bluuebunny/crossref_metadata_2025_split huggingface dataset:
Contextual Provisions (Preamble and Article 1)
Authors: Carazo María Pía 
Published: August 2024

Abstract
This chapter takes up the preamble and Article 1 of the Paris Agreement. It traces their negotiation histories and provides more thorough analyses of the clauses contained therein. Aside from the usual preambular clauses found in international treaties, the Paris Agreement is unique for the fact that it goes beyond the realms of international climate and environmental law in various ways. In particular, it is the first multilateral environmental agreement to incorporate references to human rights, the rights of particular groups, gender equality, and intergenerational equity, as the chapter demonstrates. Article 1, the more succinct of the pair discussed in this chapter, meanwhile follows the Kyoto Protocol in its basic approach. It consists of an opening clause which incorporates the definitions contained in Article 1 UNFCCC into the Paris Agreement and defines three additional terms, namely: Convention, Conference of the Parties, and Party.
Objective (Article 2.1)
Authors: Thorgeirsson Halldór 
Published: August 2024

Abstract
This chapter analyses the objective statement of Article 2 of the Paris Agreement. This statement reflects the overall objective of the Paris Agreement to manage the global risks associated with climate change. It does so by combining into one the interrelated objectives of limiting climate change, of increasing the ability to adapt to climate change, and of making global finance flows consistent with a low-emission and climate resilient development path. It also firmly anchors the global response to climate change within sustainable development and efforts to eradicate poverty. This chapter thus details how Article 2 of the Paris Agreement, in conjunction with the other international instruments of the climate change regime, comprehends and effects these objectives.
Mitigation (Article 4)
Authors: Winkler Harald 
Published: August 2024

Abstract
This chapter turns to Article 4 of the Paris Agreement, which covers mitigation. The provisions on mitigation are in fact a central part of the Agreement. Thus, Article 4 opens with a long-term goal for mitigation, framing the core provisions, which are binding individual obligations of conduct, called nationally determined contribution (NDCs) on mitigation. Mitigation NDCs represent an evolution, from general commitments for all, with additional commitments for some under the UNFCCC. The Paris Agreement places legal obligations (within the overall form of a treaty) on all countries to have successive mitigation NDCs and to pursue domestic measures to achieve their objectives (Article 4.2).
Capacity-building (Article 11)
Authors: d’Auvergne Crispin , Nummelin Matti 
Published: August 2024

Abstract
This chapter addresses capacity-building, which the Paris Agreement focuses on in Article 11. The Article is moreover supported and operationalized by paragraphs 71–81 of Decision 1/CP.21. The general purpose of capacity-building, as addressed in Article 11, is to enhance the ability of developing countries to take effective climate change action in fulfilment of the objective of the Convention, and of the purpose and obligations of the Agreement. Article 11 reaffirms the nature, scope, and fundamental principles of capacity-building as developed by the Parties to the UNFCCC up until 2015. It is of special importance because this is the first time that capacity-building is laid down in a stand-alone provision within the UNFCCC regime, separate from other means of implementation.
Education, Training, Public Awareness, Participation, and Access to Information (Article 12)
Authors: Collado Jeniffer Hanna 
Published: August 2024

Abstract
This chapter turns to Article 12 of the Paris Agreement, which recognises the importance of education, training, public awareness, public participation, and public access to information (ACE) to achieve the implementation of the Paris Agreement and the ultimate goal of the Convention. This chapter briefly reviews the context and negotiation history of the Article. It also analyses the scope of the provision and the tasks that countries will need to engage in, in order to fill the gaps and needs of Parties to implement ACE activities, such as education strategies and financial resources in preparation of the Agreement's entry into force. Since the adoption of the Convention, education has been acknowledged as fundamental for an adequate global response to climate change. To conclude, a critical evaluation and final remarks on ways to facilitate the implementation of Article 12 of the Paris Agreement are given.
Epilogue
Authors: Higham Andrew 
Published: August 2024

Abstract
This concluding chapter looks toward the large-scale transformation that needs to be done in order to achieve a state in which human activity is in balance with the climate system. It argues that the Paris Agreement alone will not be sufficient to bring about climate change. In doing so the chapter explores many other areas for improvement across all sectors of the global economy, arguing that meeting the long-term temperature goal of the Paris Agreement is indeed possible, but only with unprecedented and deliberately sustained policy reform, rapid technological learning, and disruptive market and investment innovations for decades. The chapter also argues that despite the recent positive developments toward climate change, the framework conditions for success have not been fully established. It examines further options that can be done to accelerate this process and make use of the Paris Agreement to its fullest potential.
Introduction
Authors: Murray Daragh 
Published: August 2024

