bluuebunny/crossref_metadata_2025_split huggingface dataset:
Due Process in EU Competition Proceedings
Authors: Martyniszyn Marek 
Published: August 2024

Abstract
This chapter analyses competition law procedures in the European Union through a more general lens of the four features of due process. Part I deals with the question of legal representation. Part II outlines the rules and practices concerning the parties' awareness of the charges they face and the evidence against them. With respect to these two features of due process, the EU competition law procedures are overall very progressive and can serve as a basis of good practices. The remaining discussion turns to issues in relation to which the EU competition procedures face considerable criticism. In particular, Part III presents the scope for engagement between the parties, the case teams, and final decision-makers. Part IV examines the existing checks and balances in the EU competition procedures. The conclusion notes the Commission's awareness of the critique of its procedures and the actions it undertook in response.
Procedural Fairness in Hong Kong Competition Law
Authors: Kwok Kelvin Hiu Fai , Cheng Thomas K 
Published: August 2024

Abstract
This chapter explores the current state of a number of procedural issues under Hong Kong's competition enforcement regime, including the party's right to legal protection, access to case file, agency engagement, and the sufficiency of judicial oversight. It further examines the case of Television Broadcasts Ltd v Communications Authority, which is arguably the only competition law case in Hong Kong. The case concerns an issue of overriding importance that is bound to be litigated under the recently enacted Competition Ordinance (CO): the applicable standard of proof under the CO. Should the courts decide that the criminal standard of proof of beyond reasonable doubt applies under the CO, the enforcement of most provisions in the CO will be rendered practically impossible. Such a ruling would be tantamount to a judicial repeal of the CO.
Claims Made to Authority for the Protection of Human Rights
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter examines the various claims that many different participants in social process make to authoritative decision for the minimization of deprivations and nonfulfillments and for the better securing and protection of their human rights. It first considers the different participants in world social process who make claims to established decision makers for the prescription and application of community policies in protecting human rights before discussing their perspectives. It then describes the specific types of claims that are made, which can be classified under three main headings: claims relating to the process of deprivation and nonfulfillment of values; claims relating to official demands for derogation under crisis conditions; and claims relating to the constitutive process of authoritative decision. These various claims relate to respect, power, enlightenment, well-being, wealth, skill, affection, rectitude, participation, perspectives, situations, base values, strategies, and outcomes.
The Basic Policies of a Comprehensive Public Order of Human Dignity
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter proposes a comprehensive public order of human dignity and the basic policies that ought to accompany it. It first considers an observational standpoint that must be established in identification with the whole of humankind and with the explicit postulation of a comprehensive set of preferences about the shaping and sharing of all human dignity values. It then examines the perspectives of a comprehensive world public order, with emphasis on a rational clarification of community policies and preferences relating to respect, power, enlightenment, well-being, wealth, skill, affection, and rectitude. It also discusses the constitutive perspectives appropriate to a public order of human dignity, along with arenas, bases of power, strategies, and outcomes. Finally, it analyzes various conceptions of common interests in human rights of individuals relating to optimum public order as well as the conditions that affect the fulfillment or deprivation of human rights.
Respect as the Core Value of Human Rights
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter focuses on respect as the core value of human rights. It begins with a discussion of four particular outcomes of respect: a fundamental freedom of choice for all individuals regarding participation in all value processes; equality of opportunity for all individuals to enjoy the widest range of effective choice in their interactions with others; additional rewards in deference to individuals who make key contributions to common interests; and an aggregate pattern of social interactions in which all individuals are protected in the utmost freedom of choice and from possible coercion. The chapter also considers the different kinds of claims that individuals make upon constitutive process for the protection and fulfillment of respect, namely: claims relating to outcomes, participation, perspectives, situations, base values, and strategies. Finally, it discusses the importance of projecting and clarifying general community policies in order to realize the four outcomes of the “respect” value.
