bluuebunny/crossref_metadata_2025_split huggingface dataset:
Depositary functions/Fonctions du dépositaire
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 9 of Protocol 6 to the European Convention on Human Rights, which sets out the depositary functions of the Secretary General of the Council of Europe. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right of appeal in criminal matters/Droit à un double degré de juridiction en matière pénale
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 2 of Protocol 7 to the European Convention on Human Rights, which deals with the right of appeal in criminal matters. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Compensation for wrongful conviction/Droit d’indemnisation en cas d’erreur judiciaire
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 3 of Protocol 7 to the European Convention on Human Rights, which deals with the right to compensation for wrongful conviction. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Equality between spouses/Egalité entre époux
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 5 of Protocol 7 to the European Convention on Human Rights, which recognizes the equal rights of spouses. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Territorial application/Application territoriale
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 6 of Protocol 7 to the European Convention on Human Rights, which deals with the territorial application of the Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Signature and ratification/Signature et ratification
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 8 of Protocol 7 to the European Convention on Human Rights, which deals with the signature and ratification of this Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Preamble/Préambule
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents the Preamble of Protocol 12 to the European Convention on Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; and discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights.
Preamble/Préambule
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents the Preamble of Protocol 13 to the European Convention on Human Rights. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
The Committee of Ministers
Authors: Palmer Simon 
Published: August 2024

Abstract
This chapter provides an overview of the Committee of Ministers (CM), its composition, and its tasks and obligations. The CM is vested with the competence to write law and to establish and manage the legal, administrative, and budgetary framework of the Council. It is a forum of multilateral diplomacy with the responsibility of directing an altruistic process of historic dimensions. The CM’s essential tasks are those set out in Articles 15 and 16 Council of Europe (CoE) Statute, i.e., to ‘consider the action required to further the aim of the Council of Europe, including the conclusion of conventions or agreements and the adoption by governments of a common policy with regard to particular matters’ and to ‘decide with binding effect all matters relating to the internal organisation and arrangements of the Council of Europe. For this purpose the Committee of Ministers shall adopt such financial and administrative arrangements as may be necessary’.
Constitutional Standard-setting and Strengthening of New Democracies
Authors: Grabenwarter Christoph 
Published: August 2024

Abstract
This chapter deals with the Venice Commission as an instrument for constitutional standard setting and the strengthening of new democracies. The Venice Commission is the Council of Europe’s (CoE’s) advisory body on constitutional matters. Its role is to provide legal advice to its Member States, to other CoE bodies and international organisations, and, in particular, to help States wishing to bring their legal and institutional structures in line with European standards and international experience in the fields of democracy, human rights, and the rule of law. The chapter first offers some general information on the origin, composition, and working methods of the Commission. It then exemplifies the Commission’s major fields of activities. Finally, the impact of the Venice Commission’s work is discussed.
Rights, Powers, and Obligations of Neutral Powers under the Conventions
Authors: Sandoz Yves 
Published: August 2024

Abstract
This chapter first examines the different meanings of the notion of neutrality: neutrality as a basic principle of international humanitarian law; neutrality as a fundamental principle of the International Red Cross and Red Crescent Movement; and ‘neutrality’ as a status of states not parties to an international armed conflict. It then discusses the rights and duties of neutral states; different roles for a neutral state under the Geneva Conventions; and applicability of the law of neutrality in non-international armed conflicts (NIACs) and the ‘war on terror’.
Non-Renunciation of the Rights Provided by the Conventions
Authors: d'Argent Pierre 
Published: August 2024

Abstract
This chapter focuses on the common provision in Article 7/7/7/8 of the Geneva Conventions which states that, the persons respectively protected under each Convention ‘may in no circumstances renounce in part or in entirety the rights secured to them’ either by the four Conventions, or by more favourable special agreements which may be concluded by the belligerents. It discusses the legal meaning and scope, application, and conceptual importance of the provision, its relevance in non-international armed conflicts, and the legal consequences of a violation in terms of validity and responsibility.
Hospitals
Authors: Mikos-Skuza Elżbieta 
Published: August 2024

