bluuebunny/crossref_metadata_2025_split huggingface dataset:
Principles
Authors: Husovec Martin 
Published: August 2024

Abstract
The final chapter of the book summarises its findings through two sets of principles that are based on the analysis of the Digital Services Act (DSA). The principles are offered to legislatures as the statutory design principles and to authorities as the interpretation principles. It is argued that the DSA is a tool that is meant to foster a trustworthy online environment by suppressing illegal information and rewarding trustworthy information. To achieve the former, public and private enforcement are crucial. To achieve the latter, the social structures, such as NGOs and charities, must take the lead in using the tools of the DSA and building upon its concepts to enhance the public’s trust in the decentralised ecosystem of information distribution.
Antitrust Procedural Fairness
Authors: Sokol D Daniel , Guzman Andrew T 
Published: August 2024

Abstract
Much of antitrust law scholarship has focused on substantive legal issues — theories of harm and changing law and policy. Surprisingly, there has been very little work — and to our knowledge no book-length work that is comparative — on a fundamental element that is a critical building block to effective policy, procedural fairness. Procedural fairness encompasses issues of transparency and due process. Procedural fairness has been an important issue in global antitrust for some time. The types of due process concerns raised globally often relate to the lack of effective representation, the use of industrial policy by third parties, and procedural tools that do not allow for the most effective advocacy to lead to efficient outcomes. This book focuses on these issues and teases out common problems and distinct issues in particular jurisdictions, allowing for a rethink of creating a more effective system for procedural fairness, and explores these issues in each jurisdiction, along with highlights of particular cases in which due process issues have emerged.
Introduction
Authors: Guzman Andrew T , Sokol D Daniel 
Published: August 2024

Abstract
This introductory chapter provides an overview of the book's main themes. This book focuses on issues of procedural fairness and teases out common problems and distinct issues in particular jurisdictions. Each chapter by country was organized to answer the same set of questions: (1) Does your system permit legal representation for the parties under investigation, including allowing the participation of both local and foreign counsel? (2) Does your system notify the parties of the legal and factual bases of an investigation and share the evidence on which the agency relies? (3) Does your system provide for meaningful engagement between the parties and the agency's investigative staff and decision-makers? (4) From an institutional design perspective, does your system ensure internal checks and balances on decision-making within the agency by courts? The jurisdictions covered are the United States, European Commission, China, Taiwan, South Korea, Hong Kong, Japan, India, Brazil, Australia, and Canada.
Procedural Fairness in Chinese Antitrust
Authors: Ma Jingun (Mary) , Sokol D Daniel 
Published: August 2024

Abstract
This chapter discusses China's antitrust laws. The Anti-Monopoly Law (AML) took effect in August 2008. In many ways, the AML appears similar to competition laws in other jurisdictions, with, for example, prohibitions against monopolistic agreements (both horizontal and vertical) and the abuse of dominance. However, from an institutional standpoint, the AML is more complex than competition law systems in other jurisdictions. Unlike a single authority (the norm), three competition authorities jointly share responsibility for enforcing the AML: the Ministry of Commerce, the National Development and Reform Commission, and the State Administration of Industry and Commerce. The Chinese antitrust agencies have considerable discretion with regard to procedural fairness issues under Chinese law. They also have discretion with regard to substantive standards of the application of the AML and related laws. This combination provides for opportunities for the Chinese competition authorities to limit due process and transparency in ways that sometimes impact the substantive application of law.
Procedural Fairness in India
Authors: Bose Avirup , Rathi Sagardeep 
Published: August 2024

Abstract
The Competition Commission of India (CCI), established under the Competition Act, 2002 has the exclusive original jurisdiction to enforce the provisions of the Act, which came into force on May 20, 2009, with the Act's merger control provisions being subsequently brought into effect on June 1, 2011. However, in the last eight years of existence, the CCI has deviated from the principles of natural justice while exercising its quasi-judicial function, and have deviated from following the due process of law. Many of the appeals from decisions of the CCI before the Competition Appellate Tribunal are on the very basis of non-compliance with principles of natural justice as well as on the merits of the case. This chapter analyzes these decisions. It is divided into three major sub-parts: (i) due process issues at the investigation stage; (ii) due process issues at the decision-making stage; and (iii) due process issues at the remedy stage.
Procedural Fairness and Transparency in Australian Merger Regulation and the Use of Enforceable Undertakings
Authors: Ng Wendy 
Published: August 2024

