bluuebunny/crossref_metadata_2025_split huggingface dataset:
Programmes, Projects, and Activities for the Safeguarding of the Intangible Cultural Heritage‘Cinderella’ of UNESCO Heritage Lists
Authors: Schreiber Hanna 
Published: August 2024

Abstract
This chapter addresses the process of the drafting, establishing, functioning, and possible future development of the programmes, projects, and activities for the safeguarding of ICH. These are covered under Article 18 of the 2003 Convention. Article 18, together with Articles 16 and 17, create the ‘listing system’ of the Convention aimed at implementing the principle of safeguarding at the international level. As is the case of the former two lists, the name under which this system is currently known — the Register of Good (formerly: Best) Practices — does not appear in the exact wording of Article 18. However, it brings attention to the national, sub-regional, and regional programmes, projects, and activities which the Committee considers as optimally reflecting the principles and objectives of this Convention.
International Assistance
Authors: Vrdoljak Ana Filipa 
Published: August 2024

Abstract
This chapter covers Articles 20 to 24 concerning the purposes, types, and the process of requesting international assistance. It focuses on the rationale and the mechanics of international assistance under the 2003 Convention. First, there is a brief examination of the place of international assistance as one of the driving aims of the Convention, together with a look at the purposes of international assistance itself as defined by that instrument. Next, the chapter considers the forms of international assistance sanctioned by the Convention and its related instruments. Then the chapter moves onto the mechanics of international assistance, including an overview of the formalities prescribed for requests, the evaluation criteria and process, and finally, the monitoring and reporting requirements for successful requests for international assistance. This chapter concludes with a critical examination of the implementation of international assistance in the first decade plus of the Convention’s operation.
Transitional Clause on the Relationship to the Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity
Authors: Aikawa-Faure Noriko 
Published: August 2024

Abstract
This chapter focuses on Article 31, which specifies the relationship of the 2003 Convention to the UNESCO programme for the Proclamation of the Masterpieces of the Oral and Intangible Heritage of Humanity (‘Proclamation programme’). It shows that different stages of the drafting process of the Convention are reflected throughout the terms used in Article 31. They are closely connected with crucial debates concerning the Representative List and the criterion of ‘having outstanding value’, the underpinning criterion of the Proclamation programme. Throughout the negotiation of the Convention, the Asian and African States were in favour of introducing this concept into the new Convention. Some of the Asian countries, such as Japan and the Republic of Korea, had a long tradition of state protection of their ICH. Naturally, these countries proposed introducing their national List-based mechanisms together with the criterion of ‘excellence’ at the international level.
The Convention for the Safeguarding of the Intangible Cultural Heritage and Human Rights
Authors: Lixinski Lucas 
Published: August 2024

Abstract
This chapter argues that the relationship between the 2003 ICHC and human rights quietly leans towards an embrace of multiculturalism and even a degree of relativism that modifies the tone of human rights as a limit to what can be treated as ICH, thereby being an important instance of the ICHC being transformed by its subsequent practice. It first engages with the relationship between ICH and universal human rights, or human rights as a more abstract idea. The chapter then problematizes these relationships by looking at cultural relativism and ICH’s uneasy stance as protecting cultural diversity within certain bounds. Afterward, this chapter revisits some of the issues surrounding the adjudication of cultural identity and the role heritage can play, using Federico Lenzerini’s idea of the culturalization of human rights as a means of framing the debate. This adjudicatory perspective, though, focuses primarily on individuals’ rights, and the ICHC gives primacy to group interests. As such, this chapter also focuses on ICH and the ICHC in the context of group rights.
Conclusions
Authors: Blake Janet , Lixinski Lucas 
Published: August 2024

