bluuebunny/crossref_metadata_2025_split huggingface dataset:
Absolute Standards of Treatment
Authors: Klopschinski Simon , Gibson Christopher S , Grosse Ruse-Khan Henning 
Published: August 2024

Abstract
This chapter assesses the absolute standards of treatment, focusing on the multifaceted fair and equitable treatment (FET) standard and the related concept of full protection and security (FPS). After considering trends in state and arbitral practice with regard to FET and FPS, it investigates how these investment standards apply to intellectual property (IP) rights as protected investments. The FET standard has developed into a multitude of elements or factors—such as the protection of legitimate expectations, stability, proportionality, transparency, as well as prohibitions of denial of justice, arbitrariness, and unjustified discrimination—many of which have been considered in the IP-related investor–state dispute settlement (ISDS) Awards issued so far. The FPS standard on the other hand bears a specifically close relation to IP enforcement standards, such as those set out in Part III (Articles 41–61) of the TRIPS Agreement. The chapter then looks at the crucial issue of balancing investor protection with the state’s right to regulate—another aspect that was at the forefront of some of the so far existing IP ISDS cases.
Inviolability of Premises (Article III Section 5 Specialized Agencies Convention)
Authors: Pavoni Riccardo 
Published: August 2024

Abstract
This chapter discusses Article III Section 5 of the Specialized Agencies Convention, which sets forth the principle of the inviolability of the premises of the Specialized Agencies, as well as the immunity of the agencies' property and assets from any form of executive, administrative, judicial, or legislative interference. Its wording is identical to Art. II Section 3 General Convention. Practice indicates that, unlike the diplomatic missions and consular posts of foreign States, the Specialized Agencies have not experienced major and long-lasting challenges to, or breaches of the inviolability of their premises and property as set out in Art. III Section 5 of the Specialized Agencies Convention. Yet, as the recent attacks and damage to UN facilities in the Occupied Palestinian Territory show, the growing presence of the Specialized Agencies and other international organizations in areas torn by armed conflict, humanitarian crises, and social unrest engenders a heightened risk for the independence and security of their premises and property.
Inviolability of Archives (Article II Section 4 General Convention)
Authors: Burci Gian Luca 
Published: August 2024

Abstract
This chapter discusses Article II Section 4 of the General Convention, which sets forth the inviolability of the archives of the United Nations, and in general all documents belonging to it or held by it, regardless of the location. The inviolability of the UN' archives, information, records, and internal documents is probably one of the most specific articulations of its privileges and immunities that has undergone and is still undergoing a substantial development from a conceptual, political, and practical point of view. The social and political discourse surrounding the legitimacy, accountability, and transparency of international organizations has influenced and reduced the material scope of Art. II Section 4. From a general claim that whatever was not released to the public (mostly official documents of the UN's intergovernmental bodies) was protected by inviolability, the UN, its funds, and programmes have moved to the position that the default is the accessibility of their records except for an exhaustive list of reasons justifying classification and confidentiality.
Representatives of Members (Article IV Sections 11–16 General Convention)
Authors: Kriebaum Ursula 
Published: August 2024

Abstract
This chapter discusses Article IV Sections 11–16 of the General Convention, which deal with privileges and immunities of representatives of member States to organs of the UN and to conferences convened by the UN. The aim of these provisions is to provide the representatives of member States with the privileges and immunities necessary for the exercise of their functions. It is shown that Art. IV Sections 11–16 have only partially achieved the drafters' objective of specifying the scope of functional immunity stipulated in Art. 105(2) of the UN Charter. States only occasionally rely on the former in asserting privileges and immunities; instances of isolated invocation are rare. A common denominator is the simultaneous application of pertinent regimes contained in headquarters or conference agreements, the UN Charter, the Vienne Convention on Diplomatic Relations (VCDR), and national legislation, blurring delimitations. Contrary to their intended purpose, the relevant provisions of the General Convention are primarily relied upon as a supplementary basis of functional immunity rather than a definition thereof.
Laissez-Passer (Article VII Sections 24–28 General Convention)
Authors: Schoiswohl Michael 
Published: August 2024

