bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Schulz Patricia , Halperin-Kaddari Ruth , Rudolf Beate 
Published: November 2022

Abstract
This introductory chapter provides an overview of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which remains a key international human rights instrument more than forty years after its entry into force. The Convention’s scope is wide, requiring States parties to address how the enjoyment of recognized human rights is adversely affected by gender-based distinctions, exclusions, and stereotypes. The chapter then outlines the Convention’s adoption, structure, and key concepts. It summarizes the most significant issues of Convention application and interpretation and the ways in which the CEDAW Committee has sought to ensure the Convention’s continuing relevance for women around the world and the developments brought by interpretation. The chapter also looks at the principles of general international law which affect interpretation and implementation of the Convention. It also describes the present-day fundamental challenges for women’s human rights.
Preamble
Authors: Chinkin Christine , Rudolf Beate 
Published: November 2022

Abstract
This chapter discusses the Preamble to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which introduces the subject matter of the treaty, explains its background and foreshadows its articles, and indicates the context and object and purpose of the treaty. The Convention Preamble also locates the Convention within international human rights law, in particular the prohibition of discrimination on the basis of sex, and within the wider international political and legal scene of 1979. It draws the link between rights and economic development of women and also of society. The Preamble is not an operative part of the treaty and thus does not directly create binding legal obligations. However, it is an integral part of the treaty and contextually significant for the purpose of interpretation under the Vienna Convention on the Law of Treaties (VCLT) Article 31. Article 31(2) provides that for the purpose of interpretation, the treaty shall include its preamble. Ultimately, the CEDAW Committee has only rarely cited the Preamble in its interpretation and application of the Convention.
Article 2
Authors: Byrnes Andrew , Campbell Meghan 
Published: November 2022

Abstract
This chapter evaluates Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which has been described by the Committee as ‘the very essence of the Convention’ and ‘crucial to its full implementation’. Indeed, Article 2 is a fundamental and overarching provision of the Convention that, together with Article 1, ensures that the obligations assumed by States parties under the treaty go well beyond the specific areas set out in its articles to include new issues, unseen or unknown at the time of its elaboration. Article 2 is crucial in enabling the Convention to remain a living and dynamic instrument that is responsive to women’s experience of discrimination and inequality. It forms the core of the State’s obligation to adopt legal, non-legal, innovative, and wide-ranging measures to eliminate discrimination against women. The Committee has interpreted this broad provision expansively and in accordance with its terms to guarantee that States parties are under obligations to ensure the elimination of discrimination in law and practice, whether by public bodies or private actors and across all fields of life.
Article 9
Authors: Sarugaser-Hug Sulini 
Published: November 2022

Abstract
This chapter illustrates Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 9 sets out the guarantee of women’s agency in nationality determination processes (acquisition, change, and retention), particularly targeting the situation of married women and ensuring non-discrimination in transmission of women’s nationality to their children. The objective of the provision is to guarantee women’s unfettered exercise of all rights guaranteed by the State party to its citizens and to prevent women and their children from being without any legal identity and rendered stateless as a result of gender-discriminatory nationality laws, policies, and practices. However, women’s rights to equality in nationality remain under threat by States parties’ actions to revoke nationality as a measure of retribution for women’s civic engagement. The CEDAW Committee has condoned depriving any woman of citizenship and, in particular, where citizenship may be revoked on grounds of engagement in a group, a party, or an organization that adopts principles or doctrines which can be interpreted to harm national interests.
Article 11
Authors: Raday Frances , Oksenberg Shai 
Published: November 2022

Abstract
This chapter reviews Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 11 comprehensively addresses the obligation of States parties to eliminate discrimination against women in employment and occupation. The CEDAW Committee has produced valuable principles for implementation of Article 11 through its monitoring role as expressed in its concluding observations. It has firmly centred women’s right to formal, substantive, and transformative equality at the core of employment and welfare policy in international human rights law and development. However, this topic has not yet been the subject of a specific general recommendation by the Committee, although a number of its general recommendations have been relevant to women’s working lives, as analysed in the chapter. While Article 11 has almost all the elements to bring about the realization of women’s economic equality in the world of work and social security, none of its equality standards have yet been adequately fulfilled by States parties.
Violence against Women
Authors: Chinkin Christine , Gormley Lisa 
Published: November 2022