Abstract
This concluding chapter examines some of key gaps that still need addressing in the 2003 ICHC’s framework. It also considers strategies for enhancing ICH safeguarding practices around the world. These both require one to think of the 2003 ICHC, and ICH more broadly, beyond the territorial state, and in relation to a standard-setting web that extends beyond the Convention. The chapter suggests that all of these steps would greatly benefit from a (re)claiming of legal agency and expertise within this space. However, there are inherent difficulties in the engagement of lawyers with the 2003 ICHC, and even cultural heritage law more broadly, that need unpacking and resolution.
Notions and Sources
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter clarifies the concept of human rights in legal terms. Although there is no legal definition that would clearly distinguish human rights from other guarantees and entitlements deriving from international law, the characteristic traits of human rights may be described as follows: human rights create entitlements; the beneficiaries of these entitlements are individuals; these rights can be asserted vis-à-vis states or quasi-state entities but, in principle, not private actors; they are applicable, as a matter of principle, in peacetime and in times of armed conflict; they are internationally guaranteed; and this international entrenchment of human rights is rooted in the acknowledgment by states that the entitlements in question are necessary to safeguard human dignity and the development of the human person and must therefore be deemed fundamental.
Treaty Bodies
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter deals with the international human rights bodies established by human rights treaties (treaty-based bodies) to monitor the implementation of the treaties concerned. Each of the nine core UN human rights conventions provides for setting up of an independent body to monitor the implementation of the respective treaty by its states parties. These bodies, known as committees, are composed of independent experts, all of whom serve on a voluntary basis. Depending on their workload and available financial means, the committees hold between one and three sessions annually, usually in Geneva. Each session runs for two or three weeks. The remainder of the chapter discusses state reporting procedure, individual complaint procedures, and other procedures.
Protection of Human Identity: Prohibition of Discrimination and Protection of Minorities
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter discusses the prohibition of discrimination, and protection of minorities. Under international law, the concept of discrimination denotes specific and qualified cases of unequal treatment that have the purpose or effect of making adverse distinctions on the grounds of race, sex, birth, ethnic origin, religion, political opinion, and other, similar reasons such as age or disability. Thus, international law enshrines several approaches to and categories of prohibitions to discriminate. General prohibitions of discrimination can be invoked by any individual, whereas prohibitions of discrimination against women, racial discrimination, and discrimination of persons with disabilities or based on sexual orientation only address specific types of particularly serious discrimination. Guarantees protecting the collective rights of minorities and indigenous peoples, while going beyond prohibitions of discrimination in a strict sense, are grounded in the need to address the often traditional and systematic marginalization of such groups.
Protection of Private Life
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter discusses the right to private life, which is reflected in the International Covenant on Civil and Political Rights as well as in all regional conventions. ‘Private life’ covers a multitude of rights including the right to respect for privacy understood as the right of everyone to personal autonomy, i.e. the right to make autonomous decisions regarding personal matters; for example, one's personal relations, lifestyle, or whether to undergo medical treatment. The right to family, which protects the right to live together within the family, prohibits — albeit not absolutely — authorities, for instance, from forcibly separating children from their parents or spouses from each other. The right to private life is supplemented by the right to marry and to found a family, which precludes the state from prohibiting a man and woman of marriageable age from marrying and founding a family.
Protection of Persons Deprived of their Liberty
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter discusses protection of persons deprived of their liberty, particularly those who fall into the hands of the state as a result of being arrested, detained, imprisoned, or otherwise held in a closed institution who are particularly vulnerable to human rights violations. As a result, guarantees of protection of persons deprived of their liberty were among the earliest precursors of human rights. Modern human rights treaties address this subject from four angles: they guarantee the right to liberty and security of person; prohibit arbitrary deprivation of liberty; provide procedural protection against arrest, imprisonment, and other forms of deprivation of liberty; and establish minimum guarantees for the treatment of persons deprived of their liberty.
The Role of Mediation in International Commercial Disputes
Authors: Fach Gómez Katia 
Published: August 2024

Abstract
This chapter reflects on the relevant role currently played by mediation in the resolution of international commercial disputes. It explores the new meaning that some scholars have attached to the widely used acronym ADR. Considering mediation an important part of the ‘appropriate dispute resolution’ mechanisms available to commercial disputants suggests that a new light is shining through this important sector and the principles that it embraces, such as access to justice. This central idea is developed in this chapter, which addresses various highly topical issues in the framework of commercial mediation: the dilemma of compulsory mediation in non-family contexts; the impact of developments in information and communication technology on the mediation milieu; the role of ethics in the contemporary mediation world, and the structure and main objectives of training schemes in international commercial mediation.
Mediating Sovereign Debt Disputes
Authors: Sudborough Calliope M 
Published: August 2024

