bluuebunny/crossref_metadata_2025_split huggingface dataset:
Derogations for specific situations
Authors: Kamara Irene 
Published: June 2024

Abstract
This chapter refers to competent authorities transferring personal data to third countries or international organisations that may consider relying on Article 38 LED in the absence of an adequacy decision. The legal basis of Article 38 LED aims at striking a balance between privacy considerations and the operational needs of competent authorities. The use of Article 38 LED is meant for exceptional cases and low risk transfers, which are not systematic. The chapter examines the Explanatory Memorandum to the L aw Enforcement Directive (LED) Proposal provides that the Article 38 LED legal basis for data transfers is based on Article 26 DPD and Article 13 FD. It describes Member States that have transposed verbatim Article 38 LED in their national transposition laws and others that have integrated Article 38 LED in several provisions in the national legislation or merged grounds.
Transfers of personal data to recipients established in third countries
Authors: Marquenie Thomas 
Published: June 2024

Abstract
This chapter focuses on Article 39 LED, which establishes a novel framework for the exceptional exchange of personal data with non-competent authorities in third countries in order to avoid the risks associated with a self-regulatory approach. Article 39 LED intends to address the legal uncertainty surrounding such emergency transfers and further safeguard European human rights beyond its borders. It also explains that Article 39 LED establishes minimum standards and conditions for Member States that allow their competent authorities to engage in these anomalous and extraordinary transfers. The chapter cites Article 14 FD that laid the basis for these exchanges at the EU level and served as a direct inspiration for Article 39 LED. The operability of Article 39 LED might be hampered by the absence of stipulations regarding a legal basis.
International cooperation for the protection of personal data
Authors: Gerritsen Joost 
Published: June 2024

Abstract
This chapter covers Article 40 LED, which is the final provision of Chapter V LED. Article 40 LED empowers the European Commission (EC) and Member States to develop international cooperation mechanisms to facilitate the enforcement of data. It explains that Article 40 focuses on the relation between the EU on the one hand and third countries and international organisations on the other. The rationale of Article 40 LED signals a need to promote closer cooperation among data protection supervisory authorities and enables them to help exchange information with their foreign counterparts. The chapter reviews the EC’s and the Member States’ mission formulated by Article 40 LED that take certain appropriate steps in relation to third countries and international organisations.
Representation of data subjects
Authors: Vavoula Niovi 
Published: June 2024

Abstract
This chapter focuses on Article 55 of the EU Law Enforcement Directive (LED), which revolves around the representation of data subjects. It discusses the legal background and analysis of its contents and mandates in line with Article 55 LED. The right to representation aims to reinforce and facilitate the exercise of individual rights enjoyed by data subjects by enabling people to mandate a not-for-profit body, organisation, or association to act on their behalf. Additionally, Article 55 LED forms part of the tendency to develop the representative actions brought by entities to protect general or collective interests. However, the provision only covers certain possible dimensions of the right to representation.
Committee procedure
Authors: Tosoni Luca 
Published: June 2024

Abstract
This chapter discusses the committee procedures within Article 58 of the EU Law Enforcement Directive (LED). The LED contains several provisions which confer on the EC implementing powers in accordance with Article 291 of the Treaty on the Functioning of the European Union (TFEU). The chapter then elaborates on how to ensure uniform conditions for the implementation of the Directive with regard to the adequate level of protection afforded by a third country, territory, or specified sector in a third country, or an international organisation. The provision within Article 58 LED aims to specify which control mechanisms apply by referring to the procedural requirements of the Comitology Regulation. The chapter also details the procedure for adopting implementing acts.
Relationship with previously concluded international agreements in the field of judicial cooperation in criminal matters and police cooperation
Authors: Mościbroda Anna 
Published: June 2024

Abstract
This chapter covers Article 61 of the EU Law Enforcement Directive (LED). It cites the similarity between the grandfathering clause and the rationale for a clause safeguarding the validity of the Member States’ international agreement. The grandfathering clause of Article 61 LED aims to ensure legal certainty and secure the continuity of data transfers under such agreements. Additionally, Article 61 LED correlates to international agreements involving the transfer of personal data to third countries or international organisations. The chapter explains that the provision also ensures that Member States' international agreements in compliance with requirements will remain in force after the LED's entry into force.
Addressees
Authors: Kosta Eleni 
Published: June 2024

