bluuebunny/crossref_metadata_2025_split huggingface dataset:
Filling of Vacancies
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 8 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 8 states that, ‘If a member of the Subcommittee on Prevention dies or resigns, or for any cause can no longer perform his or her duties, the State Party that nominated the member shall nominate another eligible person possessing the qualifications and meeting the requirements set out in Article 5, taking into account the need for a proper balance among the various fields of competence, to serve until the next meeting of the States Parties, subject to the approval of the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment’.
Term of Office
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 9 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 9 of the Optional Protocol is a standard provision in UN human rights treaties providing for a four-year term of office and the principle of partial renewal with ‘staggering’ elections every two years. However, for the first time in a human rights treaty, Article 9 restricts the re-election of members to once only. This restriction of the possibility for a continuing membership of some members of the Subcommittee on Prevention for more than two terms served as a model for later treaties, such as the International Convention for the Protection of all Persons from Enforced Disappearance and Convention on the Rights of Persons with Disabilities.
Rules of Procedures
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 10 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 10 of the Optional Protocol is modelled on Article 18 of the Convention against Torture, which itself is based on Articles 35 to 39 of the International Covenant on Civil and Political Rights. It requires the Subcommittee on Prevention (SPT), as the Convention against Torture Committee, to elect its officers, i.e. one chairperson, three vice-chairpersons, and one rapporteur, for a term of two years, and to establish its own rules of procedure which shall provide that, at the beginning, six (now 14) members shall constitute a quorum and that decisions shall be made by a majority vote of the members present. Although the SPT, as with the Convention against Torture Committee, is free to decide the number of its annual sessions, both bodies must hold one at the same time, and all meetings shall be confidential.
Obligations of States Parties to Cooperate with the Subcommittee
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 12 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 2(4) of the Optional Protocol stipulates that the Subcommittee on Prevention (SPT) and the States parties ‘shall cooperate in the implementation of the present Protocol’. This principle of cooperation constitutes one of the main pillars of the Protocol and creates rights and corresponding duties for both the SPT and States parties. While the duties of the SPT are spelled out primarily in Articles 2, 11, 13, and 16 of the Optional Protocol, the corresponding obligations of States parties can be found in Articles 4, 12, 14 and 15. These mutual rights and obligations are interdependent and should be interpreted correspondingly.
Obligation of States Parties to Facilitate Visits by the Subcommittee to Places of Detention
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 14 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 14 of the Optional Protocol is closely related to Article 12, and further defines the obligation of States parties to cooperate with the Subcommittee on Prevention (SPT) in facilitating its preventive visits to places of detention. During the discussions in the Working Group, this Article proved to be just as controversial as Article 12. Certain States objected to the right of the SPT to conduct unannounced visits to places of detention and private interviews with detainees. On the other hand, no explicit reference to unannounced visits to places of detention is included in Articles 12 or 14 of the Optional Protocol, and Article 14(2) contains the right of States parties to object to a visit of a particular place of detention on certain urgent and compelling grounds.
Prohibition of Sanctions against any Source of Information of the Subcommittee
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 15 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 15 of the Optional Protocol constitutes the first explicit provision in a human rights treaty which aims at protecting detainees and other persons or organizations against any factual sanction or judicial proceedings for having communicated to the visiting body any information, whether true or false. Similar provisions of victim and/or witness protection can be found, e.g. in Article 34 of the European Convention on Human Rights and in Article 68 of the Rome Statute of the International Criminal Court.
Prohibition of Sanctions against any Source of Information of the NPM
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 21 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 21(1) mirrors Article 15 of the Optional Protocol relating to the Subcommittee (SPT). It contains an important principle for the protection of detainees, family members, witnesses, lawyers, NGOs, and other relevant persons or organizations against any reprisals or victimization on the ground of having provided any information, true or false, to the national preventive mechanism. Such sources of information shall be immune against any civil or criminal liability. Article 21(2) contains rudimentary provisions about the confidentiality of information provided to the national preventive mechanism. In the absence of a general duty of confidentiality on the part of national preventive mechanisms, these provisions raise several questions of interpretation.
Annual Reports of the National Preventive Mechanisms
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 23 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 23 requires ‘The States parties to the present Protocol undertake to publish and disseminate the annual reports of the national preventive mechanisms’. As with the Committee against Torture and the Subcommittee on Prevention (SPT), national preventive mechanisms shall also prepare an annual report on their activities. While the annual reports of the Committee against Torture are submitted to the States parties of the Convention, and the annual reports of the SPT to the Committee against Torture, the final addressee of the national preventive mechanisms' annual report is not limited to a specific body or group of persons.
