bluuebunny/crossref_metadata_2025_split huggingface dataset:
Women’s Rights, Gender, and Sexuality
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter examines the inter-American system’s response to gender-based human rights violations, particularly the Commission and Court’s jurisprudence on violence and discrimination against women, and women’s access to social, economic, procedural, civil, political, and reproductive justice. It reviews the 1994 Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, also known as the “Belém do Pará” Convention. It also considers the Commission’s role in developing the inter-American system’s jurisprudence on gender and on women’s rights, in individual cases, thematic reports, and through Rapporteurships on the Rights of Women and on the Rights of Lesbian, Gay, Bisexual, Trans, and Intersex Persons (LGBTI).
Indigenous and Tribal Peoples’ Rights and the Inter-American System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter covers the inter-American system’s jurisprudence and actions to monitor, protect, and promote the rights of indigenous, tribal, and afro-descendant communities of the Americas. It begins with a survey of the development, scope, and purpose of the definition of indigenous communities and tribal peoples in the Inter-American system. It then considers three Court cases from Colombia and Guatemala addressing racial discrimination, assassination, and mass murder against indigenous peoples to examine the depth of ongoing, systemic violence and the obligations states owe to their indigenous communities. Next, it turns to the situation of and protections for indigenous territories in the Inter-American system, highlighting the holding and impacts of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua case in which the Court affirmed an indigenous community’s collective right to land and natural resources under the American Convention.
Reparations and Compliance
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter discusses the development of the inter-American system’s comprehensive approach to reparations for violations of human rights under Article 63 of the American Convention. It begins by considering how the Commission’s enabling statute informs its jurisprudence on reparations. It then examines the content and scope of its early reparations recommendations from cases in Chile, Uruguay, Argentina, and Guatemala. Next, it turns to the outcomes of the inter-American systems remedies and reparations, focusing on the historical rates and trends in compliance with the Commission and Court’s recommendations and orders. The chapter also examines how definitions of "victim" and "injured party" have evolved and the impact such changes on the Court’s reparation orders. It closes by examining the question of compliance with the Court’s orders, from its legal basis to its monitoring system, and the effectiveness and outcomes of its decisions on reparations.
The Future of the Inter-American Human Rights System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter begins by critically appraising the efficacy of the inter-American system of human rights and recent shifts in the jurisprudence of the Commission and Court. It then turns to proposals for improving the system’s mechanisms for protecting and promoting human rights. It considers major challenges to the system’s operation and the implementation of such changes, particularly the lack of adequate financial resources and the lack of universal ratification of the American Convention in the Organization of American States. The chapter then discusses the domestic political and legal obstacles to ratifying the American Convention in the United States and Canada, before considering the threat of denunciation by already-ratified states. The chapter concludes by considering various proposals of change and reform, as well as existing political pressures and initiatives that could undermine the system.
Authors: Schloenhardt Andreas 
Published: August 2024

Abstract
This chapter provides a background on the criminal justice measures for the illicit manufacturing of and trafficking in firearms. It emphasizes the complications on firearms, their parts and components, and ammunition, which are traded legally between private entities, between private and State entities, and between States and their agencies. It also talks about the challenging task of Firearms Protocol and the fierce opposition it faces by some States, industry groups, and individuals. The chapter provides a background on mechanisms to criminalize certain illicit activities whilst simultaneously creating regulations for the licit firearms trade. It highlights the international cooperation to stop the illicit manufacturing of and trafficking in firearms, their parts and components, and ammunition.
Article 38 (Settlement of Disputes/Règlement des Différends)
Authors: Oellers-Frahm Karin 
Published: August 2024

Abstract
This chapter considers Article 38 of the 1951 Convention and Article IV of the 1967 Protocol. Both provisions contain compromissory clauses attributing compulsory jurisdiction to the ICJ under Article 36 of the Statute of the International Court of Justice (ICJ Statute) concerning the disputes arising under the 1951 Convention. The compromissory clauses are aimed at strengthening the proper application and interpretation of a treaty and the rule of international society law in general. The chapter explains that a compromissory clause addressing the ICJ reminds States parties of the treaty of their obligation to settle disputes peacefully. Additionally, the clauses remind the parties that a body exists to give an authentic interpretation of the treaty to guarantee its uniform understanding and application.
Article 39 (Signature, Ratification and Accession/ Signature, Ratification et Adhésion)
Authors: Geiß Robin , Li Yao 
Published: August 2024