Abstract
This chapter deals with the special status of hospitals in the Geneva Conventions, covering the scope of protection of hospitals on land and hospital ships, the protection of hospitals in non-international armed conflicts, and legal consequences of violations of a hospital’s status. The legal status of hospitals as specially protected objects enforces the rule that the wounded, sick, and shipwrecked should be collected and cared for, shielded from attacks and the other effects of hostilities. The chapter concludes with a discussion of the rules in the Geneva Conventions that confirm and develop this principle, rules that are outdated and useless, and controversial rules that require further clarification through international practice.
Humanitarian Assistance
Authors: Lattanzi Flavia 
Published: August 2024

Abstract
This chapter begins by presenting the notion of humanitarian assistance and its international legal history. The analysis of the relevant provisions of the Geneva Conventions and the Additional Protocols is then conducted with respect to the following subjects: beneficiaries and actors of relief activities, consent requirement, free passage obligation, other specific relief obligations of the parties to an international armed conflict. These provisions are interpreted in light of customary international rules such as the prohibition of starvation that, in the author’s view, limits the effect of the consent requirement. The same approach is followed with respect to the relief rules applicable to situations of non-international armed conflict. The legal consequences of violations of relief rules conclude the chapter. In this context, particular relevance is given to international rules and practice on individual criminal responsibility.
Judicial Guarantees under Common Article 3
Authors: Doswald-Beck Louise 
Published: August 2024

Abstract
This chapter discusses provisions for judicial guarantees in the Geneva Conventions applicable in non-international armed conflicts. It focuses on the meaning and application of the Common Article 3 paragraph 1(1)(d), covering the nature of the court required to pronounce judgment, guarantees recognized as ‘indispensable’, other important judicial guarantees, and pre-trial judicial guarantees for detainees. The most important new developments since 1949 include the adoption of Article 6 of Additional Protocol II which provides further detail to Common Article 3, the recognition of such standards as customary, and the interpretation of identical norms by human rights treaty bodies. The legal consequences of a violation include both state responsibility and international crimes. The chapter highlights the particular difficulties of providing the same rights and duties on fair trial to rebel groups. It considers different scenarios and discusses possible alternatives.
Applicability of the Conventions by Means of Ad Hoc Agreements
Authors: Vierucci Luisa 
Published: August 2024

Abstract
According to Common Article 3 paragraph 3, the parties to a non-international armed conflict (NIAC), ‘should […] endeavour to bring into force, by means of special agreements, all or part of the other provisions of the […] Convention[s]’. The interest in concluding such agreements lies in the fact that, beyond the rules that are applicable between the parties via custom or treaty, they also become bound by ad hoc rules for the specific conflict the agreement covers. This chapter discusses the practice and content of the ad hoc agreements, legal status of the ad hoc agreements, and the legal consequences in case of a violation of the ad hoc agreements.
The Obligations to Respect, Protect, Collect, and Care for the Wounded, Sick, and Shipwrecked
Authors: Giacca Gilles 
Published: August 2024

Abstract
This chapter analyses the provisions under the Geneva Conventions to understand the obligations owed to wounded, sick, and shipwrecked combatants and civilians. The main legal issues discussed are: whether wounded, sick, and shipwrecked civilians are entitled to the same protection as combatants in international armed conflict (IAC); whether the required treatment of the shipwrecked differs from that afforded to the wounded and sick; whether the civilian population has any rights and obligations towards combatant or civilian wounded, sick, and shipwrecked; whether Common Article 3 provides comparable standards of protection to those detailed in IAC; whether civilians and relief societies in non-international armed conflicts (NIACs) are protected against penalties for offering assistance, similar to the way in which they are protected in IAC; and whether/how these obligations to respect, protect, collect, and care for apply to armed groups in NIAC.
The Status, Rights, and Obligations of Medical and Religious Personnel
Authors: Casey-Maslen Stuart 
Published: August 2024

