bluuebunny/crossref_metadata_2025_split huggingface dataset:
Prosecuting Atrocity Crimes with Open Source Evidence
Authors: Freeman Lindsay 
Published: August 2024

AbstractThis chapter focuses on the use of open source information in international criminal investigations and prosecutions with a particular emphasis on cases before the International Criminal Court (ICC). By analysing case law which contemplates the admissibility, reliability, and probative value of evidence derived from open sources, the chapter highlights the primary opportunities and challenges that arise when using open source information for legal accountability purposes. The examination of specific ICC cases and judicial decisions over time illustrates the changing nature of the open source information available in war crimes, crimes against humanity, and genocide cases — from analogue newspapers, radio broadcasts, and government reports to social media postings and other digital content from the Internet. Thus, the chapter explores how the attitude of international judges has shifted and evolved with the changing nature of the information environment in the twenty-first century.
Open Source Investigations for Human Rights
Authors: Edwards Scott 
Published: August 2024

AbstractHuman rights investigators are currently inundated by tremendous amounts of data and other information of potential relevance to their work. Just as in commerce, governance, and other areas of public interest, the modern information environment in human rights investigations has forced considerable adaptation in practice, often to the immense benefit of human rights defence. Nevertheless, considerable challenges face the human rights investigator using open source methods. This chapter addresses three broad procedural challenges in open source investigations: the discovery of information; coping effectively with the ephemeral nature of open source content; and assessing information authenticity. It concludes with a discussion of future trends likely to influence the science and practice of open source investigations and the broader pursuit of human rights investigation.
Targeted Mass Archiving of Open Source Information
Authors: Deutch Jeff , Para Niko 
Published: August 2024

AbstractThis chapter introduces various data strategies, concepts, and workflows utilized by Syrian Archive for mass archiving, explaining how to ingest as much potentially relevant digital content as possible, filter that content, and transform it into usable information. The Syrian Archive is a Syrian-led and initiated collective of human rights activists dedicated to preserving, verifying, and investigating open-source documentation related to human rights violations committed by any side since the start of the Syrian conflict in 2011, and to developing innovative open-source tools and methods to assist in these efforts. Since its founding in 2014, Syrian Archive has created an independent, publicly accessible, and interactive archive of verified data developed out of an ingested collection of over 1.5 million data points, over 20 terabytes of video and image data, and half a million additional units of user-generated content (e.g. Tweets, Facebook posts) from more than 3,000 diverse sources. The Syrian Archive uses this data to create publicly accessible datasets and conduct investigations into human rights violations.
How to Verify and Authenticate User-generated Content
Authors: Toler Aric 
Published: August 2024

AbstractAfter discovering instances of suspected human rights abuses, the next step in verification is affirming the veracity of user-generated content, namely the content, place, time, and originality of a photograph or video. The process of verification allows researchers to use discovered materials with confidence for either human rights advocacy or as evidence in attempts to bring perpetrators to account. The challenges of verifying a piece of user-generated content can differ in each case, with no single ‘silver bullet’ to solve every problem. Because of this, patience and creativity are just as important as the digital toolset in conducting verification. This chapter goes through a systematic consideration of verification, covering why verification is an essential step in human rights investigations, how to determine the original source of a material, and methods that can be used to ascertain that a photograph or video was captured at the same time and place of the incident under question.
The Role and Use of Satellite Imagery for Human Rights Investigations
Authors: Farfour Micah 
Published: August 2024

AbstractRemote sensing is the measurement of an object from a distance. While there are many kinds of measurement that could fall under that broad definition, the main interest for human rights research is the measurement of the earth's surface using optical sensors producing a two-dimensional spatial grid referred to as satellite imagery. This chapter discusses the use and analysis of satellite imagery and other remote sensing data for verification and documentation. It considers the history of satellite imagery, some of the various applications, and their importance in human rights investigations. It presents five case studies. It also looks at new things in the industry and where to access remote sensing data.
Open Source Investigations
Authors: Guay Joseph , Rudnick Lisa 
Published: August 2024

