bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Law of U.S. Foreign Relations
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations and of the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive branch, and judicial authority in foreign affairs, to include the constitutional tensions prevalent in legislative efforts to control executive diplomacy and the ebb and flow of judicial engagement in transnational disputes—often serving as umpire but at times invoking doctrines of abstention. The process of U.S. adherence to treaties and other international agreements is closely scrutinized, as well as how such law and customary international law and the lawmaking acts of international organizations can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the states in foreign affairs, and the imperative of protecting individual rights in the transnational sphere. Among the contemporary issues discussed are the immunity of foreign heads of state, treatment of detainees at Guantánamo, movement of the U.S. embassy to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act.
Legislating Foreign Relations
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 2 addresses Congress’ constitutionally vested power to legislate on foreign relations, based on foreign relations–specific powers and other, more general powers that affect this field. The chapter begins with an overview of the enumerated (and potential unenumerated) powers of Congress to legislate on foreign relations, then discusses procedural and other cross-cutting aspects of legislative power of particular relevance to foreign relations. This chapter highlights two important powers issues not discussed extensively elsewhere in the volume—the appropriations power as it relates to foreign relations and the power to regulate commerce with foreign nations—as well as topics such as congressional oversight, presidential signing statements, and the legislative veto. It concludes with a discussion of Congress’ power to regulate the value of foreign coin.
Conducting Foreign Relations
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 3 discusses the daily conduct of U.S. foreign relations, whereby the U.S. government expresses its views through diplomacy with other states and in other fora, such as international and foreign courts and tribunals. Although Article II of the U.S. Constitution vests the president with “executive power”—as well as the powers to receive foreign ambassadors and public ministers, and to appoint U.S. ambassadors, other public ministers, and consuls with the consent of the Senate—Chapter 3 explains that the Framers did not understand these powers as giving the president uninhibited control of U.S. foreign relations. It discusses how the Constitution clearly vests Congress with certain foreign relations powers and reserves some power for the several states, but that the power of receiving and appointing ambassadors and other officials places the president in the position of being the “voice” and “ears” of the U.S. government in foreign relations, further bolstered by the president’s power to make treaties and engage in negotiations with foreign governments and international organizations. Additional issues discussed in the chapter include the president’s power to recognize foreign governments and the constitutional prohibition on U.S. officials from receiving foreign emoluments, except with the consent of Congress.
Judging Foreign Relations
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 4 details the involvement of the judiciary in U.S. foreign relations. It recognizes the more limited role that courts play in modern foreign affairs while challenging the depiction of courts as merely standing in opposition to the president’s foreign relations objectives. As the chapter explains, courts play a vital role in articulating general legal principles and rules in foreign relations and in taking account of foreign and international law, at times to the benefit of (and often at the behest of) the political branches. It discusses the historical role of the judiciary in foreign relations law and examines nonjusticiability doctrines that courts have employed to avoid deciding foreign affairs–related issues, such as the political question doctrine and standing. It also discusses the act-of-state doctrine; jurisdictional bases for U.S. legislation, adjudication, and enforcement, including the extraterritorial application of U.S. law; then concludes with a discussion of grounds for immunity from U.S. jurisdiction, including foreign sovereign immunity, immunity for international organizations and their officials and premises, diplomatic and consular immunity, and immunity for other foreign officials (such as special mission immunity).
Individual Rights and Foreign Relations
Authors: Murphy Sean D , Swaine Edward T 
Published: August 2024

Abstract
Chapter 10 describes the intersection of individual rights and U.S. foreign relations. It introduces the varied configurations of persons and places that bear on these rights, such as noncitizens in the United States, persons in unincorporated U.S. territories, and citizens and noncitizens abroad. It notes that the protection of individuals under international law serves as an important backdrop to this area of U.S. foreign relations law, but concentrates on depicting the discrete individual rights guaranteed under the various provisions of the Bill of Rights and the Fourteenth Amendment. The chapter concludes with a review of certain recurrent and important subject-matter areas for individuals: immigration law; transnational family law; and extradition.
The Inter-American Court of Human Rights
Authors: Burgorgue-Larsen Laurence , Úbeda de Torres Amaya 
Published: August 2024