Abstract
This chapter discusses the protection afforded to medical and religious personnel under the 1949 Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. The duty to respect and protect both military and civilian medical and religious personnel in all circumstances is applicable in international armed conflict (IAC) and non-international armed conflict (NIAC). The protection applies ‘at all times and in all places, both on the battlefield and behind the lines’, and whether such personnel are retained ‘only temporarily by the enemy or for a lengthy period’. Deliberate killing or wounding of military and civilian medical and religious personnel entitled to protection under IHL (i.e., not committing acts harmful to the enemy) would amount to a war crime.
Who is a Protected Civilian?
Authors: Salmón Elizabeth 
Published: August 2024

Abstract
This chapter discusses the protection of civilians during international armed conflicts (IACs) in Geneva Convention (GC) IV. GC IV contains two parallel regimes of protection. On the one hand, there are general rules for the protection of the civilian population set forth in Part II GC IV, such as respect for protected zones and hospitals, the protection of children under the age of 15, the provision of humanitarian assistance for certain beneficiaries, and facilitating family reunifications. On the other hand, in Part III, the Convention establishes a much more detailed and protective regime in favour of certain human groups, called ‘protected persons’.
Special Rules on Women
Authors: Quénivet Noëlle 
Published: August 2024

Abstract
This chapter discusses the protection afforded to women under the Geneva Conventions. It covers provisions for the protection of women, protection of specific categories of women, and protection of women detainees. Overall, the Conventions provide special protection for pregnant women, maternity cases, and mothers of children under the age of 7, and address the vulnerability of women to sexual violence in armed conflict. However, these provisions have been criticized for perpetuating stereotypical ideas of women as weak individuals whose ‘honour’ is defined by reference to male views on women, associating women with children, and failing to consider gender rather than sex as the distinguishing factor.
Special Rules on Children
Authors: Heintze Hans-Joachim , Lülf Charlotte 
Published: August 2024

Abstract
This chapter discusses rules governing the protection of children in the Geneva Conventions. It covers the legal definition of a child which is different in international humanitarian law and human rights law and therefore needs to be addressed in order to define the respective rights’ holders. Children constitute a vulnerable group and are entitled to special protection in international armed conflicts. Issues of the recruitment of child soldiers are discussed as well as the problems of direct and indirect participation of children in hostilities. The legal status of children detained and the treatment of children as POW is furthermore of relevance and is addressed separately. The chapter analyses also the established legal framework on the protection of children in non-international armed conflicts in comparison to the rules on international armed conflicts. The legal consequences of violations of the Geneva Conventions’ rules on child protection as well as the entitlement of international criminal law to deal with cases of child recruitment end this chapter on special rules on children.
The Geneva Conventions and the End of Occupation
Authors: Grignon Julia 
Published: August 2024

Abstract
This chapter examines provisions for the end of occupation in Geneva Convention (GC) IV. These include Article 6 paragraph 3, which states that the rules of GC IV cease to apply one year after the general close of military operations, but which also provides for a longer application of certain specific provisions in cases of occupation lasting more than one year; Article 47, which limits the effects of any agreement that might be concluded, e.g., in order to end an occupation, as illustrated by the Iraqi example of 2004; and Article 2 paragraph 2, which deals with the specific situation of occupation arising without any armed resistance from the opposing side. An analysis of Article 3 of Additional Protocol I is also provided, regarding its potential customary nature. The chapter finally considers a specific situation: the Gaza Strip after the ‘unilateral disengagement’ of the Israeli Army completed in September 2005.
Ship Management and Finance
Authors: Vella Ivan 
Published: August 2024

