bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 30 of the VCLT: Application of successive treaties relating to the same subject-matter
Authors: Aughey Sean 
Published: June 2024

Abstract
This entry discusses Article 30 of the Vienna Convention on the Law of Treaties (VCLT). It explains that Article 30 contains default rules on the priority of application of successive treaties relating to the same subject matter. Moreover, the provision must be understood under the context of other elements of the law of treaties and the law of State responsibility. The entry provides an overview of the application of Article 30 in non-investment disputes and investment disputes. It then mentions the absence of detailed consideration of Article 30 by the International Court of Justice (ICJ) or inter-State arbitration tribunals, which makes it difficult to assess whether the practice represents any form of departure from the approach under general international law.
Article 33 of the VCLT: Interpretation of treaties authenticated in two or more languages
Authors: Tzeng Peter 
Published: June 2024

Abstract
This entry considers the interpretation of treaties authenticated in two or more languages according to Article 33 of the Vienna Convention on the Law of Treaties (VCLT). Many international adjudicatory bodies and commentators have considered the totality of Article 33 as reflecting customary international law. However, the International Court of Justice (ICJ) has expressly recognized only the article’s fourth paragraph as customary. The entry looks into the divergence between investor–State tribunals and other international adjudicatory bodies on the question of the application of the common meaning rule. It discusses the reasons for divergences, such as the utility of Article 33’s reconciliation rules.
Article 60 of the VCLT: Termination or suspension of the operation of a treaty as consequence of its breach
Authors: Fabri Hélène Ruiz , Ayman Randi 
Published: June 2024

Abstract
This entry explores Article 60 of the Vienna Convention on the Law of Treaties (VCLT). It explains that the provision entitles a treaty party to seek suspension or termination of the treaty due to its material breach by another party. Moreover, Article 60 alludes to the principle of inadimplenti non est adimplendum and commonly accepted as reflective of customary international law. The entry elaborates on the notion of material breach, which excludes its application to any other treaty breach. It then looks into Article 60 as received by international courts and tribunals before detailing the potential relevance for international investment practice.
Article 4 of the ARSIWA
Authors: Brown Chester 
Published: June 2024

Abstract
This entry discusses Article 4 of the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution of conduct of state organs. The entry sets out the requirements of this customary rule and summarises the decisions by investment tribunals and other international courts and tribunals. The rule enshrined in Article 4 features prominently in investment arbitration decisions. On the whole, investment tribunals apply the rule consistently with the practice of the International Court of Justice (ICJ) and other international courts and tribunals. However, investment tribunals deviate, including by relying exhaustively on relevant domestic law to determine whether or not an entity is a de jure or de facto State organ; failing to distinguish between the separate tests of attribution in Articles 4 and 5 of the ARSIWA and conflating them in a single test; and applying the rules of attribution in connection with claims for breach of contract; and recognising that the rules of attribution in the ARSIWA are residual in character, with the result that the applicable treaty (such as the NAFTA) may contain a lex specialis with respect to the conduct of certain State entities.
Article 13 of the ARSIWA
Authors: Annacker Claudia , Horváth Enikő 
Published: June 2024

AbstractThis entry examines Article 13 of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). Article 13 applies the basic principle of non-retroactivity in the field of State responsibility: a State can only be responsible for a breach of an international obligation if the obligation is in force for the State at the time of the alleged breach. The principle of non-retroactivity codified in Article 13 is uncontroversial and its application by investment treaty tribunals generally aligns with that of other international judicial bodies. The entry analyses the application of Article 13 in general international law and international investment law, which has been inconsistent, especially in the treatment of pre-entry into force conduct in the context of continuing and composite acts.
Article 23 of the ARSIWA: Force majeure
Authors: Paddeu Federica 
Published: June 2024

Abstract
This entry considers the defence of force majeure, as codified in Article 23 of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). It explains the requirements of the defence in general international law, focusing in particular on the standard of ‘impossibility of performance’ – a very high standard in respect of which there remain disagreements. It then considers the application of this defence in international investment law, and the deviations in this field from the requirements of the defence under general international law.
Denial of justice
Authors: Hepburn Jarrod 
Published: June 2024

Abstract
This entry explains that denial of justice is a long-established rule of customary international law relating to detrimental treatment suffered by aliens in the domestic administration of justice within another state. On typical accounts of the rule, denial of justice arises when judges in a local court are corrupt, biased, or unreasonably slow. The entry details matters of content, judicial finality, standing, temporal jurisdiction, and remedies under general international law and international investment law. It concludes that investment tribunals overall align strongly with the customary notion of denial of justice elaborated by the International Court of Justice (ICJ) and other international courts and tribunals. This finds its justification in interpretive approaches linking the text of investment treaties to customary standards of protection such as denial of justice. Investment tribunals have diverged from general international law practice, however, on questions of standing, driven by lex specialis rules in investment treaties lessening the relevance of the customary position.
Abuse of process
Authors: Bismuth Régis 
Published: June 2024

