bluuebunny/crossref_metadata_2025_split huggingface dataset:
Procedural Safeguards During the Preliminary Investigation Phase
Authors: Schmidt Roland 
Published: June 2024

Abstract
This chapter discusses Article 6 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Articles 6 to 9 are closely linked to the obligation of States parties under Article 5 to establish jurisdiction over the offence of torture in accordance with the territoriality, flag, nationality, and universal jurisdiction principles. Most of the procedural safeguards provided for in Article 6 are fairly self-evident. If the suspected torturer is present in the territory of the State which initiates criminal proceedings, its authorities shall take him or her into custody or take other legal measures to ensure his or her presence. After taking the necessary measures to ensure the presence of the suspected torturer, the criminal investigation authorities shall make a preliminary inquiry into the facts and report the findings of such an inquiry to other States which may be interested or obliged under the Convention to exercise jurisdiction.
Right of Victims to Complain
Authors: Birk Moritz 
Published: June 2024

Abstract
This chapter discusses Article 13 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. While Article 12 requires States parties to carry out ex officio investigations whenever there is a suspicion of torture or other form of ill-treatment, Article 13 requires such investigation in response to a complaint by the victim. Article 13 constitutes the basic remedy of torture victims, and is aimed at having the facts established by a competent and independent authority. Depending on the facts of the case, a complaint may also lead to further action to bring the perpetrators to justice under criminal law (Articles 4 to 9).
Right of Torture Victims to Adequate Remedy and Reparation
Authors: Lober Johanna , Schuechner Andrea 
Published: June 2024

Abstract
This chapter discusses Article 14 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 14 aims at restoring the victims' dignity and preventing the reoccurrence of acts in contravention of the Convention in the future through the provision of full redress. The right to a remedy and to reparations enshrined in Article 14 is closely interrelated with a number of other provisions of the Convention. A failure of States parties to undertake prompt and impartial investigations whenever reasonable grounds exist that an act of torture or other forms of ill-treatment has been committed is a violation of Article 14.
Cruel, Inhuman or Degrading Treatment or Punishment
Authors: Zach Gerrit , Birk Moritz 
Published: June 2024

Abstract
This chapter discusses Article 16 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 16 mirrors Article 2 and provides a broad obligation of States to prevent cruel, inhuman or degrading treatment, or punishment. Issues of interpretation that have been thoroughly debated are the scope of Article 16 and which State obligations, as outlined by the Convention, are not only applicable to torture, but also to cruel, inhuman or degrading treatment or punishment. Developments over time in terms of how to interpret these State obligations can especially be witnessed vis-à-vis the legal qualification of corporal and capital punishment.
State Reporting Procedure
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 19 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The State reporting process monitors the implementation of human rights treaties at the national level and creates a basis for constructive dialogue between States and treaty bodies. It is the only mandatory monitoring mechanism included in all nine core human rights treaties and under two Optional Protocols to the Convention of the Right of the Child. Article 19 requires States parties to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give effect to their undertakings under this Convention, within one year after the entry into force of the Convention for the State Party concerned.
Amendment
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 29 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 29 allows any State Party to this Convention to propose an amendment and file it with the Secretary-General of the United Nations. Article 29 is based on the fairly complicated and impractical amendment procedure of Article 51 of the International Covenant on Civil and Political Rights. While Article 51(2) of the International Covenant on Civil and Political Rights requires approval by the General Assembly and a two-thirds majority of the States parties, Article 29 of the Convention against Torture excludes any role of the General Assembly. Instead of four stages, Article 29 only requires three stages: (1) approval of a special conference by one-third of the States parties; (2) adoption of the text of the amendment by simple majority of the States parties present at such a conference; and (3) the subsequent acceptance by two-thirds of the States parties in accordance with their respective constitutional processes.
Settlement of Disputes
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 30 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The article states that any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any of those Parties may refer the dispute to the International Court of Justice. Thus far, neither the optional inter-State communication procedure nor the dispute settlement procedure have proven more successful. Out of 162 States parties, only 24 States parties are currently making use of their opting-out power under Article 30(2) — until now Article 30 was applied only once in the case Belgium v Senegal before the International Court of Justice.
Denunciation
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 31 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The article states that State a Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.
Authentic Texts
Authors: Monina Giuliana 
Published: June 2024