AbstractOpen source investigations (OSI) hold tremendous potential for both advancing justice and accountability, and responding to humanitarian protection needs. However, because they often focus on sensitive matters, involve vulnerable people, and operate in a domain that is hyperconnected, rapidly evolving and only (s)lightly regulated, OSI practices can also exacerbate the harm faced by already-vulnerable populations, and introduce new dimensions of risk for investigators and those they serve. This chapter considers how emerging threats and risks can lead to digitally derived harms that OSI practitioners working in the digital space need to be aware of. It highlights two kinds of digital threats that OSI practitioners must take into account: those that are malicious in nature (e.g. surveillance, monitoring, and intrusion, or the weaponization of information); and those that are incidental (e.g. the unintended harms that result from the accidental disclosure of sensitive information or that are associated with data experimentation).
Open Source Investigations for Legal Accountability
Authors: Koenig Alexa , Freeman Lindsay 
Published: August 2024

AbstractThis chapter outlines preliminary reflections on the minimum standards and best practices for conducting open source investigations in anticipation of litigiation. While open sources have long played an important role in information gathering for evidentiary purposes, digital technologies are emerging and changing so rapidly that it is difficult to stay on top of all of the ways that digital open sources can support case development. Formalizing and disseminating open source investigation methods as a means to contribute to the successful adjudication of human rights cases is vital. As more and more communication takes place through digital channels, it will be increasingly important for lawyers and legal investigators to understand the diverse online locations in which relevant information may be found.
A Short History of the Crime of Genocide
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter embarks on a more detailed history of the crime of genocide and international law. It notes that until World War II genocide was never really addressed by international law. The atrocities perpetuated by the Nazis on such a grand scale, however, necessitated the formation of a new category of law — genocide. Genocide means attacks aimed at the destruction of a group or nation. It is crime directed against a national group and refers to actions and policies aimed at the annihilation of the essential foundations of the life of a group. The chapter shows how, although it was formally recognized as a crime under international law by the General Assembly's Resolution 96(I), for some time genocide remained an unfulfilled crime of paper. Only with the advent of the Yugoslav and Rwanda Tribunals did it gain concrete practical significance. The statutes of both tribunals gave other tribunals jurisdiction over the crime of genocide and replicated, for that purpose, some of the core provisions of the Genocide Convention. With these statutes, the crime of genocide had found judicial homes where the law could thrive and develop.
Jurisdiction to Investigate and Prosecute Acts of Genocide
Authors: Mettraux Guénaël 
Published: August 2024

Abstract
This chapter discusses jurisdiction over acts of genocide. The Genocide Convention provides for three jurisdictional venues of relevance to the enforcement and implementation of its terms. The first two are competent to prosecute and punish acts of genocide attributable to individual perpetrators. According to Article VI, they consist of: the competent jurisdictions of the state in which acts of genocide have been committed (i.e., the territorial state) and an ‘international penal tribunal’. In addition, Article IX of the convention provides that disputes between contracting parties ‘relating to the interpretation, application or fulfilment’ of the convention can be submitted to the International Court of Justice (ICJ) at the request of any of the parties to the dispute. There is also some suggestion that customary international law provides for ‘universal’ jurisdiction over acts of genocide. Under the most extreme version of that proposition, any state would per force be jurisdictionally competent to investigate and prosecute acts of genocide regardless of the place where the crimes were committed and regardless of the nationality of the perpetrators and victims.
EU Securities and Financial Markets Regulation
Authors: Moloney Niamh 
Published: August 2024

Abstract
Over the decade or so since the global financial crisis rocked EU financial markets and led to wide-ranging reforms, EU securities and financial markets regulation has continued to evolve. The legislative framework has been refined and administrative rulemaking has expanded. Alongside, the Capital Markets Union agenda has developed, the UK has left the EU, and ESMA has emerged as a decisive influence on EU financial markets governance. All these developments, as well as the Covid-19 pandemic, have shaped the regulatory landscape and how supervision is organized. This book provides a comprehensive, critical, and contextual account of the intricate rulebook that governs EU financial markets and its supporting institutional arrangements. It is framed by an assessment of how the regime has evolved over the decade or so since the global financial crisis and considers, among other matters, the post-crisis reforms to key legislative measures, the massive expansion of administrative rulemaking and of soft law, the Capital Markets Union agenda, the development of supervisory convergence as the means for organizing pan-EU supervision, and ESMA’s role in EU financial markets governance. This fourth edition is heavily revised to reflect developments since the global financial crisis, it adopts the in-depth contextual and analytical approach of earlier editions and so considers the market, political, institutional, and international context of the regulatory and supervisory regime.
Collective Investment Management
Authors: Moloney Niamh 
Published: August 2024

