bluuebunny/crossref_metadata_2025_split huggingface dataset:
Digital Human Rights Investigations
Authors: Dubberley Sam , Satterthwaite Margaret , Knuckey Sarah , Brown Adam 
Published: August 2024

AbstractThe aim of this chapter is twofold: to show that secondary trauma is a real risk for human rights researchers in the digital age; and to introduce human rights researchers and organisations to techniques and methods for mitigating harm and building resilience. Section 1 outlines the general criteria, symptoms, and risk factors for PTSD, and discusses the potential link between viewing photos or video of abuse and PTSD. Section 2 discusses why digital and open source investigations pose a unique challenge to the mental health of human rights researchers. Section 3 shares various tactics investigators can use to help prevent, mitigate, and respond to stress related to exposure to traumatic material. Section 4 turns to organisational strategies for working with potentially traumatic material. Section 5 addresses the impact of technological choices on exposure to distressing material, suggesting that developers need to confront and design with the risk of PTSD and other adverse effects in mind.
Immunities, Amnesties, and Statutes of Limitation
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter examines the immunities, amnesties, and statutes of limitation pertaining to international law on genocide. It first discuses immunities under customary law. A significant issue to address is whether the exclusion of immunities for genocide is limited to the two jurisdictions provided for under the Genocide Convention or whether it has broader application. The chapter also considers the customary law exclusion of immunities with respect to civil suits against states. The provisions of the International Criminal Court (ICC) are also considered. For amnesties, the chapter considers the lack of general exclusion of amnesties for all international crimes, as well as the lack of acquired rights under international law. Here, international law does not endow amnesties with legal force. Nor does it create enforceable rights for its beneficiaries that would arise from international law. Instead, international law provides for a number of basic criteria that national amnesties need to satisfy lest they be regarded as invalid from the point of view of international law. Finally, this chapter explores the statute of limitations under both the Genocide Convention and the ICC.
Establishing Genocidal Intent
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter explores the methods and challenges in establishing the genocidal intent of the accused. The evidential challenge generally involved is accentuated in the case of genocide by a number of factors specific to that offence. First, the requisite genocidal intent is eminently specific and evidentially demanding. It requires proof of three discrete sub-elements: an intent; to destroy; a group as such. In effect, these three elements imply not one level of special intent, but two — one in regards to the ultimate target of their action, the group; and one in regards to the intended fate of the group, i.e., its physical or biological destruction. Secondly, an intent to destroy a group of human beings is rarely publicized and is often dissimulated by the perpetrators. In such cases, the culpable intent will have to be inferred from what might have trickled from the words and actions of the accused and those of others involved in the commission of the crime.
Genocide and Other International Crimes
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter looks at how genocide overlaps with other international crimes. It argues that genocide is characterized by a number of important definitional features, which set it apart from other international core crimes. Unlike war crimes and crimes against humanity, the primary focus of its protection are groups, rather than individuals. Unlike genocide, war crimes and crimes against humanity are not as restricted and are generally broader in scope because their protected interests are significantly more diverse. And unlike war crimes and crimes against humanity, genocide does not require proof of a particular contextual or chapeau element. But despite their different origins and reach, the international core crimes significantly overlap. What constitutes genocide also often satisfies the requirements of other international crimes and evidence relevant to establishing genocide may also be relevant to establishing other core crimes. As a group, these crimes offer an impressive tool box of penal prohibitions that cover a wide range of criminality.
The Institutional Setting
Authors: Moloney Niamh 
Published: August 2024

Abstract
This chapter examines the main features of EU financial markets regulation and its institutional setting. It places the regulatory regime in the context of the objectives of financial markets regulation and the distinct objectives pursued by EU financial markets regulation, in particular the integration of financial markets and the support of market finance. It examines the evolution of the regulatory regime from its initial development in the 1970s, to the 1999 Financial Services Action Plan reforms, to the outbreak of the global financial crisis in 2008 and the related reform agenda, and on to the 2015 adoption of the Capital Markets Union agenda and its updating in 2020, and to the impact of the Covid-19 pandemic. It considers the institutional setting of EU financial markets regulation, examining the law-making process and its key institutional actors (as regards legislation, administrative rules, and soft law), and how the regulatory scheme is supervised and enforced within the European System of Financial Supervision and the role of the European Securities and Markets Authority (ESMA). It closes by looking to the future, including in light of the sustainable finance agenda.
The concept and definition of minorities
Authors: Hannum Hurst 
Published: August 2024