AbstractThis entry examines abuse of process. Abuse of process has become a commonplace allegation in proceedings before international courts and tribunals, especially in investment arbitration. Several factors account for variations in applying abuse of process and the International Court of Justice (ICJ)’s reluctance, including the nature of parties and the specificity of interstate proceedings. The entry explains that interstate courts, investment tribunals, and other international adjudicative bodies have contributed to shaping the abuse of process doctrine in general international law. It then details the applicable standards governing the abuse of process claims in international investment law and general international law.
Unjust enrichment
Authors: Claussen Kathleen 
Published: June 2024

Abstract
This entry discusses unjust enrichment, where one entity has been enriched at another’s expense in a way the law regards as unjust. The treatment of unjust enrichment in international law varies, which is reflected in the lack of consensus among the decisions of international courts and tribunals. The entry finds that unjust enrichment claims are more frequent in investment law than at the International Court of Justice (ICJ). The analysis of unjust enrichment illustrates how a general principle can lead to divergent applications and fragmentation in international law. Moreover, the presence and absence of unjust enrichment within institutions contribute to the long-standing conversation on fragmentation.
Regional Developments: Asia
Authors: Blay Sam 
Published: June 2024

Abstract
This chapter looks into the 1951 Convention under the context of Asia. It notes that Asia is the region with the least number of States that accept the 1951 Convention. Asia covers a vast and complex geopolitical region in which political events and natural disasters contribute to creating significant undocumented mass population movements with important implications for refugee law and practice. Even though the Asian-African Legal Consultative Organization (AALCO) operates in the region, its principles are non-binding and hardly impact on refugee law and practice there. The chapter also tackles the Human Rights Declaration of the Association of Southeast Asian Nations (ASEAN) concerning their member States' commitment to the rights of every person in receiving asylum. It
Preamble to the 1951 Convention
Authors: Alleweldt Ralf 
Published: June 2024

Abstract
This chapter focuses on the Preamble to the 1951 Convention. It explains that the Preamble to a treaty precedes the operative provisions of the treaty. A preamble defines the considerations which have led the contracting parties to conclude it, but it cannot create rights or obligations for either of the parties. Moreover, the Preamble insists that the implementation of the 1951 Convention is not a matter just for the contracting States, since its application is subject to international supervision by the United Nations High Commissioner for Refugees (UNHCR). The chapter then considers the interrelation of the Preamble with other provisions and declarations.
(The Term ‘In the Same Circumstances’/ L’Expression ‘Dans les Mêmes Circonstances’)
Authors: Mwakagali Mpoki , Marx Reinhard 
Published: June 2024

Abstract
This chapter notes that Article 6 of the 1951 Convention defines the 'in the same circumstances' phrase in an effort to avoid repetition of what the term implies. The phrase is used to modify the duty to assimilate refugees into relevant groups. Additionally, Article 6 aims to strike a balance between the general principle of assimilating refugees into other aliens and the recognition of the impediments refugees face due to their status. The Convention invokes the possibility of flexibility by considering the difficulties refugees would front if there was a uniformized standard of treatment with nationals or foreign nationals in the country of refuge. The chapter also tackles the historical development and drafting history of Article 6.
(Continuity of Residence/Continuité de Résidence)
Authors: Schmahl Stefanie 
Published: June 2024

Abstract
This chapter discusses Article 10 of the 1951 Convention. Since the Second World War forcibly displaced millions of people, the 1951 Convention sought to mitigate the results of residence interruption. Article 10 highlighted that deported people shall be deemed to satisfy the requirement of the regular residence. However, the wording of the article is not restricted to cases explicitly covered by the 1951 Convention and must be assumed to have a general application. The chapter clarifies that the stipulations contained in Article 10 are transitional in nature. It notes the arguments surrounding the article, which includes the calculation of a period of residence.
(Refugee Seamen/Gens de Mer Réfugiés)
Authors: Bank Roland 
Published: June 2024

Abstract
This chapter cites that the 1951 Convention's Article 9 contains a derogation clause. It starts with how Article 9 abstains from detailing the measures the contracting States may provisionally apply once the requirements of the clause are met by certain events. Provisional measures are characterized by four broad elements: measures bound to certain situations, public interests, individualized nationality, and time. The chapter acknowledges that circumstances triggering the State powers under Article 9 are not normal. It also mentions the doubts that the article's measures are permissible under human rights law since the 1951 Convention's provisional measures became more or less outdated.
(Personal Status/Statut Personnel)
Authors: Metzger Axel 
Published: June 2024

