bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 1 D
Authors: Qafisheh Mutaz M , Albanese Francesca 
Published: June 2024

Abstract
This chapter details Article 1 D of the 1951 Convention. Article 1 D primarily reflects the reality of some refugee situations at the time the Convention was drafted, so it acknowledged certain categories of refugees that may benefit from separate assistance and protection from UN organisations and agencies. Moreover, the article was intended to avoid the overlapping competencies between different mandates of UN agencies dealing with refugees. The chapter also considers the drafting history of Article 1 D, which holds relevance to Palestinian refugees. It explains that the article's main function is ensuring the protection of Palestinian refugees until their position was settled with international law.
Article 1 F
Authors: Rikhof Joseph , Wennholz Philipp 
Published: June 2024

Abstract
This chapter explains that Article 1 F regulates the legal status of people whose personal conduct is considered to be beyond the 1951 Convention's scope of protection. It clarifies the exclusion of the respective groups of persons per se from the 1951 Convention’s scope of application ratione personae. The exclusion of common law criminals also serves the purpose of preventing the benefits of refugee status from applying to fugitives from justice and protecting the populations of the respective receiving country against possible future crimes. Moreover, the United Nations High Commissioner for Refugees (UNHCR) raised the argument of considering any pardon or amnesty being in line with the relevant country's democratic will.Human rights
Article I
Authors: Schmahl Stefanie 
Published: June 2024

Abstract
This chapter elaborates on Article I. It starts with the premise of the Convention responding to the difficulty of handling refugees subsequent to the Second World War. However, the refugee crisis expanded beyond the Western sphere and affected regions such as Asia and Africa. Thus, the 1967 Protocol achieved the formal, but not the substantive, universalization of the 1951 Convention definition of refugee status. The chapter cites that the 1967 Protocol liberated the 1951 Convention from temporal and geographical limitations, which also equalised the legal status of future refugees independent from the dateline of January 1951. It explains the subsequent result of the 1951 Convention and the 1967 Protocol as the Magna Carta for refugees.
(Non-Discrimination/Non-Discrimination)
Authors: Mwakagali Mpoki , Marx Reinhard 
Published: June 2024

Abstract
This chapter clarifies the central purpose of the 1951 Convention's Article 3 to prohibit discrimination by the State parties to the 1951 Convention regardless of the refugees' race, religion, or country of origin. The article does not require the contracting States to treat refugees in the same manner as other aliens or their national citizens. However, State parties to the Convention are likely bound by the principle of non-discrimination beyond the provisions of the 1951 Convention and in other international instruments, such as the general international human rights law. During its drafting history, Article 3 was deemed to be of symbolic importance instead of adding enforceable rights for refugees. The chapter considers the declarations and reservations made while considering Article 3.
(Rights granted apart from this convention/Droits accordés indépendamment de cette Convention)
Authors: Skordas Achilles , Ineli-Ciger Meltem 
Published: June 2024

Abstract
This chapter covers Article 5 of the 1951 Convention that guarantees minimum rights. It explains how the provision brings the observation of1951 Convention in line with an impressive landscape of protection regimes relevant to the evolution of refugee protection. Article 5 is evidence of the 1951 Convention’s awareness of an ongoing evolutionary process of internal differentiation of both international refugee law and related domestic asylum law. Moreover, the 1951 Refugee Convention coexists with other international and supranational regimes in a pluralist international legal order without clear hierarchies. The chapter also looks into the interrelationship of Article 5 with other provisions.
(Exemption from Exceptional Measures/ Dispense de Mesures Exceptionnelles)
Authors: Davy Ulrike , Stern Rebecca Thorburn 
Published: June 2024

Abstract
This chapter looks into Article 8 of the 1951 Convention. It explains that the article primarily focuses on the formal legal bond between a refugee and their country of origin. The legal bond does not sufficiently legitimize measures intrinsically based on the supposition that there is a strong bond of loyalty between the State and its nationals even when the nationals living abroad. Moreover, the relevance of Article 8 of the 1951 Convention primarily depends on whether contracting States may resort to exceptional measures as easily as they could at the time of drafting. The chapter cites how exceptional measures may contravene human rights law.
Diplomatic Asylum
Authors: Denza Eileen 
Published: June 2024

Abstract
This chapter elaborates on the notion of diplomatic asylum. It starts with the limited legal authority for the practice of diplomatic asylum. However, people who seek refuge within foreign embassies do not fall within the 1951 Convention's definition of refugees. The chapter details the historical development of the practice of diplomatic asylum for fugitives. When fugitives sought refuge within other premises entitled to inviolability, the principles applied do not differ from the rules applied to asylum within diplomatic missions. According to the Vienna Convention on Diplomatic Relations (VCDR) and the Vienna Convention on Consular Relations (VCCR), States are content with the existing international law and practice when concerned with diplomatic Asylum. Human rights
(Movable and Immovable Property/ Propriété Mobilière et Immobilière)
Authors: Leckie Scott , Simperingham Ezekiel 
Published: June 2024

