bluuebunny/crossref_metadata_2025_split huggingface dataset:
Environmental Health
Authors: Hesselman Marlies , Meier Benjamin Mason 
Published: June 2024

Abstract
This chapter, “Environmental Health,” examines the importance of global efforts to address environmental risks that have the potential to adversely affect human health, analyzing how global health law and policy have been employed to address globalized environmental health threats. Public health and environmental conditions are inextricably linked, with a safe environment underlying global health; yet global environmental risks are not felt equally throughout the world. These inequitable public health threats disproportionately impact low- and middle-income countries and vulnerable populations, including children, older persons, and racial and ethnic minorities. Global health law is crucial to ensuring justice in environmental health. Increased understanding of the global nature of environmental determinants of health has given rise to global efforts to regulate environmental pollutants, seeing international law as necessary to protect global public goods—including access to safe drinking water and the promotion of clean air. Addressing these environmental health concerns, international environmental law, human rights law, and global health law contribute to responding to globalized environmental risks to public health, but the continuing advancement of these legal responses will require World Health Organization leadership and a “One Health” approach across institutions of global health governance.
Economic Development Policy
Authors: Desierto Diane A , Patterson Erica 
Published: June 2024

Abstract
This chapter, “Economic Development Policy,” focuses on the critical role of development decision-making and poverty alleviation in the realization of public health outcomes. Economic development policy shapes public health, insofar as economic development policy influences determinants of health, including the persistence of intersectional inequalities faced by the most vulnerable communities that materially affect health outcomes. Economic development policy, as set by international financial institutions such as the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank), can be viewed as global health policy, particularly when development lending facilities and programs are purposely designed toward realizing desired population health targets and community health needs. Multidimensional development governance to advance public health—which considers medical, scientific, economic, environmental, and social determinants for overall public health—emerged to a large extent from the international reconceptualization of economic development policy as global public health policy. The World Bank has since begun to address intersectional concerns in framing its funding policies to advance global health—through a multidimensional approach to understanding social inclusion, public health, and human rights in economic development—but these global health efforts have faced implementation challenges in regional, national, and local contexts.
International Trade Governance
Authors: Forman Lisa , Perehudoff Katrina , Wu Chuan-Feng 
Published: June 2024

Abstract
This chapter, “International Trade Governance,” examines how international trade governance has impacted global health and how global health advocates have challenged international trade law. The 1995 creation of the World Trade Organization (WTO) expanded global governance over the trade of goods, services, and intellectual property rights, with the result that states have often seen their health regulations subverted to trade imperatives. This international trade system has constrained government public health authority to regulate harmful products in international commerce, with states and corporations enforcing these free trade imperatives through the WTO’s binding dispute settlement system. The WTO has extended its binding influence over global health through a range of international trade agreements, with this impact exemplified by the influence of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) on access to medicines. Human rights campaigns against the TRIPS Agreement have achieved some concessions in trade governance, but they have not significantly ameliorated international trade law—within or beyond the WTO. Despite hard won diplomatic concessions to ensure access to underlying determinants of health, it remains unclear whether ongoing changes to international trade governance can effectively respond to the deleterious impacts of the international trade regime on global health.
Antimicrobial Resistance
Authors: Weldon Isaac , Hoffman Steven J 
Published: June 2024

Abstract
This chapter, “Antimicrobial Resistance,” considers how international law can be leveraged to address antimicrobial resistance (AMR) globally, including in supporting multisectoral and multilateral cooperation. AMR is a natural evolutionary process that renders essential antimicrobial medicines like antibiotics ineffective. Given the vital global importance of effective antimicrobial medicines in human health, animal health, and food systems—and the potential for resistant pathogens to become pandemic threats—AMR is among the most complex and urgent health challenges. To mitigate these threats, international law can unite One Health sectors and address the interdependent challenges of: expanding access to effective drugs; conserving the remaining stock of effective antimicrobials; fostering innovation for new antimicrobials, diagnostic technologies, and therapies; and improving infection prevention measures. In the absence of strong global coordination, various international bodies have pioneered discrete initiatives for AMR. However, none of these initiatives have produced the comprehensive, binding, and enforceable mechanisms that AMR demands. Where new legal mechanisms are required to adequately address the complex challenges of AMR, potential pathways exist for achieving such regulations, including the recent increase in attention and institutions focused on AMR, as well as the potential for law to improve global health governance and mobilize global collective action.
Health in Conflict
Authors: Getgen Kestenbaum Jocelyn , Meier Benjamin Mason 
Published: June 2024