Abstract
This chapter looks into the 1951 Convention's Article 39 and the 1967 Protocol's Article V. In 2000, the Secretary-General identified the 1951 Convention as belonging to a core group of 25 multilateral treaties representative of the key objectives of the UN and the spirit of its Charter. Additionally, the rules found in the Vienna Convention on the Law of Treaties (VCLT) apply to the 1951 Convention as a matter of customary international law. On the other hand, the 1967 Protocol does not amend the 1951 Convention but binds its parties to observe the substantive provisions. The chapter cites that the 1967 Protocol constitutes an independent and complete international instrument that is open not only to the States parties to the 1951 Convention.
Article 41 (Federal Clause/Clause Fédérale)
Authors: Gil-Bazo María-Teresa 
Published: August 2024

Abstract
This chapter discusses Article 41 of the 1951 Convention and Article VI of the 1967 Protocol. Similar to Article 40, the purpose of Article 41 primarily revolves around the facilitation of federal States by allowing for exceptions in the territorial application of this instrument. Additionally, the provision facilitated non-unitary States' participation in the 1951 Convention as a whole and protected the applicability of refugee status in international law. The chapter explains that the 1967 Protocol also aims to achieve the widest possible adherence regardless of the refugees' temporal and geographical limitations. It expounds on the provisions' drafting history and historical developments.
Article 42 (Reservations/Réserves)
Authors: Pellet Alain 
Published: August 2024

Abstract
This chapter explicates the extent of Article 42 of the 1951 Convention and Article VII of the 1967 Protocol. Both provisions cover a wide range of legal questions relating to the rules applicable to reservations to treaties and interpretative declarations. The text and the practice of reservations to the 1951 Convention and the 1967 Protocol achieve the goal of a fair balance between the search for universality and the preservation of the Convention's integrity. The chapter explains how the constant trend of reservation withdrawal is the proper way to rebuild Convention's integrity. It highlights the United Nations High Commissioner for Refugees (UNHCR) as the guardian of the integrity of the 1951 Convention.
Engagement of Sri Lanka’s Supreme Court with International Law in its Fundamental Rights Jurisdiction
Authors: Gunaratne Dakshinie Ruwanthika 
Published: August 2024

Abstract
The chapter examines the modalities of engagement of Sri Lanka’s Supreme Court with international law in its fundamental rights jurisdiction. It details the reception of international norms into the domestic legal system, through the Supreme Court’s practice and its progressive engagement with international law aiming to expand the constitutional rights of Sri Lanka’s citizens. The chapter also highlights several instances where the Court disregarded international law relying on the hierarchical superiority of domestic law. Because of the doctrine of judicial precedent, once the Supreme Court clarifies, expands, or rejects norms based on international law, this decision may become part of domestic law. The chapter concludes that the Supreme Court’s engagement with international law has mostly fostered alignment of international and domestic norms, with a few, but significant, exceptions. In this manner, the Supreme Court has become a key institution for the implementation and enforcement of international law in Sri Lanka.
Engagement of Albanian Courts with International Law
Authors: Zyberi Gentian , Sali Semir 
Published: August 2024

Abstract
The chapter discusses the engagement of the highest Albanian courts, the Albanian Constitutional Court and the Albanian Supreme Court, with international law. The Constitutional Court is mandated by the Constitution to assess the compatibility of Albanian laws with international law; the Supreme Court plays an important role in the unification or amendment of judicial practice. Firstly, the chapter discusses the status of international law in Albania. Second, it analyses relevant cases relating to human rights obligations under the European Convention on Human Rights, the law of immunities, international criminal law, and the law of the sea, based on the typology developed by the International Law Association Study Group. Judicial engagement with international law falls mainly within the category of alignment, with few occasions of avoidance and contestation. Finally, the chapter seeks to assess whether Albanian courts follow a common pattern in approaching international law; and if so, identify it.
Engagement of Kosovo’s Domestic (Internationalized) Courts with International Law
Authors: Ratniece Zane 
Published: August 2024