Abstract
This chapter focuses on Article 13 of the 1951 Convention. It explains that Article 13 entails an obligation of contracting States to provide minimal protection of the right to property for refugees, regardless of whether the properties are movable or immovable. The provision also offers minimal protection beyond the general duty of non-discrimination. Despite the low standard of protection required under Article 13, the provision is inclusive to the class of refugees who may benefit from this provision. The chapter mentions the greater benefit of relying on the article's specific guarantee under the COnvention instead of the general right under human rights law.
(Artistic Rights and Industrial Property/ Propriété Intellectuelle et Industrielle)
Authors: Metzger Axel 
Published: June 2024

Abstract
This chapter expounds on the 1951 Convention's Article 14. It details the contracting States' obligation to accord refugees the right to enforce intellectual property rights in the country of habitual residence as if the refugee was a regular citizen. Article 14 applies to all types of industrial property, including copyrights and neighbouring rights. The chapter explains how the article remains of value in cases where the home State nor the asylum State is a party to the Berne Convention 1971 or the Paris Convention 1967. Additionally, Article 14 will be invoked in exceptional cases of intellectual property conventions that require material reciprocity. Human rights
(Right of Association/Droit d’Association)
Authors: Teichmann Michael 
Published: June 2024

Abstract
This chapter explores the 1951 Convention's Article 15. It elaborates on Article 15 insisting on the contracting parties' obligation to grant refugees favourable treatment accorded to nationals of a foreign country regarding non-political and non-profit-making associations and trade unions. Moreover, Article 15 establishes a basic rule for refugees' political, social, cultural, and other activities in connection with associations which form an important part of refugee life. Thus, refugee organisations play an important role in the delivery of basic services to refugees. The chapter mentions the limiter practice importance of Article 15 due to the broader legal protection of international human rights instruments. Human rights
(Wage-Earning Employment/Professions Salariées)
Authors: Edwards Alice 
Published: June 2024

Abstract
This chapter looks into Article 17 of the 1951 Convention that addressed the right to work of refugees. The right to work is fundamentally correlated to the enjoyment of one's human rights, dignity, family security, and longer-term integration and naturalisation. The chapter covers the historical development and drafting history of Article 17. The Convention's right to wage-earning employment is a reflection of a particular set of political and economic circumstances characterising the aftermath of the Second World War. Moreover, case law confirmed that States cannot refuse employment rights by failing to recognize the refugee status of asylum seekers, even if they were denied under the provisions of Article 17 or the justifications of the International Covenant on Economic, Social and Cultural Rights (ICESCR).Human rights
(Administrative Assistance/Aide Administrative)
Authors: Lester Eve 
Published: June 2024

Abstract
This chapter explores Article 25 in the 1951 Convention's Chapter V. It tackles how Chapter V governs both the administrative means by which refugees may establish and assert their rights and the extent to which the State may administer the refugee's presence in its territory. Additionally, the central purpose of Article 25 ensures that refugees can enjoy the acts of civil life and the rights, which the 1951 Convention provides. The chapter notes the principal preoccupations of common law countries focused on affidavits serving the same function as documents and certifications. It cites the provision's significance to the refugee's ability to rebuild their life.
(Identity Papers/Pièces d’Identité)
Authors: Vedsted-Hansen Jens 
Published: June 2024

Abstract
This chapter discusses Article 27's aim to ensure the identity papers of refugees. It also explains the other purpose of issuing identity papers as an element of registration programmes, such as protection against refoulment. Moreover, the documentation system may enable the assessment and quantification of relevant protection needed at the organizational level and prepare the implementation of durable solutions. The chapter explains compliance by contracting the State with the obligation to issue identity papers in accordance with the provision in terms of exercising everyday activities. Moreover, Article 27 does not require the inclusion of status information in the identity papers issued to refugees.
(Fiscal Charges/Charges Fiscales)
Authors: Nagy Boldizsár 
Published: June 2024

Abstract
This chapter examines Article 29 of the 1951 Convention. It explains the provision's function to prevent refugees from being subjected to the treatment foreigners may be exposed to. Additionally, Article 29 clarifies that refugees are not entitled to claim additional easements with regard to the State charges, even if those disbursements have a more severe effect on them than on national citizens. The chapter mentions how taxation is not usually nationality-specific, but national treatment may imply indirect discrimination. It also considers the rising need for international protection and the likelihood of reconsidering Article 29 to extend their tax authority to taxable elements closely linked with the country of origin.
(Transfer of Assets/Transfert des Avoirs)
Authors: Nagy Boldizsár 
Published: June 2024

