bluuebunny/crossref_metadata_2025_split huggingface dataset:
Specialities: jus cogens, Obligations erga omnes, Soft Law
Authors: Thirlway Hugh 
Published: August 2024

Abstract
This chapter discusses the sources of obligations erga omnes, sources of norms of jus cogens, and soft law. It shows that the concepts jus cogens and obligations erga omne are related, and neither can be discussed in complete isolation from the other. The existence and nature of soft law is more controversial. This is the case even though examples of texts that seem to merit that designation are far more numerous than is the case for jus cogens. On the basis that soft law does exist and is correctly classified as a form of ‘law’, its manifestations seem to be fully explicable on the basis of the operation of traditionally recognized sources—custom and treaty—and not to require any new or additional source to be postulated.
Article 1
Authors: Heintze Hans-Joachim 
Published: August 2024

Abstract
This chapter comments on Article 1 of the Framework Convention for the Protection of National Minorities (FCNM). Article 1 unambiguously stresses that the protection of national minorities, and of persons belonging to national minorities, forms an integral part of the protection of human rights. This finding, in itself, represents a major step forward in the development of minority rights. However, Article 1 also reflects the main problems connected with the modern concept of minority protection. One of these relates to the issue of the dimensions, individual or collective, of this protection. On the one hand, Article 1 speaks about the protection of national minorities, thereby referring to the collective or group dimension of this right. On the other hand, it deals with persons belonging to those minorities, thus clearly adopting an individual approach. This tends to show that minority protection falls in a certain legal grey area between individual and group rights. However, the FCNM's authors reject such an impression and emphasize the protection of persons belonging to national minorities.
Article 3
Authors: Heintze Hans-Joachim 
Published: August 2024

Abstract
This chapter comments on Article 3 of the Framework Convention for the Protection of National Minorities (FCNM). Article 3 consists of two paragraphs. Article 3(1) states that, every person who belongs to a national minority has the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice. Article 3(2) states that, persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others. The most complicated and controversial issue of the FCNM is that of personal scope of protection, meaning the definition of the term national minority. Due to the lack of a definition in the FCNM, the Advisory Committee takes into consideration the position of the reporting state party, which, in general expresses its policy through declarations or reservations mentioning the recognized minorities. In addition, it appears that the states parties do not consider Article 3(2) to be an independent norm, but a part of the obligations under Articles 1 and 3(1). Hence, the qualification of minority rights as individual or collective ones can be considered a primarily academic issue.
Article 6
Authors: Gilbert Geoff 
Published: August 2024

Abstract
This chapter comments on Article 6 of the Framework Convention for the Protection of National Minorities (FCNM). Article 6 consists of two sections. Article 6(1) requires states Parties to encourage a spirit of tolerance and intercultural dialogue and to promote mutual respect, understanding, and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic, or religious identity. Article 6(2) requires states Parties to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility, or violence as a result of their ethnic, cultural, linguistic, or religious identity. Article 6 is distinctive within the Framework Convention because it applies to everyone within the state, not just persons belonging to national minorities. This is particularly relevant with respect to threats and discrimination based on ethnicity, language, or religion under Article 6(2). Furthermore, it is necessary for the state to implement criminal laws against hate speech, as well as anti-discrimination laws. If proper respect for other cultures were shown in line with Article 6(1), Article 6(2) would address issues that ought not to arise.
Article 9
Authors: Packer John , Holt Sally 
Published: August 2024

Abstract
This chapter comments on Article 9 of the Framework Convention for the Protection of National Minorities (FCNM). Article 9 contains more detailed rules for the protection of the freedom of expression than Article 7, specifically as it pertains to the free expression and reception of information and ideas by persons belonging to national minorities through the printed and broadcast media in their language of choice. The right of persons belonging to national minorities to receive and impart information in this way depends in great part on their access to media outlets. As such, Article 9 has four substantive provisions expressed in separate sub-paragraphs, covering the right to receive and impart information; the regulation of the broadcast media and cinema enterprises through licensing; states' obligation not to hinder the creation and the use of printed media by persons belonging to national minorities; and states' obligation to facilitate access to the media for persons belonging to national minorities and to promote tolerance and permit cultural pluralism.
Article 11
Authors: de Varennes Fernand 
Published: August 2024