Abstract
Until 2018, Kosovo’s courts were also staffed with international judges, appointed by the UN (UNMIK) or the EU (EULEX) mission in Kosovo. Furthermore, for some time, Kosovo’s legal system was largely based on UN Security Council Resolution 1244 and UNMIK regulations, which, according to the ICJ, presented lex specialis international law. Hence, Kosovo was essentially governed by international law until its 2008 declaration of independence. Thereafter, Kosovo repealed UNMIK regulations, passing its own laws. Kosovo’s courts have thus engaged with international law in a unique legal setting. The chapter unpacks their strategies of engagement with UNMIK regulations when resolving questions regarding the latter’s applicability in the new constitutional framework. It also scrutinizes how different approaches to UNMIK regulations have affected judicial engagement with customary international law. Finally, the chapter examines how Kosovo courts have sought to align their pronouncements with international standards on the prosecution and adjudication of international crimes.
The Principle of Systemic Integration in International Law
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
International law has greatly expanded in reach and density over the past few decades, and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed. This book fills the research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of States and international organizations in the framing of international instruments and their application. The book closely examines legislative texts and cases to reflect on the principle’s theoretical foundations and actual application in practice. It argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions, and between legal norms, may be addressed. It further explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties, and, finally, analyses the operation of the principle in international courts and tribunals. The reasoning and larger questions presented by the book will bring fresh insights to researchers and practitioners undertaking any international law project.
Introduction
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
Chapter 1 introduces the book’s central propositions. This chapter argues that the principle of systemic integration performs a pivotal role in a legal system that is constituted through a discursive process of legal reasoning, which builds relationships of coherence between legal rules, without which those rules could have neither life nor meaning. Such a system is premised on State consent, yet requires the identification of, and reference to, general principles of law. The principle demonstrates the capacity of international law to accommodate radically competing priorities about public goods in their application to specific cases, and to respond to change.
Ideas of Interaction
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
Chapter 2 addresses the concept of international law as a legal system. It argues that a contemporary conception of international law must be based upon an understanding of the multilateral treaty as the system-constitutive instrument. It considers completeness, unity, and stability as three aspects of systematicity advanced by jurists. The chapter answers theories of rule interaction based on a conflict of regimes and pluralism, finding that coherence—the manner in which norms and principles interlock—best captures the systemic qualities of international law. It demonstrates that the International Law Commission ultimately recognized this when it adopted the text of Article 31(3)(c) of Vienna Convention on the Law of Treaties.
Integration in Legal Process
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
Chapter 3 considers the practical operation of systemic integration in the process of legal reasoning aimed at resolving an international law dispute. It begins by elucidating the distinction between the jurisdiction of an international court or tribunal and the content of the applicable international law. This chapter then examines how to determine which particular rules of international law are applicable, considering the relation between treaty and custom, successive treaties on the same subject matter, and peremptory norms. Finally, it addresses the construction of Article 31(3)(c) of Vienna Convention on the Law of Treaties itself in the interpretation of treaties.
Bilateral Treaties
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
Chapter 4 focuses on the evidence for systemic integration in State practice in the framing and adoption of bilateral treaties. It demonstrates that, rather than leading to fragmentation, the conclusion of bilateral treaties promotes systematicity through States’ long-established and widespread practice of drafting and using model treaties in their cooperative relations. Tracing the genesis of model treaties to the first friendship treaty prepared on the foundation of the United States as an independent republic, it examines the development of model treaty-making through the 19th and 20th centuries in key fields such as extradition and tax. It tests the systemic impacts of model bilateral treaties through a comparison of the contemporary experience in investment and mutual assistance in criminal matters. It shows that bilateral treaty-making is frequently enmeshed with multilateral treaties in ways that are mutually reinforcing.
Judicial Integration
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
Chapter 6 considers the techniques that facilitate decisional integration between international courts and tribunals. It addresses two related but distinct legal processes. The first relates to the treatment of claims that overlap as a matter of fact. It evaluates the techniques available in international law to address issues of litispendence and related claims. The second relates to the treatment of claims that overlap as a matter of law. It considers the status of the judicial decisions of other international courts and tribunals as a subsidiary means for the determination of rules of law under Article 38(1)(d) of the Statute of the International Court of Justice.
The Applicable Law of Trade and Investment
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
Chapter 8 appraises the contribution of the principle of systemic integration to the determination by international tribunals of the law applicable to trade and investment. It assesses the significance of reference to other rules of international law in the case law of the Dispute Settlement Body of the World Trade Organization and in international arbitral awards determining investment treaty disputes. It finds such reference to be pervasive and essential to the function of fairly determining the parties’ dispute. This chapter addresses the role of custom and general principles of law, and of other relevant treaty rules applicable in the relations between the parties.
Conclusion
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
Chapter 9 concludes with an overall assessment of the function of the principle of systemic integration: both as a tool of practical reasoning and in light its implications for international law as a legal system, considering the existential challenges facing the international community. It distils the work’s key propositions of law about the principle’s operation: as part of a process to resolve legal disputes, in treaty drafting, and in treaty interpretation. This chapter argues that the substantial body of rules and principles of international law that States have created can only operate effectively as integrated parts of a coherent system.
Jurisdiction
Authors: Ryngaert Cedric , van der Wilt Harmen , Vara Juan Santos 
Published: August 2024

