bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 19
Authors: Hannikainen Lauri 
Published: August 2024

Abstract
This chapter comments on Article 19 of the Framework Convention for the Protection of National Minorities (FCNM). Article 19 deals with the question of making limitations to, or derogations from, the FCNM. It links the Convention to other human rights instruments, bringing its interpretations in line with them. The purpose of this article is clear: only limitations, restrictions, and derogations of the provisions of the Convention having a legitimate source in other human rights instruments are permitted. The European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) has been given primacy, in this regard. Article 19 may be referred to occasionally in the comments of the monitoring organs of the Framework Convention. If a crisis were to emerge in a territory populated by a national minority; if the state in question resorted to limitations and/or derogations jeopardizing international standards; and if they were directed to members of this territorial minority in particular, it seems natural that the monitoring organs of the Framework Convention would intervene on their behalf, necessitating the use of Article 19.
Articles 24–26
Authors: Topidi Kyriaki 
Published: August 2024

Abstract
This chapter comments on Articles 24–26 of the Framework Convention for the Protection of National Minorities (FCNM). Articles 24–26 lay out the monitoring mechanism of the FCNM. More specifically, Article 24 designates the Committee of Ministers (CoM) as the competent body for monitoring the implementation by states parties of the Framework Convention. Article 26 however, states that the CoM is not the sole body that evaluates the adequacy of measures taken by a state party. It is assisted by an Advisory Committee (AC), which ensures monitoring efficiency. The monitoring procedure is completed under Article 25, requiring states parties to submit a report providing full information on legislative and other measures giving effect to the Framework Convention within one year of its entry into force for each state.
The International Convention on the Elimination of All Forms of Racial Discrimination
Authors: Thornberry Patrick 
Published: August 2024

AbstractThe Convention on the Elimination of All Forms of Racial Discrimination is the centrepiece of international efforts to address racial discrimination, defined in broad terms to include discrimination based on skin colour, descent, ethnic, and national origin. Victims of discrimination within the scope of the Convention include minorities, indigenous peoples, non-citizens, and caste or descent groups. Virtually all national societies are diverse in terms of ethnicity or ‘race’ and none is free from discrimination, making it one of the great issues of our time. Against the background of international human rights standards and mechanisms to counter racial and ethnic discrimination, this book provides the first comprehensive legal analysis of the provisions of the Convention on an article-by-article basis. The book addresses the place of the Convention within the broader framework of United Nation’s action against discrimination. The different chapters analyse and discuss broad topics of race, ethnicity, and international law, the genesis and drafting of the Convention, the aims and objectives of the Convention in light of its preamble, and principles of non-discrimination and equality. In particular, the book includes a critical appraisal of the contribution of the Convention to the eradication of racial discrimination. It also reflects on whether there is scope for modification of the substance or procedures of the Convention in light of challenges arising from enhanced transnational population movements, the intersection between discrimination on the ground of race and discrimination against religious communities, and the intersection of racial and gender-based discrimination.
Article 1
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter focuses on the definition of racial discrimination in paragraph 1 of Article 1. ‘Discrimination’ is a term that may be used in positive, neutral, or negative senses. The definition of discrimination in ICERD and elsewhere in international human rights is essentially negative: unjust or unfair discrimination against a persons or group/category of persons. The injustice or detriment associated with discrimination is calibrated in terms of ‘nullifying or impairing’ the recognition, etc., ‘on an equal footing’ of human rights. In order to find discrimination that affects individuals or groups under Article 1, it needs to be established that individuals or groups are subject to distinctions, etc. ‘based on’ race, colour, etc.
Article 1, Paragraphs 2 and 3
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter discusses the limitations on the reach of the definition in paragraphs 2 and 3 of Article I. It notes that the definition of discrimination in ICERD appears to be significantly narrowed by the two paragraphs, which, like Article 1(1), apply to the Convention as a whole. Taken at face value, the language of the two paragraphs appears to undermine the universalist ambition of a text. However, despite the apparent limitations placed by the text of the Convention on concern for non-citizens, there is little appreciable difference between their treatment and the treatment of other groups by the Committee as victims of discrimination. Practice with respect to non-citizens encompasses all the rights listed or implied in the Convention.