Abstract
This chapter explores the legal and political definitions of a ‘minority’, providing a historical perspective on the many definitions the term has accumulated over the years, as well as presenting its current definitions and the proposals made to expand on them. This book in particular considers the minority as an individual distinguished via ethnic, religious, linguistic, cultural, or ‘national’ characteristics. Yet, although the rights of such minorities have been the subject of international legal instruments for centuries, none has thus far included a definition of minorities in general. This is explained primarily by historical reasons, which the chapter examines in greater depth. Nowadays, however, the great majority of states appear to define minorities according to the traditional concept of groups that share certain objective characteristics, combined with a subjective understanding of themselves as a group or community that desires to develop and perpetuate those attributes that define them.
Expression, assembly, association
Authors: Gilbert Geoff 
Published: August 2024

Abstract
This chapter examines the fundamental rights of expression, assembly, and association in the context of minority rights. In the case of minorities, it is important that the right to expression entails a requirement that the communication might be in the mother tongue of the minority group, and that receiving and imparting information and ideas should take place regardless of frontiers. In addition, the right to assembly is required by most international instruments to be exercised peacefully. And while assembly and association are very closely related rights, in the area of minority rights association has a much more substantive role to play. Vis-à-vis the state, individuals can use their freedom of association in order to preserve and protect the group.
Government Procurement
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter focuses on WTO rules on government procurement contained in the Government Procurement Agreement. It discusses the Government Procurement Agreement as a Plurilateral Agreement; the background of the Government Procurement Agreement; the 2012 Government Procurement Agreement; domestic implementation; and dispute settlement in relation to the Agreement on Government Procurement.
A Practitioner’s Guide to Maritime Boundary Delimitation
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This book provides a guide to the modern law of maritime boundary delimitation. The law of maritime boundaries has seen substantial evolution in recent decades. The book provides an overview of the law in this field, and its development through the United Nations Convention on the Law of the Sea (UNCLOS), which set out the framework of the modern law in 1982. The Convention itself has since been substantially built upon and clarified by a series of judicial and arbitral decisions in boundary disputes between sovereign states, which themselves also built upon earlier case law. The book dissects each of the leading international judgments and awards since the North Sea Continental Shelf cases in 1969, providing a full analysis of the issues and context in each case, explaining their fundamental importance to shaping the law. Technological developments in the exploitation of maritime natural resources (including oil and gas) have provided a significant impetus for recent boundary disputes, as they have made the resources found in remote areas of the ocean and seabed more accessible. However, these resources cannot effectively be exploited at the moment, as hundreds of maritime boundaries worldwide remain undelimited. The book also identifies key issues in maritime delimitation which have yet to be resolved, and sets out the possible future direction the law may take in resolving them.
Methodology
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This chapter presents some essential preliminaries in the delimitation process—the fundamental question being whether there is a delimitation in force. In most situations, the existence of a delimitation agreement between two States will be clear, but the history of maritime boundary delimitation disputes is replete with situations where it has not been. An important principle of international law in the context of the interpretation of historic delimitation treaties is that of intertemporal law, pursuant to which the law to be applied to a given situation must be the law in force at the time when it arose. Coastlines are the foundation for maritime claims. Delimitation is an exercise of resolving competing claims over maritime areas over which two States have overlapping legal title. Such legal title over maritime space follows from the coastal State’s sovereignty over land territory and as a result of that territory’s coastal projection. The process of delimitation inevitably leads to one or, quite often, both States being deprived of areas over which they would otherwise have legal title. The ‘third-stage approach’ to methodology in maritime delimitations is also examined. The chapter ends with some special considerations in the delimitation of specific maritime zones.
North Sea Continental Shelf Cases (Judgment of the International Court of Justice, 20 February 1969)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
The case described here concerned the delimitation of the North Sea continental shelf between the adjacent coasts of the Federal Republic of Germany, and Denmark and the Netherlands. The court commented that the North Sea has the general look of an enclosed sea without actually being one. Its waters are shallow and the whole seabed consists of a continental shelf mostly less than 200 metres deep. Much of the shelf had already been delimited between the littoral States, largely by way of agreements based on equidistance. These included an agreement made between Denmark and the Netherlands on 31 March 1966, after negotiations with West Germany had broken down, which reflected those two States’ view that delimitation should be based on equidistance. Beforehand, Germany had agreed boundaries immediately adjacent to its coasts with the Netherlands and Denmark by way of agreements dated 1 December 1964 and 9 June 1965, respectively, also based on equidistance. The chapter explains why the concave piece of coastline between the three disputing states was particularly important, and outlines in detail the subsequent events relating to the case.
Bangladesh v. Myanmar (Judgment of the International Tribunal for the Law of the Sea, 14 March 2012)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
The chapter starts by introducing the area in question in this case. Bangladesh and Myanmar are States with adjacent coasts in the Bay of Bengal, which is in the north-eastern Indian Ocean and is bordered by Sri Lanka, India, Bangladesh, and Myanmar. Bangladesh and Myanmar engaged in a series of maritime boundary negotiations between 1974 and 1986, and again between 2008 and 2010. The chapter examines the case in detail and presents some concluding remarks. Some eighteen years after the entry into force of UNCLOS, the Bangladesh v. Myanmar judgment represented the first foray of ITLOS into the field of maritime boundary delimitation. The territorial sea delimitation was notable for its treatment of St Martin’s Island, a significant Bangladesh feature located close to the Myanmar coast. This aspect of the judgment confirms the tendency in modern territorial sea boundary delimitation to give full effect to all but the most insignificant island features in territorial sea delimitations.
Introduction
Authors: Bodansky Daniel , Brunnée Jutta , Rajamani Lavanya 
Published: August 2024

