Punishment
Authors: Nowak Manfred , Janik Ralph 
Published: August 2024

Abstract
This chapter discusses the provisions on torture and cruel, inhuman, or degrading treatment or punishment (CIDT) in international human rights law (IHRL), international humanitarian law (IHL), and international criminal law (ICL). It shows that due to their absolute prohibition, acts that constitute torture or CIDT in times of peace cannot become tolerable in exceptional situations, above all in times of armed conflict. Applying the IHRL regime on this matter to IHL serves as a means to secure coherence in the application of the respective Articles in the Geneva Conventions. The chapter also covers the prohibition of torture and CIDT in non-international armed conflict and legal consequences of any violations of the right to human dignity.