Article 5
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter details the provisions for paragraphs (a) to (d) of Article 5. It reviews the article’s chapeau before turning to the minutiae of Article 5(a), which refers to the right to equal treatment before tribunals and all other organs administering justice. Next, paragraph (b) explores the right to security of the person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual, group or institution. Article 5(c) covers rights of political participation—in elections, government, public affairs, and public service. Finally, paragraph (d) details other civil rights, such as the right to freedom of movement and residence; international travel; nationality; marriage and choice of spouse; ownership of property; inheritance; freedom of thought, conscience, and religion; freedom of opinion and expression; and freedom of peaceful assembly and association.
Article 7
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter concerns the use of education in combating discrimination, as discussed in Article 7. The primary focus of Article 7 is on the aims and objectives to be pursued by ‘teaching, education, culture and information’, and the modalities for achieving them. In terms of the structure of ICERD, whereas the protection from discrimination in Article 5 encompasses ‘the right to education and training’ and ‘the right to equal participation in cultural activities’—reflecting broad-based rights recognized throughout a range of international human rights instruments—the obligations in Article 7 have a distinctive focus. The highlighted fields of activity and other relevant but unnamed ‘fields’ must be directed to combat prejudices which lead to racial discrimination, promoting understanding and tolerance, and propagating human rights, including the Convention. In this light, Article 7 makes its own contribution to world programmes for human rights education and similar initiatives.
Article 22
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter discusses the role of the International Court of Justice (ICJ) in settling disputes, as defined by Article 22 of the Convention. This article has been cited as a basis for ICJ jurisdiction in key cases before the ICJ. In particular, the chapter notes how the Georgia v Russian Federation case is the first and only case before the ICJ to focus exclusively on the interpretation of the Convention. The interrogation by the Court of the meaning to be attributed to Article 22 in Georgia v Russian Federation is notable for its complex of interpretative approaches towards international instruments, including human rights instruments—the canons of interpretation invoked by majorities and minorities, often to contradictory effect. If Georgia v Russian Federation demonstrates anything regarding the meaning of the Convention, it is that text and travaux signpost interpretative directions but are unlikely to be fully determinative.
The Convention on the Elimination of All Forms of Racial Discrimination
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis concluding chapter offers some concluding reflections on the development of the ICERD in the years since its inception. It looks back on the history of the Convention and also attempts to understand the challenges emanating from the early twenty-first century environment as the principal guide to future developments. Over the years, the Convention has transmitted and further defined the humanitarian message of the UN Charter and the Universal Declaration of Human Rights (UDHR) and stands secure in the firmament of UN human rights instruments. The principles of the Convention are widely accepted as representing conduct prohibited by customary international law and even, at least in gross or systematic forms, Jus cogens. Additionally, the chapter turns to the limitations of the ICERD’s work in eliminating discrimination, and offers insights for the continuing efforts for a dignified ordering of human affairs.
Allocating and Balancing Foreign Relations Powers
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 1 introduces the field of U.S. foreign relations law by considering how the U.S. Constitution allocates foreign relations powers among the key players—namely, Congress, the president, the courts, and the states—while also leaving important powers unresolved and free for sharing or contestation. It also explains the balancing of these powers and limits on their exercise, such as through the checks available to Congress and the courts on the president’s foreign relations actions, the powers reserved to the several states, and the rights possessed by individuals. The chapter concludes with a review of how national crises or emergencies impact the analysis, pondering whether special latitude should be given to the federal government during such periods and what emergency powers imply for constitutional democracy.
Customary International Law
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 5 explains how customary international law is incorporated into U.S. law. It begins by exploring how U.S. views regarding the role of customary international law in the constitutional scheme appear to have evolved over time, starting from a deep-seated commitment to a degree of contemporary ambivalence about the role of federal common law. The chapter examines the legislative, executive, and judicial incorporation of customary international law, both in terms of its constitutional grounding and considering present practice. It also discusses limits to the incorporation of customary international law into U.S. law, reviewing the relationship of customary international law with the U.S. Constitution, federal law, treaties, and executive branch conduct. The chapter concludes with examples of customary international law’s contemporary treatment in the contexts of piracy, terrorism, and human rights.
Treaties and Other International Agreements
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 6 discusses the range of contemporary legal issues that arise in connection with the treaty power in Article II of the U.S. Constitution and other means by which the United States enters into international agreements. The chapter examines the historical emergence of the treaty power, from pre-constitutional experience to constitutional design and subsequent history. It then describes the process of making treaties—looking to the dictates of international law, Article II, and other constitutional limitations—from beginning to end, noting too the different obligations that arise prior to entry into force. It also surveys methods of treaty interpretation, beginning with international legal principles and discussing the deference that U.S. courts give to the executive branch, the Senate, and international tribunals in interpreting treaties. It discusses the complex process by which treaties are incorporated into U.S. law, including both the complexity of treaty self-execution and other forms of domestic implementation, before describing how conflicts between treaties and constitutional, federal, international, and state and local law are resolved. The chapter reviews nontreaty forms of international agreements, such as congressional-executive, executive, and nonbinding agreements, and it explains treaty termination and similar means for exiting treaties.