Abstract
In response to the limitations of adjudicating disputes arising out of public debt and the resulting underdeveloped international body of law on sovereign defaults, creditors have filed a growing number of investor-state treaty arbitrations to collect unpaid debts, prompting a shower of criticisms and concerns. This chapter discusses a still-unexplored means for resolving sovereign debt claims: mediation. It explains how mediation differs as a process from judicial litigation and private arbitration, producing very distinct outcomes. Specifically this chapter argues that mediation should be explored as a viable option for resolving sovereign debt disputes in a cost and time efficient manner that could support economic recovery and continued investment.
Mediating International Energy Disputes
Authors: Cameron Peter D , Kolo Abba 
Published: August 2024

Abstract
The long-term, capital intensive and risky nature of much energy investment means that disputes often arise as does the need to resolve such disputes amicably to preserve the parties’ long-term business relationships. Energy disputes can typically have a state-to-state character, or can arise between investors and states, or companies against other companies. For decades, arbitration has been the preferred option by the parties to international energy disputes. However, there is greater pressure than ever before to ensure that costs of settling disputes are kept to the minimum. Mediation is increasingly being touted as an important supplement to arbitration because of its many benefits including enabling the parties to find an innovative win—win solution to their dispute based on interests rather than a win—lose outcome, which may end the parties’ business relationship. Anecdotal evidence of industry practice lends support to this proposition. The use of mediation in resolving energy disputes is supported by a number of investment treaties including the Energy Charter Treaty and the presence of escalation clauses in energy agreements. However, there are also many challenges to the use of mediation in resolving energy disputes. These include a lack of familiarity with it among potential users, the reluctance of government officials and business executives to take personal responsibility for settlements, and a lack of adequate provisions in investment treaties, energy agreements and national investment legislation that provide the legal framework for mediation. The prospects for mediation would be brighter if these and other issues were sufficiently well-addressed.
Mediation and Other ADR in International Construction Disputes
Authors: Fortún Alberto , Iglesia Alfonso 
Published: August 2024

Abstract
The use of alternative dispute resolution (ADR) is not going to prevent all disputes between owners and designers, contractors, subcontractors, and suppliers. However, the parties that are capable of evaluating the dispute timely and choose a suitable ADR mechanism such as mediation, expert determination or dispute boards will obtain tangible benefits. They will save costs, reduce the number of disputes, and prevent critical situations in which the accumulation of unresolved claims would otherwise jeopardize the financial viability of the entire project. This chapter deals with some of the key features of those ADR mechanisms, advises on different standard clauses and provides the reader with references, links and footnotes to the materials that any engineer or lawyer would like to have handy.
The Confidentiality and Transparency Debate in Commercial and Investment Mediation
Authors: Brown Chester , Winch Phoebe 
Published: August 2024

Abstract
This chapter explores the tension between confidentiality and transparency in commercial and investment mediation. The importance of transparency in the context of investment mediation is arguably far greater than it is in the context of commercial mediation, which is due to the nature of investor-state proceedings which involve the public interest. The chapter outlines the genesis of this debate and explains how it has unfolded in the context of investment treaty arbitration, including the recent mechanisms introduced which have led to an improvement in transparency levels. The chapter then traces the debate as it has developed in the context of commercial and investment mediation. Consideration is given to the protection afforded to confidentiality in mediation by national regimes, institutional rules and international investment agreements, including the EU—Canada Comprehensive Economic and Trade Agreement and the recently concluded treaties between the EU and Vietnam and Singapore. This discussion notes that, whilst similar considerations apply to arbitration and mediation, there has been a greater preservation of confidentiality in mediation than in arbitral proceedings. The chapter ultimately justifies this heightened protection and advocates its increased use in settling international disputes, in particular in investor-state disputes.
New Singapore Convention on Cross-Border Mediated Settlements
Authors: Abramson Hal 
Published: August 2024

Abstract
This chapter examines the new Convention on Mediated Settlement Agreements that was drafted by UNCITRAL and is expected to be open for ratification by states in August, 2019. The new Convention facilitates compliance with cross-border mediated settlement agreements that result from qualifying mediations. The Convention offers a simpler and more expeditious alternative to relying on expensive and uncertain breach of contract lawsuits for compelling compliance. The new Convention’s backstory in this chapter is really two stories. One story examines the robust multi-party negotiation process that resulted in a consensus. The second and primary story considers the substantive choices including the ‘compromise’ that were discussed and debated by the delegates over almost three years and ultimately were forged into the new Convention.
Introduction
Authors: Casey-Maslen Stuart 
Published: August 2024