Abstract
This chapter explains that there is no provision in either the Declaration (DEDAW) or Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) that explicitly addresses violence against women. Instead, States parties’ obligations with respect to the elimination of violence against women have been developed by a number of international institutional initiatives in which the CEDAW Committee has played a key role, as identified in the chapter. By requiring a holistic approach to the different manifestations of violence against women, identifying violence as discrimination against women, and thereby adopting a rights-based approach, General Recommendation No 19 on Violence against Women in 1992 was the instrument that brought violence against women unequivocally into the domain of international human rights law. In 2017, drawing upon its twenty-five years of experience of understanding violence against women as a form of discrimination, as expressed through several rounds of States’ initial and subsequent periodic reporting and more than fifteen years of individual petitions and inquiry procedures under the Optional Protocol to the Convention, the Committee updated General Recommendation No 19 in its General Recommendation No 35. This took account of both subsequent normative developments and social changes and provides States with ‘further guidance aimed at accelerating the elimination of gender-based violence against women’.
Optional Protocol
Authors: Campbell Meghan , Connors Jane 
Published: November 2022

Abstract
This chapter explores the Optional Protocol (OP) to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which was adopted by consensus by the UN General Assembly (UNGA) on 6 October 1999. As of 31 December 2021, 114 States from all regions of the world were party to the Protocol, thereby enabling individuals or groups of individuals claiming to be victims of violations of the Convention by those States parties to complain of the alleged violations to the CEDAW Committee. The OP also invests the Committee with competence to conduct an inquiry into reliable allegations of grave or systematic violations of the rights in the Convention in States parties. It allows States parties to opt out of this procedure, and four have chosen to do so. The chapter then surveys the background of the OP and provides commentary on each provision, highlighting its interpretation by the Committee. It systematically analyses the jurisprudence of the CEDAW Committee as laid down in its numerous decisions and views in individual communications as well as reports on inquiries.
Arbitration: the Art & Science of Persuasion
Authors: Vinson Donald , Reichert Klaus 
Published: November 2022

Abstract
Successful advocacy in arbitration relies upon the lawyer’s ability to persuade a group of decision makers to the merits of the client’s case. Successful persuasion communicates the expression of feelings, thoughts, and interpretations of events, facts, and the role of the participants engaged in these events. It depends on the capabilities of those attempting to persuade and characteristics of the audience that will facilitate or frustrate the persuasion effort. An understanding of these audience characteristics resides within the domain of the behavioural sciences. Over the last thirty-five years, trial lawyers in the United States have placed increased reliance on pretrial jury research in the development of their cases, and this is now equally the case in US arbitration. This book draws upon personal experiences and insights where the applications of the behavioural sciences have practical implications to persuasion in the context of international arbitration. The target of persuasion in an arbitration is, of course, the arbitrator or the tribunal. However, this book is as much about lawyers who present cases as it is about arbitrators who decide them. The book’s focus is to provide practitioners with insights and applications of the behavioural sciences that can assist in the development of the skills associated with successful arbitration. Many of the important elements of the psychology of persuasion are explained, accompanied by suggestions or examples of how the information can be effectively used. The book is a practical treatment of ideas and techniques of persuasion that lawyers can employ to enhance their advocacy skills.
Persuasion in International Arbitration
Authors: Vinson Donald E , Reichert Klaus 
Published: November 2022

Abstract
This chapter looks into persuasion in international arbitration. Persuasion involves the presentation of facts, arguments, and information in an effort to change another person’s attitudes. Thus, arbitrator persuasion depends on the lawyer’s ability to conceive, craft, and articulate messages to reach an agreement. A sophisticated insight into the complexities of human psychology goes hand in hand with a sound instinct, good judgement, and well-developed oratory skills. Behavioural science concepts and methodologies are useful to arbitration lawyers in an effort to develop persuasive communication strategies. Moreover, the chapter also tackles how technology like artificial intelligence could aid predictions and human judgement.
The Key to Persuasion
Authors: Vinson Donald E , Reichert Klaus 
Published: November 2022

Abstract
This chapter focuses on the attitude and beliefs of arbitrators. Contrary to popular belief, arbitrators do not necessarily sift through factual information through inductive thinking. Numerous people make an immediate judgement before seeking support on their argument from accessible information. Thus, arbitrators bring cognitive structures into the arbitral process as it screens out information believed to be inconsistent with previous knowledge. The chapter explains how attitudes showcased an individual’s convictions as it plays a central role in evaluating alternatives and making decisions. On the other hand, belief systems consist of attitudes and values defining how a person understands the world.
Communication and Techniques of Persuasion
Authors: Vinson Donald E , Reichert Klaus 
Published: November 2022