Abstract
This chapter examines the legal background and analysis of Article 65 of the EU Law Enforcement Directive (LED). It explains that, in Article 65 LED, the LED is addressed to the Member States, which is a standard clause in directives. However, since Brexit, the UK is not any more an addressee, although still a lot of the provisions of the LED are valid in the UK legal order. Moreover, Article 65 LED needs to be read in conjunction with Article 63 LED which establishes the rules for the transposition of the LED. The chapter cites that the specification of the addressees signifies the last Article of the LED.
Background and evolution of the LED
Authors: Quintel Teresa , Kosta Eleni 
Published: June 2024

Abstract
This chapter presents the background and evolution of the EU Law Enforcement Directive (LED). It begins by looking at data protection rules in the law enforcement context, as well as in the area of Justice and Home Affairs. The chapter then considers the adoption of the Framework Decision 2008/977/JHA, which led to a fragmentation of EU and Member State data protection rules in law enforcement. It also describes how the Lisbon Treaty redefined the fundamental rights architecture in the EU and included specific provisions for the protection of personal data. Finally, the chapter traces the legislative history of the LED. Ultimately, the reform of the data protection framework in the EU resulted in a two-layered system: The General Data Protection Regulation (GDPR) was adopted as the main legal instrument laying down the rules for ‘general’ processing and the LED applies to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection, or prosecution of criminal offences or the execution of criminal penalties.
Diplomacy—A Short History
Authors: Roberts Ivor 
Published: June 2024

Abstract
This chapter provides an overview of the history of diplomacy. It defines diplomacy as the application of intelligence and tact to the conduct of official relations between independent State governments and between governments within international institutions. According to Duc de Broglie, diplomacy is the best means devised by civilization for preventing international relations from being governed by force alone. The chapter then elaborates on the importance of respecting human rights in diplomacy, which was enhanced following the establishment of war crimes tribunals. It considers the core values and purposes of today's diplomacy involving various key concepts like social media, climate change, and globalization.
Formal Aspects of Diplomatic Relations
Authors: Roberts Ivor 
Published: June 2024

Abstract
This chapter focuses on the formal aspects of diplomatic relations. It details the precedence among heads of State and States, which considers the assumption that the papacy's precedence above other potentates next to the Emperor. Nowadays, no formal precedence is recognized among nations, so precedence among heads of diplomatic missions is determined by the date of their taking up their functions. Meanwhile, the United Nations have orders of precedence between delegates and officials and between member countries. The chapter discusses the selections of heads of mission and the utilization of Full Power, which is a special authorization from the head of the State they represent.
Immunities of the State, Its Agencies, the Head of State, and State Officials
Authors: Foakes Joanne 
Published: June 2024

Abstract
This chapter expounds on the immunities of the state and its corresponding agencies, head of state, and state officials. It defines state immunity as a principle of customary international law that derives from the principle of sovereign equality and independence of States. The 2004 UN Convention consolidates the restrictive approach to state immunity with regard to the exercise of civil jurisdiction by the national courts of States. The chapter also looks into the immunity from criminal jurisdiction and civil jurisdiction. Moreover, the Convention clarifies that the rules of customary international law will continue to govern matters which are not regulated by the Convention itself.
Theory and Practice of Multilateral Diplomacy
Authors: Parry Emyr Jones 
Published: June 2024

Abstract
This chapter provides an overview of the theory and practice of multilateral diplomacy. It expounds on the history of multilateralism's evolution, referring to how States sought to protect their interests by insisting on unanimity for decisions as is the case for major foreign policy decisions in the European Union. The multilateral approach became increasingly common among formal organizations within the UN system as regional and global efforts grew to address issues concerning many countries. Over the years, the architecture of multilateralism has become more varied and comprehensive that an element of governance emerged. Multilateralism in the twentieth century provided institutionalized collective action to deal with security threats, development, and human rights.
The United Nations II—Specialized Agencies, Funds and Programmes, Regional Commissions, and Special Bodies
Authors: Parry Emyr Jones 
Published: June 2024

Abstract
This chapter tackles the United Nations' provisions concerning specialized agencies, funds and programmes, regional commissions, and special bodies. Even though specialized agencies are not part of the United Nations, they are still considered part of the UN family due to their relationship agreements with the United Nations. Moreover, Funds and Programmes are usually set up by decisions of the General Assembly or the Economic and Social Council. The chapter then details the purpose of several specialized agencies, such as the United Nations Children's Fund, and the United Nations High Commissioner for Refugees. It also considers the role of the Office for the Coordination of Humanitarian Affairs in coordinating the delivery of humanitarian assistance.
Secret or Back-channel Diplomacy, Secret Intelligence, and Religious and Other Unconventional Diplomatic Actors
Authors: Roberts Ivor 
Published: June 2024

