bluuebunny/crossref_metadata_2025_split huggingface dataset:
Annex XVII—United Nations Industrial Development Organization (UNIDO)
Authors: Moradi Behrouz 
Published: August 2024

Abstract
This chapter discusses Annex XVIII of the Specialized Agencies Convention, which modifies the standard clauses of the Convention and their application to the United Nations Industrial Development Organization (UNIDO). Annex XVII was adopted on 3 July 1987, shortly after the conversion of UNIDO into a Specialized Agency. Since then, a total of 23 states have acceded to the Specialized Agencies Convention in respect of UNIDO. Annex XVII consists of just two parts, which supplement the standard clauses of the Specialized Agencies Convention. As in other annexes, paras 1(a)-(c) regulate the functional privileges and immunities of experts serving on committees of or performing missions for UNIDO, while para 2 specifies the additional category of officials who, besides the Director-General, enjoy diplomatic status under Art. VI Section 21 of the standard clauses.
The Privileges and Immunities of the Organization for the Prohibition of Chemical Weapons (OPCW)
Authors: Dojas Alberto E 
Published: August 2024

Abstract
This chapter discusses the privileges and immunities of the Organisation for the Prohibition of Chemical Weapons (OPCW). The primary basis of the OPCW's privileges and immunities are contained in the privileges and immunities provisions of the Chemical Weapons Convention (CWC). Art. VIII Section E of the Convention states that the OPCW enjoys on the territory and in any other place under the jurisdiction or control of a State Party such privileges and immunities as are necessary for the exercise of its functions. Privileges and immunities are also extended to delegates of States Parties, their alternates and advisers, representatives appointed to the Executive Council with their alternates and advisers, the Director General and staff members as are necessary for the independent exercise of their functions in connection with the Organization. These privileges and immunities include the inviolability of OPCW premises, archives, and property; exemptions from taxes and customs duties; and freedom of OPCW financial assets and transactions from financial controls, regulations, notification requirements, or moratoria of any kind.
The Course of an Investment Arbitration: Overview of the Procedure
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This chapter provides an overview of the procedure of investment arbitration. Investment arbitrations resemble commercial arbitrations in many ways but are dramatically different in others. Above all, the presence of a sovereign state in every such dispute can transform the tone and nature of an investment dispute. The procedural aspects of a case in arbitrations subject to the ICSID Convention are determined pursuant to ICSID Arbitration Rules and relevant provisions of the applicable treaty. In non-ICSID investment treaty cases, the procedure is determined by arbitral rules selected by the parties such as the UNCITRAL Arbitration Rules, together with the relevant provisions of an applicable BIT, and the law of the legal place of the arbitration. Many BITs provide for a consultation or amicable negotiation period before disputes are submitted to arbitration. Meanwhile, arbitration pursuant to the ICSID Convention takes place in a self-contained procedural system, which is normally considered a-national, independent of any particular legal situs.
Enforcement and Execution
Authors: Rubins Sabahi 
Published: August 2024

Abstract
This concluding chapter addresses the enforcement and execution of investment treaty awards. Enforcement of an arbitration award is a broad and sometimes ambiguous term that is often used to refer to any post-award attempt by the winning party to obtain the fruits of its victory. It can include (1) confirmation or exequatur proceedings at the seat of the arbitration; (2) proceedings to have the award enforced as a judgment in jurisdictions other than the seat; and (3) proceedings to execute upon an award by levying on the losing party’s assets, either at the seat or in other jurisdictions where assets can be found. Different legal rules govern each of the three types of proceedings. The chapter then considers the 1958 New York Convention and the International Centre for Settlement of Investment Disputes (ICSID) Convention provisions on enforcement as well as the sovereign immunity defences to execution in light of decisions of various national courts.
Policies and Institutional Strategies for Successful Sexual Violence Prosecutions
Authors: Jarvis Michelle , Nabti Najwa 
Published: August 2024

Abstract
This chapter sets out the institutional strategies the Office of the Prosecutor (OTP) pursued to overcome obstacles and identifies institutional policy priorities for future prosecution offices. Such strategies include using ‘gender focal points’ and other dedicated mechanisms for focusing attention on sexual violence crimes, developing a comprehensive written policy for sexual violence crimes, addressing gender bias within the OTP, developing an effective investigation strategy for sexual violence crimes, developing effective legal strategies for prosecuting sexual violence crimes, ensuring effective dissemination and implementation of OTP policies and strategies on sexual violence crimes, identifying gaps in the OTP’s policies and strategies on sexual violence crimes, and focusing on sexual violence crimes over time.
An Introduction to Transnational Criminal Law
Authors: Boister Neil 
Published: August 2024

