bluuebunny/crossref_metadata_2025_split huggingface dataset:
Cameroon v. Nigeria: Equatorial Guinea intervening (Judgment of the International Court of Justice, 10 October 2002)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
The case described in this chapter is about the delimitation of the land and maritime boundary between Cameroon and Nigeria. This land boundary dispute extended from Lake Chad in the north to the Bakassi Peninsula in the south and the parties have adjacent coastlines abutting the Gulf of Guinea. The maritime areas in dispute along the eastern flank of the Niger Delta were highly prospective for oil and gas and there had been extensive oil activity on both the Nigerian and Cameroonian sides. However, overlapping oil concession blocks in the disputed area had restricted exploration and production. This is an example of a case, the chapter concludes, that concerned complex disputes over both land territory and maritime boundaries. This contrast illustrates the relative expediency with which arbitration proceedings can be conducted in such disputes as compared with proceedings before the court, particularly when both parties desire a rapid resolution.
Guyana v. Suriname (Award of the Arbitral Tribunal, 17 September 2007)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
The chapter starts by introducing some background to this case. Guyana and Suriname are located on the north-eastern coast of South America, facing the Atlantic Ocean. Their coastlines are adjacent, separated by the Corentyne River, the west bank of which forms the land boundary between the two countries =. Efforts to establish a border between the states pre-dated their independence. The chapter presents some analysis on the case, which was the second maritime delimitation arbitral proceeding under Part XV of UNCLOS. In its delimitation of the territorial sea boundary, the award confirms the ‘primacy’ of equidistance-based delimitation. The tribunal observed that Suriname could have invoked compulsory dispute resolution under Part XV of UNCLOS and sought provisional measures to put an end to Guyana’s drilling activities in the disputed area. The tribunal thereby provided guidance to any coastal state faced with unilateral drilling by a neighbour in a disputed area.
Peru v. Chile (Judgment of the International Court of Justice, 27 January 2014)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This chapter looks in detail at a case which dealt with a dispute between Peru and Chile in relation to the course of their maritime boundary in the South Pacific Ocean. The coastlines of Peru and Chile are adjacent. Peru argued that no prior agreed maritime boundary existed between the two countries and, in its Application, requested the court to plot a boundary line using the equidistance method in order to achieve an equitable result. After describing the case, the chapter looks at the significance of it for international law. This is the first decision by the International Court of Justice (ICJ) recognizing the existence of a maritime boundary established by ‘compelling’ evidence of a tacit agreement between the coastal States.
Bangladesh v. India (Award of the Arbitral Tribunal, 7 July 2014)
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
The case described in this chapter concerned a dispute between Bangladesh and India over the location of the land boundary terminus and delimitation of the maritime boundary between them in the Bay of Bengal. The parties’ coastlines in the area where their land boundary meets the Bay of Bengal are highly indented and unstable, with several major river channels flowing into the sea. The UNCLOS Tribunal’s Award complements the judgment of ITLOS rendered just over two years beforehand in the Bangladesh/Myanmar case. A notable procedural aspect of the Bangladesh/India case was the tribunal’s decision to conduct a five-day site visit to the delimitation area, including a viewing of all the base points proposed by the parties. The tribunal’s conclusions, the chapter further argues, about the irrelevance of coastal instability, climate change, and sea-level rise for the purposes of identifying the appropriate delimitation methodologies, base points, and relevant circumstances are also notable.
The Inconsistent Approach of Courts and Tribunals in the Adjustment of Provisional Equidistance Lines to Accommodate Geographical Relevant Circumstances
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This book has argued that the standard (three-stage) methodology for the delimitation of maritime boundaries under the modern law is now well established and employed in the majority of third-party dispute resolution situations. However, this chapter looks at the uncertainty that still exists around the application of that methodology in the specific circumstances of any particular case. The source of uncertainty examined here relates to the adjustment of a provisional equidistance or median line at the second stage of the process, once it has been determined that some adjustment is required for one or more geographical relevant circumstances. The approaches taken by courts and tribunals to the question of how to effect any adjustment have differed significantly, sometimes even in geographical situations that appear quite similar. This has given rise to perceptions of inconsistency from one case to the next. This section looks at the reasons why this might be so.
Delimitation of the Outer Continental Shelf: Questions of Delineation and Methodology
Authors: Fietta Stephen , Cleverly Robin 
Published: August 2024