Abstract
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The second edition of Family Law presents everything an undergraduate family law student needs in one volume. Drawing on their extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book has two principal aims: to provide readers with a thorough understanding of the law relating to the family, and to do so in a way that stimulates critical reflection on that law. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. New to this edition are: coverage of the same-sex marriage case Schalk and Kopf v Austria; full treatment of Stack v Dowden and subsequent case law, and its implications for ownership of the family home; a fully updated chapter on child support, following the reforms implemented by the Child Maintenance and Other Payments Act 2008; a revised account of the law of ancillary relief in light of the developing case law, including Charman v Charman and B v B; and a fully updated section on private ordering on divorce.
The European Convention on Human Rights
Authors: Schabas William A 
Published: August 2024

Abstract
This book provides an article-by-article Commentary on the ECHR and its Protocols in English. It provides an entry point for every single facet of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision.
Obligation to respect human rights/Obligation de respecter les droits de l’homme
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 1 of the European Convention on Human Rights, which ‘demarcates the scope of the Convention ratione personae, materiae, and loci’. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of torture/Interdiction de la torture
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 3 of the European Convention on Human Rights, which prohibits torture, and inhuman or degrading treatment or punishment. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to respect for private and family life/Droit au respect de la vie privée et familiale
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Restrictions on political activity of aliens/Restrictions à l’activité politique des étrangers
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 16 of the European Convention on Human Rights, which prohibits the political activity of ‘aliens’. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Election of judges/Election des juges
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 22 of the European Convention on Human Rights, which sets out procedures for the election of judges. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Competence of single judges/Compétence des juges uniques
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 27 of the European Convention on Human Rights, which covers the single-judge procedure of the Court. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Competence of Committees/Compétence des comités
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 28 of the European Convention on Human Rights on the competence of the three-judge Committees. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Powers of the Grand Chamber/Attributions de la Grande Chambre
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 31 of the European Convention on Human Rights, which confirms the jurisdiction of the Grand Chamber. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Public hearings and access to documents/Audience publique et accès aux documents
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 40 of the European Convention on Human Rights, which requires judicial proceedings and documents to be public. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Just satisfaction/Satisfaction équitable
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 41 of the European Convention on Human Rights, which addresses the issue of reparation or compensation for losses resulting from a violation of the Convention. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Judgments of Chambers/Arrêts des chambres
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 42 of the European Convention on Human Rights, which deals with finality of the judgments of Chambers. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Referral to the Grand Chamber/Renvoi devant la Grande Chambre
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 43 of the European Convention on Human Rights covering the request of parties for cases to be referred to the Grand Chamber. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Advisory opinions/Avis consultatifs
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 47 of the European Convention on Human Rights, which deals with the Court's provision of advisory opinions on legal questions concerning the Convention and the protocols thereto. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Advisory jurisdiction of the Court/Compétence consultative de la Cour
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 48 of the European Convention on Human Rights, which states that Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its competence as defined in Article 47. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Reservations/Réserves
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 57 of the European Convention on Human Rights, which allows States to make a reservation in respect of any particular provision of the Convention to the extent that any law then in force in its territory is not in conformity with the provision. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Right to education/Droit à l’instruction
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 2 of Protocol 1 to the European Convention on Human Rights, which sets out the right to education. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Signature and ratification/Signature et ratification
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 7 of Protocol 6 to the European Convention on Human Rights, which deals with the signature and ratification of this Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Freedom of movement/Liberté de circulation
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 2 of Protocol 4 to the European Convention on Human Rights, which protects the right to liberty of movement within a territory and the right to leave that territory. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of collective expulsion of aliens/Interdiction des expulsions collectives d’étrangers
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 4 of Protocol 4 to the European Convention on Human Rights, which prohibits the collective expulsion of non-nationals (or ‘aliens’). It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Prohibition of reservations/Interdiction de réserves
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 4 of Protocol 6 to the European Convention on Human Rights, which prohibits reservations made under Article 57 of the Convention in respect of the provisions of this Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.
Territorial application/Application territoriale
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents article 5 of Protocol 6 to the European Convention on Human Rights, which deals with the territorial application of the Protocol. It begins with a short introduction, placing the provision within the context of international human rights law more generally. It then reviews the drafting history or preparatory work of the provision; discusses the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and concludes with a selective bibliography on the provision.