Claims Relating to a Basic Equality of Opportunity and Freedom from Discrimination
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter considers claims relating to a basic equality of opportunity and freedom from discrimination. It begins with a discussion of the general norm of nondiscrimination that is rapidly emerging as an accepted prescription of international law, citing in particular the stated purpose of the United Nations Charter to “achieve international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” It also examines other international instruments that promote nondiscrimination, including the Universal Declaration of Human Rights, the International Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Proclamation of Teheran issued by the International Conference on Human Rights in 1968.
Evolution of the System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter covers the development of the Inter-American Commission on Human Rights and Inter-American Court of Human Rights, focusing on their creation, composition, functions, and relationship to highlight how historical experience influences their operations today. It begins by reviewing the creation of the normative framework for the protection of human rights in the Americas, surveying the historical context, development, and relationship between and among its operational instruments. It then sets out the structure and evolution of the Commission and Court. It also reviews the reporting and recommendation functions of the Commission and their impact in enhancing human rights protections; discusses the creation and early operation of the system’s purely judicial body; and reviews the case system and process of petitioning the Court for consideration of contentious cases.
Petitioning the Inter-American System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter outlines the means of petitioning the Inter-American Commission and bringing contentious cases to the Inter-American Court. It examines the rules and procedures of the Inter-American system regarding the admissibility of contentious cases, as well as the evolution of the jurisprudence of the Commission and Court on the exhaustion of domestic remedies and jurisdictional requirements. The chapter begins by reviewing the development of the Commission’s individual petitioning process and the path that a complaint takes through the Inter-American system from initial submission to judgment by the Court. It then examines challenges posed by the Commission’s caseload and the number of petitions pending review before discussing the justifications and effectiveness of the preliminary objection system.
Emergency, Armed Conflict, and Human Rights Protections in the Inter-American System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter discusses the abilities and scope of state powers to suspend certain human rights protections on a temporary basis and the protections for non-derogable rights in the inter-American system in times of national emergency. It begins by reviewing the legal basis for and Court jurisprudence on the suspension of guarantees under Article 27 of the American Convention. It then discusses prolonged conflicts and the potential for abusing emergency status, before turning to the Court’s jurisprudence on non-derogable rights and situations of armed conflict. The chapter concludes by discussing the relationship of the inter-American system to international humanitarian law, considering two of the Court’s emblematic cases: Bámaca Velázquez v. Guatemala and Massacre of Santo Domingo v. Colombia
The Rights of Children
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter begins by defining the meaning of "child" in the inter-American system and surveying the content and relationship of the regional and international instruments that form the normative framework of children’s rights in the Americas. It then surveys how the concept and protection of children’s rights have evolved and how the System defines and determines what is in the best interest of children, and the special measures available to protect those interests under international law in general and inter-American jurisprudence in particular. After setting out the relevant framework to protect children’s rights, the chapter turns to practical questions, for example, how the Commission and Court have addressed violence against children, including in contexts of social unrest and armed conflict, the recent increase in the numbers of unaccompanied, migrant children in the Americas, and states obligations to internally and internationally displaced minors in the Inter-American system.
Article 36 (Information on National Legislation/ Renseignements Portant sur les Lois et Règlements Nationaux)
Authors: Zieck Marjoleine 
Published: August 2024

