bluuebunny/crossref_metadata_2025_split huggingface dataset:
Annex XIII—International Finance Corporation (IFC)
Authors: Feldman Marina , Franzetti Carlos , Chiquier Maria-Magdalena 
Published: August 2024

Abstract
This chapter discusses Annex XIII of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Finance Corporation (IFC). The IFC provides a range of financial products and advisory services to clients in developing countries. These include loans for the IFC's own account and for the account of participating financial institutions, equity and quasi-equity investments, structured finance transactions, and advisory services that support private sector development. As in the case of the Bank, the privileges and immunities of the Corporation under the Convention are complementary to those under its Articles of Agreement; and except for the special carve outs contemplated under paras 1 and 2 of Annex XIII the privileges and immunities of the Corporation are not curtailed but augmented by the Convention.
The Privileges and Immunities of the Members of the International Court of Justice, the Registrar, and Other Persons Connected With the Business of the Court
Authors: Couvreur Philippe , Ollivier Antoine 
Published: August 2024

Abstract
This chapter discusses the privileges and immunities of the members of the International Court of Justice (ICJ), the Registrar, and other persons connected with the business of the Court. Since 1946, very few issues have risen regarding the safeguarding of the ICJ's privileges and immunities. Difficulties relate mostly to minor road traffic offenses allegedly committed by Members of the Court, and to the imposition of fines against them. The Registrar of the Court has been required to intervene before the Dutch authorities in several instances, in order to explain that Members of the Court, like diplomatic agents, enjoy complete immunity from the administrative, civil, and criminal jurisdiction of the receiving State. Contrary to assertions sometimes made in this regard, the issuing of a fine, like any administrative measure taken against a diplomatic agent, is a measure taken by the authorities of the receiving State in respect of a person enjoying immunity from jurisdiction and, as such, thus violates that immunity.
Commonly Used Procedural Rules
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter focuses on the commonly used procedural rules for investment arbitrations. The International Centre for the Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) arbitration rules govern the vast majority of the cases. The ICSID Rules of Procedure for Arbitration Proceedings set forth procedures for the conduct of an arbitration proceeding under the ICSID Convention, including the constitution of the arbitral tribunal, the presentation by the parties of their case, and the preparation of the arbitral award. Meanwhile, UNCITRAL is the central legal entity within the United Nations system responsible for activities in the field of international commercial law. While UNCITRAL itself does not supervise arbitral proceedings, the UNCITRAL Arbitration Rules are used in various ad hoc arbitral proceedings administered under auspices of various arbitral institutions such as the Permanent Court of Arbitration. The chapter also looks at the Stockholm Chamber of Commerce Rules, the International Chamber of Commerce Rules, and the Permanent Court of Arbitration Rules.
National Court Interference
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter looks at the role of national courts in international arbitration. Arbitrators, as private persons, lack the coercive police power of the state. At various stages in the arbitration process, effective adjudication may therefore become difficult to achieve without implementation or the threat of implementation by a national court. International conventions are of some assistance in this regard, as the New York Convention and International Centre for the Settlement of Investment Disputes (ICSID) Convention attempt to ensure court enforcement of arbitration agreements and final awards in most countries of the world. However, court interference slows the process, makes it more expensive, and can tilt the playing field if a party turns to its own national courts for support in an arbitrable dispute. The most extreme form of national court intervention in arbitral proceedings is an anti-arbitration injunction. The ICSID Convention contains specific additional protection from anti-arbitration injunctions and other types of interference by national courts.
Consent to Arbitral Jurisdiction
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter describes the concept of consent to arbitral jurisdiction. The consent of the parties is the basis of the jurisdiction of all international arbitration tribunals. The requirement of consent to arbitral jurisdiction in the context of investor-state arbitration is also a corollary of the principle that ‘there is no power superior to the states which can force a judge upon them’. States and private entities or individuals may express their consent to binding dispute resolution in a variety of ways. Today, states typically provide their consent to submit future investment disputes to arbitration through bilateral investment treaties (BITs), multilateral treaties, or the state’s own domestic legislation. It is generally accepted that once a state has given its consent to arbitrate investment disputes and this consent has been perfected, it cannot be revoked unilaterally. When an investor accepts the state’s open offer to arbitrate, a valid and binding agreement is created between the parties.
Notion of Investment
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter explores the notion of investment in investment protection instruments such as international treaties and national investment laws. Determining whether a particular economic activity constitutes investment under the definitions of investment protection instruments is one of the prerequisites for jurisdiction of an arbitral tribunal. Typical categories of investment activity found in most investment treaties include real estate and other direct property rights; shareholdings and other forms of participation in local companies; intellectual property and other intangibles; and contractual rights including concession agreements. On the other hand, the term ‘investment’ is not defined in the International Centre for Settlement of Investment Disputes (ICSID) Convention. Nevertheless, scholarly writings and arbitral decisions have suggested that an investment under Article 25(1) has certain inherent characteristics, which sets it apart from other economic activities.
Discrimination: National Treatment, Most-Favoured Nation Treatment, and Discriminatory Impairment
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter assesses the principle of non-discrimination, which is one of the basic protections for foreign investors and investments in host nations. Investment treaties provide guarantees against discrimination in three different ways. First, national treatment ensures that foreign investors will be treated no less favourably than similarly situated domestic investors. The concept of national treatment is a key element of international trade and investment agreements. Second, most favoured nation (MFN) treatment ensures that foreign investors will not be treated less favourably than investors from any third country. Finally, some treaties contain a provision that prohibits arbitrary and discriminatory impairment of investments by the host state. The chapter then analyses the basic elements of these protections and the difficulties faced by tribunals adjudicating discrimination claims.
Transfers
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter explores provisions in investment treaties that deal with the transfer of funds. Foreign investors expect free and unrestricted transfer of funds into and out of the host country to sustain their operations. Host states may wish to restrict inward transfer of funds for various reasons such as national security. They may also limit the outward transfer of funds through currency control measures to safeguard balance of payments, particularly in difficult financial times.
Compensation, Damages, and Restitution
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter studies the areas of compensation, damages, and valuation in international arbitration practice. Modern investment treaties normally impose a standard of compensation for expropriation. Compensation for lawful expropriation is determined pursuant to the terms of the treaty as fair market value immediately before expropriation. Breach of an international obligation such as fair and equitable treatment or an unlawful expropriation creates an obligation to repair the harm caused as a result of the breach. Valuation of damages is normally performed by valuation experts in collaboration with other experts with expertise in the relevant industry sector. The chapter then explains the key concepts in valuation as well as the allocation of arbitration and legal costs.
Resources and Human Activities on the Continental Shelf Beyond 200 Nautical Miles
Authors: Mossop Joanna 
Published: August 2024