Abstract
This chapter discusses Article VII Sections 24–28 of the General Convention. UN officials will inevitably require travelling to countries other than their own in exercising their functions and in fulfilling the purposes of the UN, as enshrined in Art. 1 of the UN Charter. The availability of the fullest possible facilities for official travel, in particular for expedited and unhindered travel, has been recognized early on as an essential part of any regime of privileges and immunities. Art. VII is intended to facilitate such travel of UN officials, namely the United Nations Laissez-Passer (UNLP). However, while the UNLP goes to the heart of the provision, Art. VII and its Sections 24 to 28 of the General Convention are not confined to issues relating to UNLPs and the facilitation of travel of UN officials. It recognizes that a range of persons perform functions for the UN, not only as UN officials, but also as experts on mission as discussed under Art. VI of the General Convention, and the significance of their ability to travel on the business of the UN. Accordingly, Article VII also covers travel facilities of experts on mission and other persons travelling on the business of the UN, including family members of UN officials accompanying them at the expense of the Organization.
Final Provisions (Article XI Sections 41–49 Specialized Agencies Convention)
Authors: Binder Christina 
Published: August 2024

Abstract
This chapter discusses Article XI Sections 41–49 of the Specialized Agencies Convention, which deals with issues which are usually regulated in the final provisions of a treaty. Art. XI establishes the form of adherence to the Specialized Agencies Convention (accession), the Convention's entry into force and related state obligations (Sections 41–44, 46). It also provides for a possible extension of the application of the provisions of the Specialized Agencies Convention to further agencies (Sections 43, 44). It designates the UN Secretary-General and the executive head of a respective Specialized Agency as joint depositaries (Section 42) and details some of their duties (Sections 45, 47.4, 49). It addresses a possible revision of the Specialized Agencies Convention (Sections 47.1, 48) and the conditions for the withholding of the benefits from a specialized agency (Section 47.2, 3). While the issues dealt with are thus similar to those in the General Convention, the complex structure of the Specialized Agencies Convention, with different annexes for the specific agencies, is also reflected in the more complex final provisions.
Annex I—International Labour Organization (ILO)
Authors: Geckeler Tilmann 
Published: August 2024

Abstract
This chapter discusses Annex I of the Specialized Agencies Convention that deals with the International Labour Organization (ILO). In line with the purpose of using distinct annexes to the Specialized Agencies Convention to accommodate the particular needs of each Specialized Agency, Annex I reflects the main particularities of the ILO. Above all, its famous unique tripartite structure is specially protected through the immunities granted to the Employers' and Workers' members of the Governing Body. In addition, the ILO's essential constitutional function of supervising the application of international labour standards is specially protected through the privileges and immunities of experts on mission, which are accorded to persons involved in the supervision who are neither officials nor representatives of Members. However, an important weakness of the Annex lies in the insufficient protection of the freedom of speech of Employers' and Workers' representatives in ILO bodies in their own country.
Annex XII—International Maritime Organization (IMO)
Authors: Reinisch August 
Published: August 2024

Abstract
This chapter discusses Annex XII of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Maritime Organization (IMO). Annex XII of the Specialized Agencies Convention provides for a number of additional privileges and immunities, not routinely applying by operation of the Convention itself. It accords the privileges and immunities, exemptions, and facilities referred to in Article VI, Section 21, of the standard clauses to the Secretary General of the IMO, to the Deputy Secretary-General and to the Secretary of the Maritime Safety Committee. Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for, the Organization are also accorded privileges and immunities so far as is necessary for the effective exercise of their functions, including immunity from personal arrest or seizure of their personal baggage and inviolability of all papers and documents relating to the work on which they are engaged for the Organization.
Annex XIV—International Development Association (IDA)
Authors: Okeke Edward Chukwuemeke 
Published: August 2024

Abstract
This chapter discusses Annex XIV of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Development Association (IDA). The IDA is a Specialized Agency established by agreement among its member Governments and having wide international responsibilities, as defined in its Articles of Agreement, in economic and related fields. On 13 February 1962, the Executive Directors of IDA adopted a Resolution to approve the Text of Annex XIV of the Specialized Agencies Convention. Art. VIII (Status, Immunities, and Privileges) of the Articles of Agreement of IDA is a carbon copy of Art. VII of the Articles of Agreement of the Bank. Consequently, the Commentary on Annex VI of the Specialized Agencies Convention applies mutatis mutandis to this Annex.
Annex XVI—International Fund for Agricultural Development (IFAD)
Authors: Martha Rutsel Silvestre J 
Published: August 2024