Abstract
This chapter covers the techniques of persuasion and communication. It also highlights how the psychology of communication played an important role in the development of the arbitration strategy. Persuasive communication aims to influence attitudes and beliefs. The credibility and likability of the speakers are vital variables under the persuasiveness of a message. Thus, despite relevant and persuasive evidence, witness testimony could be undermined if the speaker is known to have low personal credibility. The chapter provides strategies to improve speakers’ credibility, persuasiveness, and use of emotional messages. According to research, rhetorical questions and repetition could help arouse and recapture attention during an arbitral hearing.
Learning and the Attribution of Innocence or Blame
Authors: Vinson Donald E , Reichert Klaus 
Published: November 2022

Abstract
This chapter explores the concept of learning and the attribution of innocence or blame. It also correlates the learning processes to arbitrator decision-making. Learning refers to one of the fundamental processes of human behaviour that involved oral hearing and arbitration. Moreover, learning is divided into two general categories: involuntary learning and voluntary learning. Involuntary learning is more often known as classical conditioning, while voluntary learning is closely linked to operant conditioning. The chapter notes that active participation in the learning process does improve the speed and amount of learning. It explores the attribution theory wherein personal characteristics tend to be overemphasized while ignoring situational factors.
Tribunal Formation Strategy
Authors: Vinson Donald E , Reichert Klaus 
Published: November 2022

Abstract
This chapter centres on the tribunal formation strategy wherein decisions usually involve counsel’s subjective evaluations or prior knowledge with possible candidates. Moreover, numerous theoretical behavioural science concepts can be useful in formulating counsel’s judgements. Tribunal formation decisions represent the lawyer’s predictions as to how the panel will achieve their final decision. The primary approach in arbitrator selection mostly involves the lawyer’s hunches or prior experience in choosing the people to avoid or involve in a particular case. Stereotypes on human behaviour tend to be the basis behind the decisions. Psychological and sociological characteristics are also considered in terms of arbitrator selection.
Encounters with the Arbitrators
Authors: Vinson Donald E , Reichert Klaus 
Published: November 2022

Abstract
This chapter looks into the encounters with the arbitrators. According to social psychologists, the primacy effect refers to the tendency to rely on the information first given. However, the evaluations of lawyers and witnesses could be influenced by the initial impression and expectations that would eventually result in the halo effect, which is the influence of a global positive of a person’s perceptions. The chapter discusses the structure of the written arbitration, which involves the memorials of the claimant and respondent. International arbitration presents a unique circumstance so first impressions, written phase, and document production are vital to keeping the counsel’s constant awareness of the tribunal.
Cross-examination and Closing Arguments
Authors: Vinson Donald E , Reichert Klaus 
Published: November 2022

Abstract
This chapter elaborates on the process of cross-examination and closing arguments. Most often than not, international arbitration laws call all of the opposing witnesses to challenge and cross-examine the majority of their witness statements. Moreover, the tribunal will always examine the veracity, accuracy, reliability of witness statements under the criteria of weight, materiality, and relevance. One of the strategic oral hearing objectives is ensuring the credibility of witnesses such as their expertise. Additionally, lawyers are discouraged to call witnesses with irrelevant statements. The chapter highlights the significance of behavioural influences in the perception and decision of the counsel’s intended audience.
Visual Communication
Authors: Vinson Donald E , Reichert Klaus 
Published: November 2022

Abstract
This chapter looks into the communication strategies in arbitration. It lists the components of the communication model: source, recipient, channel, and feedback. Noise becomes the external factor interfering with the model’s function. On the other hand, the legal sector has adopted technology and visual presentation in the modern tribunal process. Computer-aided graphical design programs help recreate events or take the arbitral tribunal inside a microchip through the production of sophisticated computer animation. Moreover, a visual message must be simple and straightforward so the arbitrators would not tune out the given information. Verbal cues could also aid a witness testimony to establish reference for the visual aid.
Behavioural Research for Arbitration
Authors: Vinson Donald E , Reichert Klaus 
Published: November 2022

Abstract
This chapter focuses on the techniques conducted for studying arbitration. According to conventional wisdom, people are likely to be convinced if they have propositions with positive attitudes, opinions, or beliefs instead of negative ones. Sensitivity to human behaviour is involved in developing effective persuasion strategies. The chapter also differentiates the roles between arbitrators and jurors. Behavioural research has been conducted to develop and further persuasive strategies. Moreover, consultants and research experts could assist in the research as most lawyers are not trained in social sciences or research methods. Arbitration studies usually involve issues analysis, assessment of decision makers, strategy testing, witness evaluation, damage analysis, visual communication testing, and simulation.
The Rule of Proportionality
Authors: Bellal Annyssa , Casey-Maslen Stuart 
Published: November 2022