Abstract
This introductory chapter provides an overview of international climate change law. It begins by discussing the factors that make climate change a challenge for international policymakers. The chapter then looks at three perspectives that have dominated the international policy response to climate change — climate change as an environmental problem, as an economic problem, and as an ethical one. In addition, it charts out the broad scope of international climate change law into a vast and complex web of principles, rules, regulations and institutions that will henceforth be referred to as ‘the UN climate regime’. The chapter also tackles the recurring themes and subject matter of international climate change law, before turning to the ways in which international climate change law engages with a multitude of treaty regimes, actors, and other international bodies.
Jurisdiction and Admissibility (Complementarity)
Authors: Ambos Kai 
Published: August 2024

Abstract
This chapter looks at the jurisdiction and admissibility of international criminal proceedings. Given that the International Criminal Court (ICC) has international legal personality and is subject to international law, its jurisdiction is governed by the respective rules of international law, although it is not subject to the same limitations as that of a State. Thus the chapter explores the ‘genuine links’ between the person and the State, as well as the principles governing the freedoms and limits of the Court’s jurisdiction. The chapter then considers the question of a factual concurrence between the international and national jurisdictions, in which rules of priority have to be established along the following basic lines: either the international tribunal enjoys primacy, or it is subsidiary (complementary) to the respective national jurisdiction. In the second part the chapter looks into the admissibility and the concept of positive complementarity.
Evidence and Disclosure
Authors: Ambos Kai 
Published: August 2024

Abstract
This chapter examines the principles governing the taking and admission of evidence and the obligations of disclosure in international criminal procedure. The main areas of evidence before international criminal tribunals, i.e. witness and documentary evidence, are analysed. Some specific rules and issues are explored before concluding the first part with the important problem of the inadmissibility (exclusion) of evidence due to rights violations. The second part of the chapter analyses the disclosure regime, distinguishing between prosecution and defence disclosure and discussing disclosure restrictions. The focus is on the ICC although its case law on the matter is still incipient and therefore the international law of evidence is largely informed by the case law of the ad hoc tribunals.
History of International Migration Law
Authors: Chetail Vincent 
Published: August 2024

AbstractThis chapter sketches the long and turbulent history of international migration law from the 16th to the 20th century. It covers the movement of persons in the doctrine of the Law of Nations (16th–18th century); the rise and fall of free movement (19th–20th century); and the development of human rights of migrants from minimum standards to fundamental rights (20th–21st century). The chapter concludes that, as a result of long-standing evolution, the traditional law of aliens grounded in diplomatic protection and state responsibility has been progressively marginalized and absorbed by human rights law. This process is not confined to the specific situation of migrants, but reflects a broader evolution of general international law during the last century. Migrants’ rights have become the epitome of human rights for better or for worse.
The General Rule: (1) The Treaty, its Terms, and their Ordinary Meaning
Authors: Gardiner Richard 
Published: August 2024