Abstract
This chapter discusses Annex XVI of the Specialized Agencies Convention, which modifies the standard clauses of the Convention and their application in respect to the International Fund for Agricultural Development (IFAD). Annex XVI provides for a number of additional privileges and immunities not routinely applying by operation of the Convention itself. It accords the privileges, immunities, exemptions, and facilities referred to in Section 21 of the standard clauses to any Vice-President of the Fund. Experts (other than officials coming within the scope of Article VI) serving on committees of, or performing missions for the Fund are also accorded privileges and immunities so far as is necessary for the effective exercise of their functions, including immunity from personal arrest or seizure of their personal baggage and inviolability of all papers and documents relating to the work on which they are engaged for the Fund.
The Modern System of Investor-State Arbitration
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter examines the modern system of investor-state arbitration. The International Centre for the Settlement of Investment Disputes (ICSID), created pursuant to Article 1 of the ICSID Convention, has come to play a central role in the new system of investor-state arbitration. The cornerstone of ICSID’s jurisdiction is the consent of host countries to resolve investment disputes with foreign investors through international arbitration administered by ICSID, an institution under the umbrella of the World Bank. Host states may provide their consent in individual investment contracts, in national domestic investment laws, or through bilateral and multilateral investment treaties. Bilateral investment treaties typically determine the scope of the application of the treaty, define which investments and investors qualify for protection, provide a number of substantive protections, and create procedures for the settlement of disputes. The chapter then considers multilateral investment treaties and free trade agreements with investment chapters as well as the role of national investment legislation.
Jurisdiction Ratione Temporis
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter identifies the basic temporal rules and issues that arise in investment treaty cases. In international law, facts must be appreciated in light of the law contemporary with them, and not of the law in force at the time a dispute arises or falls to be settled. This non-retroactivity rule, which is codified in Article 13 of the International Law Commission Articles on State Responsibility for Internationally Wrongful Acts, does not prevent a tribunal from considering acts before a treaty entered into force when determining whether a state violated the treaty through conduct that took place after the entry into force of the treaty. Meanwhile, general international law does not necessarily prevent an investment treaty from applying a dispute that arises before its entry into force.
Exhaustion of Local Remedies
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter discusses the exhaustion of local remedies and the notion of futility. The requirement of exhaustion of local remedies is a longstanding rule of customary international law that was developed in the context of diplomatic protection. Under this rule, where a state commits an act that injures a foreign person, the victim traditionally must exhaust all the effective domestic legal remedies before its home government can espouse its claim in the exercise of diplomatic protection. The exhaustion of local remedies may also be required as a substantive element of some international wrongs, such as denial of justice. Most modern investment treaties, however, do not require exhaustion of local remedies as a precondition to submission to arbitration.
State Responsibility, Attribution, and Circumstances Precluding Wrongfulness
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter looks at the rules governing the determination of state responsibility. In 2001, the International Law Commission, as part of its mandate to codify and progressively develop international law, adopted rules reflecting customary law on state responsibility, the Articles on Responsibility of States for Internationally Wrongful Acts (the ILC Articles). Among the rules on state responsibility, attribution and circumstances precluding wrongfulness have been at the centre of numerous investment treaty disputes. Attribution is the process through which the actions and omissions of agents and representatives is imputed to a state. Meanwhile, under customary international law, respondent states can assert a variety of defences to justify their failure to abide by international obligations. The ILC Articles refer to such defences as ‘circumstances precluding wrongfulness’. These circumstances include necessity.
Proving Crimes of Sexual Violence
Authors: Gopalan Priya , Kravetz Daniela , Menon Aditya 
Published: August 2024

Abstract
This chapter details an account of the experience of the Office of the Prosecutor (OTP) in presenting evidence of sexual violence in the courtroom, showing how successful outcomes for sexual violence prosecutions depend upon effective contributions from many different actors throughout the legal process. Victims play a key role and are at the heart of many sexual violence prosecutions. As each victim is impacted differently by sexual violence, the OTP has been guided by a witness-centred approach, tailored to the needs of each individual. Yet while victims are an important source of evidence in sexual violence cases, diversifying sources of evidence can also improve the prosecution’s ability to secure sexual violence convictions. Additionally, this chapter examines the broad range of evidence-including testimony from victims and other witnesses, as well as expert, forensic, and documentary evidence—that is potentially relevant.
Sentencing for Sexual Violence Crimes
Authors: Baig Laurel 
Published: August 2024

Abstract
This chapter evaluates the experience of the Office of the Prosecutor (OTP) in relation to sentencing for crimes involving sexual violence at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Sentencing is a component of OTP practice that has received comparatively limited attention, with the main focus instead being on establishing the guilt of the accused for the crimes charged. One of the key reasons for this has been the ICTY’s practice of addressing sentencing matters as part of the main trial proceedings, rather than holding a separate sentencing hearing once a conviction has been entered. Moreover, after examining the lengths of sentences imposed for sexual violence crimes, this chapter also addresses the considerations relevant to individualizing a sentence—gravity of the criminal conduct, aggravating circumstances, and mitigation and, where possible, the focus will be on those aspects most relevant to crimes of sexual violence.
Using the OTP’s Experience with Sexual Violence Prosecutions as a Springboard for Building National Capacity
Authors: Brammertz Baron Serge , Jarvis Michelle , Šoljan Lada 
Published: August 2024

