bluuebunny/crossref_metadata_2025_split huggingface dataset:
Union legal acts already in force
Authors: Mościbroda Anna 
Published: June 2024

Abstract
This chapter examines the extent of Article 60 of the EU Law Enforcement Directive (LED). It introduces the notion of a grandfathering clause wherein any specific provisions regulating the processing of personal data in the field of judicial cooperation in criminal matters and police cooperation are unaffected by the LED's entry into force. The grandfathering clause of Article 60 LED does not have an equivalent either in the General Data Protection Regulation (GDPR) or the EU Data Protection Regulation (EUDPR). Article 60 LED revolves around provisions which regulate processing between Member States and the access of designated authorities of Member States to information systems established under the Treaties under the Directive. The chapter clarifies which provisions are affected by Article 60 LED.
Transposition
Authors: Milaj Jonida 
Published: June 2024

Abstract
This chapter provides an overview of Article 63 of the EU Law Enforcement Directive (LED). It explains the legal background of Article 63 LED in line with the EU legislation. Article 63(1) LED indicates that the period of transposition allocated to the Member States expires on 6 May 2018. As a result of derogations, the full transposition of all the provisions of the Directive in all the Member States will take some time, but the derogations will be considered as exceptions instead of the general rule. The chapter details the circumstance of failing to transpose the Directive on time as required by Article 63(4) LED.
Entry into force
Authors: Milaj Jonida 
Published: June 2024

Abstract
This chapter details the extent of Article 64 of the EU Law Enforcement Directive (LED). According to Article 64 LED, the LED shall enter into force on the day following its publication in the Official Journal of the European Union. Moreover, the provision primarily follows a general pattern in the European Union (EU). Even though technically the LED entered into force on 5 May 2016, preceding Articles of LED made it clear that the legislator intends for the Directive to enter into force a day later. Additionally, in accordance with the second paragraph of Article 63 LED, automated processing systems were set up on the day of entry into force of the LED.
Council of Europe
Authors: De Hert Paul , Sajfert Juraj 
Published: June 2024

Abstract
This chapter discusses the role of the Council of Europe in data protection law, which is a set of legal provisions anchored in many global, regional, and national hard law or soft law texts. It begins by describing the main features of the Council of Europe’s Convention for the Protection of Individuals with regard to automatic processing of personal data, known as the Convention 108. Convention 108 laid down basic principles of data protection, which remained cornerstones of European data protection law until the present day. The chapter then compares its principles and provisions on data subject rights with the EU Law Enforcement Directive (LED). It also considers the rules on personal data transfers and on supervisory authorities. Finally, the chapter analyses a series of Council of Europe soft law instruments. These include the 1987 Council of Europe Police Recommendation; the 1992 Council of Europe Recommendation on the use of the DNA analysis by the criminal justice system; the 2018 Practical Guide on the use of personal data by police; and the 2001 Council of Europe Cybercrime (Budapest Convention).
Contemporary Diplomatic Challenges
Authors: MacMillan Margaret , Mitter Rana , Roberts Ivor 
Published: June 2024

Abstract
This chapter explores contemporary diplomatic challenges across the world. It starts with the future of diplomacy. It explains that diplomats will have to gain knowledge and understanding of the different nation and their respective cultures to best advise their governments and explain their nations and peoples to others. Even though diplomats of the last two centuries tended to be products of a classical or liberal arts education, diplomats of today must be familiar with economics while also being literate enough to understand crucial issues in the matters they are negotiating or advising their governments on. The chapter then looks into the challenges concerning climate change, non-proliferation, migration, the internet, and the pandemic.
Privileges and Immunities of Diplomatic Missions
Authors: Denza Eileen 
Published: June 2024

Abstract
This chapter details the privileges and immunities of diplomatic missions. It references the provisions of 1961 Vienna Convention on Diplomatic Relations to elaborate on the privileges and immunities. Immunities are essential to the conduct of relations between independent sovereign States and are given on a basis of reciprocity. The chapter discusses the right to give asylum in diplomatic missions to refugees from the authorities of the receiving State, which refers to the lack of agreement among States on the circumstances to exercise the right. It also looks into the inviolability of mission archives, freedom of communication, and freedom of movement.
Consular Access and Protection
Authors: Denza and Eileen , Wickremasinghe Chanaka 
Published: June 2024