AbstractThis chapter examines the physical characteristics of the continental shelf—describing both the living and non-living resources that may be located in and on the shelf. The purpose of the chapter is to provide context for subsequent discussions about coastal State rights. Although in most cases the continental shelf beyond 200 nm is likely to be very deep, a number of activities already occur on extended shelves, and this is likely to increase in the future. The chapter describes the types of resources likely to be found on the continental shelf beyond 200 nm, activities that might occur in relation to the resources, and the environmental impact of those activities. The chapter therefore illustrates that it is timely for coastal States to consider how to effectively manage and protect their sovereign rights to the resources of the continental shelf beyond 200 nm.
Contextualizing Sexual Violence and Linking it to Senior Officials
Authors: Goy Barbara , Jarvis Michelle , Pinzauti Giulia 
Published: August 2024

Abstract
This chapter continues to explore strategies for contextualizing sexual violence by focusing on choices regarding the mode of liability used to charge sexual violence crimes. In particular, it examines how modes of liability can be used to reflect both connections between sexual violence and the broader context as well as to link sexual violence to senior officials. Additionally, this chapter notes that, given the difficulties associated with prosecuting sexual violence as an international crime, particularly in leadership cases, it is important to plead alternative forms of liability. The practice of alternative and/or cumulative charging is both warranted in law and advisable from a practical perspective.
The Picture of Sexual Violence in the Former Yugoslavia Conflicts as Reflected in ICTY Judgments
Authors: Verrall Saeeda 
Published: August 2024

Abstract
This chapter looks at the overall picture of sexual violence that emerges from International Criminal Tribunal for the Former Yugoslavia (ICTY) judgments—stemming from the conflicts in the former Yugoslavia, crimes committed at the outbreak of conflict in Croatia in 1991 and Bosnia and Herzegovina (BiH) in 1992, the mass expulsion campaign in Kosovo in 1999, and the conflict in the former Yugoslav Republic of Macedonia in 2001. These judgments have documented widespread atrocities, including sexual violence crimes, committed throughout the different theatres of conflict. While this picture necessarily cannot present a comprehensive account of sexual violence in the conflicts in the former Yugoslavia, it does provide an important baseline for reflection on the work of the Office of the Prosecutor (OTP), particularly when viewed in light of reports about sexual violence from the early 1990s as set out in Chapter 2.
Relationship between Different Kinds of Uses (Article
10)
Authors: del Castillo-Laborde Lilian 
Published: August 2024