Abstract
This final section considers two challenges that arise in connection with the delimitation of continental shelf claims beyond 200M. The first asks: how can the relationship between delimitation of outer shelf entitlements under Article 83 of UNCLOS and delineation of outer limits by the CLCS under Article 76 of UNCLOS be managed so as to reduce the risk of a deadlock situation where neither process can proceed pending completion of the other? The second challenge asks: do geological and geomorphological factors have any role to play in the delimitation of overlapping shelf entitlement beyond 200M and, if so, what is that role? This chapter looks at these two challenges in detail.
Climate Governance beyond the United Nations Climate Regime
Authors: Bodansky Daniel , Brunnée Jutta , Rajamani Lavanya 
Published: August 2024

Abstract
This chapter examines the four central features of climate change governance outside of the FCCC. First, it is multi-level: it operates through institutions at different geographic scales, ranging from global to regional to national to sub-national. Second, it is multi-actor, involving both public and private institutions, including states, sub-national governments, international organizations, environmental and other civil society organizations, and business. Third, it involves different degrees of legalization, from ‘hard law’ rules set forth in treaties such as the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) and the Montreal Protocol on Substances that Deplete the Ozone Layer, to ‘soft law’ norms such as the ‘gold standard’ for carbon credits or the ‘carbonneutral protocol’. Finally, it is polycentric, in that there is no central, organizing authority.
The Framework of International Criminal Procedure
Authors: Ambos Kai 
Published: August 2024

Abstract
This introductory chapter is an overview of international criminal procedure. More specifically, it discusses the conceptual foundations of international criminal procedure, and clarifies the dichotomy between the inquisitorial ‘civil law’ and the adversarial ‘common law’ process. The chapter next traces the history of international criminal procedure, focusing in particular on the emerging international criminal procedure and the relevant courts and tribunals which provide better understanding into modern developments. The goals of international criminal justice—under which category the international criminal procedures fall—are then outlined. Finally, the chapter delves into the rights of the accused—the rights enjoyed by the defendants in international criminal proceedings—which are generally recognized in universal and regional human rights instruments.
Proceedings before the ICC and the Ad Hoc Tribunals—Overview of and Special Issues
Authors: Ambos Kai 
Published: August 2024

Abstract
This chapter discusses the three phases of international criminal procedure—the investigation phase, the intermediate proceedings, and the trial—and the special issues surrounding these. The investigation phase consists of all activities undertaken by the Prosecutor for the collection of information and evidence. It may be further subdivided into a pre-investigation (preliminary examination) and a formal (actual) investigation phase. The intermediate proceedings then serve to review the charges as the actual result of the prosecutorial investigation. Finally, the trial phase may be further subdivided into three phases: the (normally quite extensive) trial preparation phase, the actual trial with the verdict (‘decision’) upon the guilt or innocence of the accused, and the phase meting out the sentence (‘sentencing’). Procedures of the International Criminal Court (ICC) are compared to those of the ad hoc tribunals.
International Migration Law
Authors: Chetail Vincent 
Published: August 2024

AbstractThis textbook provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive overview of this growing field of international migration law. It brings together and critically analyses the disparate norms of treaty law, customary law, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on specific groups of migrants, namely migrant workers, refugees, smuggled migrants, and victims of human trafficking. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various strands of international law which apply to them, suggesting how the law may continue to develop in the future.
Introduction
Authors: Chetail Vincent 
Published: August 2024

AbstractThis introductory chapter provides an overview of the issue of migration. It first considers data and statistics to inform and objectivize the debate, and attempts to dispel the complexity of international law and migration. It then sets out the textbook’s purpose, namely to clarify the role of international law in migration by providing a comprehensive and accessible overview of the main applicable legal norms. The textbook is structured into three parts addressing respectively: (i) the origins and foundations of international migration law; (ii) the specialized treaty regimes governing the movement of persons across borders; and (iii) the role of soft law in global migration governance. Each part sheds light on one particular facet of a much broader field.
Founding Principles of International Migration Law
Authors: Chetail Vincent 
Published: August 2024