Abstract
This chapter looks into the key concepts of consular access and protection. It highlights protecting in the receiving State the interests of the sending State and its nationals as the first and most important of consular functions. Additionally, a consul may take steps to safeguard the rights or interests of a national who is not present in the territory of the receiving State. The chapter elaborates on the general aspects of protection and group protection. It then notes Article 36.1(c) of the Vienna Consular Convention provides substance to the right of consular access, which is absolute in the sense that it cannot be made conditional on assistance in relevant criminal investigations.
Special Missions
Authors: Foakes Joanne 
Published: June 2024

Abstract
This chapter examines special missions, wherein States often send representatives abroad to conduct negotiations and have dealings with other States for various temporary purposes. Many States consider that the New York Convention goes too far in certain respects in equating the position of a person on a special mission with that of a diplomat based on a permanent mission. Thus, the general consensus consists of a crucial prerequisite of the consent of the receiving State. The chapter mentions the importance of international rules correlated to special missions. It considers the issue concerning the functional immunity of foreign state officials with regard to certain international crimes.
The United Nations I—The Charter and Its Operation
Authors: Parry Emyr Jones 
Published: June 2024

Abstract
This chapter focuses on the charter and operation of the United Nations. The United Nations system touches most aspects of global economic activity and international peace and security, while simultaneously representing principal multilateral bodies. The chapter then elaborates on the primary responsibility of the Security Council for the maintenance of international peace and security, which considers the growing threat of terrorism. Meanwhile, the United Nations Charter devotes three chapters to the subject of dependent territories that involves the International Trusteeship System and the Trusteeship Council. The chapter then details the structure and membership of the general assembly and economic and social council.
The European Union II—External Relations
Authors: Berman Paul 
Published: June 2024

Abstract
This chapter looks into the external relations of the European Union. It examines the diplomatic practice of States in conducting their relations with other States either bilaterally or within a multilateral framework. The European Union holds relations with third States and organizations as an actor in its own right using the legal powers and institutional framework. The chapter discusses the institutional framework of the European Council and the conclusion of international agreements with third States and international organizations. It explores the European Union's participation in (other) international organizations that vary upon the body’s membership rules, competence, and, in some cases, the readiness within the Union itself to seek participation.
Public and Digital Diplomacy
Authors: Fletcher Tom 
Published: June 2024

Abstract
This chapter provides an overview of the key concepts of public and digital diplomacy. It starts with the acknowledgment of public diplomacy as a major weapon in a diplomat's armoury. Since the digital revolution has changed the world faster than any previous technology, diplomacy is once more having to reconnect to new sources of power, especially when digital media are also increasingly important resources for those responding to humanitarian crises. Thus, the role of diplomats is being transformed faster than at any point in history. The chapter elaborates on the four phases of digital diplomacy while also considering the boundaries between secrecy and privacy.
Treaties and Other International Instruments III—Pact, Act, Modus Vivendi, Declaration, Exchange of Notes, Memorandum of Understanding
Authors: Berman Frank , Bjorge Eirik 
Published: June 2024

Abstract
This chapter defines the typology of treaties. The term ‘pact’ derives a long and respectable colloquial usage to signify an agreement of any kind between States, while simultaneously denoting an especially solemn international agreement. Meanwhile, Oppenheim’s International Law places declarations under a general heading of ‘unilateral acts’ due to any legal significance they may possess being independent of the response of an addressee. The chapter also details the usage of the notion of acts, modus vivendi, and memorandum of understanding. The chapter explains that a treaty concluded in the form of an Exchange of Notes or letters is a frequently used device for formally recording the agreement of two governments on all kinds of transactions.
Treaties and Other International Instruments V—Interpretation, Reservations, Termination, the Effect of War, Ius Cogens
Authors: Berman Frank , Bjorge Eirik 
Published: June 2024

Abstract
This chapter tackles several concepts of treaties and other international instruments. It cites that certain miscellaneous aspects of the law of treaties are important all the same and controversial simultaneously, such as treaty interpretation. Treaty compliance and the effective implementation of treaty commitments are critically dependent on being able to ascertain reliably what the treaty means in its application to particular sets of circumstances. The chapter discusses the distinction of interpretation, reservations, termination, and effect of war. It elaborates on the notion of ius cogens in international advocacy while mentioning that the Vienna Convention on the Law of Treaties is one of the few leading instruments to deal with the subject explicitly.
Prevention and Management of Conflict and Settlement of Disputes
Authors: Parry Emyr Jones 
Published: June 2024

Abstract
This chapter examines the prevention and management of conflict and settlement of disputes. It discusses the nature of conflict, which occupies a spectrum and remains potent with armed non-State actors a frequent characteristic. Negotiating an end to conflict requires a comprehensive approach starting with a cessation of hostilities and some form of agreement between the belligerent parties. The chapter acknowledges the difficulty of peacebuilding after conflict and the role of the United Nations Security Council against a threat to international peace and security. It also elaborates on the negotiations facilitated by third parties, citing how the negotiations between disagreeing parties may be encouraged by other governments or organizations.
Courts and Arbitral Tribunals
Authors: Wilmshurst Elizabeth 
Published: June 2024