Special Fund
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 26 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 26 states that ‘A Special Fund shall be set up in accordance with the relevant procedures of the General Assembly, to be administered in accordance with the financial regulations and rules of the United Nations, to help finance the implementation of the recommendations made by the Subcommittee on Prevention after a visit to a State Party, as well as education programmes of the national preventive mechanisms. This Special Fund may be financed through voluntary contributions made by governments, intergovernmental and non-governmental organisations, and other private or public entities’.
Entry into Force
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 28 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 28 describes the procedure of the entry into force of the Protocol in line with Article 27 of the Convention against Torture. Entry into force means that the provisions laid down in the Protocol becomes legally binding on all States parties that have ratified or acceded to it. In line with Article 28(1) of the Optional Protocol, the Protocol entered into force under international law on 22 June 2006. As of 12 December 2018, the Optional Protocol had 88 States parties.
Prohibition of Reservations
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 30 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 30 states that no reservations shall be made to the present Protocol. The drafters of the Optional Protocol agreed on this provision after long and heated discussions. This is in line with Article 19(a) of the Vienna Convention on the Law of Treaties, which stipulates that States may formulate reservations ‘unless the reservation is prohibited by the treaty’. In a final attempt to reach a consensus on this controversial issue, in January 2002 the Chairperson-Rapporteur introduced the possibility of a temporary ‘opting-out declaration’ preventing visits to places of detention by either the Subcommittee or an national preventive mechanism for a period of up to three years.
Denunciation
Authors: Buchinger Kerstin 
Published: June 2024

Abstract
This chapter discusses Article 33 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Pursuant to Article 33, a State party may denounce the Optional Protocol at any time by written notification to the Secretary-General, being the sole requirement for withdrawal. The possibility and procedure of denunciation is quite common with regard to international treaties, at least as to their optional elements. However, a State party may not tackle its obligations under the present Protocol until the expiration of one year calculated from the date of receipt of the notification by the Secretary-General. Furthermore, and in order to hinder States parties from denouncing the Protocol for the purpose of suppressing any grievances, the act of denunciation does not function retroactively.
Privileges and Immunities
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 35 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 35 stipulates that the members of the Subcommittee on Prevention (SPT) as well as of the national preventive mechanisms shall be granted the necessary privileges and immunities in order to exercise their monitoring functions independently. With regard to the members of the SPT, special reference is made to the General Convention on the Privileges and Immunities of the United Nations of 13 February 1946. No special reference is made to international standards regarding national preventive mechanisms. However, according to Article 35 of the Optional Protocol, its members shall be granted privileges and immunities that are necessary for the independent exercise of their functions.
Authentic Texts
Authors: Krisper Stephanie 
Published: June 2024

Abstract
This chapter discusses Article 37 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. According to Article 37, the Optional Protocol is translated into all official UN languages and it explicitly refers to the fact that all translations are equally authentic. Specifically, the article states that:‘The present Protocol, of which the Arabic, Chinese, English, French, Russian, and Spanis, texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States’.
What Is Energy Transition?
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter introduces the notion of energy transition. It acknowledges climate change as one of today’s leading policy problems, citing how anthropogenic greenhouse gas emissions cause the phenomenon. To respond to climate change, a change in the operation of human energy systems of electricity, heat, and transportation is needed. Any change as momentous as the energy transition will have repercussions for world society. Energy transition today challenges the traditional energy paradigm while trying to achieve the goal of mitigating climate change impacts and protecting the notion that energy transition itself is conducive to the realization of the right to development.
How Can Energy Transition Take Place
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter looks into the different technological tools available to drive the energy transition. The first set of tools is the kind of tools typically associated with energy transition to replace the components supporting the traditional hydrocarbons paradigm such as renewable energy. The second set of tools is expected to remove greenhouse gases from the atmosphere and prevent further destruction of natural sinks. Meanwhile, the third set of tools primarily focuses on solar radiation management. The chapter considers the various challenges posed by the tools, such as the value chains related to these input approaches. It also explains that an input approach to energy transition would address transportation.
Polycentricity, Fragmentation, and the Energy Trilemma
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter tackles the interplay between polycentricity, fragmentation, and the energy trilemma. The fragmentation of international legal norms governing energy transition policies is the consequence of polycentric, bottom-up governance. Specialized networks increasingly determine the content of international legal norms and interpret and apply these norms within a closed regime. The chapter mentions how the fragmentation of international law could be addressed within the energy transition context as a conceptual matter. It explains that rebalancing is possible within a legal framework by deploying a correlative rights framework before outlining the theoretical underpinnings of the international legal principles of the energy transition.