Abstract
This chapter explores the notion of secret or back-channel diplomacy, secret intelligence, religious and other unconventional diplomatic actors. It details the distinction between secret intelligence and back-channel diplomacy. Secrecy has the advantage of speed very often over conventional procedure and is sometimes essential where disclosure of ongoing negotiations could have an impact on financial markets. On the other hand, religious diplomacy stands at the other end of the spectrum of unconventional diplomacy due to their spiritual and humanitarian concerns and activity in international relations for many years. The chapter then considers security consultancies and global or multinational corporations as diplomatic actors.
Treaties and Other International Instruments II—Treaty, Convention, Agreement, Protocol
Authors: Berman Frank , Bjorge Eirik 
Published: June 2024

Abstract
This chapter covers the most common types of treaty instruments. It explains that many of the most significant international agreements carry the title treaty, which covers all formal instruments of the agreement by which two or more States establish or seek to establish a relationship under international law between themselves, according to the Vienna Convention. Generally, the designation ‘treaty’ is reserved for international agreements of a particularly significant character, like treaties of political importance, peace or alliance. Meanwhile, the designation ‘convention’ tends to be utilized for multilateral treaties of a law-making type. The chapter also elaborates on the designations of agreement and protocol.
Treaties and Other International Instruments IV—Ratification, Accession, Acceptance and Approval, Treaty Succession
Authors: Berman Frank , Bjorge Eirik 
Published: June 2024

Abstract
This chapter considers the key concepts of treaties and other international instruments. It explains how the treaty becomes binding through the expression by the parties of their consent to be bound. Nowadays, a very great majority of multilateral treaties and some bilateral treaties are signed subject to ratification or some other process of subsequent confirmation. The chapter elaborates on the key concepts and definition of ratification, accession, acceptance, approval, and treaty succession. It cites the growing importance of treaty success over the recent decades whenever a change takes place in the international status of a particular territory, while also referencing the Vienna Convention on the Law of Treaties and the 1978 Succession Convention.
Engagement of Chinese Courts with International Law
Authors: Ruijun Dai 
Published: June 2024

Abstract
Despite the lack of clear constitutional framework concerning the status of international treaties in the Chinese legal order, a number of Chinese laws stipulate to varying degrees the possibility of applying international treaties domestically. These laws provide a strong basis for Chinese courts to engage with international law. Additionally, judicial interpretations formulated by the Supreme People’s Court give concrete guidance to courts to use international treaties in judicial practice. Generally speaking, the practice of Chinese courts appears to be mostly one of alignment with international treaties. In certain circumstances, a treaty may override conflicting domestic law. Courts also take into consideration treaties in the construction of consubstantial domestic norms. This general alignment posture notwithstanding, Chinese courts occasionally engage in avoidance strategies especially in dealing with human rights treaties. Overall, clear constitutional foundation is needed for more extensive engagement of Chinese court with international law.
Engagement of Domestic Courts with International Humanitarian Law
Authors: Weill Sharon 
Published: June 2024

Abstract
The chapter examines how domestic courts engage with international humanitarian law (IHL), providing examples of the strategies used, while attempting to depict these choices through a political lens. Domestic courts may misuse or distort the law in order to legitimize an illegal action of the State. They may avoid exercising jurisdiction over a case. Domestic courts may defer their decision back to the political branches of government. They may normatively apply the law, having a (limited) margin of appreciation while interpreting the law. Domestic courts may attempt to harmonize their own (contradicting) domestic law with international law, in cases where they are not mandated to do so. They can develop the law and reach judgments that go beyond the positive requirements of IHL. Engagement of domestic judges with IHL is politically sensitive and depends on courts’ institutional position within their governance structure, which has attributed them with a political role.
How Treaties Are Made
Authors: Gardiner Richard 
Published: June 2024

Abstract
This chapter describes how treaties are negotiated, how their text is adopted and authenticated, and how a treaty is concluded. It outlines the procedures used in negotiations and the establishment of a treaty text which may be authentic in different languages. Also explained are the means by which states consent to become bound by treaties. The often misunderstood key stages of signature and ratification are the principal ways by which this is achieved. The chapter also explains the functions of a treaty depositary which is of importance to lawyers who need to have and understand information relating to a treaty such as which states have consented to be bound by a treaty, what reservations they may have formulated, whether and when a treaty has come into force, and other pertinent information.
Bringing Treaties Home
Authors: Gardiner Richard 
Published: June 2024