Abstract
This chapter examines procedural fairness and transparency in Australian merger regulation. It outlines the different ways that merging parties can seek competition merger approval and the mechanisms in place to provide procedural fairness and transparency to merging parties and others. It explains how enforceable undertakings are used by the Australian Competition and Consumer Commission (ACCC) and the Australian Competition Tribunal to conditionally approve mergers. It then examines the main due process and transparency issues that arise in the context of merger-related enforceable undertakings. These relate to the ability to review or challenge the ACCC's decision to accept, reject, vary, or withdraw an enforceable undertaking; the nature of the negotiation and decision-making process relating to enforceable undertakings; the use of the ACCC's information gathering powers during merger review; and the procedural fairness protections for third parties.
Accountability, Private Rights of Action, and Canadian Competition Institutions
Authors: Iacobucci Edward M 
Published: August 2024

Abstract
This chapter examines the enforcement regime in Canadian competition law, focusing on private rights of action. It addresses four questions: Are parties entitled to legal representation in Canadian competition investigations by domestic and/or foreign counsel? Do Canadian competition authorities notify parties of the legal and factual bases of an investigation and any findings by the agency? Do parties have the opportunity for meaningful engagement with Canadian competition authorities? And do courts in Canada provide checks and balances on competition agency decision making? The chapter calls for expansion in the limited private rights that presently exist, both in addressing a wider scope of possibly anticompetitive conduct, specifically around abuse of dominance, and in allowing actions for damages in those contexts. The case for expansion rests in part on the problem in Canada of relatively few decided cases and consequential uncertainty about the law.
Form Follows Function
Authors: Heather Sean 
Published: August 2024

Abstract
This chapter discusses the concepts of form and function in antitrust law. Over the last fifty years, the world has seen the proliferation of antitrust laws and corresponding enforcement authorities steadily advance their way around the world. Much of this advancement was spurred by the United States encouraging all to adopt a free market approach to managing an economy. Given that antitrust law and authorities take on different functions in different jurisdictions, the business community has looked to process to provide form as an influencer over its function. Although there is little doubt that good form does impact function, time will tell whether or not fundamental values that support transparency and underpin due process serve as a common denominator to countering misguided antitrust outcomes and divergent approaches to the role of antitrust.
Due Process in Competition Law Proceedings
Authors: O’Brien Paul 
Published: August 2024

