bluuebunny/crossref_metadata_2025_split huggingface dataset:
Enforcement of Decisions of International Courts at the National Level
Authors: Ingadottir Thordis 
Published: August 2024

Abstract
This chapter examines how decisions made by international courts are enforced at the national level. The decisions of international courts require implementation at the national level, and address not only interests of states but also of individuals. Indeed, most of those judgments today come from human rights tribunals, followed by decisions of international criminal tribunals. The enforcement of decisions of international courts before domestic courts at the national level has raised a variety of issues, both regarding national and international law. This chapter reviews a number of ILDC cases that show how national courts have enforced judgments of the International Court of Justice (ICJ), international human rights courts (European Court of Human Rights and Inter-American Court of Human Rights), and international criminal tribunals (International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, International Criminal Court).
International Responsibility
Authors: Janik Ralph 
Published: August 2024

Abstract
This chapter examines the role of domestic courts in the field of international responsibility. As organs of a state, domestic courts may themselves commit or condone an international wrong. On the other hand, they can halt or prevent internationally wrongful acts of their states by using harmonization or avoidance approaches. Indeed, domestic courts have in some cases expressly justified their reasoning and interpretation of international law to prevent their state from committing an international wrong. This chapter reviews a number of cases on responsibility dealing with issues such as the hierarchy between international and domestic law with regards to state responsibility, attribution, the question of aid and assistance, the responsibility of states and of international organizations, the plea of state necessity before domestic courts, extradition, and state succession.
Use of Force
Authors: Shucksmith Christy , White Nigel D 
Published: August 2024

Abstract
This chapter reviews domestic cases that address the legality or otherwise of the use of force by states—the jus ad bellum—including military actions undertaken in self-defence, or under United Nations Security Council authority, as well as more contested claims (for example, targeted killings). Two sets of cases are considered: those that amount to a direct challenge to the legality of the use of force by the government of the state, where the court’s major concern is whether it is willing and able to reach decisions on the legality of the use of force given its highly politicized nature; and those dealing with indirect challenge or review, where the legality of the war or use of force comes up as a defence or excuse for behaviour, or to support a claim of human rights abuse.
Terrorism
Authors: Constantinides Aristoteles 
Published: August 2024

Abstract
This chapter examines how domestic courts deal with questions relating to terrorism, focusing on decisions that bring to the fore the uncertainties surrounding the definition and scope of terrorism as well as cases that illustrate the difficulty of striking a balance between the need to combat terrorism effectively and the need to uphold (international) human rights standards while doing so. These cases show how domestic courts in various parts of the world have responded to the attempts by the legislature and the executive to circumvent human rights during the ‘war on terror’. The focus is on cases involving the prohibition of torture and non-refoulement as well as the rights to liberty and fair trial. Several of these decisions, especially by domestic courts in Europe, also emphasize the relationship between the case law of domestic courts and that of supranational courts or treaty bodies confronted with the same issues.
Substantive International Criminal Law
Authors: van der Wilt Harmen , Barker J Craig , Myers Bea 
Published: August 2024

Abstract
This chapter considers the application and interpretation of substantive international criminal law in domestic courts. It first reviews cases that address hierarchical relations between the national and international legal order, in connection with the nullum crimen sine lege principle, before analysing decisions dealing with substantive international criminal law as applied and interpreted in domestic courts. The discussion focuses on the core crimes of genocide, crimes against humanity, and war crimes as defined in the Statute of the International Criminal Court (ICC). It also explores the issue of complementarity, addressed in Article 17 of the Rome Statute of the ICC. The available case law shows that some national courts are willing to apply (customary) international law freely in order to fill the gaps in national legislation, whereas others are far more reluctant to engage in such an exercise so as not to undermine the nullum crimen sine lege principle.
Amnesties
Authors: Martin Claudia 
Published: August 2024

Abstract
This chapter focuses on amnesty laws in Latin America and the principles of accountability developed by the Inter-American Commission and the Inter-American Court of Human Rights. It first considers the jurisprudence of the Inter-American system on amnesty laws before discussing the interaction between the international and domestic courts in applying the principles of accountability. In particular, it reviews cases dealing with the permanent nature of the crime of forced disappearance; the direct application of international human rights law by domestic courts; the application of international humanitarian law and the grave breaches provisions; gross human rights violations as crimes against humanity under customary law and the jus cogens obligation to prosecute them; the duty to investigate and prosecute in cases of ‘fraudulent res judicata’; and the duty to investigate and prosecute and the proportionality of the punishment.
Economic and Social Rights
Authors: Constantinides Aristoteles 
Published: August 2024