Abstract
This introductory chapter sets out the book’s purpose, which is to provide specific guidance on the application of international human rights law for the armed forces. It draws on international case law, decisions, and reports on how that body of law may apply in relationship with the law of armed conflict to the planning, training, and conduct of military operations. While the book is concerned primarily with giving guidance to the armed forces for the conduct and preparation of military operations, it also recognizes that it is States that will be internationally responsible for violations of human rights law committed by their armed forces. Thus, it discusses briefly the need to defend cases adequately before courts and other bodies charged with applying human rights law. An overview of the subsequent chapters is also presented.
Rules of Engagement
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter discusses rules of engagement, which regulate the scope of permissible activity in a military operation. While they do not themselves constitute a legal framework, they are an effective means of promoting compliance with legal requirements. Relevant requirements may include international law, the domestic law of the national forces, and, in certain cases such as peace support operations, the law of the host State. In relation to the conduct of hostilities, rules of engagement set out the circumstances in which force may be used, and the level of force that may be applied. Rules of engagement are likely to be formulated based on the applicable legal requirements; political or policy-based factors; and the military and operational requirements of a particular operation. Rules of engagement cannot expand the scope of permissible activity beyond the constraints established by the law, and do not modify the applicable law.
Air Operations
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter addresses the law of armed conflict and international human rights law requirements relevant to air operations. These include those conducted during international armed conflict, non-international armed conflict, and situations not constituting armed conflict. The chapter begins by distinguishing between civil and military aircraft. It then discusses basic rules and target discrimination; methods and means of warfare (e.g. air-to-surface missiles, incendiary weapons, laser weapons, blockade, war zone restrictions, air-to-air combat, and aircraft in distress and aircrew in enemy-held territory); measures short of attack: interception, visit, search, diversion, and capture; interception, landing, and inspection of enemy medical aircraft; the control of airspace in non-international armed conflict and situations short of armed conflict; and air security operations (e.g. anti-hijacking operations, anti-drug trafficking operations, arms embargo interdictions, and weapons interdictions).
Cyber Operations
Authors: Murray Daragh 
Published: August 2024

Abstract
This chapter deals with cyber operations undertaken by States during situations of armed conflict. Cyber operations may be divided into two broad categories: cyber operations involving monitoring activities and cyber operations involving effects-based activities. Cyber operations involving monitoring activities collect or gather information but do not modify or interfere with that information in any way. They are passive operations. Effects-based cyber operations are those operations that are not restricted to passive monitoring and which produce a tangible effect, either in cyber space or in the material world. The chapter discusses cyber operations as an ‘attack’ within armed conflict; determining the applicable legal framework; relevant international human rights law requirements; cyber operations and direct participation in hostilities; and cyber operations involving non-State actors occurring in the context of armed conflict.
Enforcement
Authors: Murray Daragh 
Published: August 2024

Abstract
The enforcement of the law of armed conflict and international human rights law as applicable to military operations requires a number of measures to be taken. Means of enforcement include the investigation and prosecution of crimes established under either body of law, inquiries and complaints against States, reprisals, and demands for reparations. Enforcement is also improved by measures to avoid non-compliance in the first place, including through dissemination of the principles of the law of armed conflict and international human rights law, by training forces in the law, and ensuring the presence of legal advisers. This chapter focuses on investigations into suspected violations. It also addresses issues relating to reparation, prosecution before international judicial bodies, and reprisals.
What is Transnational Criminal Law?
Authors: Boister Neil 
Published: August 2024

Abstract
Chapter two provides a conceptual explanation of the nature of transnational criminal law. It sets out the difficulties of describing a system that is partly international and partly domestic in nature, and explores each of these dimensions in depth. The chapter examines the elements of the international provisions for criminalization and for punishment and how these are domesticated, and then turns to the international provisions for international cooperation of a procedural kind. It then discusses a capita selecta of relevant topics including how transnational criminal law is distinguished from international criminal law stricto sensu and whether transnational criminal law is systemic in nature. Finally, it identifies transnational criminal law’s goals and values, engaging in a critique of the paucity of human rights protection.
Piracy and Maritime Safety Offences
Authors: Boister Neil 
Published: August 2024