Abstract
This chapter first discusses how due process has attracted increased attention in international competition law dialogue. This can be attributed to three factors: the globalization of antitrust, the spotlight that has put on procedural differences, and an evolution of the nature of the discussion of due process and the perceived value to agencies in promoting sound outcomes. The chapter then asks whether there is consensus on appropriate process for competition proceedings. Competition agencies operate within different legal systems and traditions, with different organizational structures and different procedural rules. Are these differences significant, perhaps insurmountable, hurdles to consensus on common procedural practices? It argues that that the answers depend on the following: (1) high-level commitments to the importance of due process; (2) agreement on basic pillars or principles of due process; and (3) agreement on a set of specific practices that all agencies should implement to ensure due process.
Human Rights in Comprehensive Context
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter describes a comprehensive set of goal values for postulation, clarification, and implementation of human rights in the largest community of humankind, first by discussing the rising common demands for such rights, namely: demands relating to respect, power, enlightenment, well-being, wealth, skill, affection, and rectitude. It then considers the responses of both transnational and national processes of authoritative decision to these demands, arguing that human dignity values are not being fulfilled and that large-scale deprivations of individuals and groups continue to prevail everywhere. It also examines conditions affecting deprivations and nonfulfillments of human dignity values, along with the intellectual confusion about human rights. In particular, it evaluates a number of jurisprudential approaches that contribute to human rights theory, including the natural law approach, the historical approach, the positivist approach, and the social science approach. The chapter concludes by proposing a policy-oriented framework of inquiry about human rights.
The Social Setting of Human Rights: The Process of Deprivation and Nonfulfillment of Values
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter proposes a map of comprehensive world social process which affects not only degrees in the achievement of human rights, but also the kinds of claims that are made to authoritative decision for redress of deprivations and nonfulfillments. This world social process expands the generalized image of “man” striving to maximize “values” by applying “institutions” to “resources,” and includes a number of distinguishable, but interrelated, features. The chapter discusses these features in greater detail, namely: participants, perspectives, situations, base values, strategies and outcomes. The chapter highlights the continuous flow of deprivations and nonfulfillments in the shaping and sharing of values which characterizes both the internal social processes of different particular communities and the more comprehensive social process of the larger global community. It also considers human rights dimensions and policies at stake in all social interaction and in all authoritative decision by which such interaction is regulated.
The Global Constitutive Process of Authoritative Decision
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter examines the emergence and continuing development of a global constitutive process of authoritative decision and its significance for the protection of human rights. It first considers the major features of contemporary constitutive process, namely: participation, nation-states, international governmental organizations, political parties, pressure groups, private associations, and the individual. It then explores the perspectives of the effective elites of the world, which infuse the global processes of authoritative and controlling decision, before discussing the diplomatic, parliamentary, diplomatic–parliamentary, adjudicative, and executive arenas in which all the effective participants in world power process interact. It also analyzes the base values for influencing decision, as well as the strategies employed in global constitutive process and the outcomes of such process. Finally, it describes the global bill of rights that is emerging from the different human rights prescriptions.
Claims Relating to Racial Discrimination
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter considers claims relating to racial discrimination. It begins with a factual background on the issue of race and racial discrimination, and more specifically the value deprivations, both historical and continuing, imposed through “racial” discrimination and its equivalences. It then examines basic community policies that honor shared respect, which in turn requires nondiscrimination for reasons irrelevant to potentialities and is a fundamental component in any rational conception of human dignity. It also discusses the emergence of the more general norm of nondiscrimination, with particular emphasis on various prescriptions against racial discrimination articulated by international instruments such as the United Nations Charter, the Universal Declaration of Human Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination, as well as special national legislation aimed at preventing and eradicating racial discrimination (for example, the United States's Civil Rights Act of 1964).
Claims Relating to Freedom from Religious Discrimination
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter focuses on claims relating to freedom from religious discrimination. It begins with a factual background on discrimination based upon religious beliefs and expressions, which forms the basis for some of the most serious deprivations of civil and political rights. In particular, it considers religious discrimination in the areas of rectitude, power, enlightenment, well-being, affection, and respect. It then examines basic community policies on religious discrimination, highlighting the importance of individual freedom of inquiry and commitment to community consensus about shaping and sharing of values. It also discusses trends in the transformation of the concepts of religious toleration and freedom of religion into national prescription and practice before concluding with an analysis of the inclusive context of religious and other basic freedoms of belief.
Claims for Freedom from Discrimination because of Nonconforming Political Opinion
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter focuses on claims for freedom from discrimination because of nonconforming political belief. It starts with a factual background on deprivations imposed upon individuals owing to their political or other opinions. In particular, it considers political deprivations in relation to enlightenment, power, well-being, wealth, skill, affection, respect, and rectitude. It then examines basic community policies regarding the differential treatment of individual human beings entirely on the basis of political and other opinions, a practice that is clearly incompatible with the values of human dignity. It also discusses a range of prescriptions against discrimination on the basis of political or other opinions before concluding with an overview of future developments on freedom from political discrimination and persecution.
The Protection of Aliens from Discrimination: State Responsibility Conjoined with Human Rights
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu 
Published: August 2024