Abstract
This chapter discusses Article 10, which deals with the relationship between different kinds of uses of international watercourses. Under Article 10 of the UN Watercourses Convention, it is recognized that international watercourses can have different kinds of uses which can compete or even be incompatible with one another. Article 10 also addresses how to resolve a conflict arising from different kinds of uses. The chapter first considers the preparatory works of the International Law Commission (ILC) before analysing the general principle and exceptions spelled out in Article 10. It then examines the issue of human right to water as it relates to the ‘special regard being given to the requirements of vital human needs’ to be assessed in the event of a conflict between uses of an international watercourse. It also explores Article 10’s relations with other articles of the Convention.
Regulation (Article 25)
Authors: Henshaw Taylor W , Paisley Richard K 
Published: August 2024

Abstract
This chapter discusses Article 25, which governs the regulation of international watercourses. Article 25 of the UN Watercourses Convention sets forth the basic obligation of regulation, the duty of equitable participation as it applies to regulation, and a definition of the key term ‘regulation’. It requires watercourse States to cooperate in addressing needs or opportunities to regulate river flows and to share the related costs and benefits in an equitable manner. The chapter first considers the International Law Commission’s (ILC) deliberations on flow regulation provisions leading up to the adoption of the Convention before analysing the extent to which the approach adopted in the Convention reflects State practice, the scope and normative dimensions of Article 25, its relationship with other articles within the Convention, and its importance in the context of international law and international water law.
International Watercourses and Installations in Time of
Armed Conflicts; the Obligation of Cooperation and Indirect
Procedures; Exchange of Information and Protection of Data and
Information Vital to National Defence or Security (Articles
29–31)
Authors: Tignino Mara 
Published: August 2024

Abstract
This chapter analyses Articles 29–31, which are concerned with, respectively: international watercourses and installations in time of armed conflicts, the obligation of cooperation and indirect procedures, and exchange of information and protection of data and information vital to national defence or security. The discussion begins with an overview of the preparatory works leading up to Articles 29–31, including the process of negotiations held at the International Law Commission (ILC) and the Sixth Committee’s Working Group of the Whole, as well as the modifications in their wording over the years. The chapter then examines the scope, dimensions, and legal value of the three articles, along with their relationship to other provisions of the UN Watercourses Convention. In particular, it considers how Articles 29–31 are linked to other areas of international law, such as international humanitarian law and international environmental law, as well as the role of joint mechanisms.
Access to Procedures and the Principle of
Non-Discrimination (Article 32)
Authors: Greco Roberta 
Published: August 2024

Abstract
This chapter focuses on Article 32, which states that a watercourse State shall not discriminate when dealing with persons who have suffered or risk suffering significant transboundary harm due to activities related to an international watercourse. It first reviews the travaux préparatoires of the UN Watercourses Convention, including the work of the International Law Commission (ILC) and negotiations within the Sixth Committee convened as a Working Group of the Whole, before discussing the scope and content of the rules enshrined in Article 32 as well as the legal nature of the principle of non-discrimination with respect to equal rights of access in matters of transboundary water pollution and in relation to customary international law. The relationship of Article 32 with other articles of the Convention, such as Article 7(2) (the duty to discuss the question of compensation) and Article 33 (inter-State settlement of disputes), is also examined.
The
Settlement of Disputes through Non-Judicial Means (Article
33(1)–33(9))
Authors: Tanzi Attila , Farnelli Gian Maria 
Published: August 2024

Abstract
This chapter focuses on Article 33 (paragraphs 1–9), which governs the settlement of disputes through non-judicial means. It first provides a brief overview of the preparatory works of the International Law Commission (ILC), paying special attention to the different approaches adopted by the Special Rapporteurs to address the role of non-adjudicative means in dispute avoidance. It then considers the scope and customary nature of the provision, along with its relationship with other provisions of the UN Watercourses Convention and other relevant international water agreements. In particular, it explains how the language used in Article 33 makes it particularly adjustable to different kinds of disputes. Finally, it reflects on the difficulties encountered in the adoption of Article 33 and how it lays the groundwork for an integrated approach between non-judicial and judicial means of dispute settlement.
The
Settlement of Disputes through Judicial Means (Article 33(10) and
the Annex on Arbitration)
Authors: Boisson de Chazournes Laurence 
Published: August 2024