Abstract
This chapter examines the harmonized EU rules governing collective investment management under the cornerstone UCITS Directive and the Alternative Investment Fund Managers Directive (AIFMD), including the related administrative rules and the supporting supervisory and enforcement arrangements. The chapter considers the evolution and purpose of the regime, including in light of the Capital Markets Union agenda, and how financial stability objectives have come to shape the regime, given the association between collective investment management and non-bank financial intermediation. The chapter then considers the cornerstone UCITS and AIFMD regimes, including in relation to authorization, delegation, asset allocation, liquidity, and disclosure, and the home/host arrangements supporting the ‘regulatory passport’. It also addresses the specialist regimes which apply under the EU Venture Capital Fund (EuVECA), EU Social Entrepreneurship Fund (EuSEF), and European Long-term Investment Fund (ELTIF) Regulations, and under the Money Market Fund Regulation.
Linguistic identity and language rights
Authors: de Varennes Fernand 
Published: August 2024

Abstract
This chapter details the developments of the recognition and protection of language rights and linguistic identity of minorities. It shows how the jurisprudence under traditional human rights is starting to be reassessed in a way that demonstrates that many language rights are protected in traditional human rights provisions. In addition, new regional treaties dealing directly with minority and linguistic protection have been developed, have entered into force, and have started to have significant impact. They provide, in other words, practical guideposts indicating how the path to pluralism can be followed in the area of language policies in democratic societies. The chapter thus reviews the emerging cases, opinions, and views from various courts and other treaty-based bodies which have brought these developments to fruition.
Effective participation of minorities in public life
Authors: Weller Marc 
Published: August 2024

Abstract
This chapter looks at the available instruments for enhancing minority access to political participation. In addition to the right to fully participate in the government of the state overall, this right also includes the opportunity of minorities to make public decisions in relation to issues of special concern to them, or in relation to territorial units principally inhabited by their members. A clear system for the division and transfer of fiscal and economic resources and effective mechanisms for dispute settlement in cases of clashes of competence between the centre and the autonomous entity are also of concern. But while these systems for political participation of minorities are well understood in theory and practice, their anchoring in legal commitments is a different matter. A great deal of judicial precedent on the other forms of political participation is lacking, beyond participation through democratic practices defended through the human rights system.
The World Trade Organization
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter provides an overview of the history and development of the World Trade Organization (WTO). Topics discussed include Bretton Woods and the failure of the International Trade Organization; the emergence of GATT as an international organization; a summary of GATT obligations; the creation of the WTO, its functions and structure, and ongoing work and activities; the principal accomplishments of the GATT/WTO; major challenges confronting the WTO; the Doha Development Agenda; the Bali Package; and the future of the WTO.
WTO Law and Domestic Law
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter discusses the relationship between World Trade Organization (WTO) law and domestic law. It focuses on how the domestic legal orders of three WTO Members — the European Union, Japan, and the United States — implement their WTO obligations into their national legal orders. It shows that the European Union and United States, for very different reasons, have a complex relationship between their domestic legal systems and WTO law. Neither of them recognizes the direct effect of the WTO agreements or final decisions of the WTO Dispute Settlement Body (DSB). Both require the implementation of international WTO norms in their domestic legal orders as a necessary precondition for giving internal validity to their internationally legally binding WTO obligations. Japan provides another example of the difficulty many WTO members face in reconciling their principled position that international treaties take precedence over domestic laws from the day of their enactment or approval with the real world, and states do not want the Appellate Body to limit their foreign economic policy more than it already does. The cases of the United State, Japan, and the EU demonstrate that WTO norms will only be applied by domestic courts after internal implementation and that direct effect of DSB decisions in the domestic legal orders of WTO Members is not recognized.
Dispute Settlement
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter discusses the World Trade Organization (WTO) dispute settlement system. The system is built on the pre-existing GATT regime. It functions very much like a court of international trade: there is compulsory jurisdiction, disputes are settled largely by applying rules of law, decisions are binding on the parties, and sanctions may be imposed if decisions are not observed. Three institutions administer the WTO dispute settlement system: the Dispute Settlement Body (DSB), which establishes panels, adopts panel and Appellate Body Reports, supervises the implementation of recommendations and rulings, and authorizes sanctions for failure to comply with dispute settlement decisions; the Appellate Body is a standing institution composed of seven persons appointed by the DSB for four-year terms; and panels are composed of three (exceptionally five) qualified governmental and/or non-governmental individuals selected from a roster of persons suggested by WTO Members.
Antidumping
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter begins with a discussion of the meaning of the term ‘dumping’. It then discusses the regulation of antidumping duties in the GATT/WTO regime and criminal penalties and private remedies. It concludes with proposed amendments to the Antidumping Agreement to incorporate concepts developed in competition law.
Export Measures and Controls
Authors: Matsushita Mitsuo , Schoenbaum Thomas J , Mavroidis Petros C , Hahn Michael 
Published: August 2024

