bluuebunny/crossref_metadata_2025_split huggingface dataset:
Definitions of Investment in Investment Laws
Authors: Petsche Markus 
Published: August 2024

Abstract
This chapter provides a general overview and analysis of definitions of ‘investment’ found in investment laws, with particular focus on how those definitions differ from treaty definitions. Sections II, III, and IV discuss, respectively, asset-based, enterprise-based, and activity/project-based definitions of ‘investment’. Section V explores the common requirement of a contribution of ‘capital’. Section VI analyses the requirement of a contribution to the host State’s economic development, a requirement that is almost entirely absent from treaty definitions but is contained in a number of investment laws. Section VII offers a few observations on the rather limited arbitral case law.Please suggest 5—10 keywords that can be used for describing the content of the chapter.
The Status of International Financial Institutions under International Law
Authors: Bradlow Daniel D 
Published: August 2024

Abstract
Chapter 4 evaluates the international legal status of the International Monetary Fund (IMF), and the institutions in the World Bank Group (WBG). For the purposes of the chapter, the most relevant members of the WBG are the three institutions that finance development projects in their member states. These are the International Bank for Reconstruction and Development (IBRD), the International Development Association (IDA), and the International Finance Corporation (IFC). The chapter begins by discussing the IMF and the WBG (collectively the international financial institutions) as subjects of international law. It then focuses on the privileges and immunities of the IFIs as actors under international law. International law, pursuant to Article 38 of the Statute of the International Court of Justice, can be understood to consist of any treaties to which the organizations are signatories, the principles of customary international law, and general principles of law.
The Protection of Intellectual Property Rights Under International Investment Law
Authors: Klopschinski Simon , Gibson Christopher S , Grosse Ruse-Khan Henning 
Published: August 2024

Abstract
Foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. During this time, another powerful trend has been transforming an important part of modern economies: they are becoming predominantly 'conceptual' and shifting the emphasis in asset valuation from physical to intellectual property (IP). A similar change can be observed in FDI: they are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book analyses the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the interaction of international investment law with IP-specific treaties and public policies; investor–state dispute settlement; IP-related investment cases; intellectual property as an investment; relative standards of treatment (such as national treatment and most-favoured-nation treatment); absolute standards of treatment (such as fair and equitable treatment and full protection and security); and expropriation. The book not only comprehensively describes how intellectual property rights are protected in the context of international investment law, but also attempts to fill gaps and address questions so far left open by the emerging case law addressing the IP–investment interface.
Expropriation
Authors: Klopschinski Simon , Gibson Christopher S , Grosse Ruse-Khan Henning 
Published: August 2024

Abstract
This chapter studies a third principal standard of treatment for foreign investors: protection from unlawful expropriation. An expropriation constitutes an interference with the existing proprietary position of a foreign investor. Protection against expropriation is a core guaranty of international investment law. The chapter then analyses the standards for direct and indirect expropriation in relation to intellectual property (IP) rights. It reviews the basic principles of expropriation under international investment law, treaty practice concerning expropriation, and investor–state dispute settlement (ISDS) cases where claims of expropriation were asserted for IP-based investments. The chapter also examines compulsory licences with respect to patents, although an investment case has not yet arisen. Not least in the context of the COVID-19 pandemic, the question arises whether compulsory licences under patents constitute an expropriation within the meaning of international investment agreement (IIA) and what role Article 31 of the TRIPS Agreement plays in this context. In addition, ISDS disputes had to address to what extent anti-smoking legislation constitutes an indirect expropriate of tobacco companies' trademarks.
Neutrality, Non-Belligerency, and the Prohibition of the Use of Force
Authors: Upcher James 
Published: August 2024

Abstract
This chapter discusses how the prohibition of the threat or use of force in international law challenges neutrality. The prohibition on the threat or use of force in international law throws into doubt the entire edifice on which the law of neutrality is built: the distinction between a state of belligerency and a state of neutrality, and the legality (or extra-legality) of war. In the past, at least in the nineteenth century, the formalism of international law distinguished sharply between different statuses and States were free to move between these categories. If the unrestricted right to go to war was the foundation of neutrality, and if that right has now been abolished, it may signal vast changes in the creation of neutral status in contemporary international law. One prominent view is that those changes have been very profound, and have altered the way in which neutrality is invoked. That view suggests that neutrality has been transformed into an optional legal status that States are free to take up or decline as they see fit, subject to those rules being displaced by the UN Charter. Those States that choose not to take up the status of neutrality upon an armed conflict breaking out occupy a position of non-belligerency; and they are free, in that status, to deviate from the substantive rules of neutrality.
Immunity of Property, Funds, and Assets (Article III Section 4 Specialized Agencies Convention)
Authors: Burci Gian Luca 
Published: August 2024