Abstract
This chapter focuses on Article 33 (paragraph 10), which governs the settlement of disputes through judicial means. Article 33(10) adopts a classical approach to dispute settlement through diplomatic and judicial means. Two issues were raised during long discussions at the International Law Commission (ILC): first, whether recourse to third-party settlement has to be compulsory under the UN Watercourses Convention and second, what are the different stages that recourse to a third-party mechanism should contain. The chapter first provides a brief overview of the preparatory works of the ILC before discussing the scope and dimensions of Article 33(10) and the Annex to the Convention, which provides for the arbitration procedure pursuant to Article 33. In particular, it considers dispute settlement through judicial means in treaty practice and highlights a number of cases on judicial settlement. It also examines Article 33(10)’s relations with other articles of the Convention.
The
Interplay between the UN Watercourses Convention and the UNECE
Convention on the Protection and Use of Transboundary Watercourses
and International Lakes
Authors: Lammers Johan G 
Published: August 2024

Abstract
This chapter examines the relationship between the UN Watercourses Convention and the United Nations Economic Commission for Europe (UNECE) Convention on the Protection and Use of Transboundary Watercourses and International Lakes. It first provides an overview of certain articles found in the Vienna Convention on the Law of Treaties which may be of relevance to the UNECE Convention and the UN Watercourses Convention before discussing the common and distinct features of the two water conventions, focusing on terminology (e.g. ‘transboundary waters’, ‘transboundary impact’, ‘(international) watercourses’, ‘equitable use and participation’, and ‘significant harm’) and scope, substantive principles and obligations, cooperation, exchange of information, planned measures, harmful conditions and emergency situations, non-discrimination, responsibility and liability, and peaceful settlement of disputes.
The
UN Watercourses Convention and International Economic Law
Authors: McGarry Brian 
Published: August 2024

Abstract
This chapter examines the connections between the UN Watercourses Convention and international economic law. It considers those interplays which may be implied in the object and purpose of the Convention, along with the Convention’s prospective interplays with specific regimes of international economic law, focusing in particular on hydraulic infrastructure and other public works undertaken by a riparian State, international trade, and foreign direct investment. The chapter also discusses the potential for normative integration in the treatment of economic remedies under the Convention, noting that under the Convention, it is possible for a regional economic integration organization to become a Contracting Party if its own Member States have transferred competence to it for this purpose.
The Court
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter discusses the nature and role of the International Court of Justice (ICJ). The Court is named in Article 7 of the United Nations Charter as one of the ‘principal organs’ of the United Nations and as such is not subject to any direction or control by any of the other principal organs — in keeping with the basic principle of the independence of the judiciary. Its function is limited to deciding disputes. It has the power to decide and settle definitively any appropriate issue regularly brought before it. Furthermore, neither the Court nor any State other than the parties to a dispute has any power of initiative. The chapter then goes on to elaborate on the seat of the Court and its official languages.
Procedure in Advisory Cases
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter examines the proceedings on a request for an advisory opinion. In an advisory case, the role of the requesting organization, and of States taking part in the proceedings, is — at least theoretically — to assist the Court at arriving at a clear and well-founded statement of the law. In fact, of course, individual States may have very definite interests of their own in the matter, and the requesting organization may also be seeking or hoping for an opinion aligned with a particular standpoint. Be that as it may, the procedure laid down in the Statute and Rules contains some element of the contradictoire , reflecting the rule of Article 68 of the Statute, whereby in advisory cases the Court is to be ‘guided by’ the provisions of the Statute applicable in contentious cases. The chapter also discusses participation in these advisory proceedings.
The Effect of the Decision and its Enforcement
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter details the effects of two types of Court decisions and their enforcement. It examines the problems inherent in the provisions of Article 59 of the Statute on the matter of enforcing decisions. Where problems have arisen in connection with the application of Article 59, these have not concerned judicial statement of legal rules so much as the effect of the judgment ‘on the ground’. Advisory opinions, meanwhile, are not determinative: they express the view of the Court as to the relevant international legal principles and rules, but do not oblige any State, not even the body that asked for the opinion, to take or refrain from any action. However the distinction, while clear in theory, is less so in practice.