bluuebunny/crossref_metadata_2025_split huggingface dataset:
Recent Developments in Treaty and Arbitral Practice
Authors: Petsche Markus 
Published: August 2024

Abstract
Over the past ten to fifteen years, a number of significant developments have occurred and/or gained momentum, both in the way in which ‘investment’ is defined in investment treaties and in the manner in which arbitral tribunals have construed such treaty definitions. The common feature of these developments is that they have led to the application of a more restrictive notion of investment. This evolution arguably reflects widespread concerns that traditional treaty definitions are unduly broad and/or ambiguous, leading to undesirable outcomes and unpredictable decisions. Section II discusses the increasingly frequent adoption of enterprise-based, rather than asset-based, definitions of ‘investment’. Section III examines the by now prevalent requirement that investments must possess certain ‘characteristics’. Those characteristics overlap to a large extent with the Salini criteria applied under Art 25 ICSID Convention, and this requirement can therefore be viewed as an incorporation of the Salini test into investment treaty definitions. Section IV explores common exclusions found in investment treaties. Section V deals not with a development in treaty practice, but with a trend in arbitral interpretation. Specifically, it analyzes case law that has considered that the notion of investment under investment treaties, like the term ‘investment’ under Art 25 ICSID Convention, has an ‘objective’ or ‘implied’ meaning. This trend leads to the application of the Salini criteria under investment treaties, thus producing an effect similar to the characteristics-requirements examined in Section III.
The Law of International Financial Institutions
Authors: Bradlow Daniel D 
Published: August 2024

Abstract
This book explores the law applicable to international financial institutions, including the International Monetary Fund (IMF), the World Bank, and regional development banks, and provides a detailed overview of the legal frameworks within which these institutions were established and operate and which structure their relationships with their member states and their citizens. The book traces the history and development of international law and international financial institutions from the inter-war years to today. It opens with the Bretton Woods Conference, providing background on the treaties establishing the IMF and the World Bank. It moves on to discuss the Articles of Agreement of the IMF and the IBRD, and provides information on their governance arrangements, mandates, and operating principles. The international legal status of these two international financial institutions, their international legal rights, responsibilities, and obligations, and their privileges and immunities are also examined. In later chapters, the book explores how the structure, functions, and operations of the World Bank and IMF have evolved since their establishment and examines the regional development banks and the regional financial arrangements that were created after them. The book concludes by exploring the challenges that international financial institutions are currently facing, and the contributions that international law can make to help them successfully meet these challenges.
The Evolution of the World Bank
Authors: Bradlow Daniel D 
Published: August 2024

Abstract
Chapter 5 traces the evolution of the International Bank for Reconstruction and Development (IBRD). It is now only one institution in the group of related international organizations known collectively as the World Bank Group (WBG). The IBRD currently has almost four times more member states than it had when it opened its doors for business in 1946. In addition, the scope of its operations has expanded beyond providing financial support to infrastructure projects such as roads and dams sponsored by its member states to include funding for social infrastructure, such as primary health and education facilities, funding policy reforms, making debt and equity investments in private corporations in member states and providing a broad range of advisory services to its member states. The chapter examines the structural and operational changes that the World Bank has undergone and their international legal implications.
The Evolution of the International Monetary Fund
Authors: Bradlow Daniel D 
Published: August 2024

Abstract
Chapter 6 details how the International Monetary Fund (IMF) has changed substantially since its establishment in 1944. The most noteworthy development in its history occurred in 1971 when the par value system of fixed but flexible exchange rates that was agreed at the Bretton Woods Conference came to an end. It caused the IMF to make significant adaptations in its functions and set in motion an ongoing process of expansion and evolution in the IMF’s operations. The chapter begins by describing some legal issues arising from the IMF’s original design. It then focuses on the legal issues relating to the operations of the IMF during the period in which most IMF member states complied with the requirements of the par value system. Finally, the chapter looks at the legal issues arising from developments in the IMF’s functions and operating practices since the end of this system.
The Other International Financial Institutions
Authors: Bradlow Daniel D 
Published: August 2024

Abstract
Chapter 7 assesses the other international financial institutions and some of the international legal issues that they raise. In the years following the establishment of the World Bank Group (WBG) and the International Monetary Fund (IMF), states have created a number of other IFIs. These have all been ‘sub-universal’ in the sense that they are only intended to provide benefits to a specifically designated groups of states. These groups are characterized either by geography or some other salient factor. The majority of these entities, like the WBG, are multilateral development financing institutions but there are a few entities that, like the IMF, have an international financial stability and monetary mandate. Some of the later IFIs have sought to improve on the examples of the Bretton Woods institutions. In particular, they have sought to be more responsive to the needs of those member states that actually use their services and to be more inclusive in their governance arrangements.
Background on International Investment Law and Intellectual Property
Authors: Gibson Klopschinski 
Published: August 2024

