bluuebunny/crossref_metadata_2025_split huggingface dataset:
Committee against Torture
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 17 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 17 sets out the requirements for a Committee against Torture. Among them are that the Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience. Elections of the members of the Committee shall be held at biennial meetings of States Parties convened by the Secretary-General of the United Nations. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated.
Annual Report
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 24 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The article states that the Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations. The Convention against Torture Committee is, together with the International Convention for the Protection of All Persons from Enforced Disappearance, the only treaty monitoring body which, pursuant to Article 24 of the Convention against Torture, shall report directly to the States parties and the General Assembly. The annual reports of the Convention against Torture Committee are published as Supplements to the Official Records of the General Assemby and are at the same time transmitted to all States parties to the Convention. In addition to organizational and procedural matters, the annual reports contain comprehensive chapters on the activities of the Committee under the State reporting, inquiry and individual complaints procedures.
System of Preventive Visits to Places of Detention
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 1 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 1 of the Optional Protocol defines the objective of the Protocol by highlighting its main features: First, the Optional Protocol creates a two-pillar system by visits being carried out by both international and national mechanisms. Second, the obligation of States parties to permit regular visits to places of detention is established. Third, the Optional Protocol is based on the principle of cooperation between the State party, the Subcommittee on Prevention of Torture and the national preventive mechanisms. Fourth, prevention of torture and other ill-treatment is defined as the aim of the visits.
National Preventive Mechanism
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 3 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 3 of the Optional Protocol introduces the national visiting body of the Optional Protocol's two-pillar system by obliging the States parties to set up, designate, or maintain one or more domestic visiting bodies for the pevention of torture and other ill-treatment, referred to as a national preventive mechanism. This obligation is the innovative feature distinguishing the Optional Protocol from its regional counterpart, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
Nomination of Subcommittee Members
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 6 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The members of the subsidiary body of the Convention against Torture Committee (SPT) are nominated and elected exclusively by States parties to the Optional Protocol, rather than by the Committee itself. In establishing such a system, the drafters wished to underline the extent to which the SPT is, in practice, independent from the Convention against Torture Committee. The right of States parties to nominate candidates and the procedure of elections at a meeting of States parties are similar to other UN human rights treaties.
Election of the Subcommittee
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 7 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The members of the Subcommittee on Prevention (SPT), despite its nature as a subsidiary body of the Convention against Torture Committee, are nominated and directly elected by the States parties to the OP without any involvement of its parental body. This was not uncontroversial during the drafting of the Optional Protocol. However, ultimately the delegates of States prevailed who argued that the usual procedure of nominating and electing UN human rights treaty-monitoring bodies should also be followed with regard to the case of the SPT.
Mandate of the Subcommittee
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 11 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 11 defines the core preventive mandate of the Subcommittee on Prevention (SPT) as follows: conducting country missions and preventive visits to places of detention; advising and assisting States parties and national preventive mechanisms; and cooperating with relevant international, regional and national organizations and institutions in the field of torture prevention. The competences of the SPT and the corresponding obligations of States parties in relation to country missions are further defined in Articles 12 to 16 of the Optional Protocol, while the respective provisions for national preventive mechanisms are set out in Articles 17 to 23.
Reports of the Subcommittee
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 16 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. After every country mission, the Subcommittee on Prevention shall draw up a report, including its recommendations and observations to the State party concerned. Despite the fact that the principle of confidentiality laid down in Article 2(3) of the Optional Protocol constitutes one of the main principles of the Protocol, the drafters of Article 16 attempted to strike a fair balance between the principle of confidentiality and the need for transparency and publicity of its activities, taking into account the respective provisions of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
Independence, Pluralism, and Efficiency of National Preventive Mechanisms
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 18 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The role of national preventive mechanisms within the universal system of torture prevention is of special significance, especially as the novelty of the whole system ‘lies in requiring states to utilize such mechanisms in combating torture as a matter of international legal obligation’. Article 18(4) of the Optional Protocol explicitly refers to the Principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) that States shall only give ‘due consideration’ to when establishing national preventive mechanisms. Hence, the provisions of Article 18 are interpreted in light of the travaux préparatoires and the Paris Principles.