Abstract
This chapter examines the 1951 Convention's Article 36 and the 1967 Protocol's Article III. According to Article 36, State parties must communicate to the Secretary-General about the laws and regulations they may adopt to ensure the application of the 1951 Convention. On the other hand, Article III of the 1967 Protocol was meant merely to remedy one specific limitation of the 1951 Convention and to extend the Convention's personal scope. Moreover, Article 36's travaux préparatoires are indispensable to the Protocol's Article III. The chapter cites that the Executive Committee (ExCom) identified several obstacles which impede the full and proper implementation of the 1951 Convention and the 1967 Protocol.
Engagement of Domestic Courts with the Findings of United Nations Human Rights Treaty Monitoring Bodies
Authors: Kanetake Machiko 
Published: August 2024

Abstract
United Nations (UN) human rights treaty monitoring bodies put forward their interpretation of human rights treaty provisions through a wide range of general comments and recommendations, State-specific reports, and decisions on individual petitions. How exactly domestic legal practices are intertwined with UN treaty bodies’ findings remains understudied. The chapter examines how domestic courts engage with the findings of UN treaty bodies, which are generally considered as non-binding. Building on an analysis of court decisions, the chapter discusses examples of judicial engagement, and identifies normative pathways that connect domestic courts’ judicial reasoning with the findings of treaty monitoring bodies. Judicial amenability to international findings varies depending on each jurisdiction’s legal and sociological contexts. The flexible deliberative space involving domestic courts and UN treaty bodies allows judges to align with, adjust, or contest treaty interpretations put forward by the international guardians of human rights treaties.
Multilateral Treaties
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
Chapter 5 discusses the significance of State practice in multilateral treaty-making as a means of achieving systemic integration. It considers this practice by specific reference to the conclusion of multilateral environmental agreements (MEAs). It examines the ways in which, despite the fragmented nature of treaty-making in this field, States have chosen to build interlocking relations between MEAs: through reference to general principles of international law, and the development and widespread adoption of the framework agreement as a means of enabling subsequent development of integrated legal rules. It then analyses key provisions on the interrelation of treaty obligations in the Law of the Sea Convention and Convention on Biological Diversity, as well as the use of the concept of mutual supportiveness.
The Applicable Law of War and Peace
Authors: McLachlan KC Campbell 
Published: August 2024

Abstract
Chapter 7 assesses the record of international tribunals that have applied the principle of systemic integration in armed conflict cases in order to determine the relationship between the law on the use of force, international humanitarian law (IHL), human rights law, and international criminal law. It analyses the reasons why these fields developed separately and the forces driving their closer engagement. This chapter then examines the practice of human rights courts, expert treaty bodies (ETBs), and international criminal courts in determining how other rules of international law are to be taken into account as part of their applicable law.
Exemption from Taxation
Authors: Denza Eileen 
Published: August 2024

Abstract
This chapter considers Article 34 of the Vienna Convention on Diplomatic Relations which stresses the exemption from taxation of a diplomatic agent. According to the Article, a diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; (b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; (c) estate, succession or inheritance duties levied by the receiving State, subject to the provisions of Article 39.4; (d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State; (e) charges levied for specific services rendered; and (f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.
Statehood and Recognition
Authors: Constantinides Aristoteles 
Published: August 2024

Abstract
This chapter examines questions of statehood and recognition in relation to international law. It first considers cases dealing with the statehood criteria in relation to the contested statehood of various territorial entities before discussing questions of (non-)recognition of states and governments. It then reviews cases involving interrelated questions of secession, legitimacy, occupation/annexation, and state continuity. These cases show that certificates issued by the executive on statehood and recognition are generally conclusive for domestic courts in common law jurisdictions. They also confirm the long-established rules on implied recognition and highlight the relationship between legality and effectiveness in unlawful territorial situations. From an international law perspective, there is no uniformity in the quality of domestic courts’ decisions on statehood and recognition.
Introduction
Authors: Hill-Cawthorne Lawrence 
Published: August 2024

Abstract
This introduction to the book provides a brief background of the subject, highlighting the differences in how international and non-international armed conflicts are governed in international humanitarian law (IHL) and focusing in particular on the differentiated approach to the regulation of armed conflict in relation to internment. This introduction explains why the differences in the legal rules are applicable and indeed worrying in the modern context. The introduction concludes with a discussion of the aims and scope of enquiry of the book, as well as a section on methodology.
Internment in International Armed Conflict under IHL
Authors: Hill-Cawthorne Lawrence 
Published: August 2024

Abstract
This chapter considers the procedural rules applicable to internment under international humanitarian law (IHL) in international armed conflicts. It begins by considering the different statuses of combatant and civilian that structure the law of international armed conflict. For each of these categories of person, the chapter then examines the rules relating to the grounds for internment, the review procedures that must be followed when interning, and the point at which internment must cease; together, these categories of rules constitute what are termed throughout this book as the ‘procedural’ rules applicable to internment. These rules are examined in light of their elaboration in state practice, commentaries, and international and domestic jurisprudence. In so doing, the chapter provides a frame of reference for the remainder of the book, employing this framework to examine the existence or otherwise of equivalent rules for non-international armed conflicts.
Internment in Non-International Armed Conflict under IHL
Authors: Hill-Cawthorne Lawrence 
Published: August 2024