Abstract
This chapter discusses the International Court of Justice (ICJ) and other binding means of dispute settlement in correlation with courts and arbitral tribunals. It explains that ICJ was established by the United Nations Charter as a forum for settling international disputes to replace the Permanent Court of International Justice. Moreover, arbitration between or among States is a common means of resolving disputes with decisions binding on the parties. The chapter also cites that 35.34. Arbitration is a frequent method of resolving investment disputes between two States or a company investing outside its host State. It details the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and various arbitral tribunals.
Advice to Diplomats
Authors: Roberts Ivor , Parry Emyr Jones 
Published: June 2024

Abstract
This chapter offers advice to diplomats. Some of the advice includes diplomats being on guard against the notion that their post is the centre of international politics while also aiming to understand how their work contributes to national objectives. Moreover, diplomats must be conscious of the responsibility of representing their country. The chapter discusses the concept of Nicholson test and multilateral diplomacy before elaborating on the problems of protocol and precedence. It also considers internal differences in diplomacy, citing that diplomats must still try to enjoy the experience and privilege of representing their country and appreciate the opportunity to study and understand the host country.
Engagement of Domestic Courts with International Law
Authors: Nollkaemper André , Shany Yuval , Tzanakopoulos Antonios 
Published: June 2024

Abstract
The chapter is the general introduction to the volume. It sets out the background against which the engagement of domestic courts with international law should be understood and introduces the Report of the International Law Association Study Group that forms the book’s basis. It argues that the main differences between domestic and international court judges in their engagement with international norms appear to be sociological and political. Against a background where formal legal structures have little explanatory value in understanding how particular domestic courts, and individual domestic judges, go about in interpreting and applying international law, and where the actual engagement of courts and judges with international norms is determined by wider considerations, the chapter elaborates on the volume’s aim, which is to identify and articulate the principles that underlie domestic court engagement with international law.
Engagement of Domestic Courts with International Law in Anglophone Africa
Authors: Killander Magnus 
Published: June 2024

Abstract
The chapter discusses the engagement of domestic courts with international law in 18 Anglophone African states. With independence, these states inherited a political system largely based on the British model, though with written constitutions. On the relationship between international and domestic law, African Anglophone constitutions were for long quiet, while judicial practice, in the few cases the issue arose, applied the English approach of dualism with regard to treaties and monism in relation to customary international law. The chapter sets out the constitutional or legislative framework of these states dealing with the role of international law in the domestic system, where such exists, and provides examples of judicial practice. What an analysis of the case law illustrates is that in the absence of a clear constitutional framework, the individual judge is the most important determinant in how international law is used, while how litigants present their cases is also crucial.
Engagement of South African Domestic Courts with International Law
Authors: Woolaver Hannah 
Published: June 2024

Abstract
South African courts have, since the adoption of the 1996 Constitution, engaged widely with international law in key cases. In the course of this engagement, the Constitutional Court and other domestic South African courts have employed techniques both to enable the harmonization of domestic and international law, and to justify the non-application of international law in domestic law. The chapter shows that the use of consistent interpretation as a technique of alignment has been particularly significant. It also identifies three different techniques used by courts leading to avoidance of international law. Overall, however, South African courts in the new constitutional era have adopted a posture of alignment with international law rather than one that seeks to avoid the application, or contest the content, of rules of international law.
Engagement of Israel’s Supreme Court with International Law
Authors: Schwartz Osnat Grady 
Published: June 2024

Abstract
As Israel does not have a comprehensive constitution or any specific constitutional arrangements defining the relationship between domestic and international law, the relationship has been crafted by the Supreme Court. In the State’s formative years, the Court followed the common law tradition, adopting a monist approach towards customary international law, and a dualist approach regarding treaties. Gradually, the Court showed greater openness towards international law, liberally applying alignment techniques to give effect to international obligations, including treaties that had not been transformed into Israeli law, and to avoid overriding incorporated international law where it would conflict with domestic legislation. The chapter discusses these developments focusing on the engagement of the Court with international humanitarian and human rights law. Overall, a combination of what branch of international law is at stake in a given case and the judge’s individual preferences dictate the latter’s strategic choices in engaging with international law.
Engagement of Argentina’s Supreme Court with International Law
Authors: Pinto Mónica , Maisley Nahuel 
Published: June 2024

