bluuebunny/crossref_metadata_2025_split huggingface dataset:
Treaties in Modern Times
Authors: Gardiner Richard 
Published: June 2024

Abstract
This chapter provides an introduction to treaties and gives an account of the general features of treaties, including the extent to which the term embraces all international agreements between states and governed by international law. It explains their legal effect in creating legally binding treaty relations between states, and extends to those treaties involving other international legal persons in the form of international organizations. In addition to definitions and illustrations of key terms, the chapter includes matters of essential knowledge for lawyers such as how to identify documents as treaties by reference to their components and content, how to distinguish them from mere political commitments, and where to locate authentic texts of treaties.
Ensuring Treaties Work
Authors: Gardiner Richard 
Published: June 2024

Abstract
This chapter concerns supervision, responses to breach, and enforcement of treaties. Reciprocity and diplomatic action provide the traditional means for ensuring implementation, but increasingly international institutions have a role in this. Such institutions may include courts and tribunals having jurisdiction over particular treaties or classes of treaty. Ultimately, states may also enforce treaties by their suspension in whole or part, by other measures in response, or by termination of a treaty. While negotiation has been the principal means of dealing with perceived breaches of a treaty, resort to arbitration or judicial settlement of disputes has become increasingly common, with use of proportionate measures in response to a breach, such as denial of benefits under the treaty or withholding other rights, as a further resort.
Destruction of Stockpiled Anti-Personnel Mines
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter notes the obligation to destroy stockpiled anti-personnel mines as indicated in the Anti-Personnel Mine Ban Convention’s Article 4. It considers several methods of destruction possible, clarifying that the Convention does not stipulate the specifics of stockpile destruction. Additionally, all anti-personnel mines within a State’s jurisdiction or control must be destroyed within four years of becoming a party to the Convention. Unlike other disarmament treaties, the indicated four-year deadline for destruction cannot entertain any extension. The chapter also considers how both Greece and Ukraine still had longstanding, significant stockpiles of anti-personnel mines to destroy at the end of 2021.
International Cooperation and Assistance
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter explains the international cooperation and assistance indicated in Article 6 of the Anti-Personnel Mine Ban Convention. Although no primary obligation to assist mine victims was agreed upon in the text of the Convention, international assistance is to be provided for measures to support victims and for mine risk education. The provision supplements a State’s duties under international human rights law to promote the well-being of survivors within their jurisdiction. The chapter considers the duties to facilitate access to equipment and information and the right to seek and receive assistance. It mentions how international cooperation and assistance for mine action continued to be generously provided by donor States.
Review Conferences
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter focuses on Article 12 of the Anti-Personnel Mine Ban Convention. It explains how the five-yearly Review Conferences of the Convention complement the annual Meetings of States Parties. The States Parties are empowered collectively to take the decision whether or not to grant an extension to the deadline under Article 5 according to a request by an affected State Party. The chapter details the convening of and interval between Review Conferences, while also referencing the history of the conferences held in Nairobi, Cartagena, Maputo, and Oslo. The date and location are yet to be determined for the Fifth Review Conference of the Anti-Personnel Mine Ban Convention.
Signature
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter provides an overview of Article 15 of the Anti-Personnel Mine Ban Convention. It also considers the negotiation of the provision and its subsequent consequences. Treaties are typically opened for signature by States, which are then subject to ratification in order to become a State Party. Under the Anti-Personnel Mine Ban Convention, the signature of the Convention was possible for all States until it entered into force. The chapter explains that the act of signing a treaty has legal consequences under international law, unless and until a signatory declares that it does not intend to ratify the treaty in question.
Ratification, Acceptance, Approval or Accession
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter covers the ratification, acceptance, approval, or accession of treaties under Article 16 of the Anti-Personnel Mine Ban Convention. It explains how treaties are typically signed and ratified by States in order to become a State Party. Under the Convention, signatories must ratify the Convention while non-signatories must accede to it. The chapter clarifies that accession to a treaty constitutes signature and ratification in a single act. It also elaborates on how an independent country that secedes from a State Party can choose to be bound by the Convention by ‘succeeding’ to it by means of a formal declaration.
Entry into Force
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter explores the implementation of Article 17 of the Anti-Personnel Mine Ban Convention. It explains how the Convention needed forty ratifications to enter into force. Thus, the Convention only managed to enter into force in 1999 following the ratification by Burkina Faso. The chapter explains that a ratifying or acceding State was entitled to provisionally apply the core obligations of the Convention in its Article 1(1)(a) before the entry into force of the Convention as a whole. It then elaborates on how 119 more States became a party to the Anti-Personnel Mine Ban Convention since its entry into force.
Provisional Application
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter explicates the provisional application indicated in Article 18 of the Anti-Personnel Mine Ban Convention. Article 18 allowed any contracting State to provisionally apply the core obligations in Article 1(1) of the Convention until the Convention as a whole entered into force. Austria, Mauritius, South Africa, Sweden, and Switzerland provisionally applied the Convention before it entered into force. Each signatory State was already prohibited from using anti-personnel mines by virtue of its customary law duty to refrain from acts which would defeat the Convention’s object and purpose. The chapter mentions Chile, which ratified the Convention in 2001, declared upon ratification that it would provisionally apply the Convention.
Depositary
Authors: Casey-Maslen Stuart 
Published: June 2024