Abstract
This chapter reviews cases that show how domestic courts determine and enforce international legal rules on social and economic rights. It begins with cases relating to the legal nature and scope of state obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR) in the context of claims for the violation of specific rights recognized in the covenant. It then considers case law dealing with specific economic and social rights, including the right to education, the right to health, the right to social security, the right to adequate standard of living, and the right to work, labour rights, and trade union rights. These cases illustrate the steady shift in international and comparative law during the last decades towards an ever-growing acceptance of the justiciability of socio-economic rights.
The Distinction between International and Non-International Armed Conflicts
Authors: Hill-Cawthorne Lawrence 
Published: August 2024

Abstract
This chapter examines the history of, as well as the reasons for and against, the distinction drawn in international law between international and non-international armed conflict. It examines the context of the central enquiry of this book, as the differentiated approach to detention in international and non-international armed conflict arises from this general distinction between the two categories of armed conflict. It first demonstrates that the historical basis of the distinction lies in international law’s traditionally inter-state focus, noting that over time the distinction has been partially eliminated. It then examines the two principal lines of critique often made towards the distinction. It then considers the main reasons for preserving what remains of the distinction, including both sovereignty and humanitarian concerns. This will help in the final chapter of the book when considering whether the distinction should continue to exist with regard to detention.
Detention under IHRL
Authors: Hill-Cawthorne Lawrence 
Published: August 2024

Abstract
This chapter examines the procedural rules applicable to detention under international human rights law (IHRL). It first demonstrates that IHRL, as a body of law, prima facie applies in any situation, including international and non-international armed conflict. It then examines the procedural rules applicable to detention under the principal international and regional human rights treaties, as developed in jurisprudence. Finally it offers an assessment of the state of customary international law here and, in particular, the degree to which those treaty rules have crystallized as custom. It is shown that the basic arbitrary detention prohibition, together with the requirement of release where the reasons cease, are clearly custom. However, the customary nature of the other procedural rules is more controversial.
Detention and the Relationship between IHL and IHRL
Authors: Hill-Cawthorne Lawrence 
Published: August 2024

Abstract
This chapter explores the fundamental question of how the relationship between international humanitarian law (IHL) and international human rights law (IHRL) in the context of detention is to be understood. It begins with a general discussion of the relationship between IHL and IHRL, offering an original perspective that is firmly grounded in general international law principles of treaty interpretation. This is then applied to the rules on detention, looking first at detention in international armed conflicts to consider the various interpretive possibilities open to us. It then moves on to the central enquiry of this book, that is, detention in non-international armed conflict, exploring, in detail, state practice in specific non-international armed conflicts. It is shown that states remain bound in full by their human rights treaty obligations, alongside the minimal rules of IHL explored in chapter 3, when detaining in the context of non-international armed conflicts.
The Practical Application of IHRL to Detention in Non-International Armed Conflict
Authors: Hill-Cawthorne Lawrence 
Published: August 2024

Abstract
Chapter 5 demonstrated that the international human rights law (IHRL) rules on detention fully apply to detentions in relation to non-international armed conflicts. This chapter explores their practical application, focusing on how far derogation from these rules is permissible and the extent to which they might be ‘read down’ without derogating. In doing so, it examines comprehensively the relevant human rights treaty body jurisprudence. The divergent approaches of the treaty bodies are demonstrated, with a principled proposal offered for reconciling them. Two remaining issues are then considered for the applicability of the IHRL rules on detention in non-international conflicts: their extraterritorial application and their binding nature for non-state armed groups. It is shown that states continue to be bound by these rules in military operations abroad, but that the human rights treaty rules on detention do not bind non-state armed groups, revealing a key shortcoming with the existing law.
Conclusion
Authors: Hill-Cawthorne Lawrence 
Published: August 2024