Abstract
This chapter, “Health in Conflict,” addresses the relationship between international humanitarian law and global health policy in both safeguarding public health and protecting human rights in conflict-affected settings. While the International Committee of the Red Cross (ICRC) has long overseen humanitarian responsibilities under international law, the changing nature of conflict and increasing harms to civilians—from World War II to today—has reframed international humanitarian law obligations to support the rule of law in complex emergencies. This has been achieved through the Geneva Conventions and rising global institutions to address the protection of civilians and other noncombatants in international armed conflict (IACs) and non-international armed conflicts (NIACs). These institutions that apply international humanitarian law provide a path to address major public health challenges in conflict-affected settings, including infectious diseases; non-communicable diseases; mental health and trauma; sexual and reproductive health and violence prevention; and water, sanitation, and hygiene. In conflict-affected settings, health professionals can become either complicit in human rights abuses or subject to human rights violations themselves. Considering past perpetration of human rights abuses and international crimes—including war crimes, crimes against humanity and genocide—by aid professionals, it is critical for global health law to address the threat to health care from attacks against health systems amid complex humanitarian emergencies instigated and exacerbated by armed conflict.
Climate Change
Authors: Phelan Alexandra , Daalen Kim van 
Published: June 2024

Abstract
This chapter, “Climate Change,” addresses the greatest threat to global health this century: climate change. From extreme weather events, shifting habitable ranges of infectious diseases and their vectors, decrease in biodiversity and food security to air pollution, clean water, and mental health, climate change poses an existential challenge to realizing global health. International legal efforts to govern responses to climate change have included the United Nations Framework Convention on Climate Change (1992) and its protocols, the Kyoto Protocol (1995) and Paris Agreement (2015). However, while these instruments and decisions have increasingly recognized the health impacts of climate change, tangible action to mitigate and adapt to climate change to protect global health remains significantly inadequate. Climate action provides significant opportunities for global health co-benefits beyond climate justice. The climate crisis requires law and policy efforts to ensure strengthened health systems, the realization of universal health coverage, amending the dynamics of political influence, and decolonizing both international law and global health. While protecting health has been seen as a motivator for climate action, the COVID-19 pandemic may require rethinking the paradigms of government accountability and action to protect health for all.
Obligation to Prevent Torture
Authors: Zach Gerrit 
Published: June 2024

Abstract
This chapter discusses Article 2 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 2(1) constitutes the corresponding umbrella clause in respect of torture as defined in Article 1. According to Article 2, States parties shall take effective legislative, administrative, judicial, and other measures to prevent torture in any territory under their jurisdiction, i.e. also on-board ships and aircraft, in occupied and other territories under their jurisdiction. In addition to the preventive obligations explicitly enlisted in the Convention, the umbrella clause in Article 2(1) requires States parties to take other effective measures aimed at preventing torture. Such measures relate primarily to guarantees in the context of the right to personal liberty and the right to a fair trial.
Review of Detention and Interrogation Rules
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 11 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Although Article 11 constitutes one of the most important safeguards for the prevention of torture and other forms of ill-treatment by establishing the formal obligation to keep interrogation and detention rules under systematic review. Article 11 is meant to further reinforce the general obligation of States parties under Article 2(1) and Article 16 to take effective measures to prevent torture and other forms of ill-treatment. In other words, Article 11 plays a key role in the practical implementation of the Convention obligations and by setting up a duty for States to review their rules and practices systematically aims at closing the gap between the law and practice.
Ex Officio Investigations
Authors: Birk Moritz 
Published: June 2024