Abstract
This chapter discusses Article III Section 4 of the Specialized Agencies Convention, which sets forth the immunity of specialized agencies from legal process in broad and absolute terms. Unlike the General Convention, however, the diversity of the Specialized Agencies and their respective constitutive treaties, host agreements, and similar legal instruments have made it difficult to obtain coherent and uniform vision of their legal protection from the exercise of national jurisdiction. In countries that have acceded to it, the Specialized Agencies Convention plays a more or less prominent role, depending on the other applicable legal instruments and the characteristics of the national legal system concerned. The available case law points to a generally complementary or default role for the Specialized Agencies Convention, which is mentioned as the source of the immunity from legal process together with other instruments (as in the Ochani v WHO and Entico v UNESCO cases) or when no other instruments are applicable (as in the United States Lines v WHO case).
Exemptions from Taxes and Customs Duties (Article III Sections 9–10 Specialized Agencies Convention)
Authors: Martha Rutsel Silvestre J 
Published: August 2024

Abstract
This chapter discusses Article III Sections 9–10 of the Specialized Agencies Convention, which sets forth the exemption of the Specialized Agencies from taxes, import regulations/restrictions, and customs duties. The exemption largely corresponds to that accorded to the UN by Art. II Sections 7–8 of the General Convention, and has already been examined in the context of the commentary to the latter sections. Thus, the chapter focuses on particular issues and especially on those that arose in the context of development financing by the Specialised Agencies. Topics covered include exemptions from direct taxes; from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the specialized agencies for their official use; and from duties and prohibitions and restrictions on imports and exports in respect of their publications.
Officials (Article VI Sections 18–23 Specialized Agencies Convention)
Authors: Bandyopadhyay Ronja , Iwata Tomoko 
Published: August 2024

Abstract
This chapter discusses Article VI Sections 18–23 of the Specialized Agencies Convention, which grants privileges and immunities to the officials of the Specialized Agencies in accordance with specified categories, to be determined by each agency. The criteria used to define who is encompassed by the general category of ‘officials’ are devised in quite general terms: except for individuals who are both recruited locally and assigned to hourly rates, the privileges and immunities provided for in Art. VI and VIII are in principle granted to all members of the staff of the Specialized Agencies. This holds true regardless of whether the staff was hired on a continuing, fixed-term, or temporary appointment. Practice among Specialized Agencies varies considerably when it comes to devising the various categories falling under the notion of official. This is demonstrated by the Annexes to the Specialized Agencies Convention and the institutions' constituent instruments, particularly as far as the definition of senior officials (or executive heads) is concerned.
Dispute Settlement (Article VIII Sections 29–30 General Convention)
Authors: Schmalenbach Kirsten 
Published: August 2024

Abstract
This chapter discusses Article VIII Sections 29–30 of the General Convention. The UN is bestowed with legal personality and capacities and consequently bears responsibility for all acts and omissions of its organs and officials attributable to it. Given that jurisdictional immunities prevent legal proceedings from being pursued against the UN before national courts, Art. VIII Section 29 reflects the understanding that these immunities neither exonerate the UN from its duty to meet its responsibilities and obligations nor that the immunities be seen as tantamount to a denial of justice. In other words: The UN is immune from national jurisdiction but not from the substance of the claim. Consequently, Art. VIII Section 29 requires the UN to provide for an appropriate alternative mode of dispute settlement that cushions the adverse effects of its jurisdictional immunity. Art. VIII Section 30 facilitates the peaceful settlement of differences and disputes arising out of the legal status of the UN, its officials, and representatives to the UN within the legal order of member States. Art. VIII Section 30 should be read in two separate parts given that it contains two distinct dispute settlement clauses: the first sentence for inter-State disputes, and the second in conjunction with the third sentence for disputes between the UN and a State party.
Final Article (Final Article Sections 31–36 General Convention)
Authors: Binder Christina 
Published: August 2024