Abstract
This chapter makes proposals for developing the law on detention in non-international armed conflict, in a manner that builds upon rather than replaces the existing law. It is argued that this is more appropriate than simply eliminating the distinction between international and non-international conflicts in this area. The proposed internment regime analogizes to and builds on the rules applicable to civilian internment in international armed conflicts. The proposed regime would apply ‘through’ the existing human rights law obligations of states and non-state groups. Thus, for states parties to the key human rights treaties, derogation would be necessary to access certain elements of the proposed internment regime, such as non-judicial review. This ensures that a more permissive detention regime could only be used where it is strictly necessary to do so, rather than simply where the threshold for a non-international armed conflict is met.
Market Abuse Regulation
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This book provides a wide-ranging and insightful analysis of the market abuse regime and the applications of the regulations in the UK and EU. It provides detailed discussion of the implementation and interpretation of the regulation, the conduct of investigations, the defences and appeals available against a finding of market abuse, and overlapping US regulation. This new edition explains and evaluates the changes introduced by the Markets in Financial Instruments Directive and the Market Abuse Directive, the UK Financial Services Act 2012 and the implementation of the Regulation on Wholesale Market Integrity and Transparency, which have resulted in dramatic expansion of the coverage of EU market abuse regulation. It addresses the regulation of additional financial instruments, the expansion to include new markets and trading facilities, and changes to the coverage of commodity derivatives and physical commodities. The book discusses the dramatic changes to the format of regulation as a result of the restructuring of UK regulators; as well as the addition of new EU supervisory bodies with revised powers over national regulation within the EU. Beyond the EU, it discusses international protocols and treaties which have also added to the regulatory structure.
Evolving Regulation
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter begins with a background on financial services regulation in the UK. The principal responsibility for regulating financial market conduct generally, and for preventing, investigating, and punishing market abuse falls on the Financial Conduct Authority (FCA). The aims of the FCA are both to preserve financial stability and the expection that it will remain stable. One of the principal ways that this is done is by preventing what is called ‘market abuse’, which can generally be described as improper market behaviour, such as: insider trading; various techniques of market manipulation; and any other behaviour interfering with the fair and efficient operation of financial markets. The remainder of the chapter discusses the evolution of market abuse regulation; the adoption and implementation in the UK of the new EU Market Abuse and Insider Trading Directive, the Market Abuse Regulation, and for wholesale energy markets, the REMIT, international complications, and other levels of uncertainty.
Insider Dealing
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter examines what constitutes insider information, covering insider dealing under the Market Abuse Regulation; definition of inside information; case examples on inside information; financial instruments; and energy, emission allowances, and other commodity-related derivatives. Insider dealing has been the variety of market abuse that has been most enthusiastically prosecuted by the market regulators to date. A large percentage of the penalties that have been imposed for market abuse have been in insider dealing cases. This is because the nature of insider dealing leaves a relatively clear paper record of the transactions that constituted the transactions in question. Consequently, it is not that difficult for the Financial Conduct Authority to assemble clear proof that an insider has engaged in, or assisted, improper trading.
Market Manipulation
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter discusses market manipulation, the second general type of activity which constitutes market abuse under the Regulation. It covers manipulative behaviour, accepted market practices, indicators of manipulation, and the Financial Conduct Authority (FCA) on market manipulation. Prohibition of both market manipulation, and the brand-new offense of attempted market manipulation, is found in Article 15 of the Regulation, which states: A person shall not engage in or attempt to engage in market manipulation. Market manipulation is a complex category of market abuse that makes difficult to prove, and therefore difficult to punish. Unusual changes to market prices can have many causes. It is not easy to show that any particular change was a result of any particular factor. However, the FCA has other regulatory tools at its disposal to avoid the difficulties that proving ‘market manipulation’ may present.
Scope of Coverage
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter discusses the reach of the market abuse regime, the products covered, the ‘markets’ covered, and geographical reach. The Code of Market Conduct covers a range of abuses not covered by existing criminal law and it applies to everyone who participates in, or whose conduct may have an effect on, the UK financial markets. Everyone is covered, whether regulated by the Financial Services Authority (FSA) or not, based in the UK or overseas, and whether a professional or retail investor. The FSA has reserved for itself a very wide band of flexibility in judging who, what, when, and where contributed to market abuse within its jurisdiction. Ultimately, the FSA's view of the reach of the market abuse regime may be tested in the courts, but, for now, it must be regarded as very long.