Abstract
This chapter expounds on the rule of proportionality as indicated in the two 1977 Additional Protocols and customary law. It recognises the inevitable suffering of civilians when hostilities are raging. By the virtue of the proportionality rule that remains in effect regardless of international or non-international conflict, all parties to armed conflict are prohibited from launching attacks expected to cause excessive civilian harm. The chapter then considers the treaty rule in relation to the customary international humanitarian law (IHL) and international criminal law. It also explores the treaty rules of proportionality in attack under general international law. Intentionally launching a disproportionate attack is considered to be simultaneously a violation of the IHL and a war crime.
The Role of the International Committee of the Red Cross
Authors: Bellal Annyssa , Casey-Maslen Stuart 
Published: November 2022

Abstract
This chapter highlights the role of the International Committee of the Red Cross (ICRC). It notes how the ICRC safeguarded its role as the impetus and critical supporter of new international humanitarian law (IHL) treaties and norms by acting as the driving force that led to the first Geneva Convention. The ICRC’s initial vocation revolved around the wounded and sick in the field before changing when the National Societies of countries in conflict asked for assistance and relief work, believing that humanitarian work proffered guarantees of neutrality and independence. The chapter also recognises the ICRC’s role as the guardian of IHL, but the organisation has been caught between its conflicting goals of protecting victims and implementing IHL. It explains that ICRC’s core mission continues to weaken due to the increasing attacks of different natures.
Introduction
Authors: Blackaby Nigel , Partasides Constantine , Redfern Alan 
Published: November 2022

Abstract
This chapter introduces the concept of international arbitration. As investments, trade, and commerce continue to expand internationally, agreements across national frontiers are significant to the business and commercial life. Nation states recognised the increased importance of international arbitration on international investment, business, and commerce. Thus, international arbitration is tasked to give equal consideration to the claims and defences of the parties and decide on disputes applicable to legal frameworks. Often, countries adopt the UNCITRAL Model Law to reassure investors and attract potentially profitable business. Specialist areas continue to grow in line with the success of international arbitration as a method of neutral international dispute resolution.
Agreement to Arbitrate
Authors: Blackaby Nigel , Partasides Constantine , Redfern Alan 
Published: November 2022

Abstract
This chapter expounds on how the arbitration agreement became the foundation of international arbitration. The arbitration clause and submission agreement are known to be the basic types of arbitration agreement. The other convention on arbitration is the establishment of requirements for a valid international arbitration agreement and indicating the parameters of an agreement. The chapter tackles the validity of an arbitration agreement, including its arbitrability and confidentiality. Moreover, capacity, party consent, and agent conclusions are some of the features of parties to an arbitration agreement, while the defects found in arbitration revolve around inconsistency, uncertainty, and inoperability.
Arbitration Under Investment Treaties
Authors: Blackaby Nigel , Partasides Constantine , Redfern Alan 
Published: November 2022

Abstract
This chapter looks into arbitrations under investment treaties. During the 19th century, European powers tended to utilise a form of gunboat diplomacy to achieve compensation or protection. Numerous treaties of friendship, commerce, and navigation (FCN treaties) adopted the doctrine of non-intervention with exceptions for justice denial or delay. In investment treaties, the International Centre for Settlement of Investment Disputes (ICSID) facilitates the conclusion of arbitration provisions involving individuals asserting rights directly against states. The chapter lists the existence of an applicable treaty, protected investors, and protected investments as some of the jurisdictional issues vindicating the legal rights of investment treaties.
Scope of the EIR
Authors: Bork Reinhard 
Published: November 2022

Abstract
This chapter expounds on the application of the European Insolvency Regulation (EIR) which is marked by notable deference to the characterisation of particular insolvency situations used by the individual Member States. The scope of the EIR is determined by circumstances, geographical limitations and the involved parties. The chapter explores the personal scope, material scope, and territorial scope of the EIR and its respective issues. Policy disputes persist concerning the boundaries of the EIR’s personal scope, while practitioners are limited in terms of relevance for issues. Moreover, state legal systems have a range of categorising debtors such as natural persons, legal persons, traders, consumers, and bodies governed by private or public law.