Conflict and Convergence of Energy Transition Principles
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter looks into the international legal principles that govern different aspects of the energy transition. It details the inherent conflict potential between these different principles, referencing how it cannot be resolved by deductive logic since each principle is premised in fundamentally incommensurate values. The first step to addressing the conflicting values inherent in the energy transition principles is to understand the function of law in energy transition governance. Thus, ambivalence created by the inconsistency in demands of energy transition principles creates problems. Moreover, while adjudication continues to play an important role in energy transition governance, the principal role of law is in supporting effective and fair policy-making.
Stakeholder Engagement
Authors: Sourgens Frédéric G , Sempertegui Leonardo 
Published: June 2024

Abstract
This chapter focuses on the notion of stakeholder engagement, which refers to inducing people involved in or affected by a course of action to participate in it. The three distinct aspects of stakeholder engagement range between consultation, transfer, and autonomy. The chapter then considers the interplay between stakeholder engagement in the Energy Transition Principles. Stakeholder engagement improves the authority of energy transition decisions, which is central to the ability of states to rely on civil society to govern from the bottom up to achieve goals collectively within specific social contexts. The chapter mentions that the success or failure of energy transition policies depends on how policies are implemented.
Principles of International Economic Law, 3e
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This book provides a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. The book examines classical topics of international economic law – like WTO law, investment protection, commercial law, and monetary law – in context with emerging aspects of human rights, environmental protection, and the legitimate claims of developing countries. A perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploiting natural resources and the legal impact of climate protection. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often-complex relationship between, on the one hand, international standards on liberalization and economic rationality, and on the other, state sovereignty and national preferences. It describes the newly developed forms of economic co-operation between states, such as the G7, the G20, or the BRICS. This fully updated third edition covers new aspects and developments, with a particular focus on corporate social responsibility, challenges for WTO law, mega-regional agreements like CPTPP, the impact of human rights law and environmental standards, and cryptocurrencies.
The Law of International Economic Relations
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter discusses the contents and structure of the law of international economic relations. It explains that international economic law encompasses a complex architecture of rules governing international economic relations and transboundary economic conduct by States, international organizations, and private actors. Many rules for international transactions or the settlement of commercial disputes are laid down in international treaties, such as the UN Convention on Contracts for the International Sale of Goods (CISG) or the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The chapter then details the main areas of international economic law. It also considers the interplay between international economic law and economic rationality.
The Legal Sources of International Economic Law
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter looks into the legal sources of international economic law. It elaborates on the law and system of the European Union that reached a unique degree of legal, economic, and political integration. Meanwhile, the notion of lex mercatoria captures internationally established customary rules or terms with a specific and internationally recognized meaning. The chapter then looks into international agreements that facilitate private economic transactions by harmonizing rules. It provides an overview of international law as an order of transboundary economic relations while considering the sources of international economic law, customary international law, general law principles, and treaties on international economic transactions.
Corporate Social Responsibility
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter details the key concepts of corporate social responsibility (CSR). CSR refers to employees, local communities affected by the corporation’s operations and broader public interests. As a soft law, the standards govern non-judicial grievance mechanisms that inspire recent domestic legislation and judicial rulings. The chapter cites how CSR catalyses the emergence of new rules of international law. It then discusses the instruments and specialized agencies of the United Nations and the Organization for Economic Cooperation and Development (OECD) Guidelines for multinational enterprises before considering the normative impact of international instruments on CSR that hold certain inherent ambiguities in some soft law standards.
Basic Principles of the International Economic Order
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter covers the basic principles of the international economic order. It enumerates and defines the principles of autonomy, trade liberalization, fair treatment, and non-discrimination. Moreover, favourable conditions for developing countries include preferential treatment, preferential tariffs, and technology transfer. The chapter then introduces the concept of sustainable development, which is one of the most salient examples of a soft law standard which has not yet achieved the status of a strict principle of international law with significant consequences for international economic relations. It also mentions that the modern international order is interrelated with human rights under customary law and treaties.
Good Governance
Authors: Herdegen Matthias 
Published: June 2024

Abstract
This chapter looks into the international structure of States and global economic integration. It primarily focuses on the notion of good governance as a salient issue of the modern economic order. The interaction between the rule of law, democracy, and the economic order largely depends on the prevailing political, social, and economic conditions in a State. The chapter then outlines the historical development of standards revolving around good governance. It elaborates on the relevance of the constitutional and economic order, wherein a State's capacity to integrate into the global economy and its openness to global competition considerably depends on its national constitutional order.