Judging Behaviour
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
Once the basic standards of behaviour required of market participants are known, market participants will still have questions about how their behaviour in the market will be compared to the prevailing standards of market behaviour. These questions will include: (a) Who is the person being judged? (b) What guides will they use to compare the conduct of the responsible actor against the behaviour expected of a market participant in the actor's position? (c) Who will be judge(s) of whether market misconduct occurred? The answers to these issues are not entirely obvious from the Market Abuse Regulation or the FCA Code of Market Conduct. This chapter will attempt to explain them in more detail.
Defences
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter discusses defences to allegations of market abuse. These consist of five basic types: (a) objections to personal or subject matter jurisdiction; (b) compliance with relevant regulatory rules; (c) being within an exemption; (d) evidential defences consisting of other factors indicating that behaviour did not constitute market abuse; and (e) the person in question is acting on behalf of a public authority with respect to: (i) monetary policies, (ii) exchange rate or public debt management policies; or (iii) foreign exchange reserves policies. The Financial Conduct Authority states that behaviour which conforms with article 5 of the Market Abuse Regulation or with a directly applicable EU regulation made under article 5 of the Market Abuse Regulation will not amount to market abuse.
Hearings and Appeals
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter focuses on the Financial Services and Markets Tribunal, Tribunal rules, and hearings. The Tribunals, Courts and Enforcement Act 2007 established a new tribunal structure comprising a First-tier Tribunal and an Upper Tribunal. Appeal functions of existing tribunals, including the former Financial Services and Markets Tribunal, were transferred to this structure and assigned to chambers within the new tribunals. The Tribunal has broad powers with respect to FCA (and PRA) disciplinary decisions. A reference to the Tribunal is not really an ‘appeal’. It is a new hearing on the issues before a new, and independent, forum. The Tribunal may consider any relevant evidence and may direct any decision which the Financial Conduct Authority could originally have made. In effect, the review undertaken by the Tribunal is by way of a hearing de novo
Criminal Law
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter considers the relationship of the market abuse regime to criminal law. The market abuse regime was not intended to replace existing criminal laws but conceived to work alongside them — while covering a wider range of activities. Indeed, the Financial Conduct Authority (FCA) is empowered to institute criminal proceedings for a range of offences and in respect of certain other offences arising under related legislation. Although this was not originally intended, the market abuse prohibitions are part of criminal law. Although the market abuse regime was originally created to provide the FCA with a flexible administrative remedy for market misconduct, the range of available enforcement options makes it legally impossible not to treat at least some market abuse cases as criminal proceedings.
Conclusions
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter presents some final thoughts. The UK and the EU have undeniably made a determined effort to install a flexible and effective regime to deter and punish market abuse. The very fact that the market abuse regime causes so much comment in the financial services industry is one measure of its success. It is not a simple regime. To many, it is worryingly complex and, with the introduction of EU anti-market abuse law and regulations, and the implementation of the EU Market Abuse Regulation in 2016, has become even more so. However, so is market abuse. To keep pace with the chameleon-like changeability of schemes to win unfair profits in the financial markets, the regulators need a significant degree of indeterminate flexibility.
The 2014 Gaza War
Authors: Weill Sharon , Azarova Valentina 
Published: August 2024

Abstract
This chapter examines the 2014 Gaza War. The 51 days of hostilities in the Gaza Strip in the summer of 2014 was the twelfth round of massive fighting that had happened in that area since 1948 and the third one since Israel ‘disengagement’ from Gaza in 2005. These hostilities led to a huge number of civilian casualties. The chapter looks at events that are relevant to the context in which the hostilities of 2014 occurred. The chapter assesses key issues related to jus ad bellum, jus in bello and accountability that have been raised by the hostilities. It looks into the possibility of invoking the right to self-defense, as the legal justification for the use of force in the Gaza conflict context. The chapter then surveys specific violations of the principles on the conduct of hostilities under international humanitarian law (IHL) committed during the 2014 hostilities by the Israeli military and Palestinian armed groups. The final part discusses the effects of recent developments related to individual accountability for IHL violations in the Israel/Palestine setting with particular attention to the prospects of Palestine's accession to the International Criminal Court (ICC).