Abstract
This section provides an introduction to the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017.The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. It outlines the background to the Treaty, providing detail on the development, possession, and use of nuclear weapons. This section also looks at the existing body of nuclear non-proliferation, ‘non-armament’, arms control, and disarmament treaties, that began with the 1959 Antarctic Treaty.
Treaties and Conventions as a Source of Law
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter begins with a discussion of the significance and effect of treaties as expressed in the principle pacta sunt servanda. The whole point of making a binding agreement is that each of the parties should be able to rely on performance of the treaty by the other party or parties. This should be so even when such performance may have become onerous or unwelcome to such other party or parties. A treaty is therefore one of the most evident ways in which rules binding on two or more States may come into existence, and thus an evident formal source of law. The remainder of the chapter covers the limits of treaty law, commitment to treaty obligations, and unilateral acts as inchoate treaties.
Custom as a Source of International Law
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter considers the question of whether custom is a source of international law. It discusses the constituent elements of custom, changes in customary law, the relevance of ethical and similar principles to customary law, and the extent of application of a rule of customary international law. In treating custom as a source of legal rules, international law does not deviate from the pattern discernible in municipal legal systems. Historically, at the international level, once the authority of natural law, in the sense of what was given by God or imposed by the nature of an international society made up of independent princes, had weakened, it was natural to derive legal obligations from the legitimate expectations created in others by conduct. However, the precise nature and operation of the process have always presented obscurities.
General Principles of Law as a Source of Law
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter begins with a discussion of the general principles of law under Article 38 of the Statute of the Permanent Court. It then covers the role of equity in international law and the general principles of law and non liquet. The general principles of law found their way into the Statute of the Permanent Court as a reserve source to provide a basis for decision in the event that neither relevant treaties nor customary law did so. A non liquet is a decision by a court or tribunal that the matter in dispute cannot be determined on the basis of law, inasmuch as the law has nothing to say on the question. A decision of this kind is different in nature from a decision that the law does not support the claim made, with the consequence that the respondent wins the case.
Some Alternative Approaches
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter discusses the inadequacy or irrelevance of recognized sources of international law and the role of ethical principles. It examines the insufficiencies of the theory of international customary law. It argues that the creation (or discovery) of international law can no longer be regarded as a process of generation from one or other of a list of recognized sources. It also argues that international law, as generated by the recognized sources, fails to take sufficient account of ethical or moral requirements. In particular, as regards the major source of law that is customary international law, the long-established ‘two-element’ theory is shown to be inadequate, unrealistic, or otherwise unsatisfactory.
Conclusion: the Contribution of the European Framework Convention for the Protection of National Minorities to the Development of Minority Rights
Authors: Weller Marc 
Published: August 2024

Abstract
This concluding chapter examines the general position of the Framework Convention for the Protection of National Minorities (FCNM) within the area of minority rights. First, the substance of the Convention is located within the field. Then, its reach is considered. Finally, a few words are said about the legal character of the Convention and about the implementation process. It is argued that true strength of the Convention lies in adding substance to the principle of promotion as it relates to minority identity. It transforms the soft law of the UN Declaration into hard law in relation to the Council of Europe area, while at the same time adding substantively to the obligations contained in the Declaration. Moreover, the advancing practice of the Advisory Committee very significantly clarifies and expands the substantive obligations established in relation to identity.
Special Measures under the Convention
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter discusses the ICERD’s provisions on special measures in Articles 1(4) and 2(2). Through these, the Convention connects with contemporary discussions of ‘affirmative action’ and ‘positive action’, though the concepts underlying such terms vary with institutional context. Special measures are also understood as key contributors to the overall Convention project of fighting racial discrimination. They may operate in any field of human rights deprivation including the rights listed or intimated in Article 5. This generic linkage gives rise to the problem of identifying conceptual boundaries between the general obligations of States under a span of Convention articles and the particular obligation to take special measures.