Abstract
This chapter focuses on the increasingly important topic of building national capacity for sexual violence prosecutions, as transferring information and expertise to assist with the multitude of conflict-related sexual violence cases pending in countries of the former Yugoslavia would be a key step in the mandate completion of the Office of the Prosecutor (OTP). With that in mind, this chapter identifies some of the difficulties arising in national systems in prosecuting conflict-related sexual violence, tracks the OTP’s national capacity building efforts from earliest initiatives, and examines OTP strategies for transferring expertise and information from international to national level. Furthermore, this chapter considers the scope for ICTY procedural and substantive case law concerning sexual violence crimes to help strengthen national legislative and other legal frameworks, and the manner in which the OTP’s experience with conflict-related sexual violence crimes is helping to build national capacity for prosecutions around the world.
Definitions and Use of Terms (Article 2)
Authors: Rieu-Clarke Alistair 
Published: August 2024

Abstract
This chapter focuses on Article 2, which defines several key terms that are used repeatedly throughout the UN Watercourses Convention. The terms examined are ‘watercourse’, ‘international watercourse’, ‘watercourse State’, and ‘regional economic integration organization’, with particular emphasis on the concept of a ‘watercourse’. The chapter first reviews the work of the International Law Commission (ILC) and the UN General Assembly leading up to the adoption of the UN Watercourses Convention before analysing the extent to which the approach adopted in the Convention reflects basin-specific and bilateral treaty practice, the relationship between Article 2 and other provisions of the Convention, and some key aspects of Article 2. It also explores two key issues surrounding the term ‘international watercourse’: the variation in the terms used to describe watercourses that cross sovereign borders, that is, shared, transboundary, and international; and the legal developments pertaining to transboundary groundwater.
The
Interplay between the UN Watercourses Convention and International
Environmental Law
Authors: Rudall Jason 
Published: August 2024

Abstract
This chapter examines the ways in which the UN Watercourses Convention can contribute to international environmental law and how international environmental law might complement the Convention, noting that environmental protection is present in almost every provision of the document. It first places the Convention in the context of the broader development of international environmental law before discussing the key environmental concepts and principles that the Convention adopts, as well as those principles of international environmental law that may be taken into account when interpreting the provisions of the Convention. In particular, it considers an ecosystem approach in the Convention, the issue of transboundary harm, pollution control and prevention, and sustainable development. The chapter concludes with an analysis of the interplay between the UN Watercourses Convention and other environmental agreements such as the climate change regime, the UN Convention to Combat Desertification, and the UNECE Water Convention.
Composition of the Court and Role of the Registry
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter lays out the roles of the persons comprising the Court. The Court consists of fifteen judges, elected by the Security Council and the General Assembly, in separate elections, for terms of nine years. The chapter first defines the functions of the judges of the Court as well as the particular contentions surrounding the title of the judge ad hoc. Next, the chapter looks into the chambers formed by the Court for dealing with particular categories or even specific cases, the latter usually upon request of the parties. Further positions within the Court are discussed, particularly the Presidency and Vice-Presidency of the Court, which directs the Court’s administrative work. Finally the chapter sets out the duties and tasks of the Registrar, noting in particular the position’s unique functions in relation to the staff of the United Nations.
Jurisdiction in Contentious Cases (II)
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter continues the previous chapter’s discussion on jurisdiction. It first outlines some methods of creating jurisdiction: special agreements, treaties, and compromissory clauses; the ‘optional clause’ system; and forum prorogatum. The chapter then turns to the issues surrounding the existence of a dispute as a condition of jurisdiction, before turning to instances wherein the Court has obtained jurisdiction to entertain a particular case, as well as the duty of the Court to exercise its jurisdiction. Finally, the chapter examines the precise nature and extent of the powers vested in the Court, particularly those that are not specifically stated in the governing texts. The Court’s ‘inherent jurisdiction’ is also explained here in more detail.
Intervention
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter features a process called ‘intervention’, whereby a third State becomes involved in a dispute procedure between two parties, and is entitled to present its arguments and evidence to the Court. There are two possibilities for this process provided for under Article 63 of the Statute. The first is that whenever the construction (i.e., interpretation) of a convention to which States other than those concerned in the case are parties is in question, the Registrar shall notify all such States forthwith. Otherwise, every State so notified has the right to intervene in the proceedings, but if it uses this right, the construction given in the judgment will be equally binding upon it. The chapter also discusses intervention under the terms of Article 62 of the Statute, which is more general in scope.