Abstract
This chapter presents a background on international investment law and intellectual property (IP) rights, reviewing pertinent legal, economic, and political developments in these fields, and how they relate to the broader public international law context. It considers IP as a form of intangible property right and identifies the principal forms of IP: patent, trademark, copyright, and trade secret. The single most important multilateral IP treaty is the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The chapter then looks at the increasing importance of intellectual property rights in foreign direct investment (FDI), as well as the increasing use and exploitation of IP rights through registrations of patents and trademarks. It also investigates the possibility of relying on international IP treaties in IP-related investor–state dispute settlement (ISDS) cases.
Outlook
Authors: Klopschinski Simon , Gibson Christopher S , Grosse Ruse-Khan Henning 
Published: August 2024

Abstract
This concluding chapter reflects on, in form of an outlook, the future of IP-related investment claims in front of investor–state dispute settlement (ISDS) tribunals, as well as the IP–investment interface more broadly. It does so by first looking at developments in international investment and intellectual property (IP) law in general, and, secondly, at the specific issues that arise with regard to the protection of IP-related investments. Right holders have a range of options to ‘re-package’ investment protections to capture actions by private parties using their IP. Because the procedural protections available to investors often include ISDS, IP-owning investors can proactively engage in such re-packaging exercises. With this potential in mind, a lot will depend on how broad or narrow ISDS tribunals construe notions such as fair and equitable treatment (FET), full protection and security (FPS), or (judicial) expropriation. Another important determinant for the future of investment protection for IP rights is the existence of alternative avenues for taking action against host state interventions involving intellectual property rights.
Introduction
Authors: Upcher James 
Published: August 2024

Abstract
This Introduction provides an overview of the law of neutrality. The law of neutrality governs the relationship between States which are engaged in hostilities and those States which are not engaged in hostilities—between belligerents and neutrals, to use the traditional terminology. It strikes many today as outmoded and obsolete, of a different era of international law. Yet it would be unrealistic to say that neutrality—or, at least, non-participation in hostilities by non-belligerent States—has disappeared entirely. Neutrality may be used to denote a course of foreign policy as well as a legal status. The Introduction then considers permanent neutrality and neutralization, as well as the doctrine of recognition of belligerency. A permanently neutral State is forbidden from entering into alliances or treaties of guarantee that may involve it in war not involving defence of its own territory. Meanwhile, the doctrine of recognition of belligerency was the means by which the law of neutrality was applicable to non-international conflicts.
Neutrality and the UN Charter
Authors: Upcher James 
Published: August 2024

Abstract
This chapter assesses how the neutral rights and duties are modified when the UN Security Council takes action under Chapter VII of the UN Charter. The procedure of Chapter VII suggests that States are released from their obligations of neutrality upon the Security Council identifying the State responsible for a threat or breach of the peace, or an act of aggression, under Article 39 of the Charter, or proceeding further through the suite of options of Chapter VII. The imposition of sanctions under Article 41 during a situation in which neutrality is applicable, or becomes applicable, obligates States to adhere to the obligations of the Charter rather than the law of neutrality. With regard to the use of military force authorized by the Security Council, somewhat paradoxically, the increasing flexibility of the Security Council’s decision-making practices has led to a greater tolerance for positions of abstention from UN Security Council action. However, just because the Security Council cannot compel military participation in UN-authorized action does not mean that neutral duties are completely unaffected by Security Council military enforcement action.
Definitions and Scope (Article I Sections 1–2 Specialized Agencies Convention)
Authors: Pavoni Riccardo 
Published: August 2024

Abstract
This chapter discusses the two sections that make up Article I of the Specialized Agencies Convention, entitled ‘Definitions and Scope’. Section 1 provides seven definitions of key expressions found in the operative clauses of the Convention. Section 2 clarifies that the scope, extent, and substance of the obligations laid down by the Convention are not unlimited or identical for all parties; that scope and substance is bound to vary ratione materiae and ratione personae. Indeed, the various privileges and immunities recognized by the Convention are subject to the modifications that may be included in the individual annexes of the Specialized Agencies. The remainder of the chapter covers the drafting history of the provision, and the key elements of Sections 1 and 2.
Juridical Personality (Article II Section 3 Specialized Agencies Convention)
Authors: Blokker Niels 
Published: August 2024