Abstract
The second edition of an Introduction to Transnational Criminal Law examines the international instruments that oblige states to criminalise certain activities of a harmful cross border nature or effect, and take a number of procedural steps against these criminals in order to enable cooperation with other states in the suppression of these crimes. The criminological and conceptual discussion that kicks off the new edition explores in greater detail the expansion of the type of international instrument used from multilateral treaty to soft law recommendations and Security Council Resolutions. Attention is then focussed on an enlarged range of offences including piracy, modern slavery, migrant smuggling, drug trafficking, terrorism, transnational organised crime, corruption, money laundering, cybercrime, environmental crimes, weapons trafficking, trafficking in cultural property, and a range of emerging crimes including intellectual property offences. The book then turns to the requirements in the governing international instruments to establish a broad territorial and extraterritorial jurisdiction over these crimes. The remainder of the book engages in a more detailed examination of the enforcement of this jurisdiction through police to police cooperation in the exchange of information as well as more direct forms, formal legal assistance between cooperating criminal justice systems with a specific discussion of asset recovery, and finishes with a full discussion of the difficulties of extraditing the transnational criminal. The final part of the book looks at the implementation of these laws in practice and the institutions that have been developed to implement them.
Relationship to Intellectual Property and Environmental Instruments
Authors: Lixinski Lucas , Blake Janet 
Published: August 2024

Abstract
This chapter explores the relationships between the 2003 ICHC and two key domains: intellectual property (‘IP’) and traditional knowledge (‘TK’). It focuses on conceptual overlaps and distinctions and enquires into what this distinction means for interpreting the 2003 ICHC in relation to other existing international legal frameworks. The chapter pays attention to the drafting history of Article 3(b) and to the issue of the relationship to IP, and particularly the developing regime for Traditional Cultural Expressions (‘TCEs’) and TK within World Intellectual Property Organization (‘WIPO’). Afterward, this chapter examines the issue of biological and ecological diversity in the context of ICH. It brings these two strands together in discussing some general guidelines for the interpretation and implementation of Article 3(b), before presenting some concluding remarks on the issue.
Role of States Parties
Authors: Carducci Guido 
Published: August 2024

Abstract
This chapter deals with Article 11. Article 11 is one of the most important provisions of the Convention to the extent that it sets out the mandatory ‘Role of States Parties’ under the Convention, i.e. the two main legal obligations that any State Party is to comply with, and with regard to any ICH present on its territory. The chapter argues that there is no need for such ICH to be inscribed on either of the two Lists (the List of Intangible Cultural Heritage in Need of Urgent Safeguarding and the Representative List of the Intangible Cultural Heritage of Humanity). As this chapter illustrates, the provision is rather clear, straight-forward, and should not raise significant difficulties in its interpretation. The Committee is to follow up on the practice of most States Parties as to the implementation of Article 11 and, where appropriate, develop in its Directives suitable suggestions to improve such practice.
Education, Awareness-Raising, and Capacity-Building
Authors: Blake Janet 
Published: August 2024

Abstract
This chapter takes a look at Article 14. This article deals with education, awareness-raising, and capacity-building (within communities) in relation to ICH, all of which are related issues and which include also disseminating information and promotion of this heritage. The chapter shows that States Parties have taken their obligations under Article 14 (and Article 13(d)(i)) quite seriously. There is a wide variety of approaches taken towards implementing awareness-raising and transmission which one would expect in view of the enormous differences that exist between the situations, capacities, and educational systems in various countries. This variety of approaches also suggests that having some mechanism for Parties to share experiences and good practice over educational programmes, awareness-raising, and capacity-building is an important aspect of improving the implementation of these provisions. It would seem clear also that some of the measures set out in Article 14 are better implemented than others, with the majority of States Parties incorporating some form of ICH teaching into school curricula but development being slower in the areas of higher education courses dedicated to ICH and its safeguarding/management. Similarly, non-formal educational activities have generally been accorded less attention by Parties than formal education.
Intangible Cultural Heritage ConventionThe Emblem
Authors: Bevins Matthew 
Published: August 2024