Abstract
This chapter begins the examination of the central enquiry of the book, focusing on the procedural rules under international humanitarian law (IHL) that apply to internment in non-international armed conflict, to assess the claim that IHL is silent here. It begins by considering whether IHL contains a legal basis to detain in non-international armed conflict, concluding that no such basis exists (and must instead be located elsewhere, such as in domestic law). It then examines the treaty rules of IHL that apply in non-international conflicts showing that from these rules one can infer a basic prohibition of internment that is not actually necessary as a result of the conflict. It then considers whether customary international law has eliminated the distinction between the two categories of armed conflict regarding detention, as it has in other areas. It closes with a consideration of the binding nature of IHL for non-state armed groups.
Promoting Market Integrity
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter discusses market abuse regulation in the UK, covering the duties of market participants, the origins of the standard of fairness, and the EU Market Abuse Directive. Market abuse regulation has two sides: negative and positive. On the negative side, one has a duty to avoid conduct that constitutes market abuse, but on the positive side one has a duty to conduct one's affairs so that they contribute to the fair and efficient operation of the market. The licence that a market participant has to take part in the international financial markets makes that duty superior to duties he may owe to his owners, financers, affiliates, or market counterparties. Under the current market abuse regulations implemented in the UK, the EU and other major jurisdictions, that duty is inescapable.
Interpretation
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter discusses the interpretation and understanding of the statutes and other regulating provisions on market abuse. The fundamental standard of behaviour is relatively simple: the duty not to compromise the fair and efficient operation of the market or to unfairly damage investors. However, the ways in which this standard will be applied and interpreted are many and flexible. The discussion covers the Code of Market Conduct and Market Abuse Regulation, and the term ‘likely’, which frequently appears in the statutory and Handbook sections relating to market abuse. The term is used to emphasize that in a number of cases, market abuse can result not only from conduct that does cause a particular effect, but also from conduct ‘likely’ to have such an effect.
Market Abuse Cases
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
The Financial Conduct Authority's regulatory remit covers a wide variety of financial instruments and activities. Those wide powers, in combination with regulatory flexibility, is now badly needed. This chapter discusses some selected regulatory decisions and benchmark cases on market abuse. These regulatory decisions cover the following cases: Robert Middlemiss, Arif Mohammed, Peter Bracken, Michael Thomas Davies, Shell, Evolution Beeson Gregory and Christopher Potts, Robin Mark Hutchings, Jason Smith, and Indigo Capital LLC and Robert Johan Henri Bonnier, David Isaacs, Jonathan Malins, GLG Partners LP and Philippe Jabré, Sean Pignatelli, Woolworths Group Plc, Stewart McKegg, and Boyen and Boyen. The benchmark cases include Barclays Bank plc, UBS, other LIBOR Penalties; and foreign exchange, commodity and ISDAfix.
The CIA Torture Report
Authors: Stauffer Hilary 
Published: August 2024

Abstract
The first chapter of Part III of this book presents analysis on the U.S. Senate Select Committee on Intelligence (SSCI) Report on the Central Intelligence Agency's (CIA) detention and interrogation programme. This report came out in August 2014 and had taken five years to complete at a cost of more than $40 million. It was the subject of prolonged wrangling between the Senate and the intelligence community. The chapter concludes by stating that it is impossible to say what ramifications the Obama Administration's rapprochement with international law will have in the long term, if any. At the very least, the publication of the SSCI report provides an important bookend to a particularly painful chapter of American history, and the questions and introspection it has prompted may help ensure that such frenzied methods are never again undertaken in the name of national security. This can only be a good thing.
The conflict with Islamic State
Authors: Coco Antonio , Maillart Jean-Baptiste 
Published: August 2024

Abstract
This chapter looks into conflicts involving Islamic State (IS) which is a radical jihadist armed group that controls vast areas of territory in eastern Syria and across northern and western Iraq. Its exponential rise in 2014 as well as its brutality and cruel practices have sparked fear and outcry in the international community. Its existence has also raised numerous issues under international law, some of which are addressed in this chapter. However, before doing so, the chapter examines three preliminary questions in order to better understand the complexities of the issue at hand. These questions are: how did IS come to life? Is IS a State or a non-State actor? What are the main differences between IS and Al-Qaeda?