Abstract
This chapter addresses the rules of international law governing export control measures. It first considers five important cases that have been decided under the GATT/WTO dispute settlement mechanism. It then discusses WTO rules on export measures, export tariffs, natural resources, agricultural commodities, security exceptions. It also briefly describes the treatment of export restrictions in bilateral and multilateral preferential trade agreements (PTAs).
Argentina v. Chile (Award of the Arbitral Tribunal, 18 February 1977)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This chapter first outlines the history of the Argentina/Chile case, and explains the importance of the Beagle Channel. The dispute concerned the question of sovereignty over the regions Picton, Nueva, and Lennox, together with a number of islets and other small features on the eastern side of the Channel, and the location of the corresponding maritime boundary between the parties in the case. The chapter explains the parties’ positions and presents a summary of the decision. It ends with an analysis on the significance of the decision in this case and its contribution to international law. The decision is significant in the context of territorial sea delimitation, it argues. The chapter analyzes the ‘principle of appurtenance’ as it applies in the territorial sea (which is closely related to the tenet that ‘the land dominates the sea’, articulated by the ICJ in the North Sea Continental Shelf cases). The case provides a leading example of the variance of a geometric equidistance or median line in order to accommodate navigational interests in the territorial sea.
Dubai-Sharjah Border Arbitration (Award of the ad hoc ‘Court of Arbitration’, 19 October 1981)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This chapter introduces a case which arose out of a dispute over the land and maritime boundary between the Emirate of Dubai and the Emirate of Sharjah in the United Arab Emirates (UAE). The chapter starts by explaining the history of the area and the boundaries in question here. This arbitration, the chapter argues, represents a leading example of the application of international law to the delimitation of maritime boundaries between the internal units of a federated State. The Award was rendered on the cusp of the signature of UN Convention on the Law of the Sea (UNCLOS) and provides a useful indication of the state of customary international law at that time as regards the delimitation of territorial sea and continental shelf boundaries.
Guinea v. Guinea-Bissau (Award of the Arbitral Tribunal, 14 February 1985)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
The case outlined in this chapter concerned the delimitation of the maritime boundary between Guinea and Guinea-Bissau in the Atlantic Ocean. These countries are adjacent States situated on the West African coast, between Senegal (to the north) and Sierra Leone (to the south). The dispute here dates back to 1958. The chapter finishes with some thoughts on the importance of this case for international law. The case is one of the first examples in modern international law of a maritime boundary dispute being settled by way of ad hoc arbitration and a rare modern example of a maritime boundary dispute being settled by a panel of three (as opposed to five) arbitrators. The Award is notable for its breadth and flexibility as to the methodology to be adopted in single maritime boundary delimitation and the scope of relevant factors. The Award is, this chapter states, perhaps best known for its close attention to the regional context of the delimitation.
Eritrea v. Yemen (Award of the Arbitral Tribunal in the Second Stage of the Proceedings, Phase II: Maritime Delimitation, 17 December 1999)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This chapter concerns a case over a combined island sovereignty and maritime boundary dispute in the Red Sea between Eritrea and Yemen. The sovereignty dispute principally concerned the Mohabbakah Islands, the Haycock Islands, the Zuqar-Hanish Islands, the island of Jabal al-Tayr, and the Zubayr island group. The dispute dates back to the decline of the Ottoman Empire leading up to the First World War and colonial activities in the region by Italy and Great Britain during the late nineteenth and early twentieth centuries. The Phase II Award in the case confirms the generally accepted view in modern international law and State practice that the median or equidistance line provides an appropriate starting point for any maritime boundary delimitation between opposite coasts. Only in the most exceptional of circumstances will international law reject such an equidistance-based approach as a starting point in opposite coast delimitation.