Abstract
This chapter examines the function of Article 30 of the 1951 Convention. It starts with the origin of Article 30 tooted in times of strict currency and wealth controls. The provision purports to regulate two types of transfers that involve assets into the country of resettlement and the refugee assets. Additionally, Article 30 allows the resettlement of refugees to occur in a humane way. The chapter clarifies that the provision doe snot address repatriation. It also explains the importance of Article 30 waning following the dramatic change in the management of financial transactions because of the large-scale flights involved in a direct threat and did not leave time for affected refugees to mobilize assets beyond the bare minimum.
(Refugees Unlawfully in the Country of Refuge/ Réfugiés en Situation Irrégulière dans le Pays d’Accueil)
Authors: Noll Gregor 
Published: June 2024

Abstract
This chapter explains that the 1951 Convention's Article 31 acts as an uneasy compromise that addresses a broader range of issues than the criminalization of immigration infractions and detention. It also cites that unauthorized entry and presence remain a precarious necessity as long as refugees lack the right to enter into and stay in a potential country of refuge. Under the provision, contracting parties are obliged not to penalize refugees' unauthorized entry and stay under certain conditions. Moreover, Article 31's second paragraph allows the parties to impose restrictions on the movements of unlawfully entering or staying refugees. The chapter explicates that Article 31 adopts Kantian ideas on hospitality with a reconfirmation of States' sovereign power over the bodies of refugees that manifested through detention.
(Prohibition of Expulsion or Return (‘Refoulement’)/ Défense d’Expulsion et de Refoulement)
Authors: Kälin Walter , Caroni Martina , Heim Lukas 
Published: June 2024

Abstract
This chapter focuses on paragraph 1 of Article 33. It explains that the provision details the principle of non-refoulment, which is the cardinal principle of protection of the 1951 Convention. The non-derogable principle indicates that States are not allowed to return refugees to territories that would risk their lives or freedom under the conditions of either their race, religion, nationality, membership to a social group, or political opinion. Even though a right to asylum would create a positive obligation, the prohibition of refoulement imposes a negative duty to refrain from actions resulting in the refugee's forcible return to the country of persecution. The chapter clarifies that the protection will only last as long as their refugee claim is ill-founded.
(Naturalization/Naturalisation)
Authors: Marx Reinhard , Li Yao 
Published: June 2024

Abstract
This chapter tackles the features and historical development of the 1951 Convention's Article 34. It explains the function of the provision, which primarily focuses on requesting Contracting States to facilitate the assimilation and naturalization of refugees. Moreover, the provision forms the legal bases for local integration and naturalization as some of the traditional durable solutions to refugeehood. The soft obligation imposed by Article 34 primarily focuses on the long-term solution by naturalization. The chapter then elaborates on the balance between local integration, naturalization, and voluntary return after it was disrupted due to the fall of the Iron Curtain in 1989.
Convention/Article IX of the 1967 Protocol
Authors: Geiß Robin , Li Yao 
Published: June 2024

Abstract
This chapter examines the extent of the 1951 Convention's Article 44 and the 1967 Protocol's Article IX. It starts with identifying the standard denunciation clause in Article 44 and Article IX. Multilateral treaties of unlimited duration allow States parties an unconditional right to withdraw. A denunciation releases the denouncing party from any obligation further to perform the treaty in relation to the other parties of the 1967 Protocol. The chapter clarifies that denunciation or withdrawal expresses the same legal concept since it is a procedure initiated unilaterally by a State that wants to terminate its legal engagements under a treaty.
Subject matter and objectives
Authors: Brewczyńska Magdalena 
Published: June 2024

Abstract
This chapter details Article 1 of the EU Law Enforcement Directive (LED), which outlines its subject-matter and objectives. The first paragraph of Article 1 LED indicates the boundaries of the scope of application of the LED with a reference to two criteria: personal and material. The personal limitation presupposes application of the LED only to the processing of personal data carried out by ‘competent authorities’ defined in Article 3(7) LED. According to the material limitation, the rules of the LED apply exclusively to the processing that takes place ‘for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security’. Meanwhile, Article 1(2) LED corresponds to Article 16(2) TFEU, which specifies the two-fold rationale underlying the LED — the protection of individuals and free movement of personal data. Finally, Article 1(3) LED provides that as far as the provision of safeguards for the protection of the rights and freedoms of the data subjects is concerned, the Member States are not precluded from providing higher standards in this respect.
Right of access by the data subject
Authors: Dimitrova Diana 
Published: June 2024