Abstract
This chapter notes that the Anti-Personnel Mine Ban Convention’s Article 21 designates the Secretary-General of the United Nations as the Depositary of the Convention. The UN Secretary-General is the depositary of more than 550 treaties, which includes many of those that were negotiated outside UN auspices. Concerning the Anti-Personnel Mine Ban Convention, the depositary receives all signatures, and instruments of ratification, accession, and declarations of succession. The chapter discusses how Vienna Convention delineates the habitual functions of a treaty depositary unless otherwise provided in the treaty. It mentions how the UN Secretary-General is also charged with administrative functions, such as organizing a fact-finding mission.
Global Health Law
Authors: Sekalala Sharifah , Habibi Roojin 
Published: June 2024

Abstract
This chapter, “Global Health Law,” introduces the legal and policy frameworks that make up global health law. In a globalizing world, threats to public health increasingly transcend national frontiers and require cross-border coordination through international law. These frameworks encompass the legal institutions, processes, and instruments—both hard and soft law—that support global health and shape the vast landscape of state and non-state actors in disease prevention and health promotion. Global health law thus encompasses various forms of public international law, with these hard law instruments supported by soft law to advance public health. Soft law policies, while not legally binding, are authoritative through instruments such as resolutions, declarations, guidelines, protocols, and recommendations. Complementing hard law, soft law policies advance global health by providing normative clarification of treaties, setting standards, ensuring monitoring and accountability, and serving as precursors to hard law. While the traditional hard law approach employed international law to address public health challenges across national governments, this focus of international health law among states has given way to a far more expansive soft law framework among state and non-state actors in an expanding field of global health law.
Global Health Norms
Authors: Bueno de Mesquita Judith , Forman Lisa 
Published: June 2024

Abstract
This chapter, “Global Health Norms,” analyzes the normative frameworks that bring together actors in global health law and policy. These norms are being framed by international agreements between states and global policies among state and non-state actors, providing a foundation for structuring partnerships across global health actors. As the justification for global health initiatives, these ethical bases for social justice in global health frame global health governance, looking to normative frameworks for collective action, basic survival needs, global equity, and human rights. The United Nations (UN) system has specifically looked to human rights in providing legal norms for global health, framing health disparities as rights violations and codifying government obligations to realize rights. Drawing from an expanding “health and human rights” movement, the World Health Organization (WHO) has worked to incorporate human rights law in global health policy, beginning in the early years of the HIV/AIDS response and expanding to encompass a wide range of health challenges. Global governance now looks to mainstream human rights in global health, and a wide range of actors now incorporate notions of justice, equity, and rights as a basis to decolonize global health and bring together partnerships to advance health throughout the world.
Infectious Disease
Authors: Villarreal Pedro A , Tonti Lauren 
Published: June 2024