AbstractThis chapter focuses on the foundational principles of international migration law that are grounded on a dense and superimposed network of customary and conventional rules. While providing the general normative framework, this chapter unveils the internal logic of international migration law by governing the three constitutive components of the migration process: departure, admission, and stay of migrants. Topics covered include the right to leave any country in customary international law; admission of migrants under customary international law (including the principle of non-refoulement); the right to free movement of persons under regional agreements; immigration control and procedural guarantees under customary international law (such as the prohibition of arbitrary detention and of collective expulsion); the sojourn of migrants; and the impact of the principle of non-discrimination on the human rights of migrants.
Refugees
Authors: Chetail Vincent 
Published: August 2024

AbstractThe general principles of international migration law are supplemented and detailed by more specialized treaty regimes. This chapter focuses on the conventions adopted under the auspices of the United Nations (UN) that deal specifically with refugees. The universal treaty regime of refugee protection is primarily governed by two specific instruments: the UN Convention Relating to the Status of Refugees of 28 July 1951 and its 1967 Protocol. Currently ratified by 147 states across the world, they establish a sophisticated body of international rules based on three parameters: (i) the refugee definition, (ii) the refugee status, and (iii) the principle of non-refoulement. Each of them unveils a subtle balancing act between the competence of the state to control access to its territory and the protection of the victims of human rights’ violations.
Migrant Workers
Authors: Chetail Vincent 
Published: August 2024

AbstractThis chapter analyses the conventions adopted under the auspices of the United Nations (UN) that deal specifically with migrant workers. Migrant workers are governed by three specialized treaties at the universal level. Two of them have been concluded under the auspices of the International Labour Organization (ILO) in 1949 and 1975, whereas the most recent and comprehensive one, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), was adopted within the UN in 1990. Although each of them has been conceived as a distinct treaty, their respective content provides a complementary and mutually reinforcing legal framework. When taken together, the two ILO Conventions and the ICRMW can be viewed as establishing an international charter of migrant workers that lays down a comprehensive normative framework on a broad variety of issues, including, most notably, the definition and rights of migrant workers as well as inter-state cooperation on labour migration.
Trafficked and Smuggled Migrants
Authors: Chetail Vincent 
Published: August 2024

AbstractThis chapter focuses on the conventions adopted under the auspices of the United Nations (UN) that deal specifically with trafficked or smuggled migrants. In 2000, new legal classifications of migrants emerged with the adoption of the UN Protocol against the Smuggling of Migrants by Land, Sea and Air, and the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. Entered into force in 2004 and 2003 respectively, these two Protocols follow an entirely different pattern compared to the other specialized treaties of international migration law adopted so far. They have been conceived as an instrument of criminal law to supplement the UN Convention against Transnational Organized Crime, in stark contrast with the logic of protection that prevails under the other specialist treaties devoted to refugees and migrant workers.
The Functions and Evolution of Soft Law in Global Migration Governance
Authors: Chetail Vincent 
Published: August 2024

AbstractThis chapter assesses the function and the evolution of soft law in international migration law. It starts by investigating the main functions of soft law in international migration law. The relations between hard law and soft law are not always mutually exclusive; they are frequently intermingled in an incremental process of consolidation and cross-fertilization. The chapter then traces the long evolution of global migration governance that has been shaped and developed by soft law. Although its influence is not free from ambiguities, the unprecedented expansion of soft law has been decisive in building confidence and creating a routine of intergovernmental dialogue. By doing so, it has forged a common language and a growing consensus among states that unveil the role of multilateralism as a counter-narrative to populism and unilateralism.
Concluding Thoughts on the Future of International Migration Law
Authors: Chetail Vincent 
Published: August 2024

AbstractThis concluding chapter summarizes key themes and presents some final thoughts. The normative and institutional framework governing migration has grown and evolved over the last century to embody a detailed set of international rules and institutions. Despite its obvious limits, soft law has been an influential vehicle to foster intergovernmental dialogue and confidence building on a traditionally contentious issue alongside the North–South divide. The UN and its Member States are now embarking upon a vast reform which constitutes a new turning point for multilateralism. The challenges are numerous and require more than ever a global and rational vision. At the institutional level, the overall UN framework is arguably bound to remain multilevel and cross-cutting, reflecting the multidimensional nature of migration. At the normative level, the most important challenge of international migration law relates to its domestic application by states.
Development of Rules of Interpretation
Authors: Gardiner Richard 
Published: August 2024