Abstract
The crime of piracy is designed to ensure maintenance of the freedom of the high seas and suppress criminal activity that interferes with it. This chapter argues that piracy is the first historical example of a transnational crime. It discusses the history of the crime and then examines the elements of the modern forms of piracy and of the maritime security offences developed under the auspices of the International Maritime Organization (IMO), exposing how the shortcomings of the former led to the development of the latter. The recent revival of depredation at sea, makes this discussion of significant practical importance.
Slavery and Human Trafficking
Authors: Boister Neil 
Published: August 2024

Abstract
The ‘discovery’ that the commercial trade in human beings still exists has sparked renewed interest in suppression of slave trading and related practices. The size of the problem is difficult to assess but has justified a massive legislative and institutional response. This institutional response turns upon the development of criminalisation of different forms of exploitation of humans, a piecemeal and reactive process. This chapter charts the gradual criminalization of slave trading as a transnational crime. It then examines the evolution of its modern analogue, human trafficking, and the development of the container concept, modern slavery, before dealing with the protection of victims.
Drug Trafficking
Authors: Boister Neil 
Published: August 2024

Abstract
In the twentieth century a sophisticated treaty regime, now a centrepiece of transnational criminal law, was developed both to ensure the supply and use of drugs for medical and scientific purposes and to suppress the non-medicinal supply and use of drugs. The focus of this chapter is on the latter function. The chapter traces the development of the global prohibition of illicit drug supply and use from fairly rudimentary roots to very detailed rules. The rationale of the international illicit drug control system is that effective domestic control of drug abuse is impossible if other states do not (i) control illicit drug production and trafficking in the territories under their control and (ii) coordinate these efforts globally. The criminalization and punishment of illicit drug production, supply and use, is considered crucial to these goals.
Terrorism
Authors: Boister Neil 
Published: August 2024

Abstract
This chapter examines the suppression of terrorist activities in these different ‘sectoral treaties’ dealing with the criminalization of aviation offences, hostage-taking, attacks on UN personnel, nuclear terrorism, maritime security crimes and offences, terrorist bombing and terrorist financing. It then looks at the prospects for a comprehensive UN Anti-terrorism Convention, before moving to a discussion of the novel and precedent-setting criminal-law-making role of the UN Security Council in taking counter-terrorism measures. Lastly, it assesses the suppression of terrorism’s vexed relationship with human rights and efforts to reclassify terrorism as a core international crime, an attempt to try to take the particularist state-interest dimension out of anti-terrorism and replace it with a more palatable general international community interest.
Corruption
Authors: Boister Neil 
Published: August 2024

Abstract
This chapter examines the development of the various corruption offences showing how the emphasis in regard to criminalization of corruption offences expanded from a narrow focus on transnational corruption to a broader focus that included different forms of domestic corruption, and the extension of the scope of criminality through related offences such as trading in influence and unexplained enrichment. It looks at the origins of these offences in domestic law, the development of measures based on regional conventions, and finally at the measures developed under the auspices of the UN and through soft law, before surveying their effectiveness.
Environmental Crimes
Authors: Boister Neil 
Published: August 2024

Abstract
Environmental crimes include natural resource crimes, involving the trafficking of valuable natural resources through, for example, the illegal trade in flora and fauna, illegal fishing, and illegal logging, and pollution crimes involves polluting activities such as the smuggling of ozone-depleting substances and the illegal movement and disposal of hazardous waste. This chapter examines a number of these crimes including international, illegal and unregulated fishing (IUU fishing), illegal trading in endangered species, illegal logging, pollution, illegal transboundary movement of hazardous waste, before speculating on the future development of environmental crimes.
Firearms Trafficking
Authors: Boister Neil 
Published: August 2024

Abstract
Small arms and light weapons (SALW) are critical to the violence implicit and explicit in much transnational crime yet the trafficking in these weapons is difficult to suppress because of the largely unregulated parallel legal trade in these weapons. This chapter explores the back to front approach of international society beginning with the development of the Firearms Protocol in an attempt to criminalise certain SALW trafficking activities, and then shifts its attention to more recent attempts to prevent diversion from the licit trade which culminated in the Arms Trade Treaty.
Illicit Trafficking in Cultural Artefacts
Authors: Boister Neil 
Published: August 2024