Abstract
This chapter, “Infectious Disease,” examines how global health law has evolved to combat the spread of infectious diseases, examining contemporary responses from HIV/AIDS to COVID-19. While scientists long posited that steady progress in controlling infectious disease would lead to the gradual decrease in the global burden of disease, a rapidly globalizing and interconnected world has fostered the rise and rapid spread of emerging and re-emerging infectious diseases. At the same time, efforts to prevent the spread of disease can cause disruptions to international travel and trade, as well as potential violations of human rights. Global health law has become crucial in combating the spread of disease through a rules-based international response, with policymakers seeking to strengthen surveillance systems across states and establish disease control partnerships between international organizations, governmental agencies, and non-governmental organizations. Under the World Health Organization (WHO), states have sought to balance the need for disease prevention and individual protections in the 2005 revision of the International Health Regulations (IHR). Despite these legal advancements through WHO, the COVID-19 pandemic has exposed numerous weaknesses in the IHR, and global health law and policy reforms will be necessary to identify, control, and prevent the cross-border spread of infectious disease.
Non-Communicable Disease
Authors: Magnusson Roger , Gostin Lawrence O 
Published: June 2024

Abstract
This chapter, “Non-Communicable Disease,” examines how non-communicable diseases (NCDs) are conceptualized and governed at the global level. In order to combat major non-communicable diseases such as cardiovascular disease, cancer, diabetes, and chronic respiratory disease, global health partners must work together to reduce the individual behaviors that undermine health—including tobacco use, unhealthy diets, physical inactivity, and alcohol. However, NCDs are not an epidemic of unhealthy choices made by individuals acting in isolation but a predicable consequence of physical, economic, and social environments that undermine healthy lifestyles. Globalization has led to trade liberalization, opening up new markets in low- and middle-income countries to commercial determinants of health, making global health law and policy initiatives crucial to the NCD response. While the World Health Organization (WHO) adopted a legal framework to address tobacco under the 2003 Framework Convention on Tobacco Control (FCTC), global governance of NCDs occurs largely through a mosaic of WHO soft law instruments—including global strategies, action plans, and other normative instruments—with the involvement of other UN agencies broadening the NCD agenda. Strengthened global governance, by aligning law and policy standards under WHO and the UN system, will be needed to turn the tide on NCDs.
Sustainable Development
Authors: Dagron Stéphanie , Hasselgård-Rowe Jennifer 
Published: June 2024

Abstract
This chapter, “Sustainable Development,” examines the rise of global health goals to facilitate sustainable development. It focuses on the 2030 Agenda for Sustainable Development (2030 Agenda), which establishes a comprehensive global policy framework for international development. In advancing sustainable development, the 2030 Agenda was developed as a follow-up to the Millennium Declaration, which had been announced at the turn of the century as a policy foundation to alleviate poverty and address inequalities under 8 Millennium Development Goals (MDGs). The 2030 Agenda builds on the MDGs to establish 17 Sustainable Development Goals (SDGs), including SDG 3, which specifically seeks to promote good health and well-being. SDG 3 brings together thirteen targets aimed at improving health outcomes and strengthening state capacities to promote public health services and ensure universal health coverage. In addition to Goal 3, the SDGs include goals and targets aimed at addressing a wide range of interconnected determinants of health, including climate action, clean water and sanitation, energy access, hunger, and poverty. By shaping global development efforts, the implementation of the 2030 Agenda is establishing global health law norms and shaping global health governance.
Global Health Funding Agencies
Authors: Halabi Sam , Gostin Lawrence O 
Published: June 2024

Abstract
This chapter, “Global Health Funding Agencies,” introduces the ways in which actors have come together to create funding institutions to advance global health. Where states have come to see an imperative to work together with non-state actors to support low-income countries, these efforts to realize international assistance and cooperation have led to the establishment of new agencies to fund and distribute essential medicines and new immunizations globally. These new funding initiatives have focused on specific global health problems such as HIV/AIDS, vaccinations, tuberculosis, and malaria. Employing innovative governance models to fund such vertical health initiatives, these new organizations include both innovative methods of raising financing through taxes, philanthropic funding, and state assistance. Through novel institutional partnerships, they have also led to the development of new norms, as seen in the imperative for emergency funding amid health crises, human rights in global governance, and global solidarity for essential medicines. However, in the wake of the COVID-19 crisis, there are increasing questions about the sustainability of this model of global health funding, and it will be necessary to explore how global health law could secure the development of financing institutions to ensure that funding for essential needs is sustained, equitable, and redistributive.
Sexual and Reproductive Health and Rights
Authors: Ahmed Aziza , McGovern Terry 
Published: June 2024