Abstract
The chapter maps the engagement of the Argentinean Supreme Court with international law. It divides the Court’s caselaw into three eras. First, an ‘era of affirmative avoidance’ (1853–1992), characterized by a restrictive approach, blunting the incorporation of international law into the domestic legal order. Second, an ‘era of transition’ (1992–1994), in which the Court lifted many of the restrictions it had placed upon the incorporation of international law. And, third, an ‘era of overriding alignment’ (1994–onwards), in which the Court, despite some initial contradictions and dubitative rulings, has considered that international law, the decisions of international courts and tribunals, and even the recommendations of other international institutions must be taken into account when deciding domestic cases. The chapter finally comments on a series of recent decisions which may either constitute a new, contestatory era, or simply a temporary pause in the Court’s strong alignment with the international legal order.
Engagement of Canadian Courts with International Law
Authors: Ert Gib van 
Published: June 2024

Abstract
The chapter provides an account of how public international legal norms are received into the Canadian legal system, with a focus on jurisprudence from the Supreme Court of Canada. The constitutional and interpretive rules governing the reception of international law into the Canadian legal system tend to favour, and even promote, the alignment of Canada’s domestic laws with its international obligations. The key reception rules are judicial notice of international law, the treaty implementation requirement, the incorporation of customary international law by the common law, and the interpretive presumption of conformity with international law. The chapter reviews legislative and judicial alignment techniques, as well as avoidance practices. As a whole, the Canadian reception system favours alignment with international law over avoidance, though judicial avoidance is facilitated by Canada’s dualist approach to treaties.
Engagement of Belgian Courts with International Law
Authors: Dopagne Frédéric 
Published: June 2024

Abstract
The Constitution of Belgium contains few provisions relating to the status of international or European Union law in the Belgian legal system. Therefore, several issues regarding the role of international law in the domestic system have been determined by Belgian courts. From their caselaw, it is difficult to discern a general principled approach in their engagement with international law. However, the attitude that the Belgian judge seems to adopt most of the time, is alignment with international law, with the exception of a recent judgment of the Court of Cassation limiting the scope of the State’s tort liability for a breach of international law. No genuine and systematic contestation mechanisms can be observed. Moreover, while some avoidance techniques can be pinpointed, they prove relatively ‘soft’ in comparison to the doctrines of non-justiciability that exist in other jurisdictions.
Engagement of Swiss Courts with International Law
Authors: Belser Eva Maria , Oleschak-Pillai Rekha 
Published: June 2024

Abstract
Judicial engagement with international law in Switzerland is much debated, both in law and politics. The monist Swiss system easily receives international norms, yet the Federal Supreme Court’s strategies in resolving tensions between international and domestic norms are ambiguous and regularly contested, particularly when domestic norms adopted on the basis of direct democracy clash with internationally (and nationally) guaranteed human rights. The chapter outlines the various strategies Swiss authorities adopt to avoid judicial engagement with international law, as well as strategies used by courts when engagement is inevitable. These include various kinds of alignment or avoidance, making judicial outcomes often unpredictable. Engaging with international law, especially the European Convention on Human Rights, has enabled the Federal Supreme Court to review federal acts, practising ‘backdoor constitutional review’ in human rights cases; however, domestic courts have not used their power consistently, and in some instances have failed to uphold their counter-majoritarian role.
Treaties
Authors: Gardiner Richard 
Published: June 2024

Abstract
This book describes the role of treaties as an element of international law. Treaties comprise the whole range of international agreements that are governed by international law. The book explains what treaties are, how they are made, and how they are interpreted and implemented both internationally and within national legal systems. In doing this, the book includes an account of the main features of the law of treaties and describes how treaties contribute to the formation and codification of international law. It outlines how treaties are the foundation of international organizations which, in turn, through their constitutive treaties and those treaties which they develop make extensive contributions to international law. Thus the book shows that treaties, and the legal regimes which they create, now constitute the pre-eminent component of international law.
Introduction
Authors: Gardiner Richard 
Published: June 2024

Abstract
The introduction explains that the main aim of the book is to show the role of treaties as a key element of modern international law and, in doing so, to provide an overview of the law of treaties. Codification of general international law and development of specialist areas have largely been through treaties. International courts and tribunals, and international organizations exist and function because of treaties. Treaties also have increasing effect in national systems of law. Negotiating and bringing treaties into force, and implementing them internationally and in national legal systems require understanding their nature, how they are interpreted, and how they are given effect through relations between states. All who come into contact with international law need to know about treaties. The introduction identifies the subject of each chapter of the book.