Abstract
This chapter notes Article 12 as the first article of the 1951 Convention's Chapter II that contains provisions about the juridical status of refugees. It explains that Article 12 indicates a choice of law rule of eminent impotence addressing the law applicable to the personal status of refugees, especially about their legal capacity, legal questions on family relations, and legal issues of succession. Moreover, the article prevents a refugee from being treated according to the laws of the State they fled from. The chapter mentions that Article 12 supports the integration of refugees into the asylum State. It cites that national courts regularly applied the article since its drafting.Human rights
(Access to Courts/Droit d’Ester en Justice)
Authors: Elberling Björn , Stern Rebecca Thorburn 
Published: June 2024

Abstract
This chapter overviews the details of Article 16 of the 1951 Convention, which primarily aims to grant refugees relatively unhindered access to contracting parties' courts. It highlights that the article can be understood as a non-discrimination or equal treatment provision. After its uncontroversial drafting process, Article 16 has a rather fundamental character within the 1951 Convention’s system of substantive rights. The chapter elaborates on the drafting history of Article 16 and its subsequent relevant provisions and reservations. Additionally, the article influenced the question of refugee status determination since it may provide certain remedies for asylum seekers against negative status decisions.Human rights
Lawfulness of processing
Authors: Tzanou Maria 
Published: June 2024

Abstract
This chapter examines Article 8 of the EU Law Enforcement Directive (LED). The principle of ‘lawful processing’ under Article 8 LED requires that every processing under the Directive must have a legal basis and must be necessary for the performance of a task carried out by a competent authority for the purposes of the prevention, investigation, detection, or prosecution of criminal offences or the execution of criminal penalties, as well as the safeguarding against and the prevention of threats to public security. The lawfulness of processing serves other values such as transparency and accountability, and ensures that individuals can exercise their data subject and redress rights. Lawfulness of processing is also important to ascertain and enforce the principle of purpose limitation. For this reason, Article 8(2) LED requires that Member State law regulating processing within the scope of the LED should specify ‘at least the objectives of processing, the personal data to be processed and the purposes of the processing’.
Specific processing conditions
Authors: Tzanou Maria 
Published: June 2024

Abstract
This chapter evaluates Article 9 of the EU Law Enforcement Directive (LED), which contains a number of different provisions. The first two paragraphs of Article 9 LED constitute a manifestation of the purpose limitation principle. It provides that personal data collected by competent authorities for the purposes set out in the LED should not be processed for other purposes unless such processing is authorised by EU or Member State law. Article 9 LED also stipulates that the General Data Protection Regulation (GDPR) applies where competent authorities are entrusted with the performance of tasks other than those performed for the purposes of the LED, including for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes. Moreover, Article 9 LED requires that where specific conditions for processing are applicable to personal data, the transmitting competent authority should inform the recipient of those conditions and the requirement to comply with them.
Communication and modalities for exercising the rights of the data subject
Authors: Fuster Gloria González 
Published: June 2024

Abstract
This chapter assesses Article 12 of the EU Law Enforcement Directive (LED), which opens Chapter III LED, devoted to the ‘Rights of the data subject’. Data subject rights are a key component of European data protection law. The overall objective of Article 12 LED is to strengthen the rights of data subjects, by clarifying the modalities applying to their exercise and formal requirements for communicating with data subjects. It obliges Member States to impose on data controllers an obligation to facilitate the exercise of data subject rights, as well as an obligation to take reasonable steps to communicate in a clear manner. Article 12 LED also establishes the principle according to which the exercise of data subject rights must be free of charge. It provides, however, for exceptions to this general rule, as well as to the obligation to act upon data subjects’ requests, if the requests are manifestly unfounded or excessive. Finally, Article 12 LED establishes that data controllers can in some cases request additional information from data subjects for identification purposes.
Rights of the data subject in criminal investigations and proceedings
Authors: Franssen Vanessa , Corhay Marine 
Published: June 2024

Abstract
This chapter examines Article 18 of the EU Law Enforcement Directive (LED). Article 18 LED allows Member States to apply national law when data subjects exercise their rights of information, access, rectification or erasure, and restriction of processing of personal data contained in a judicial decision or record or case file that are processed in the course of criminal investigations and proceedings. While the balance between the right to the protection of personal data and specific criminal justice needs is struck at EU level in the case of Article 17 LED, Article 18 LED expressly refers to national law. In doing so, Article 18 LED also demonstrates the reluctance of Member States to approximate the way in which criminal investigations are organised. Article 18 LED thus emphasises Member States’ sovereignty in the field of police and judicial cooperation.
Obligations of the controller
Authors: Zerdick Thomas 
Published: June 2024