Mandate and Power of National Preventive Mechanisms
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 19 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The mandate and power of national preventive mechanisms, as defined in Article 19, must be read together with the corresponding obligations of States parties under Articles 17, 18, and 20 to 23 of the Optional Protocol. The main function of national preventive mechanisms is to conduct regular visits to all places of detention in their respective country, to examine the conditions of detention therein and the treatment of detainees with a view to strengthening their protection against torture and ill-treatment. The purpose of visits to places of detention is threefold: preventive, fact-finding and as a means of cooperating with the government concerned. Whereas Art. 1 of the Optional Protocol stresses the preventive function of visits to places of detention as the overall objective of the Protocol, Article 19 concentrates more on the fact-finding task of national preventive mechanisms.
Obligation of States Parties to Examine the Recommendations of National Preventive Mechanisms
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 22 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 22 states that, ‘ The competent authorities of the State party concerned shall examine the recommendations of the national preventive mechanism and enter into a dialogue with it on possible implementation measures’. It derives from the principle of cooperation between the States parties, the Subcommittee (SPT) and national preventive mechanisms that the recommendations by both visiting bodies have to be taken seriously by the authorities. This duty of States parties vis-à-vis the SPT was laid down in Article 12(d) of the Optional Protocol, which formed the model for an identical provision in relation to the national preventive mechanisms in Article 22 OP.
Temporary Opting-Out Declaration
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 24 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 24 of the Optional Protocol provides States parties with the opportunity to make a declaration to the effect that the competences of the Subcommittee on Prevention of Torture or of the respective national preventive mechanism will be postponed for a maximum of three years. If need be, this period may be extended for another two years. This particular ‘opting-out declaration’ was introduced by the Chairperson-Rapporteur in 2002 as a compromise for those States, including the United States and Saudi Arabia, which opposed the general prohibition of reservations to the Protocol. As of November 2017, only seven States parties to the Optional Protocol have made use of the possibility to postpone the implementation of their obligations under the Protocol.
Validity in Federal States
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 29 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 29 uses the same wording as Article 50 of the International Covenant on Civil and Political Rights and Article 10 of the first Optional Protocol to the International Covenant on Civil and Political Rights. This provision, which might be called an ‘anti-federal clause’, clearly indicates that the Protocol and its provisions shall be binding for the whole territory of each State party, irrespective of its actual given (political) structure. This interpretation is in line with Article 29 of the Vienna Convention on the Law of Treaties, referring to the ‘[t]erritorial scope of treaties’ and stipulating that: ‘Unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory’.
Principles of International Energy Transition Law
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
Energy transition is a complex global problem. Complicating energy transition governance and energy transition policies cut across multiple legal silos (human rights law, environmental law, international economic law, finance law, energy law, law of the sea, transnational commercial law, etc.). As of yet, there is no succinct treatment of the legal principles that govern energy transition as a phenomenon seen as a whole (rather than through the fragmented lens of different legal discourses). This book fills this gap and provides a single resource that brings all these different legal regimes under one roof. It outlines the interactions between them and gives direction on how they can be reconciled. The book introduces the energy transition problem by situating the climate emergency in its broader energy context, showing how global energy value chains are deeply enmeshed in and drive global economic and human development. Energy transition is faced with a trilemma between energy equity to provide access to energy needed to fuel human development around the world, energy security to provide for resilient and reliable energy systems, and environmental sustainability. In response to this, the book develops thirty-two international legal principles governing different aspects of the trilemma. It then uses a commons governance perspective, to assist in a holistic approach to balancing the different limbs of the trilemma—and the different legal principles—against each other. Its integrated and solution-oriented approach makes the book an important addition for the field. Special sections summarize the most important concepts and ideas for easy reference, making the title particularly accessible for students and policy-makers as well as law practitioners.
Why Energy Transition?
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter highlights the importance of energy transition in correlation with energy equity and energy security. Since energy plays a central role in the global economy today, it is vital to understand the climate imperative and how global energy supply chains underlie global economic value chains in general. As energy transition reshapes the global economy and globalized economic value chains, energy transition responds to other policy imperatives beyond climate change. Energy equity requires more than simply the construction of power plants as it needs integration into global economic value chains together with fair access to energy. Moreover, energy security primarily refers to the resilience of global energy systems.
Governance of Energy Transition Policies
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter focuses on the governance of energy transition policies while considering the idea of polycentric and bottom-up governance. It cites the importance of understanding the actors that participate in international standards setting affecting the energy transition. Bottom-up governance brings in more than just traditional state regulators, while also inviting a great number of other stakeholders to the table, like international organizations and private sectors. The main actors that determine the international energy transition pathways are authors of international norms. The chapter mentions that polycentric governance is a key feature of any successful approach to complex resource problems like the energy transition.