Abstract
This chapter suggests that a major barrier in obtaining the right to use the ICHC emblem is caused by the requirement that the emblem be accompanied by the UNESCO emblem. This has the consequence that the use of the emblem must be authorized under both the directives for the 2003 Convention, and under the Directives concerning the use of the UNESCO emblem. While there is a balance that must be struck between the use of the emblem to further the aims of the Convention, with the need to prevent its abuse in unauthorized purposes, this chapter suggests that the rules guiding the use of the emblem are too complicated and inflexible and ought to be streamlined to make it easier for people to obtain authorisation to use it. One solution to streamline the process of obtaining authorization to use the emblem is for the General Assembly or Committee to entrust the National Commissions for UNESCO or some other designated body with full authority to authorize use of the Convention emblem. This chapter thus considers the development of the emblem before turning to various criticisms and suggestions for improving its use.
Scope of Application of Human Rights
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
Chapter 3 approached human rights from the standpoint of duty bearers. This chapter changes perspective and asks: Who has human rights entitlements, to what extent, where, and when? These questions address the scope of application of human rights in personal term, substantive terms, territorial terms, and temporal terms. The personal scope of application covers human rights, rights of citizens, rights of aliens; natural persons and legal persons; and individual rights and collective rights. The discussion on substantive scope of application covers scope of protection and reservations. The territorial scope of application covers basic principles; state obligations in the event of loss of sovereignty over parts of its national territory; state obligations in the event of extraterritorial conduct; and state obligations in the event of extraterritorial effects of internal conduct. The temporal scope of application covers denunciation and derogation. The final section discusses the elements of a human rights violation.
Basic Principles
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter presents an overview of the human rights implementation and monitoring regime. It covers the domestic implementation of human rights, international mechanisms, and international criminal justice. Human rights monitoring and implementation mechanisms may perform the following main functions: (1) stopping ongoing human rights violations by ensuring that action to do so is indeed taken; (2) remedying violations by ensuring that states responsible for violations provide reparatio where human rights violations cannot be halted, or where by their very nature they occur before mechanisms can intervene (e.g. extrajudicial killings); (3) holding persons responsible for violations accountable by investigating, prosecuting and punishing relevant crimes; and (4) preventing future violations by ensuring that states and their authorities are effectively aware of their obligations to respect, protect and fulfil human rights.
Protection of the Intellectual and Spiritual Sphere
Authors: Kälin Walter , Künzli Jörg 
Published: August 2024

Abstract
This chapter discusses the human rights that protect the intellectual and spiritual sphere of human life, including the freedom of thought, conscience, and opinion; the right to education; cultural rights; and freedom of religion. Freedom of thought, conscience, and opinion promote ideological pluralism, one of the indispensable foundations of a democratic society. By guarding the individual's intellectual autonomy, this right protects the core of the private sphere. Therefore it enjoys absolute protection and is non-derogable. The right to education is classified as a social, economic, and cultural right. However, it simultaneously comprises aspects of classic civil liberties by protecting, for example, the freedom of parents' educational choices against state interference.
Applying the Lessons of International Commercial Arbitration to International Commercial Mediation
Authors: Strong S I 
Published: August 2024

Abstract
Traditional analyses of international commercial mediation focus primarily on either the step-by-step process associated with resolution of particular disputes or the relative merits of mediation over alternatives such as transnational litigation or international commercial arbitration. However, there is a significant shortage of comprehensive scholarly examinations of the international mediation regime as a whole, such as those that are recommended by experts in dispute system design (DSD). DSD is a unique area of study, since it does not seek to promote or analyse a particular methodology or process but instead focuses on larger structural issues so as to improve dispute resolution at a systemic level. Only by adopting this type of larger analytical framework can parties, policymakers and scholars truly appreciate the forces influencing decisions relating to the resolution of cross-border business disputes. Although a full DSD analysis would be beyond the scope of this chapter, it considers a number of critical design issues relating to international commercial mediation, building off a recent large-scale empirical study conducted by the author in this area of law. Among other things, the chapter applies a default theoretic analysis to the field of international dispute resolution to consider how various visible and invisible ‘nudges’ affect individual and institutional decisions regarding international commercial mediation. The discussion not only provides an innovative structural perspective on the interplay between litigation, arbitration and mediation in the international commercial context but also suggests how the existing system might be redesigned to create a more effective means of resolving cross-border business conflicts.
Mediation of Financial Disputes
Authors: Forestieri Ilaria , Paech Philipp 
Published: August 2024