Abstract
This chapter comments on Article 11 of the Framework Convention for the Protection of National Minorities (FCNM). Article 11 consists of three sections that address specific, and in some ways symbolic, aspects of the protection of minorities. Article 11(1) refers to the right of persons belonging to national minorities to use their first name and surname in their own language, and to have these officially recognized by state authorities, a right now understood in human rights terms to be based on the right to private life. Article 11(2) refers to the right to the public display of signs, inscriptions, and other visual forms of a private nature written in a national minority language. Article 11(3) indicates that ‘in areas traditionally inhabited by substantial numbers’, parties should have local, street, and topographical names in the national minority language. None of these sections can be described as revolutionary, yet their presence in a separate provision would appear to have been an attempt to link the importance of language within the identities of individuals and communities, and the need to address this in a more direct and precise way.
Article 13
Authors: Thornberry Patrick 
Published: August 2024

Abstract
This chapter comments on Article 13 of the Framework Convention for the Protection of National Minorities (FCNM). Article 13 is a contemporary expression of the freedom of minorities to establish their own educational institutions as an alternative or supplement to public provision. The right coheres with the general right recognized in ‘undifferentiated’ human rights instruments to establish private institutions for specific purposes, including the furtherance, in the terminology of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), of education according to one's ‘religious and philosophical convictions’. While there is an element of ‘separatism’ in all this, the element of freedom to choose is the essence of the right: this is an exercise in minority rights and not an exercise in state creation of segregated systems of education.
Article 22
Authors: Hannikainen Lauri 
Published: August 2024

Abstract
This chapter comments on Article 22 of the Framework Convention for the Protection of National Minorities (FCNM). Article 22 aims to ensure that persons belonging to national minorities benefit from whichever of the relevant national or international human rights legislation is most favourable to them. Indeed, Article 22 is virtually a copy of the corresponding article in the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) — at the time of the preparation of the Framework Convention it was Article 60 in the ECHR, since its revision, it is now at Article 53 ECHR. States parties certainly understand the meaning of Article 22 and can be expected to avoid infringing it with their national laws. Presumably governments of the states parties are able to keep things under control — to see to it that public authorities do not misinterpret Article 22. If such interpretations were to emerge, governments would need to revoke them.
Article 23
Authors: Hilpold Peter 
Published: August 2024

Abstract
This chapter comments on Article 23 of the Framework Convention for the Protection of National Minorities (FCNM). Article 23 permits a seamless insertion of the FCNM into a normative environment characterized by the presence of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Though of different nature and aims, these two documents have significant common ground. This is most evident in Articles 7, 8, and 10(3) of the Framework Convention which refer, either directly or through the language used, to corresponding provisions of the ECHR. Thus, Article 23, together with the relevant provision in the Preamble of the Framework Convention, is a reminder of the fact that minority rights are human rights. At the same time, these provisions indicate that wherever minority rights conflict with general human rights principles, a balancing of the different interests has to be achieved that takes into account the Framework Convention as an important human rights instrument.
Introduction
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis introductory chapter briefly outlines the origins and development of the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention/ICERD). The Convention did not emerge ex nihilo but carried with it a weight of political, ideological, and institutional baggage. On 21 December 1965 the General Assembly of the United Nations adopted the Convention, a move that represented a signal moment in international law and relations. However, in the General Assembly, reaction to its adoption varied in tone and substance. In the adoption speeches, the summaries of the content and significance of the Convention reflected different sets of preoccupations.
The Convention
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter provides a brief résumé of racial theory in its interface with colonialism. In international law and relations, the theory was complemented by assertions of difference and hierarchy that rested on analogous but not identical grounds. While the definition of racial discrimination in the Convention reaches beyond ‘race’ to include discrimination on the grounds of colour, descent, and national or ethnic origin, the ideology of ‘race’ represented the major point of departure for the drafters of the Convention, and warrants explanation. The discrediting of racial theory through conceptual revision and legal standards is also accounted for, even as those standards continue to ‘recycle’ the vocabulary of race in their efforts to confront it. The final section of the chapter reviews the landmark normative and institutional developments that led to the Convention.
Article 2
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter describes Article 2 of the Convention, which acts as its engine, using language of a ‘vigorous nature’ to convert rights into a platform for practical action. While the article is logically organized in progressing from obligations directed at the State and its bodies towards regulating the actions of persons and groups, it is not a masterpiece of drafting. The travaux préparatoires reveal degrees of confusion regarding the proliferation of terms and the overlapping of sub-paragraphs. The drafting was strongly influenced by the metaphors of immediate action and speed of response, illustrating the then dominant view that the swift elimination of racial discrimination was achievable if only the colonial systems could be swiftly demolished and apartheid consigned to history. The assertions of ‘no discrimination here’, allied with those on the ‘unthinkable’ notion of State-sponsored discrimination outside the customary circles of infamy, cemented the overall approach.
Article 5
Authors: Thornberry Patrick 
Published: August 2024