Abstract
This chapter discusses Article 33 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 33 of the Convention against Torture represents the customary final clause of treaties concluded under the auspices of the United Nations. In conformity with the procedure common for UN treaties, it states that the text is equally authentic in all UN languages officially recognized at the date the treaty was adopted. This means that the six designated languages, which are also today recognized as the official UN languages, are equally controlling for the interpretation of the text, whereby it can be assumed that the terms in the Convention have the same meaning in each authentic text. Should a comparison of the authentic texts discover a difference in meaning, the true meaning is to be ascertained by applying the rules of interpretation set down in Articles 31, 32 and 33(4) of the Vienna Convention on the Law of Treaties.
Obligations of the Subcommittee Concerning Country Missions
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 13 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 13 of the Optional Protocol contains corresponding Subcommittee on Prevention of Torture (SPT) obligations regarding the conduct of missions and visits. Taking into account the main objective of the Protocol, namely to establish a system of regular and preventive visits to places of detention, and the guiding principles of impartiality, non-selectivity, universality, and objectivity, the SPT shall establish a programme of regular missions, at first by lot. It shall notify the States parties of this programme in order to enable the governments concerned to make the necessary practical and logistical arrangements for the country missions.
Establishment of National Preventive Mechanisms
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 17 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 17 of the Optional Protocol repeats the obligation of States parties under Article 3 of the Optional Protocol to maintain, designate, or establish one or several independent national mechanisms for the prevention of torture at the domestic level. The two-pillar system corresponds to a general rule that States have the primary responsibility under international law to respect, protect, and ensure the human rights of all people subject to their jurisdiction, whereas monitoring by international bodies of States' compliance with their international human rights obligations is only of a complementary nature.
Relation to the International Committee of the Red Cross
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 32 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. In times of international armed conflict, the International Committee of the Red Cross (ICRC) is authorized by the Geneva Conventions to visit all places of detention where prisoners of war, detained civilians, and other protected persons are or may be. The original Costa Rica Draft and Article 17(3) of the European Committee for the Prevention of Torture are based on the principle that a visit by the ICRC should be given preference to visits by a human rights-monitoring body which, therefore, shall refrain from visiting place of detention that are visited by the ICRC. Article 32 of the Optional Protocol is, however, based on the opposite principle, namely that both types of visits are complementary and demand cooperation between the Subcommittee and the ICRC.
Amendments
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 34 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The article allows any State Party to the present Protocol to propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to the States Parties to the present Protocol with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal.
The Environmental Sustainability Principles
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter considers principles concerned with the transboundary environmental sustainability of energy systems in transition outside of the climate context. It mentions how environmental sustainability adds further consideration to energy transition governance. Moreover, transboundary environmental sustainability in the climate context is closely related to climate principles. The transboundary environmental sustainability issues faced by energy transition outside of the immediate climate context range between resource extraction, building a circular energy economy, and climate engineering. Meanwhile, the core principles significant in the international environmental setting beyond the climate regime are the right to participation in environmental decision-making, the obligation to protect biodiversity, and the obligation to protect the oceans.
Community and Indigenous Rights Principles
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter explores community and indigenous rights principles. While energy transition is a global policy problem, the work needed for the energy transition is always local somewhere. The protection of local communities directly affected by energy transition activities is a critical component of energy transition governance. As energy transition requires a radical shift in energy value chains, energy transition imposes a significant strain on affected communities and then communities will have to navigate the benefits and drawbacks of having large energy value chain projects located in their backyard. The chapter clarifies the general applicability of the aforementioned eight principles as they do not strictly apply to energy transition issues.
The Actors of International Economic Law
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter focuses on the actors of international economic law. It starts with the subjects of international law, which is primarily the States, and the actors in international economic relations. The scope of actors in international economic relations reaches well beyond international legal subjects as they shape today’s international economic acne and influence the formulation of rules and standards. The chapter mentions the significance of the development of human rights standards and the possibility of investors bringing claims against a State before the International Centre for Settlement of Investment Disputes (ICSID). It then discusses the interplay between private enterprises and standards for transnational corporations.
The General Agreement on Trade in Services (GATS)
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter highlights the importance of The General Agreement on Trade in Services (GATS). It defines GATS' scope of application, which also coincides with its concurrent application with the General Agreement on Tariffs and Trade (GATT) 1994. The GATS extends to all measures which affect trade in services and covers all services in any sector except for those supplied in the exercise of governmental authority. However, some commitments under the GATS generally prohibit restrictive measures, even if these are applied in a non-discriminatory manner. The chapter also cites that the GATS establishes specific rules for the financial sector which have great potential for cross-border services but also create opportunities for tax evasion.
Letters of Credit
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter highlights the importance of letters of credit in international sales as an instrument for payment in international documentary sales. Letters of credit primarily establish an undertaking of a bank acting on behalf of the buyer or the seller. The chapter then discusses the key concepts of documentary credit and a standby letter of credit. On the other hand, a revocable letter of credit can be altered or cancelled by the applicant or the issuing bank without prior notice or consultation with the beneficiary. However, a revocable letter of credit offers little protection to the beneficiary so it is hardly used.
International Accounting Standards
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter notes how International accounting standards play a vital role for any internationally operating public company. It elaborates on the broad recognition of the standards of the International Accounting Standards Board (IASB) on a global level. Additionally, the standards are the basis for international annual accounts and other financial statements. In the United States, on the other hand, annual accounts must conform to the United States Generally Accepted Accounting Principles (US-GAAP). The chapter then cites that the IASB and the Financial Accounting Standards Board (FASB) are constantly updating their standards while establishing an agreement on a roadmap for convergence.
Insulting Speech
Authors: Webb Philippa , Milo Dario , Garciandia Rosana 
Published: June 2024