Abstract
This chapter discusses Article 12 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. One of the most important objectives of the Convention against Torture is combating impunity. It obliges states to criminalize torture (Article 4), to establish (universal) jurisdiction over the crime (Articles 5 to 9), and thereby to ensure that there is no ‘safe haven’ for torturers. Moreover, victims of torture need to have the effective possibility to complain about torture without having to fear reprisals and have their case promptly and impartially investigated by competent authorities (Article 13). Article 12 reinforces the investigative duty by shifting the responsibility of initiating an investigation to the State.
Non-Admissibility of Evidence Obtained by Torture
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 15 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 15 is an important provision supplementing the absolute prohibition of torture. The scope of Article 15 exceeds the rights of the accused in criminal proceedings and excludes any use of evidence obtained by torture in any proceedings, be they criminal, civil or of administrative nature, judicial and non-judicial. Article 15 also has a very important preventive effect as the inadmissibility of the evidence removes the incentive for law enforcement officials to use of torture, thereby contributing to the prevention of such practice. This additional preventive reason, thus, goes beyond judicial proceedings and has a deterrent effect on law enforcement personnel and their use of such heinous practice.
Rules of Procedure
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 18 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 18 of the Convention against Torture corresponds to Articles 35 to 39 of the International Covenant on Civil and Political Rights. The Committee against Torture, as the Human Rights Committee, elects its officers (a Chairperson, three Vice-chairpersons, and a Rapporteur) and adopts its own Rules of Procedure, subject only to the procedural provisions in Articles 19 to 22, and a few other rules contained in the Convention. The Rules of Procedure of the Committee are modelled on those of the Human Rights Committee which, in turn, are based on the Rules of Procedure of the Committee on the Elimination on Racial Discrimination.
Inquiry Procedure
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 20 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. At the time of its adoption, the inquiry procedure was the most innovative element of the monitoring mechanisms of the Convention and had no precedent in other human rights treaties. However, the idea of an inquiry procedure was strongly opposed by the Soviet bloc, who criticized it for the broad definition of ‘reliable’ information and because it envisaged a fact-finding mission in the territory of the State party concerned. In the end, a compromise was reached, and Article 20 provides that although the inquiry procedure is not subject to an explicit declaration by States parties to accept this competence of the Committee against Torture, any State party may decide to ‘opt out’ by means of a specific reservation in accordance with Article 28.
Inter-State Communications
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 21 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The Convention against Torture provides for the establishment of a series of monitoring procedures aiming at enforcing the compliance of States parties with their respective treaty obligations. State parties are also allowed to complain about alleged violations of the treaty by another State Party through the inter-State communication procedure. However, the inter-State communication procedure represents the weakest monitoring procedures under the Convention. As of December 2017, only 63 out of a total of 162 States parties have made the optional declaration under Article 21(1) recognizing the competence of the Committee against Torture to receive and consider inter-State communications.
Individual Complaints Procedure
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 22 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. While a mandatory right of individual complaints is guaranteed, for example, by Article 34 of the European Convention on Human Rights and Article 44 of the American Convention on Human Rights, UN human rights treaties only provide for optional individual complaints mechanisms to quasi-judicial bodies. Only 68 out of a total of 162 States parties to the Convention have accepted the optional individual complaints procedure, and the clear majority of these States are from Europe and Latin America, and are also subject to the respective mandatory complaints procedures under the European Convention on Human Rights and the American Convention on Human Rights. During the roughly 30 years of its existence, the Convention against Torture Committee has registered 825 complaints concerning 38 States parties.
Privileges and Immunities
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 23 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. On 13 February 1946, the General Assembly adopted a resolution on in which it approved the General Convention on the Privileges and Immunities of the United Nations. This UN treaty applies to both UN officials and experts on mission. Since the UN human rights treaty monitoring bodies are in the strict legal sense not organs of the UN, the UN Legal Counsel recommended during the drafting of the Covenants the adoption of a specific provision aimed at extending the privileges and immunities of UN experts on mission to the members of the Human Rights Committee. Consequently, a respective provision was adopted in Article 43 of the International Covenant on Civil and Political Rights, which served as the model for Article 23 of the Convention against Torture.
Signature and Ratification
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 25 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The Convention was adopted and opened for signature, ratification, and accession by General Assembly Resolution 39/46 on 10 December 1984, the UN Human Rights Day, without a vote. Article 25 stipulates how to become a party to the Convention by signature and ratification. Specifically, it states that the Convention is open for signature by all States; and that the Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Accession and Succession
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 26 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The Convention was adopted and opened for signature, ratification, and accession by General Assembly Resolution 39/46 on 10 December 1984, the United Nations' Human Rights Day, without a vote. Article 26 supplements Article 25 on signature and ratification and stipulates how to become party to the Convention by means of accession. Though succession is not explicitly mentioned, in practice, several States have used this means to become Party to the Convention. As of December 2017, in total, 78 States have deposited their instrument of accession with the Secretary-General of the United Nations, while 78 States joined by means of ratification. Seven States declared themselves to be bound by the Convention by means of succession.
Entry into Force
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 27 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The Convention against Torture entered into force on 26 June 1987. As of December 2017, a total of 162 States were parties to the Convention against Torture. Article 27 provides that the Secretary-General acts as depositary. According to Article 77(1)(f) of the Vienna Convention on the Law of Treaties, this function also includes the task of informing ‘the States entitled to become parties to the treaty when the number of signatures or of instruments of ratification, acceptance, approval or accession required for the entry into force of the treaty has been received or deposited’.
Opting Out of the Inquiry Procedure
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 28 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Compared to the monitoring procedures established in earlier UN human rights treaties, the inquiry procedure under Article 20 of the Convention against Torture was a major innovation. During the drafting of Article 20, delegations from Socialist States demanded that this new mechanism be optional rather than mandatory. This was eventually accepted by Western and other States in order to ensure that the Convention was adopted by consensus. Despite criticisms of this opting-out clause, in practice, this has a much less limiting effect on the acceptance of a procedure than the requirement of an optional declaration. In fact, as of December 2017 only 14 States parties out of 162 have opted out to the inquiry procedure.
Establishment of a UN Subcommittee on Prevention
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 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 Subcommittee on Prevention (SPT) is a subsidiary organ of the Committee against Torture, which was established as the main monitoring body of the Convention in accordance with Article 17 of the Convention against Torture. The SPT is, however, largely independent from the Convention against Torture Committee. The SPT is empowered to carry out preventive missions to the territory of States parties without prior consent, which was considered by many States during the drafting process as undermining the UN principles of State sovereignty and territorial integrity. Hence, a number of precautionary provisions were inserted into the text of the Optional Protocol.
Size and Composition of the Subcommittee on Prevention
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 5 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 Subcommittee on Prevention (SPT) is a UN treaty-monitoring body, initially consisting of ten independent experts. Taking into account the considerable workload with an increasing number of States parties to be visited by the SPT, the drafters stipulated that the number of its members shall be increased to 25 after the fiftieth ratification or accession. Similar to other UN treaty bodies, the composition of the SPT shall reflect a gender balance, equitable geographic distribution, and the representation of different forms of civilization and legal systems. In addition, the members shall be independent and impartial experts with professional experience in fields relevant to the administration of justice and the treatment of detainees.