Abstract
This chapter discusses the Final Article, Sections 31–36, of the General Convention, which deals with issues which are usually regulated in the final provisions of a treaty. The Final Article establishes the form of adherence to the General Convention (accession), the Convention's entry into force and related State obligations (Sections 31, 32, and 34). It designates the Secretary-General as depositary of the General Convention and details certain of his duties (Sections 32 and 33). It addresses the duration and possible termination of the General Convention (Section 35) as well as the possible conclusion of supplementary agreements (Section 36). The Final Article's conception reflects the sui generis character of the General Convention. It sets a standard States may accede to by depositing their instrument of accession. Rights and obligations are directed towards the UN as an organization, rather than towards the other treaty parties.
Annex IX—International Telecommunication Union (ITU)
Authors: Bachmayer Peter 
Published: August 2024

Abstract
This chapter discusses Annex IX of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Telecommunication Union (ITU). The first International Telegraph Convention was signed in Paris on 17 May 1865, and the International Telegraph Union (the very first ‘incarnation’ of the ITU) was established to supervise subsequent amendments to the agreement, thus making the ITU the world's oldest international organization. Annex IX stipulates that the standard clauses of the Convention apply without modification to the ITU except for the provisions laid out in Art. IV Section 11 of the Convention. Hence, the ITU does not enjoy the privileges and immunities concerning facilities in respect of communications which the Specialized Agencies are generally granted under the Specialized Agencies Convention. The remainder of the chapter covers the drafting history and key elements of Annex IX.
Introduction
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This introductory chapter provides an overview of investor-state arbitration. The modern law for protection and promotion of foreign investment is codified in a vast network of bilateral and multilateral investment treaties. Under these treaties, foreign entities from a signatory state that have made a qualifying investment in the territory of another signatory state enjoy a range of protections. When an investor feels that its rights under the treaty have been violated, it can directly sue the host state of investment before an international arbitral tribunal. The chapter then explains the importance of foreign investment for capital importers; the protection of investment as a fundamental condition for attracting foreign investment; investment treaties and Investor-State dispute settlement (ISDS) as a key tool in providing such protection; the global backlash against the ISDS; and initiatives to reform the ISDS system.
History and Limitations of the Traditional System for Resolving Investment Disputes
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter discusses the history and limitations of the traditional system for resolving investment disputes. Foreign investors often encounter serious obstacles to obtaining redress in the host country’s courts. These include local bias, state immunity, inefficient judiciaries, and the Calvo Doctrine. As a result of these potential shortcomings, foreign companies frequently look to courts in other countries with a factual connection to the dispute, most often the investor’s domicile. However, they then face an entirely different, but no less challenging, series of obstacles. These include jurisdiction, foreign sovereign immunity, the act of the state doctrine, and choice of law. In addition, foreign investors have at times met with political hostility in response to attempts to recover their investments. Foreign investors historically had little choice in terms of available judicial remedies. A more common and less extreme channel of recourse, and one still occasionally used today, was diplomatic espousal by the investor’s home state.
Governing Law in Investment Disputes
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter addresses the primary sources of substantive law pertinent to investment disputes: rules or contractual terms agreed to by the parties, if any; public international law, including the investment treaties themselves; and the law of the host state, and other relevant rules of national law. Various arbitral rules anticipate an important role for the parties’ agreement over substantive law. Article 42(1) of the ICSID Convention recognizes the principle of party autonomy, mandating that a tribunal shall apply any ‘rules of law’ that the parties have selected. Public international law also plays a major role in investment arbitration. Investment treaties are the main instruments by which states expressly consent to arbitrate and to grant substantive protections to foreign investors. Meanwhile, host state law manifests itself at several levels particularly where the parties to a dispute have selected it as the law governing their contractual relations, or where the relevant investment treaty contemplates a role for it.
Investors
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter covers a range of legal issues relating to the standing of natural and legal persons to bring claims under customary international law, investment treaties, and the ICSID Convention. Determining whether a foreign investor satisfies the nationality requirements of an investment treaty or the ICSID Convention can be a complex exercise, given the myriad investment structures by which corporations and individuals hold assets. In some cases, a company formed in the home state of the investor will have made an investment directly in the host state, giving rise to little debate as to the entity’s standing to bring a claim against the host state. In many other cases, however, the factual circumstances are more intricate. The ultimate contributor of capital may have made its investment through several layers of companies, incorporated in different jurisdictions. Some intervening corporate vehicles may benefit from investment treaties with the host country, whereas others may not.
Non-living Resources on the Continental Shelf Beyond 200 Nautical Miles
Authors: Mossop Joanna 
Published: August 2024