Abstract
This chapter, “Sexual and Reproductive Health and Rights,” provides an overview of sexual and reproductive health and rights (SRHR) as they emerged from the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and drove the creation of key international agreements under the 1994 Program of Action of the International Conference on Population and Development in Cairo and the 1995 Beijing Declaration and Platform for Action of the Fourth World Conference on Women. This evolution of international law to safeguard human rights has led to a paradigm shift in sexual and reproductive health—from a focus on population control, through maternal health, and onto reproductive health with greater respect for bodily autonomy and sexual rights. SRHR has now become formalized in human rights treaties and international agreements, institutionalized in the agendas of international organizations, and implemented in global governance to ensure sexual and reproductive health. Yet despite the progressive development of SRHR in global health law and policy, the SRHR agenda has faced recent obstacles from the rise of right-wing populism, leading to new opposition to feminist advancements and pushback against lesbian, gay, bisexual, and transgender (LGBT) rights.
Introduction
Authors: Nowak Manfred , Birk Moritz , Monina Giuliana 
Published: June 2024

Abstract
This introductory chapter begins with a background on the phenomenon of torture, which is defined as a direct and deliberate attack on the core of the human personality and dignity. It then discusses the drafting history, entry into force, status of ratification, and content and significance of the Convention against Torture and its Optional Protocol. The Convention against Torture was adopted in 1984 as a specialized human rights treaty in response to the widespread and systematic practice of torture in Latin America and other regions of the world. The remainder of the chapter covers the rules of interpretation; and the reservations, declarations of interpretation, and denunciation of the Convention and Protocol.
Preamble
Authors: Nowak Manfred , Birk Moritz , Monina Giuliana 
Published: June 2024

Abstract
This chapter deals with the Preamble of Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Like most other international human rights treaties, the Convention against Torture contain an extensive preamble. It places the obligations of States parties contained in the Convention in the context of the principles proclaimed in the Charter of the United Nations, and it emphasizes the natural-law origins of human rights. The text, as proposed in the original Swedish draft of 1980, was unanimously adopted with only a few changes suggested during the drafting in the Working Group of the Commission on Human Rights. The preamble reiterates the absolute prohibition of torture and cruel, inhuman, or degrading treatment, as contained in Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, and expresses the desire ‘to make more effective the struggle against Torture’ and cruel, inhuman, or degrading treatment.
Principle of Non-Refoulement
Authors: Ammer Margit , Schuechner Andrea 
Published: June 2024

Abstract
This chapter discusses Article 3 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 3 prohibits refoulement, which codifies an important principle of general international law and a norm of customary international law. According to this principle a State violates the absolute prohibition of torture not only if its own authorities subject a person to torture, but also if its authorities send a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. The Committee's task is to determine whether the expulsion, return, or extradition would violate the returning State party's obligation under Article 3 — and not whether the applicant's rights under the Convention against Torture have been violated by the receiving State.
The Convention as a Basis for Extradition
Authors: Schmidt Roland 
Published: June 2024

Abstract
This chapter discusses Article 8 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 8 seeks to remove, as far as possible, legal obstacles to extradition. It establishes an obligation to treat torture as an extraditable offence in bilateral or multilateral extradition treaties between State parties, and an obligation to recognize torture as an extraditable offence in domestic law. In addition, Article 8 authorizes State parties to consider the Convention as a legal basis for extradition and establishes a legal presumption of equality between the principles of territoriality and nationality.
Mutual Judicial Assistance
Authors: Schmidt Roland 
Published: June 2024

Abstract
This chapter discusses Article 9 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Articles 4 to 9 aim at avoiding safe havens for torturers by requiring State parties to criminalize torture (Article 4) and to establish different types of jurisdiction for the criminal offence of torture, including universal jurisdiction on the basis of the principle aut dedere aut judicare (Articles 5(2) and 7), as well as by obliging the forum State, i.e. any State party on the territory of which a suspected torturer is present, to take him or her into custody, carry out a preliminary inquiry of the facts and to proceed either to prosecution or extradition (Articles 6 and 7). These principle obligations are facilitated by requiring State parties to afford each other the greatest measure of mutual judicial assistance (Article 9).
Training of Personnel
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 10 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Articles 10 to 13 contain the most important provisions for the prevention of torture and other forms of ill-treatment. Article 10 requires each State party to ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials, and other persons who may be involved in the custody, interrogation, or treatment of any individual subjected to any form of arrest, detention or imprisonment. Each State party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such persons.