Abstract
This chapter concerns the effects which treaties may have in national legal systems. While some treaties affect only the international relations of their parties, more and more are implemented in whole or in part within national legal systems. Some treaties have obvious and significant effects for individuals. Others are shown here as providing substance and content for laws on specific matters, a particular example being where there are international standards whether it be a common definition of a crime, safety requirements for products and activities, etc. The differing mechanisms within national legal systems are described here. Whether the treaty text is incorporated directly into national law or is transformed by legislation, lawyers now need to be aware of the legislative, administrative, and adjudicatory methods of effecting and supervising implementation of treaties.
Treaties at the Heart of International Law
Authors: Gardiner Richard 
Published: June 2024

Abstract
This chapter shows how all modern international law in specialist areas is found in or based on treaties. Traditional subjects, such as the law of the sea, have been substantially codified in treaties and, even where the actual substance of the applicable rules are not set out in a treaty, international organizations have by treaty been given extensive capacity to draw up and implement regulations to apply in their areas of competence. Areas of international law that are considered here include: war and peace; statehood, state immunity, and diplomatic relations; codification of international law; the law of spaces (sea, air, and outer space); rights and duties of individuals (consular law, human rights, investment law, international criminal law); and private international law as harmonized by treaties.
Introduction
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter introduces the concept, history, and negotiation of the Anti-Personnel Mine Ban Convention. The treaty rules are not yet customary due to the absence of several major military powers from membership of the Anti-Personnel Mine Ban Convention, in particular China, India, Pakistan, the Russian Federation, and the United States. According to historians, the work involved in tunnelling through to the weakest part of a castle’s fortifications was highly dangerous to the miners. The chapter also considers anti-personnel mines’ clear military utility, referencing the defence review of South Africa in 1997. It notes the most widespread use of anti-personnel mines in low-intensity non-international armed conflict following the Second World War.
General Obligations
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter provides an overview of the general obligations of the Anti-Personnel Mine Ban Convention as indicated in Article 1. It elaborates the provision as a package of core prohibitions (production, stockpiling, transfer, and use) that bind every State Party at all times and in all circumstances. Moreover, Article 1 prohibits aiding or abetting any other State or armed group, corporation, or individual to engage in any of the prohibited activities. The chapter considers the use of anti-personnel mines as a war crime, referencing the First Austrian Draft Treaty Text of the Anti-Personnel Mine Ban Convention. Additionally, Article 1 indicated the duty to destroy stockpiled and emplaced anti-personnel mines.
National Implementation Measures
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter discusses the Anti-Personnel Mine Ban Convention’s Article 9 which features national implementation measures. It explains how the provision contains the obligation to adopt measures to ‘prevent and suppress’ any activity prohibited by a State Party under the Convention. However, the scope of the obligation is limited to instances when the illegal act is perpetrated by persons or on territory under a State Party’s jurisdiction or control. The chapter looks into the material jurisdiction, personal and geographical jurisdiction, legal measures, appropriate measures, and administrative measures of Article 9. It also considers how States Parties complied with Article 9’s obligation.
Settlement of Disputes
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter covers how to settle disputes in accordance with Article 10 of the Anti-Personnel Mine Ban Convention. It cites that the peaceful settlement of disputes is a fundamental principle and a customary rule of international law. Moreover, the provision obligates the States Parties to consult and cooperate with each other to settle any dispute, while explicitly providing for a potential role for the Meeting of States Parties. The application of Article 10 primarily revolves around the existence of a dispute that concerns the correct legal interpretation or successful application of the Convention’s provision. The chapter also considers the interrelationship between the Convention’s Article 10 and Article 8.
Global Health Diplomacy
Authors: Burci Gian Luca , Kümmel Björn 
Published: June 2024

Abstract
This chapter, “Global Health Diplomacy,” introduces the diplomatic process of developing global health law and policy. Although an increasing range of health issues transcend national boundaries and require action on a global scale, global health has only recently become a subject of international affairs and multilateral diplomacy. There are many factors that influence international cooperation—in particular within the framework of international institutions—and negotiations on a range of topics that directly or indirectly influence global health. As global health diplomacy shifts beyond government health officials and is increasingly influenced by government officials representing other sectors (environment, security, economy) as well as non-state actors (non-governmental organizations, scientists, media, and the private sector), it has become multisectoral and multi-stakeholder, with new actors, issues, and norms framing multilevel negotiations. Global health diplomacy has come to represent the system of communication, negotiation, organization, and coordination processes that bring state and non-state actors together to shape global health governance. However, with an increasing number of actors and interests engaging in global health diplomacy, coordination in the development of global health law and policy presents challenges, especially in long-term initiatives to address underlying determinants of health.