Abstract
This chapter explores Article 14 of the EU Law Enforcement Directive (LED), which provides for the right of access by the data subject. The controller shall as a rule disclose all of the following data elements in response to an access request: (1) confirmation whether data processing concerning the data subject is taking place; (2) disclosure of the data; (3) information on the details of the processing, as well as (4) information on the available rights and remedies. It is important to note that the right of access is not an absolute right and that the controller is obliged to provide the above information only as long as the provision of the said information will not prejudice an ongoing investigation, public and national security, or the interests of third persons. Ultimately, the controller should ‘facilitate the exercise’ of the right of access. Moreover, the response to an access request needs to be clear and understandable to the data subject.
Exercise of rights by the data subject and verification by the supervisory authority
Authors: Franssen Vanessa , Corhay Marine 
Published: June 2024

Abstract
This chapter discusses Article 17 of the EU Law Enforcement Directive (LED). The right of indirect access provided by Article 17 LED constitutes an additional guarantee for data subjects when the rights of information, access, and/or rectification or erasure have been restricted. It is meant to counterbalance the national legislator’s wider possibility under the LED to restrict data subject rights in the field of criminal justice. Indeed, it should be noted that while the General Data Protection Regulation (GDPR) also contemplates limitations to data subject rights, it does not entail a provision equivalent to Article 17 LED creating a right of indirect access. By allowing data subjects to request the supervisory authority to check the lawfulness of the data processing (if any), the right of indirect access provides them with another avenue to exercise their rights without prejudicing ongoing criminal proceedings.
Data protection by design and by default
Authors: Mitrou Lilian 
Published: June 2024

Abstract
This chapter focuses on the concept of privacy/data protection by design that was introduced as a normative aspect of data protection in Article 20 LED. Privacy Enhancing Technologies (PETs) and privacy by design technologies and measures enhance the control of personal information processed, how it is processed, and by whom. It discusses how data protection by default was perceived as complementary and interrelated to data protection by design compliance tool. The chapter reviews the incorporation of PETs into strategies for privacy, which required data controllers to implement appropriate technical and organisational measures to protect personal data, especially in network transmissions. Article 20 LED requires consideration of the requirements of the Law Enforcement Directive (LED) and the fundamental rights of data subjects both at the design and operational phase.
Joint controllers
Authors: Quintel Teresa 
Published: June 2024

Abstract
This chapter discusses Article 21 LED, which outlines the allocation of responsibility in situations where more than one controller determines the purposes and means of the processing of personal data. Article 21 LED seeks to establish guidance on how to enable data subjects to exercise their rights against joint controllers under the Law Enforcement Directive (LED). It refers to joint control that generally exists where two or more controllers are involved in the processing of personal data and jointly determine the purposes and means of processing operations. The chapter explains how controllers determine their respective responsibilities in order to comply with LED in a transparent manner in accordance with Article 21(1) LED. Article 21(2) LED clarifies that Member States may allow data subjects to exercise their rights against all joint controllers involved in the processing despite the modalities agreed in the joint controller arrangement.
Records of processing activities
Authors: Caruana Mireille M 
Published: June 2024

Abstract
This chapter focuses on Article 24 LED, which expands the obligation to maintain records of processing activities. Article 24 LED also applies to processing at the national level and specifies the information that the records must contain. It reviews the obligation of the Law Enforcement Directive (LED) for controllers and processors to maintain a record of all categories of processing activities. The chapter cites provisions concerning logging that imply that logs must be kept for certain specified processing operations, namely consultation and disclosure. Member States are required to provide for controllers to maintain a record containing all the information listed in Article 24(1)(a)-(i).
Data protection impact assessment
Authors: Hansen Marit 
Published: June 2024

Abstract
This chapter covers Article 27 LED that describes the content of and the conditions for a data protection impact assessment (DPIA) that a controller has to carry out. It reviews scenarios in the law enforcement sector that are characterised by a presumably high risk to the risks and freedoms of natural persons. Article 27 LED is one of the provisions that expresses the risk-based approach enshrined in the European data protection legislation. The chapter discusses the obligation of the controller to take into account the risk of varying likelihood and severity for the rights and freedoms of natural persons and to implement appropriate technical and organisational measures to ensure compliance with the data protection requirements. Article 27 LED demands the performance of the DPIA in advance of the processing of personal data so that the processing can be adapted in accordance with the identified risks.
Designation of the data protection officer
Authors: Svanberg Christian Wiese 
Published: June 2024

Abstract
This chapter focuses on Article 32 LED that provides a mandatory obligation upon Member States to ensure the relevant authorities to designate a data protection officer (DPO). The requirement for processors to appoint a DPO and the explicit allowance for the DPO being a staff member of the controller and to fulfil the tasks on the basis of a service contract are left out of Article 32 LED. The omission of the explicit allowance for the DPO being a staff member or acting on the basis of service contract must be seen as having limited legal effect. The chapter explains how Article 32 LED is structured across different themes that can be termed the obligation to designate. Article 32(2) LED sets out the subjective requirements that must be met by the designated DPO, placing emphasis on professional qualities and expert knowledge of data protection law and practice.