AbstractThis chapter focuses on the exploitation of non-living resources on the continental shelf. Article 82 of the Law of the Sea Convention (LOSC) establishes a process whereby coastal States are required to make payments or contributions in kind through the International Seabed Authority (ISA) when exploitation occurs on the extended continental shelf. This chapter discusses the negotiating history of article 82 and some of the issues that have been raised about how it is to be interpreted. In some cases, States will face a situation where hydrocarbons or minerals are located across a boundary or partly on the continental shelf and partly in the area governed by the ISA. The chapter suggests approaches for dealing with these difficulties. It also suggests that joint development areas should consider how article 82 is to be applied. Finally, the chapter discusses some issues relating to installations and structures on the continental shelf and carbon sequestration.
Overview
Authors: Jarvis Michelle 
Published: August 2024

Abstract
This introductory chapter examines the work of the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY), which has had to grapple with the challenge of establishing accountability for sexual violence crimes committed during conflicts in the former Yugoslavia. The OTP aims to develop a more accurate and comprehensive understanding of the nature of conflict-related sexual violence and its impact on victims; interpret provisions of international criminal law in a more accurate light that better reflects the experiences of both women and men, girls and boys; and appropriately prioritize accountability for sexual violence crimes amid the other pressing demands of a nascent prosecution office facing significant threats to the successful commencement—let alone completion—of its mandate.
International Concern Regarding Conflict-related Sexual Violence in the Lead-up to the ICTY’s Establishment
Authors: Harbour Grace 
Published: August 2024

Abstract
This chapter explores the emergence of concern over sexual violence in the lead-up to the creation of the International Criminal Tribunal for the Former Yugoslavia (ICTY). It situates the issue of sexual violence in context as the Office of the Prosecutor (OTP) began its work-as reports of the violent and often public nature of sexual violence, against both males and females, which were accompanied by brutal executions, destruction of homes, and other mass violence, captured international attention in a way not previously seen, thus influencing the creation and mandate of the ICTY and the OTP. With the voluminous and varied results of several fact-finding investigations in hand, the OTP began its work in pursuing accountability for sexual violence under the intense scrutiny of a horrified international public.
Contextualizing Sexual Violence
Authors: Baig Laurel , Jarvis Michelle , Salgado Elena Martin , Pinzauti Giulia 
Published: August 2024

Abstract
This chapter explores strategies for demonstrating connections between sexual violence and the context in which it is committed through the selection of crimes. Accurately contextualizing sexual violence to draw out these important connections can be a challenge for prosecutors because it forces them to confront misconceptions about these crimes. In particular, the failure to see rape and other similar acts as violent crimes and the assumption that sexual violence is an ‘incidental’ by-product of conflict makes one prone to missing connections between these crimes and their context. In addition, this chapter also summarizes the key insights of the Office of the Prosecutor (OTP) for developing more advanced strategies to prosecute sexual violence as an international crime.
Introduction: The Path to the UN Watercourses Convention and
Beyond
Authors: McCaffrey Stephen C 
Published: August 2024

Abstract
This chapter provides an overview of the path to the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, focusing on the principal factors that influenced and shaped it. It first reviews the work of two non-governmental organizations that helped lay the groundwork for the Convention, the Institute of International Law (IIL) and the International Law Association (ILA), before discussing the UN General Assembly’s resolution referring the international watercourses topic to the International Law Commission (ILC). It then considers the work of the ILC that provided the basis for the Convention’s negotiation and describes the action on the ILC’s Draft Articles in the UN General Assembly, the Convention’s entry into force, implementation, and reception. It also examines the ILC’s work on transboundary groundwater as an extension of its study of shared freshwater resources.
The
Choice of a Framework Convention
Authors: Doumbé-Billé Stéphane , Paccaud Françoise 
Published: August 2024

Abstract
This chapter provides an overview of the framework convention that was adopted for the UN Watercourses Convention. According to the Convention’s preamble, ‘a framework convention will ensure the utilization, development, conservation, management and protection of international watercourses and the promotion of the optimal and sustainable utilization thereof for present and future generations’. Before discussing this distinctive nature of a framework convention, the chapter considers the relevance of selecting the framework convention model for regulating the uses of international watercourses. In particular, it describes the framework convention as a harmonization tool and its use in response to a practical need. It then examines whether the framework convention is an appropriate technique for the Convention, focusing on the ambiguity of the nature of the Convention vis-à-vis its content and how the uses of international watercourses promote regionalism over universalism.