Abstract
The trafficking of works of art and other movable cultural artefacts is growing in incidence but the response has been limited Cultural artefacts of all kinds—paintings, statuary, pottery, books—are looted or stolen in producer/source states only to find themselves ‘lawfully’ for sale on the antiques or art market in collector states. This chapter sets out the nature of the illicit traffic in cultural artefacts, before examining the most significant international instruments which have been adopted in the effort to control if not to suppress this traffic, with a particular focus on measures with a specific criminal content, including the most recent development, the Council of Europe’s Nicosia Convention.
International Law Enforcement Cooperation
Authors: Boister Neil 
Published: August 2024

Abstract
When a state establishes its criminal jurisdiction over a particular transnational crime, that prescription renders a particular action potentially criminal. To have a concrete effect, that jurisdiction once established must be enforced through investigation and trial of the particular offence. This chapter explores the state’s jurisdiction over transnational crime through the work of its law enforcement agencies, and focuses in particular on law enforcement cooperation with other states because of the inherent difficulties of extraterritorial law enforcement. It covers both police cooperation and other forms of mutual assistance in administrative matters which have an investigative and crime prevention function.
Legal Assistance
Authors: Boister Neil 
Published: August 2024

Abstract
Legal assistance comprises activities that require legal authority such as the gathering of admissible evidence, the service of legal documents, and the recovery of assets extraterritorially. States cannot undertake these activities unilaterally because of the territorial limit on law enforcement. States are thus compelled to seek legal assistance (mutual legal assistance, judicial cooperation) from the territorial state to enforce their coercive powers in another jurisdiction. This chapter briefly discusses the nature of legal assistance and its development, before examining the provisions in the suppression conventions setting out the scope of legal assistance obligations, the range of kinds of legal assistance that can be requested, the conditions for legal assistance, and the procedure for making requests. It then comments on the rights of individuals within the legal assistance process and alternative methods of acquiring evidence abroad.
Extradition of Transnational Criminals
Authors: Boister Neil 
Published: August 2024

Abstract
This chapter examines the function and development of extradition in the pursuit of a ‘no-hiding place’ strategy for alleged transnational criminals and fugitives. It begins by discussing the nature of the legal basis for extradition. The main focus is on the conditions for and bars to extradition including human rights bars. It then looks at future developments in the law of extradition. Finally, the chapter introduces those situations where the law fails and states engage in alternatives to extradition such as abduction, deportation, and extraordinary rendition.
Implementation and Compliance
Authors: Boister Neil 
Published: August 2024

Abstract
The goal of transnational criminal law is the suppression of crime. Achieving this goal requires effective implementation of the rules in the suppression conventions—both substantive and procedural—in national law, and effective compliance with these rules. The general view however is that while the international frameworks are adequate their implementation is poor. This chapter reviews implementation and compliance very briefly and then turns to mechanisms for reviewing, supporting, and coercing action by parties to implement and comply. It then looks at the prospects of a transnational criminal court to further compliance, before concluding with some comments about whether the system is having the desired normative effect on states and individuals.
The Future Development of Transnational Criminal Law
Authors: Boister Neil 
Published: August 2024

Abstract
The development of transnational criminal law has not resulted in the complete harmonization of the domestic criminal laws of participating states. But domestic criminal laws and procedures (especially those for international cooperation) do look a lot more alike and, perhaps more importantly, they are able to work together without as much friction as they did a century ago. This chapter speculates on the track that future development of transnational criminal law is likely to take. It discusses development thus far and then shifts the discussion to a movement away from a state centred crime control model to a more principled model or transnational criminal justice, setting out some possible principles.
Respecting Customary Practices
Authors: Strecker Amy 
Published: August 2024

Abstract
This chapter analyses Article 13(d) (ii) of the 2003 ICHC with respect to customary practices. First, it traces the consideration of customary practices from the early discussions on a standard-setting instrument to its eventual formulation in Article 13 of the Convention. Second, the chapter discusses the scope and implications of Article 13(d)(ii) with reference to concrete examples of its interpretation and use in nomination files, as well as its connection to other articles of the Convention. Last, Article 13(d)(ii) is considered in light of its relationship to other international instruments, particularly the two international human rights covenants of 1966, the United Nations Declaration on the Rights of Indigenous Peoples, the Convention on Biological Diversity and the World Heritage Convention. While the latter contains no such clause concerning respect for customary practices of communities, Article 13(d)(ii) of the ICH Convention provides that each State Party shall endeavour to adopt measures aimed at ensuring access to the ICH while respecting customary practices governing access to specific aspects of such heritage. Furthermore, Article 13(d)(ii) can be viewed as a backdoor to asserting a certain degree of autonomy in the absence of other provisions in the Convention recognizing indigenous customary norms more generally.