Abstract
This chapter analyses the principal elements of the general rule for treaty interpretation under Article 31 of the Vienna Convention. It focuses on the components of article 31(1): (1) a treaty; (2) good faith; (3) ordinary meaning of terms; (4) context; and (5) object and purpose. These components constitute the first part of the general rule for interpretation of treaties. The chapter explains the history and development of the provision. Each of the terms is interpreted and its role is analysed in the light of the practice of courts and tribunals as well as by reference to academic studies.
International Criminal Law
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The book gives an account of international criminal law from the perspective of a formalist, positivist public international lawyer. It complements the usual consideration of the customary international crimes of genocide, crimes against humanity, war crimes, and aggression and of the workings of the various international criminal courts and tribunals, past and present, with a fuller-than-usual treatment of the customary international rules governing national jurisdiction to prescribe and to enforce criminal law; of the raft of universal multilateral treaties defining and creating obligations for states parties in respect of international crimes and of the so-far unsuccessful attempts to conclude a comprehensive universal criminal convention on international terrorism; of the prosecution and adjudication of international crimes at the national level, including by special domestic criminal courts; and of the legal bars, both international and domestic, to the prosecution and adjudication of international crimes at the national level. The book also features detailed conceptual analyses of the notions of an ‘international crime’ and an ‘international criminal court’, as well as an analytical account of the rise of individual criminal responsibility under international law.
Grounds for Excluding Responsibility
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter considers the general grounds for the exclusion of criminal responsibility, more commonly known as defences, under customary international criminal law. It examines first the various accepted or more-or-less accepted defences, namely mental incapacity; intoxication; self-defence, defence of others, and defence of certain property; duress; mistake of fact and mistake of law; and superior orders. It then touches on a number of consistently-rejected defences, namely military necessity, the plea known as ‘tu quoque’, and official capacity. The chapter concludes with a brief look at the various mitigating circumstances taken into account when sentencing individuals convicted of crimes under customary international law.
The Crimes and Their Modes of Responsibility
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter examines in detail the wide variety of international crimes provided for by multilateral treaty, restricting its focus to those multilateral treaties concluded after 1945 and open to the participation of all states. It sketches the background to and scope of application ratione materiae of each of these universal international criminal conventions and outlines the essentials of the different crimes and the modes of responsibility (other than commission in its most basic form) specified in relation to them. The chapter also looks at the protracted and, to date, fruitless efforts at the universal level to conclude a comprehensive criminal convention on international terrorism.
Nationality
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: August 2024

Abstract
The chapter starts with a review of the nationality controversy and a discussion of the function of nationality in the law of international claims. The diplomatic protection practice is reviewed. The chapter then considers the definition of nationality in investment treaties for both individuals and corporations. It concludes by considering how nationality has been treated in investment arbitration awards by reference to 3 main issues: corporate nationality, continuous nationality and control by foreign nationals.
Compensation
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: August 2024

Abstract
The final chapter is concerned with the approach to be taken to the determination of the appropriate level of compensation for breach of treaty rights. The law on this topic is an amalgam of the provisions of general international law with the specific provisions of the treaties themselves. Compensation is a potential form of reparation for any internationally wrongful act of a State. This part of the work is therefore closely linked to the international law of State responsibility. But the specific provisions of investment treaties, as lex specialis, have resolved a number of contentious issues as to the appropriate approach to be taken to the calculation of the amount of compensation. Nevertheless, the detailed principles to be applied to determining the amount of compensation, both for expropriation claims, as for other claims to breach of treaty, has continued to raise difficulties for arbitral tribunals. This chapter discusses the range of options adopted in actual practice by tribunals dealing in addition with interest and costs.
Belief that Privacy Concerns Differ from Competition Policy Objectives
Authors: Stucke Maurice E , Grunes Allen P 
Published: August 2024

Abstract
This chapter describes the difficulty in incorporating the intangible, non-economic injury from invasions of privacy interests into the analysis of competition agencies with regards to Big Data. The intersection of privacy and competition law raises several looming, unresolved issues. One unresolved issue is defining privacy. Another issue is whether and when there is a need to show harm, and if so, what type of harm. Even if competition authorities could identify the privacy interest and harm, a third unresolved issue is how competition agencies and courts should balance privacy interests with other interests. Privacy interests are rarely absolute. Once competition policy is added into the mix, privacy interests at times can be difficult to reconcile with other interests, such as promoting economic efficiency.