Adoption of the Convention
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents the story behind the adoption of the European Convention on Human Rights (ECHR). The Convention was drafted in 1950 by the Committee of Experts set up by the Council of Europe's Committee of Ministers. The Convention was signed by the Member States of the Council of Europe on November 4, 1950, in the Barberini Palace in Rome. Later that month, Greece and Sweden also signed the Convention. The first ratification, by the United Kingdom, was submitted on March 8, 1951. On September 3, 1953, Luxembourg became the tenth State to ratify the Convention, bringing with it the entry into force of treaty. With the Convention in force, the Committee of Ministers elected the initial members of the European Commission of Human Rights in May 1954.
Adding new rights to the Convention
Authors: Schabas William A 
Published: August 2024

Abstract
Since the adoption of the European Convention, the catalogue of substantive rights that it sets out has been supplemented by six protocols. The six protocols are additional in nature in that they require ratification by States that are already party to the Convention. They do not amend the Convention as such. They have entered into force after acceptance by a relatively limited number of States Parties. This chapter describes the six protocols. Protocol No. 1, adopted in March 1952, added three rights to the Convention system: right to property, the rights of parents with respect to the education of their children, and the right to free elections. Protocol No. 4, which entered into force on May 2, 1968, deals with the right of movement and migration. Protocols No. 6 and 13 are concerned with capital punishment. Protocol No. 7 addresses concordance with the International Covenant on Civil and Political Rights while Protocol No. 12 includes provisions on non-discrimination.
Interpretation of the Convention
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter considers the various interpretative approaches to the European Convention on Human Rights that have been adopted in case law. It first explains the rules of treaty interpretation applied by international courts and tribunals that were codified in the Vienna Convention on the Law of Treaties. It then discusses the respect for precedent; the Court's insistence that ‘the Convention must be read as a whole, and interpreted in such a way as to promote internal consistency and harmony between its various provisions’; the dynamic and evolutive interpretation; and the need to construe the provisions of the Convention in the light of their object and purpose and also in accordance with the principle of effectiveness.
Preamble/Préambule
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents the Preamble of 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.
Derogation in time of emergency/Dérogation en cas d’état d’urgence
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 15 of the European Convention on Human Rights, which allows any High Contracting Party to derogate from its obligations under the Convention in time of war or other public emergency. 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.
Limitation on use of restrictions on rights/Limitation de l’usage des restrictions aux droits
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 18 of the European Convention on Human Rights, which imposes a limitation on restrictions, declaring that ‘restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed’. 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.
Plenary Court/Assemblée plénière
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 25 of the European Convention on Human Rights, which sets out the functions of the Plenary Court. 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.
Single-judge formation, Committees, Chambers, and Grand Chamber/Formations de juge unique, comités, chambres et Grande Chambre
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 26 of the European Convention on Human Rights, which covers the judicial formations of the Court. 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.
Relinquishment of jurisdiction to the Grand Chamber/Dessaisissement en faveur de la Grande Chambre
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 30 of the European Convention on Human Rights covering the relinquishment of cases to the Grand Chamber. 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.
Friendly settlements/Règlements amiables
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 39 of the European Convention on Human Rights, which establishes the role of the Court in securing friendly settlements. 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.
Binding force and execution of judgments/Force obligatoire et exécution des arrêts
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 46 of the European Convention on Human Rights, which deals with the enforcement of judgments of the Court. 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.
Inquiries by the Secretary General/Enquêtes du Secrétaire Général
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 52 of the European Convention on Human Rights (ECHR), which authorizes the Secretary General of the Council of Europe to request a State Party to furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of the Convention. 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.
Protection of property/Protection de la propriété
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 1 of Protocol 1 to the European Convention on Human Rights, which protects the right to peaceful enjoyment of possessions. 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.
Prohibition of imprisonment for debt/Interdiction de l’emprisonnement pour dette
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 1 of Protocol 4 to the European Convention on Human Rights, which prohibits imprisonment for debt. 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.