International Law-making and Fragmentation
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter discusses international law-making and fragmentation in correlation to the complexity of energy transition. The polycentric nature of energy transition governance increases the potential norm authors contributing to the development of relevant international legal rules. Thus, the ‘fragmentation’ of international law indeed frustrates the attempt to conceive a hierarchical, axiomatic international law of energy transition. The chapter considers the chief regimes governing energy transition, such as general international law and international environmental law. It acknowledges the danger of overriding the fundamental values of any one enterprise is a dangerous proposition since each value is weight-bearing in the international system.
The Climate Principles
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter provides an overview of the substantive international legal principles governing energy transition. It enumerates the principles of international climate law, wherein the first two principles were the climate-specific no harm principle and the sovereign choice of means principle. The principles developed here in the relevant provisions of the Paris Agreement, the Katowice Protocol, and the Glasgow Climate Pact. The chapter offers a historical perspective to further the understanding of how the principles were established despite the implementation of international environmental law. It cites that the conceptual linkages between principles present a coherent climate perspective for the governance of future energy transition pathways.
The Energy Equity Principles
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter provides an overview of the substantive international legal principles governing energy transition. It enumerates the principles of international climate law, wherein the first two principles were the climate-specific no harm principle and the sovereign choice of means principle. The principles developed here in the relevant provisions of the Paris Agreement, the Katowice Protocol, and the Glasgow Climate Pact. The chapter offers a historical perspective to further the understanding of how the principles were established despite the implementation of international environmental law. It cites that the conceptual linkages between principles present a coherent climate perspective for the governance of future energy transition pathways.
Due Diligence
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter elaborates on the notion of due diligence, which is the thread weaving through energy transition and the Energy Transition Principles. It considers the perspective of due diligence as a minimum obligation of conduct to avoid liability with a view of due diligence as a practice aiming at the fulfilment of valued outcomes. The four distinct phases of due diligence are information gathering, risk mitigation planning, monitoring, and adaptation. The chapter explains how due diligence is capable of both providing and digesting the inputs necessary to govern energy resources through a correlative rights lens. It clarifies that due diligence alone does not suffice to implement the Energy Transition Principles.
Liability and Dispute Settlement
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter covers the role of dispute resolution in the broader framework of realizing a successful energy transition. International lawyers frequently consider that one of their chief contributions to energy transition is dispute resolution. The chapter then discusses the role of national courts and tribunals as agents of energy transition and as implementers of the Energy Transition Principles in a bottom-up, networked governance system. Courts also provide a safeguard for an orderly process of decision-making by governments. The chapter then outlines a rubric of how international dispute resolution can be a successful engine of energy transition outcomes consistent with the Energy Transition Principles.
Past and Present of the International Economic Order
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter provides an overview of the history of the International Economic Order. It starts with the principles affecting international economic relations. The gap between industrialized and developing countries catalysed the demand for a new equilibrium in the international economic system and enhanced the consideration of the needs and interests of developing countries. The chapter elaborates on the system of the World Trade Organization (WTO) and the regional integration of markets before detailing the chances, risks, and asymmetries of economic relations' globalization. It then considers the complex and controversial relationship between economic interdependence and international security, which references the economic incentive to avoid military conflicts with trade partners.
Sovereignty and International Economic Relations
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter examines the correlation between sovereignty and international economic relations. The modern concept of sovereignty often involves the response to globalization and deference to democratic choice. The principle of non-intervention, universally recognized as one of the cornerstones of international law, was often mobilized against the conditions for credits and other financial benefits by the World Bank and other lenders. The chapter cites that the sovereign equality of States is also the root of State immunity from jurisdiction and enforcement measures of other States. It also considers the specifics surrounding the regulation of cyberspace and the application of foreign laws.
Human Rights and International Economic Relations
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter tackles the significance of human rights in correlation with international economic relations. In recent decades, the right to food, the right to health, and the right to water have emerged as social standards with implications for international economic law. Similar to fundamental rights on the national level, international human rights simultaneously protect the private sphere of life alongside entrepreneurial activities and property. The chapter then considers the treaties on economic cooperation and economic integration primarily concerned with human rights issues. It presents the current state of international law wherein private companies, as non-state actors, are not directly bound by human rights.