AbstractThis chapter provides a short introduction to Article 5, its travaux, and reservations thereto. Article 5 incorporates on a complex obligation to prohibit and eliminate all forms of racial discrimination, and to guarantee equality before the law on a non-discriminatory basis. The equality guarantee applies to the enjoyment of an extensive, unclosed list of rights—‘notably in the enjoyment of the following rights’—so that other, unnamed rights are also subject to its protection. The explicit naming of rights in Article 5 is unique in the Convention. Whereas the preamble and other articles refer generically to human rights, rights and freedoms, or human rights and fundamental freedoms, Article 5 draws out the implications of the reference to rights and freedoms in Article 1, and is expressly linked to Article 2.
Amending the Convention and reforming its machinery
Authors: Schabas William A 
Published: August 2024

Abstract
Eleven Protocols to the Convention have been adopted that modify or add to the provisions governing administration, procedure, and implementation. All but one of them, Protocol No. 16, is an amending protocol, requiring unanimous consent for entry into force. This chapter discusses these protocols. Among them are Protocol No. 2, which conferred upon the European Court the competence to deliver advisory opinions; Protocol No. 3, which introduced several changes to the Convention concerning the functioning of the European Commission on Human Rights; Protocol No. 5, a result of proposals from the Court and the Commission aimed at ensuring an even rotation of terms of the members of the two bodies; Protocol No. 8 authorized the Commission to set up Chambers capable of exercising all of the powers previously enjoyed by the plenary Commission; Protocol No. 9 allowed individual applicants a direct right of access to the European Court of Human Rights.
Right to life/Droit à la vie
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 2 of the European Convention on Human Rights, which protects the ‘right to 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.
Prohibition of slavery and forced labour/Interdiction de l’esclavage et du travail forcé
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 4 of the European Convention on Human Rights, which prohibits slavery and forced labour. 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 liberty and security/Droit à la liberté et à la sûreté
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 5 of the European Convention on Human Rights (ECHR), which protects the right to liberty and security of the person. 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 a fair trial/Droit à un procès équitable
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 6 of the European Convention on Human Rights, which protects the right to a fair trial. 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.
No punishment without law/Pas de peine sans loi
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 7 of the European Convention on Human Rights, which protects against punishment without law. 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 expression/Liberté d’expression
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 10 of the European Convention on Human Rights, which protects the freedom of expression. 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 discrimination/Interdiction de discrimination
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 14 of the European Convention on Human Rights, which prohibits discrimination based upon race, sex, language, religion, and other analogous grounds. 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.
Establishment of the Court/Institution de la Cour
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 19 of the European Convention on Human Rights, which establishes the European Court of Human Rights. 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.
Criteria for office/Conditions d’exercise des fonctions
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 21 of the European Convention on Human Rights, which sets the criteria for appointment to high judicial office. 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.
Terms of office and dismissal/Durée du mandat et révocation
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 23 of the European Convention on Human Rights, which sets out the terms of office and dismissal proceedings for 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.
Third-party intervention/Tierce intervention
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 36 of the European Convention on Human Rights covering third party intervention in Court proceedings. 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.
Examination of the case/Examen contradictoire de l’affaire
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 38 of the European Convention on Human Rights, which sets out several principles concerning the examination of the case by 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.
Final judgments/Arrêts définitifs
Authors: Schabas William A 
Published: August 2024

Abstract
This chapter presents Article 44 of the European Convention on Human Rights, which establishes the finality of judgments of a Chamber or 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.