Abstract
This chapter discusses Article II Section 3 of the Specialized Agencies Convention, which deals with the legal status of the Specialized Agencies in the national legal order. Its substance is — mutatis mutandis — exactly the same as Art. I Section 1 of the General Convention. It gives specialized agencies the capacity to contract, to acquire and dispose of immovable and movable property, to institute legal proceedings. The Specialized Agencies Convention allows the specialized agencies to add modifications to its provisions, to be attached as ‘Annexes’ to the Convention. None of these Annexes include any modification of Art. II Section 3 Specialized Agencies Convention for any of the Specialized Agencies.
Immunity of Property, Funds, and Assets (Article II Section 2 General Convention)
Authors: Reinisch August 
Published: August 2024

Abstract
This chapter discusses Article II Section 2 of the General Convention, the central provision dealing with the organization's immunity from legal process. The term legal process comprises both jurisdictional immunity and immunity from execution or enforcement measures. By providing for ‘immunity from every form of legal process’, such wording suggests that the UN and its assets enjoy immunity from jurisdiction and execution in all cases, amounting to absolute immunity. This has been the traditional understanding in scholarly writings, judicial practice, as well as the practice of the organization itself and it is still widely shared. In general, the jurisdictional immunity of the UN is recognized in most instances where legal action was brought against the UN in national courts. Apparently, no considerable practice of waivers of immunity on the part of the UN exists.
Facilities in Respect of Communications (Article III Sections 9–10 General Convention)
Authors: Bachmayer Peter 
Published: August 2024

Abstract
This chapter discusses Article III Sections 9–10 of the General Convention. Section 9 bestows upon the UN the privilege of a most-favoured treatment for its official communications within the territory of each State party in regard of priorities, rates (including press rates) and taxes. The relevant benchmark is the treatment afforded to other governments including their diplomatic missions. Additionally, Section 9 stipulates that the organization's official correspondence and communication must not be subjected to censorship. Section 10, on the other hand, grants the UN the right to code its correspondence and to use couriers or designated bags for transportation which enjoy the same privileges and immunities regime as diplomatic couriers and bags.
Annex XVIII—United Nations World Tourism Organization (UNWTO)
Authors: Pellet Alain 
Published: August 2024

Abstract
This chapter discusses Annex XVIII of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the United Nations World Tourism Organization (UNWTO). The Annex entered into force on 30 July 2008 as Annex XVIII to the Convention. As of December 2014, there are only nine participants. The chapter compares the text of draft Annex XVIII initially prepared by the UNWTO Legal Adviser in 2004, the draft as revised by the Office of the UN Legal Adviser in 2005, and the text of Annex XVIII as finally adopted in 2008. It identifies the main issues which made the adoption process rather long and strenuous. They are related to the marked peculiarities of the Organisation, in particular its mixed membership.
Marine Scientific Research
Authors: Mossop Joanna 
Published: August 2024

AbstractThis chapter addresses marine scientific research on the continental shelf beyond 200 nm. Two issues arise for coastal States in exercising their jurisdiction over marine scientific research on the extended continental shelf. First, given that the vessels conducting research above the extended continental shelf will be in the high seas, rather than the exclusive economic zone (EEZ), there is a need to clarify how States distinguish between research in the high seas and research ‘on’ the continental shelf. Secondly, article 246(6) of the Law of the Sea Convention (LOSC) creates a particular limitation on coastal State rights to refuse consent for marine scientific research on the extended continental shelf. The chapter discusses how States might interpret this provision and apply it when coastal States want to protect living resources rather than non-living resources.
Conclusions
Authors: Brammertz Baron Serge , Jarvis Michelle 
Published: August 2024

Abstract
This concluding chapter envisions a more global and integrated approach to addressing conflict-related sexual violence in the future. It explores three themes from the book concerning the intersection between the work by the Office of the Prosecutor (OTP) on conflict-related sexual violence and that being done by others: the intersection between prosecuting and preventing conflict-related sexual violence and other gender-related harm, the intersection between prosecuting and documenting conflict-related sexual violence and other gender-related harm, and the intersection between prosecuting sexual violence crimes at the national and international levels around the world. The chapter looks at how the OTP’s work intersects in meaningful ways with work now being done by many other actors as well as the considerable scope for multi-faceted collaboration, concluding that forums for facilitating dialogue and experience sharing between these various actors, and for promoting more comprehensive solutions to gender-related conflict issues, should be a priority.
Scope
of the Convention (Article 1)
Authors: Arcari Maurizio 
Published: August 2024