Abstract
This chapter analyses ship management and the finances of shipping activities. Ship management involves the care of one or more ships and their operations, usually in a commercial context. Accordingly, this means taking responsibility for these operations and various related matters including maintenance, equipment, manning, provisioning and supplies, insurance, the actual employment of the ships, and, where applicable, fulfilment of flag State and port State requirements. Traditionally, ship management functions were exercised by the owner (or operator) of a ship but nowadays almost every operator outsources specialist third parties. The chapter then examines ship finance, which is requested for the purchase of tonnage, for assistance towards capital projects relating to a ship, towards major repair work, and for any other specific purposes. Ship finance is usually provided by institutional lenders and other sources such as joint venture capital and initial public offerings (IPOs).
Law of Salvage
Authors: Bishop Archie 
Published: August 2024

Abstract
This chapter provides an introduction to international salvage law. It draws the definition of salvage from the former Queen’s Counsel Geoffrey Brice in his Maritime Law of Salvage, where he incorporated the four essential ingredients of salvage. Brice defined the right to salvage arising when a person, acting as a volunteer, preserves or contributes to preserving at sea any vessel, cargo, freight, or other recognized subject of salvage in danger. The chapter analyses each essential characteristic which are: to be a volunteer; to be successful; for the property salved to be a subject of salvage; and for there to be an element of danger. It also looks into some of the Articles of the Salvage Convention 1989 which expanded on the principle that a salvor is only rewarded if the salvage operation successfully rescues the ship or its cargo.
The International Convention for the Prevention of Pollution from Ships (MARPOL)
Authors: Fitzmaurice Malgosia 
Published: August 2024

Abstract
This chapter details the history and development of the International Convention on the Prevention of Pollution from Ships (MARPOL), and how it regulates ship-based marine pollution. Shipping contributes to a limited extent to marine pollution from human activities, in particular when compared to pollution from land-based sources (or even dumping). MARPOL’s regulatory regime is the reason why ship source pollution incidents since 1970 have been in decline, especially the so-called operational pollution vis-à-vis accidents. Credit should also be given to the International Maritime Organisation (IMO) for its dynamism in responding to the many challenges of the maritime industry, especially for forging consensus on many difficult issues confronting member States due to the diverging interest of the maritime industry’s stakeholders. The apparent success of MARPOL has been crucial in achieving IMO’s goal for safe, secure, and efficient shipping on clean oceans.
Regulation of Land-Based Marine Pollution
Authors: Tanaka Yoshifumi 
Published: August 2024

Abstract
This chapter explores the regulation of land-based pollution, which presents the most serious threat to marine ecology. Pollutants resulting from land-based activities include sewage, industrial discharges, and agricultural run-off. Major contaminants include plastic litter, nutrients, heavy metals, sediments, oil, and radioactive wastes. Some of the contaminants produce eutrophication and oxygen depletion, resulting in loss of marine life and biological diversity. Other substances are directly toxic to humans. In spite of these hazards the regulation of land-based marine pollution at the global level remains a weak one-in the sense that attempts to address land-based marine pollution have been made solely in the form of non-binding documents.
Regional Seas Programme
Authors: Maruma Mrema Elizabeth 
Published: August 2024

Abstract
This chapter reviews and assesses the role the United Nations Environment Programme (UNEP) has and continues to play in the development, administration, and management of a specific branch of international environmental law, namely, regional seas conventions and action plans forming part of the UNEP Regional Seas Programme and particularly, the ones administered by UNEP and/or where UNEP provides Secretariat functions. Development of the regional seas programme through the regional seas action plans, conventions, and protocols has been a priority programme of UNEP since it was established in 1974, as demonstrated through various UNEP governing council decisions taken over the years.
Principle 21
Authors: Langer Magnus Jesko 
Published: August 2024

Abstract
This chapter analyses the rationale, travaux préparatoires, conceptual scope, and normative and jurisprudential relevance of Principle 21 of the Rio Declaration. It addresses an important yet underexplored area of international environmental law, namely the initiatives to foster environmental education and awareness as well as to enhance the participatory channels offered to young people.