Abstract
This chapter discusses the responsibility of states to protect aliens from discrimination in the context of human rights prescriptions. It starts with a factual background on deprivations imposed upon individuals on the ground that they do not possess the “nationality” of the imposing state. Among the most important value deprivations imposed upon aliens are denial of full participation in the making of community decisions, “denial of justice,” and deprivations with respect to wealth, skill, and enlightenment. The chapter proceeds by considering basic community policies aimed at protecting aliens from discrimination and the development of a unique customary international law for the special protection of aliens. In particular, it examines two different standards about the responsibility of states to protect aliens from discrimination: the doctrine of “national treatment,” or “equality of treatment,” and the “minimum international standard.” Finally, it highlights future prospects for prescriptions that relate to alien “protection” or “discrimination”.
Doctrine, Practice, and Advocacy in the Inter-American Human Rights System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This book about the inter-American human rights system combines a comprehensive case-based review of the system’s jurisprudence and procedures with practice-oriented discussions to enable English-speaking students and practitioners to apply the system for addressing human rights violations in the Americas. In addition to using case excerpts from the Inter-American Commission and Court to illustrate the system’s jurisprudence in each area of human rights, the book employs case studies to survey the real-world impact of the system’s decisions in the countries under its jurisdiction. It provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. It also provides materials that consider the political dynamics that empower and constrain the system, including ones covering the process of selection of members of the Inter-American Commission and judges on the Court, as well as budgetary and personnel decisions that directly affect the system’s human rights bodies. It also focuses on providing the foundations for interdisciplinary, strategic, and practical approaches to the Inter-American Human Rights System. The book brings together the current doctrine and practice of the Inter-American Commission and Inter-American Court, as well as analysis of the historical, political, and social context in which these bodies operate. Its point of departure is a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.
Introduction—Doctrine, Practice, and Advocacy in the Inter-American Human Rights System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This introductory chapter provides an overview of the book’s main themes. This book is about the inter-American human rights system, one of three major regional human rights systems in the world. It combines a comprehensive case-based review of the system’s jurisprudence and procedures with practice-oriented discussions to enable students and practitioners to use the system to address human rights violations in the Americas. The casebook, in addition to using case excerpts from the Inter-American Commission and Court to illustrate the system’s jurisprudence in each area of human rights, employs case studies to survey the real-world impact of the system’s decisions in the countries under its jurisdiction. The book analyzes a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system.
Jurisdiction beyond Contentious Cases: What Else Can the System Do?
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter explores the ways in which the Inter-American Commission on Human Rights and Inter-American Court of Human Rights may act to protect rights beyond contentious jurisdiction. It looks at the system’s mechanisms for ordering urgent protection for individuals and groups facing threats. It considers categories of beneficiaries, focuses on the requirements for obtaining precautionary measures from the Commission, and discusses the practical consequences of having these measures granted based on the experience of past cases. It reviews the manifold non-contentious activities to promote human rights that the Commission has developed in its more than 50 years of activity in the region. Finally, the chapter discusses the advisory jurisdiction of the Court, the purposes it serves, those empowered to request the Court’s opinion and its potential for influencing government choices.
Mass Atrocity, Contemporary Responses, and Transitional Justice
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter examines the work of the Inter-American Commission on Human Rights and Inter-American Court of Human Rights Commission in pursuing accountability for systematic human rights violations. It considers the case of Argentina to examine in detail the history of human rights violations, transition, impunity and, ultimately, the beginning of a process of accountability. It discusses the role of truth commissions in countries transitioning from military dictatorships and rights-abusing regimes or internal armed conflict, the prosecution of members of military forces after transitions, and the effects that subsequent amnesty laws have had on shielding abusers from accountability in the region. It explores how activists have used the Inter-American system to challenge amnesty laws and pardons in Argentina, Chile, El Salvador, and Uruguay.
The Right to Life
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia 
Published: August 2024

Abstract
This chapter explores the expanding concept of the right to life in the inter-American system, moving from the basic duty not to take life, to the duty to protect vulnerable groups and avoid foreseeable risks to life, to the duty to take regular measures to preserve life, and finally to the Inter-American Court’s doctrine regarding states’ duty to guarantee those within their jurisdictions access to the conditions that make possible a dignified life. It also examines the System’s death penalty jurisprudence, emphasizing the existing limits on this form of punishment, state obligations regarding due process and other guarantees, and the recent trends in domestic limitations on its use. It focuses on the case of Trinidad and Tobago, which withdrew its ratification of the American Convention due largely to societal support for the death penalty. Finally, the chapter considers the issue of abortion.