Abstract
This chapter provides an overview of the scope of the UN Watercourses Convention as stated in Article 1. It first discusses the preparatory works leading to the adoption of the Convention before considering the Convention’s scope and normative impact, focusing in particular on the ‘uses’ of watercourses, as referred to in paragraph 1 of Article 1; the implications of the words ‘protection, preservation and management’ appearing in the same paragraph; the scope and the rationale of the exclusions respectively provided for in paragraph 2 concerning navigation and in the statement of understanding concerning living resources. The chapter then considers Article 1’s relations with other articles of the Convention and concludes with a critical assessment of its impact for grasping the scope and the significance of the Convention.
Protection and Preservation of Freshwater Ecosystems
(Articles 20–23)
Authors: McIntyre Owen 
Published: August 2024

Abstract
This chapter focuses on Articles 20–23, which are concerned with protection and preservation of freshwater ecosystems of international watercourses. Articles 20–23 deal with, respectively: the protection and preservation of ecosystems; the prevention, reduction, and control of pollution; the introduction of alien or new species; and the protection and preservation of the marine environment. The chapter first reviews the travaux préparatoires of the International Law Commission (ILC) before discussing the customary status and normative impact of the obligations contained in Articles 20–23 as well as their relations with other articles of the UN Watercourses Convention. It concludes with a critical assessment of the general principles of Articles 20–23, emphasizing the importance of benefit-sharing arrangements among watercourse States.
Overview of Contentious Proceedings
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter provides an overview of contentious proceedings. It specifically lays out the procedure’s governing texts and terminology and definitions, as well as other concepts, such as the submissions of a party and the rule ne ultra petita , and the costs and financial support the Court receives. The procedure of the Court is regulated primarily by its Statute, specifically Chapter III (articles 39 to 64), and as regards advisory proceedings Chapter IV, articles 65 to 68. These texts provide the procedure to be followed by States bringing and conducting cases, and the procedure to be followed by the Court itself, in conducting hearings, directing the proceedings, and deliberating. The Statute however provides, in Article 30, that the Court has power to make rules ‘for carrying out its functions’, including rules of procedure, and in practice the provisions of these are at least equally important.
Form, Content, and Preparation of Decisions
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter details the form, content, and preparations of Court decisions. The decisions discussed therein may be judgments or advisory opinions; although in many respects, as regards their form and the process of their preparation, these do not differ. The Court also embodies its decisions for certain purposes in what are termed ‘Orders’: for the most part these are directed to comparatively minor matters, such as the fixing and prolongation of time-limits, although it also applies to a few special cases as is further elaborated. The chapter then proceeds to examine the theoretical concept of non liquet , the name given to a decision not to decide, before turning to a discussion on the deliberations of the Court and the drafting of a decision. Finally, the chapter presents some stipulations on the adoption of a decision by voting.
Provisional Measures
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter looks at provisional measures. Provisional measures in international judicial proceedings are indications, by the court seised of the matter, of action to be taken, or not to be taken, by one or both of the parties during the period leading up to the decision. Their precise justification in International Court of Justice (ICJ) jurisprudence are examined further in this chapter. Their purpose, however, may be said to be to prevent one party pre-empting the settlement of the dispute by unilateral action, thus rendering the eventual judgment ineffective; or, more broadly, to prevent unilateral action that might make it more difficult to achieve a settlement. The French term ‘ mesures conservatoires ’ conveys this meaning better than the English term ‘provisional’; and the expression, formerly used in the English text of the Rules of Court, ‘interim protection’ (1946 Rules, Article 61) was, from this viewpoint, also perhaps more appropriate.
Preliminary Objections
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter describes the functions of preliminary objections. A preliminary objection is a formal step by which a respondent raises a question which it contends should be dealt with separately, before any other issue in the proceedings is examined. This is usually, perhaps indeed necessarily, on the basis that that question is preliminary in nature; and that as a result, its resolution (in the sense contended for by the party raising it) will make examination of the rest of the case unnecessary and inappropriate. These objections are a procedural means of challenging the existence of the Court’s jurisdiction in a particular case. Jurisdictional issues are however not the only matters which may be the subject of such objections: two other categories are generally recognized: objections to admissibility, and a catch-all category of ‘objections of a preliminary character’.