Abstract
This chapter details Article 19 of the EU Law Enforcement Directive (LED), which establishes the requirement for Member States to implement in national legislation a general accountability obligation for the controller. The wording of Article 19 LED demonstrates the will of the legislators to compel the controller not simply to comply with the obligations resulting from the LED but to go further, namely, to take proactive actions as well as ‘to be able to demonstrate’ that the processing is lawfully performed. This principle strengthens the role of the data controller and increases its responsibility. This data protection principle is referred to as the ‘principle of accountability’. Article 19 LED was aligned with the wording of Article 24 of the General Data Protection Regulation (GDPR). Accordingly, where the provisions of the LED follow the same principles as the provisions of the GDPR, those two sets of provisions should be interpreted homogeneously.
Prior consultation of the supervisory authority
Authors: Hansen Marit 
Published: June 2024

Abstract
This chapter discusses Article 28 LED, which describes the conditions for and the procedure of the prior consultation that has to be performed by the supervisory authority to assess the compliance of the processing. It reviews the types of prior consultation that are characterised by an ex-ante check of compliance and risk control. The first type of prior consultation addresses the compliance of a processing planned by a controller, while the second type of prior consultation focuses on legislative or regulatory measures related to processing of personal data. The chapter cites Article 28(2) LED that demands the supervisory authority to be consulted in general during the preparation of any legislative proposal related to processing. Article 28 LED is meant to stress the cooperative and self-paced approach to involve the competent supervisory authority in its double role of being an expert on the matter.
General conditions for the members of the supervisory authority
Authors: Hijmans Hielke , van Brakel Rosamunde 
Published: June 2024

Abstract
This chapter discusses the general conditions for the members of the supervisory authority as per Article 43 of the EU Law Enforcement Directive (LED). It provides an overview of the legal background of Article 43 LED and the provision's interplay with the supervisory authority. Article 43 LED is considered a provision that safeguards the independent status of supervisory authorities by specifying the conditions for the members of the authority. Moreover, under a broader context, the provision can be viewed as a means of implementing the requirements for independence of supervisory authorities stemming from the Court of Justice of the European Union (CJEU) case law. Additionally, Article 43 LED aims at reconciling the Member States’ institutional autonomy concerning the establishment, organisation, and structure of supervisory authorities.
Rules on the establishment of the supervisory authority
Authors: Hijmans Hielke , van Brakel Rosamunde 
Published: June 2024

Abstract
This chapter details the rules on the establishment of the supervisory authority according to Article 44 of the EU Law Enforcement Directive (LED). It discusses the legal background and analysis of the provision. Similar to LED's Article 43, the article can be viewed as a safeguard to guarantee the independence of supervisory authorities, which originates from the case law of the Court of Justice of the European Union (CJEU) and Treaty provisions. Article 44(1) LED highlights that supervisory authorities play a role in facilitating the free flow of personal data. Meanwhile, Article 44(2) LED revolves around the professional secrecy of the supervisory authority and its members.
Good and Bad Diplomacy
Authors: Roberts Ivor , MacMillan Margaret 
Published: June 2024

Abstract
This chapter explores the distinction between good and bad diplomacy. Diplomacy succeeds under certain conditions such as clear and realistic goals, both parties' wants, and trust. However, diplomacy fails as a result of impossible demands, lack of political will, and neglect of diplomats and their superiors of preparation. The chapter looks into the Great War, which features the assassination of Archduke Franz Ferdinand to Britain’s declaration of war, as a reference to the most egregious example of failed diplomacy. It then details how diplomacy operated in the cases of Berlin's Cuban missile crisis, former Yugoslavia's descent into war, and the Good Friday Agreement concerning Northern Ireland.
Introduction to International Law
Authors: Wilmshurst Elizabeth 
Published: June 2024

Abstract
This chapter introduces the relevance, nature, sources, and content of international law. It explains that international law is an essential part of the content and conduct of international relations since relationships among States are established by agreements binding in international law. Moreover, international law may be defined as the law governing relations between States, and between States and international organizations. The chapter then looks into the sources of international law as per the Statute of the International Court of Justice. Some of the major areas within international law are broadly categorized with matters concerning subjects of international law, state sovereignty, jurisdiction, non-intervention, sea and maritime zones, and international economic relations.