Abstract
This chapter examines the role played by domestic courts in the further development of the international law of jurisdiction. The law of jurisdiction has been developed in particular in criminal law and, to a lesser extent, in economic law (including antitrust and competition law). The chapter first considers a number of recent criminal cases, focusing on the contentious universality principle but also looking at two cases that gave an expansive interpretation to the territoriality and personality principles. It then discusses the reach of states’ economic laws, which are interpreted to be subject to public international law rules of jurisdiction developed in the field of criminal law. The cases reviewed show that domestic courts are often reluctant to review the reach of domestic law in light of the international law of jurisdiction, and that they may embark on justificatory analysis in case domestic law is in accordance with international law.
International Organizations
Authors: Reinisch August , Novak Gregor 
Published: August 2024

Abstract
This chapter examines how domestic courts have addressed issues relating to the legal personality, privileges and immunities as well as responsibility of international organizations. Various issues concerning international organizations, including their treaty-making powers, are intrinsically related to the international nature of their legal personality. However, there is a growing number of situations in which international organizations need to act as subjects of domestic law. The chapter first provides an overview of the domestic legal personality of international organizations before discussing the sources and scope of their immunities, the tension between immunities and the right of access to justice, and the question of attribution of internationally wrongful conduct to and the responsibility of international organizations. A number of domestic court cases involving international organizations are reviewed to highlight the diversity of the sources of the institutional law of international organizations, as well as the various traditions of incorporating international law into the domestic legal order.
Customary International Law
Authors: Hamster Jorian 
Published: August 2024

Abstract
This chapter examines how domestic courts apply and develop customary international law by reviewing various cases chosen from jurisdictions all over the world. It first considers the methodology used by domestic courts in determining customary international law, taking into account the constitutive elements of customary international law and how broad norms of customary international law are interpreted. It then describes the role of domestic courts as agents in the development and even creation of customary international law, along with the progressive reasoning they use. In particular, it analyses the issue of state practice and opinio juris and the notion of ‘emerging custom’. All these cases at least show that domestic courts are willing to engage in difficult questions of international law.
Soft Law
Authors: Kanetake Machiko 
Published: August 2024

Abstract
This chapter examines how domestic courts give recognition, through their judicial reasoning, to soft law. The concept of soft law gives recognition to international normative standards which do not fall under the recognized sources of international law (conventions, custom, and the general principles of law). Within the context of the Oxford Reports on International Law in Domestic Courts (ILDC), soft law encompasses a range of standards which states consider that they ought to abide by and yet which may not fall under the three sources of international law. This chapter reviews a number of domestic court decisions selected primarily from the ILDC) to identify the kind of soft-law instruments invoked by domestic courts in their judicial reasoning, namely instruments of treaty monitoring bodies, instruments of a ‘conference of parties’, instruments of international organizations, and instruments adopted by inter-governmental forums.