Abstract
This chapter assesses the current state of international and domestic laws on insulting speech, and how these laws are used to attack journalists and other speakers. International and regional bodies generally agree that imprisonment is not an appropriate penalty in defamation laws or similar laws used to target insults to public officials, such as sedition or lèse-majesté. However, more than 160 countries still have criminal defamation laws on their books, and many of these—instead of providing extra protection for political speech—include aggravated punishment for speech that criticizes public officials, heads of state or the state itself. These laws are used to devastating effect on citizens and the media across the world. The chapter proposes recommendations based on international standards to address gaps or inconsistencies in international human rights law, including the decriminalization of insulting speech.
Speech Related to National Security: Terrorism Laws
Authors: Gardoll Alice 
Published: June 2024

Abstract
Regulation of terrorist-related speech walks a legal tightrope. Terrorist attacks can lead to huge loss of life, and limiting their occurrence is a key priority of governments and social media companies the world over. But fundamental disagreements exist about the definition of terrorism, the type of speech that may cause or contribute to it, and where the line should be drawn between protecting speech versus protecting communities against potential violence. Counterterrorism and public order laws have also been used across the world to chill speech by journalists or state critics. This chapter assesses international and state practice regarding the application of terrorism, extremism and public order laws. It discusses the international standards applicable to this speech and areas of divergence between international and regional bodies in applying these standards. For example, this chapter explores the challenges that arise when considering whether offences such as ‘glorification’, ‘promotion’ and ‘justification’ of terrorism fulfil minimum intent and causation requirements under international law. The chapter provides recommendations to both states and technology and social media companies, drawing on international standards and best practices, to ensure that their approach to terrorist-related speech does not violate freedom of expression.
Dynamical structures of misaligned circumbinary planets under hierarchical three-body systems
Authors: Lei Hanlun , Gong Yan-Xiang 
Published: June 2024

ABSTRACT
All circumbinary planets (CBPs) currently detected are located in almost co-planar configurations with respect to the binary orbit, due to the fact that CBPs with higher misalignment are more difficult to detect. However, observations of polar circumbinary gas and debris discs in recent years and long-term orbital stability of inclined planets indicate that it is possible to form misaligned CBPs around eccentricity binaries (even polar CBPs). In this work, we focus on the dynamical structures of CBPs in a wide range of parameters in order to provide a guidance for the space where the binary can host planets for a long enough time. To this end, the dynamical model is approximated as a hierarchical three-body problem, and the secular approximation is formulated up to the hexadecapolar order in semimajor axis ratio. Dynamical maps show that there are complex structures in the parameter space. A web of secular resonances is produced in the entire parameter space and it can well explain those numerical structures arising in dynamical maps. Based on perturbative treatments, an adiabatic invariant is introduced and thus dynamical structures can be explored by analysing phase portraits. It is found that (a) the quadrupole-order resonance (nodal resonance) is responsible for the distribution of V-shape region, and high-order and secondary resonances dominate those structures inside or outside V-shape region, and (b) the secondary 1:1 resonance is the culprit causing symmetry breaking of dynamical structures inside polar region.
High-density resolution of the Kaposi's sarcoma associated herpesvirus transcriptome identifies novel transcript isoforms generated by long-range transcription and alternative splicing
Authors: Shekhar Ritu , O'Grady Tina , Keil Netanya , Feswick April , Amador David A Moraga , Tibbetts Scott A , Flemington Erik K , Renne Rolf 
Published: June 2024

Abstract
Kaposi's sarcoma-associated herpesvirus is the etiologic agent of Kaposi's sarcoma and two B-cell malignancies. Recent advancements in sequencing technologies have led to high resolution transcriptomes for several human herpesviruses that densely encode genes on both strands. However, for KSHV progress remained limited due to the overall low percentage of KSHV transcripts, even during lytic replication. To address this challenge, we have developed a target enrichment method to increase the KSHV-specific reads for both short- and long-read sequencing platforms. Furthermore, we combined this approach with the Transcriptome Resolution through Integration of Multi-platform Data (TRIMD) pipeline developed previously to annotate transcript structures. TRIMD first builds a scaffold based on long-read sequencing and validates each transcript feature with supporting evidence from Illumina RNA-Seq and deepCAGE sequencing data. Our stringent innovative approach identified 994 unique KSHV transcripts, thus providing the first high-density KSHV lytic transcriptome. We describe a plethora of novel coding and non-coding KSHV transcript isoforms with alternative untranslated regions, splice junctions and open-reading frames, thus providing deeper insights on gene expression regulation of KSHV. Interestingly, as described for Epstein-Barr virus, we identified transcription start sites that augment long-range transcription and may increase the number of latency-associated genes potentially expressed in KS tumors.