Abstract
In recent years, a fragmented global picture of legislation supporting mediation in finance has emerged, and a number of alternative dispute resolution (ADR) service providers have started to offer mediation services specifically for the financial market. Although academics and practitioners express great appreciation for alternative resolution procedures in finance, mediation is said to lag behind its potential. This chapter shows that a number of characteristics of financial transactions suggest that mediation in finance could increase efficiency to an extent that would not be possible otherwise. However, there are clear limitations to mediation in finance: the main characteristic of financial transactions consists in the preparedness to take and manage counterparty risks. The financial industry has developed a framework to manage counterparty risk, in accordance with existing laws in nearly all developed financial markets. However, the main idea underlying mediation, that is to form a new agreement adjusting contractual obligations, is largely irreconcilable with risk management as practiced at the moment. Hence, only those disputes that do not touch upon issues associated with transfers of value can be the object of mediation, whereas all transactions that are ‘financial’ in nature must remain subjected to insolvency or bankruptcy procedures.
The Sources of International Law
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states, custom deriving from state practice, and general principles of law were seen as the primary means by which international law was created. However, whether this is still an adequate definition of the sources, and how they may operate in modern international society, has been questioned in significant ways. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. Some matters it investigates are the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and the place of jus cogens norms, and those involving rights and obligations erga omnes in the creation of international legal norms. It studies the notion of 'general principles of international law', and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and the activities of international organizations and non-state actors as potential new sources.
Subsystems of International Law
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter discusses the subsystems of international law. It covers human rights law, humanitarian law, international trade law, international environmental issues, and international criminal law. These subsystems of international law are sometimes considered to be self-contained regimes. The key aspect seems to be whether special remedies for non-compliance with the rules of the subsystem are provided for within the system, especially if they are asserted to be exclusive of the remedies provided by general international law. The key question is: may the law applicable within the framework of the regime in question be derived from some source peculiar to that regime, not being one of those recognized in Article 38 of the ICJ Statute?
A Brief Note in Conclusion
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter summarizes key themes and presents some final thoughts. It concludes that the book attempts to give a picture of the long-established theory of the creation of international law that attributes each norm, directly or ultimately, to one of the sources identified in Article 38 of the ICJ Statute. It argues that so long as Article 38 of the ICJ Statute is not amended, the principal judicial body of the world will be bound to identify and apply law in essentially the same way as was contemplated in 1920. Respect for that text has been shown, by the work of the Court, not to prevent development of the law, but merely to limit the way in which such development is to be looked for, and looked at.
Article 4
Authors: Alfredsson Gudmundur 
Published: August 2024

Abstract
This chapter comments on Article 4 of the Framework Convention for the Protection of National Minorities (FCNM). Equality before the law and equal protection of the law are frequently denied to minority persons. Usually coupled with discrimination, such denials occur frequently in European countries, notwithstanding general respect for the rule of law and democratic systems of government. Article 4 contains three essential elements of minority rights: the rights of equality before the law and of equal protection by the law; the prohibition of discrimination against a person for reasons of belonging to a minority; and the introduction of adequate measures for the promotion of full and effective equal rights for majority and minority persons. However, the language of this Convention remains weak compared with existing standards in international human rights instruments. Furthermore, direct minority access to justice within the Council of Europe continues to be limited.
Article 14
Authors: de Varennes Fernand , Thornberry Patrick 
Published: August 2024

Abstract
This chapter comments on Article 14 of the Framework Convention for the Protection of National Minorities (FCNM). Article 14 partially deals with the vexed issue of minority languages in education. Article 14(1) addresses the broadest aspects of language learning, without specific reference to educational systems. Article 14(2) contains the third reference in the Convention to minority ‘areas’, wherein certain, more specific rights are to be enjoyed by members of minorities subject to the fulfilment of certain triggering conditions. The Advisory Committee has specifically dealt with Article 14(1) on only a few rare occasions, and for this reason there are perhaps not as clear guidelines and understanding provided as to its content and impact as with other provisions. Article 14(2) echoes the hesitations of equivalent paragraphs elsewhere in the Convention, and, as elsewhere, the Convention organs try to make sense of them.