Abstract
In drawing up the draft articles which became the Vienna Convention’s rules on treaty interpretation, the International Law Commission (ILC) focused on isolating and codifying the comparatively few general principles which appear to constitute general rules for the interpretation of treaties. The Convention’s rules do not exclude other principles compatible with these general rules, leaving open to the interpreter’s discretion recourse to the wealth of material on treaty interpretation which preceded the Convention. This material can shed light on why the Vienna rules are as they are as well as prove a useful quarry from which to extract principles, arguments, and examples to buttress or supplement particular applications of the rules. This chapter provides an overview of that material and the accompanying literature.
The Concept of an International Crime
Authors: O’Keefe Roger 
Published: August 2024

AbstractThe chapter considers in detail what is meant by an ‘international crime’, proposing a definition, conceptual framework, and associated terminology. The concept of an international crime put forward is not unitary; rather, the genus ‘international crime’ is divided into species, with the nomenclature suggested extending to these taxonomic divisions. The chapter then analyses the history of the evolution of individual criminal responsibility under international law before examining the relationship between such responsibility and state responsibility (including the relationship between international crimes and jus cogens) and the theoretical source of the binding nature for individuals of penal rules of international law.
The Crimes
Authors: O’Keefe Roger 
Published: August 2024

AbstractThe chapter focuses on those crimes accepted as existing under customary international law, namely war crimes, crimes against humanity, the crime of genocide, and the crime of aggression, and asks whether further crimes, such as terrorism or torture, could be added to the list. After dealing with preliminary methodological and substantive matters such as the material sources for customary international crimes and the general conditions for criminal responsibility under customary international law, the chapter sketches the respective historical backgrounds to the four crimes in question, and outlines and analyses their respective material and mental elements, both settled and asserted. It concludes by inquiring into the existence of a hierarchy of gravity among these crimes.
Substantive Law, Jurisdiction, Prosecution, and Courts
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter first examines how, as a technical matter, states give effect in their respective bodies of municipal criminal law and criminal procedure to the substantive law of international crimes and to the jurisdiction over such crimes permitted or mandated by international law, and what international law may say about aspects of this. It then considers technical, principled, and pragmatic questions relating to, specifically, the prosecution of international crimes at the national level, focusing on controversy over the exercise of universal jurisdiction. It lastly surveys the types of criminal courts to which states entrust the municipal adjudication of international crimes, highlighting in the process a variety of special municipal criminal courts established by specific states.
The Special Court for Sierra Leone and Residual Special Court for Sierra Leone
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter focuses on the Special Court for Sierra Leone (SCSL) and the Residual Special Court for Sierra Leone (RSCSL), both of them established and empowered on an ad hoc basis under a bilateral treaty between Sierra Leone and the United Nations. The chapter starts by sketching the history and basic workings of the two courts before examining the international legality of their means of establishment. It next examines legal issues relating to the scope and exercise of the courts’ jurisdiction and the relationship of the courts to the courts of Sierra Leone. It lastly considers the obligation on Sierra Leone, and on Sierra Leone alone, to co-operate with the courts.
The International Criminal Court
Authors: O’Keefe Roger 
Published: August 2024

Abstract
The chapter focuses on the International Criminal Court (ICC), established and empowered under the Rome Statute, a multilateral treaty among states. It starts by sketching the history and basic workings, including the procedural essentials, of the Court, before considering a wide range of legal questions relating to the scope and exercise of its jurisdiction and to its applicable law. The chapter next examines the relationship between the Court’s jurisdiction and national jurisdictions, in particular the principle of ‘complementarity’. It concludes with an account and analysis of the many legal issues that arise in connection with the obligation on states parties to the Rome Statute to co-operate with the Court, especially by way of the surrender of suspects and the production of evidence.
Parallel Proceedings
Authors: McLachlan Campbell , Shore Laurence , Weiniger Matthew 
Published: August 2024

Abstract
Chapter 4 is concerned with a complex set of problems which have arisen in determining the relationship between parallel claims in investment arbitration, and other forms of dispute resolution, notably proceedings in host State courts. These issues typically arise at the preliminary jurisdictional phase of investment arbitrations. The response of tribunals has been shaped by a combination of the specific treaty provisions dealing with conflicts of jurisdiction, and consideration of more general principles of lis pendens and res judicata. The chapter addresses four issues in particular: