bluuebunny/crossref_metadata_2025 huggingface dataset:
Conditions, Warranties, and Indemnities
Authors: McMeel Gerard
Published: January 2018

This chapter examines contractual provisions on conditions, warranties, and indemnities. It first characterizes conditions, their varieties, as well as the nature of discharge or termination associated with conditions. Next, the chapter turns to warranties. After a brief introduction to the subject, the chapter focuses more specifically on case examples of warranties in business acquisition contracts. In English law of contract, conditions and warranties have myriad meanings in the field, with multiple contexts and distinctions which this chapter explores in more depth. Finally, the chapter discusses indemnities and the construction of indemnity clauses. An indemnity clause usually provides that if one party (‘the indemnified party’) incurs a liability to a third party to the contract as a result of the performance of the contract, they shall be entitled to be indemnified by the other party (‘the indemnifier’) against that liability.
Modification of Remedies
Authors: McMeel Gerard
Published: January 2018

This chapter considers express termination clauses in detail, and briefly considers retention of title clauses and clauses restricting set-off. As a matter of general principle, parties are free to incorporate their own express regimes for termination of the contract; such clauses are common in contracts of any significant duration. The chapter presents an overview of the process and examines the issues which might arise from express termination clauses. With the retention of title clauses (or Romalpa clauses), the chapter focuses on issues of construction and characterization to address the numerous problems of such clauses. Finally, the chapter considers the law of set-off, which provides the regime for determining whether a cross-claim may be advanced in the same proceedings to reduce, extinguish, or even exceed the claimant's prima facie claim.
5 Unilateral Modification of Sovereign Domestic-Law Bonds
Authors: Hayk Kupelyants
Published: January 2018

Chapter 5 addresses whether the State may modify domestic-law governed bonds in a unilateral fashion by passing an Act of Parliament. Contrary to the common belief, the chapter claims that English courts will, or at least should, deny recognition to unilateral modifications of domestic-law obligations so long as they conflict with English public policy. The chapter makes a reservation for certain types of unilateral modification (e.g. moratorium on payment) which are not so objectionable a modification as to trigger the exception of public policy.
The General Assembly
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The UN General Assembly may be described as the world’s leading forum for political discussion. It currently has 193 member states—nearly four times its original membership of 51. In 2005, the General Assembly established an Ad Hoc Working Group on the Revitalization of the General Assembly and has re-established the group annually. A major preoccupation of the Working Group appears to be relations between the General Assembly and the Security Council, including a concern that the latter organ has encroached on the work of the former. This chapter discusses the General Assembly’s membership, voting, and procedure; meetings, regular, and special sessions; subordinate organs; voting; the role of the President; functions; limitations; and Article 11(2) of the UN Charter.
The Security Council
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The Security Council is unique among the principal organs of the UN in two important ways: member states agree to accept and carry out the decisions it takes in accordance with the UN Charter, and member states have conferred upon it primary responsibility for the maintenance of peace and security. It is also the most influential of the UN principal organs. Since the end of the Cold War the productiveness of the Security Council has increased dramatically. In the 1990s, it adopted an average of 64 resolutions a year. In 2016, it adopted 76 resolutions. This chapter discusses the Security Council’s membership, procedure, meetings, non-members, non-state entities, voting, presidency, and functions (oversight and peace and security).
The Economic and Social Council
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The Economic and Social Council (ECOSOC) is one of the UN’s six principal organs. More than any other principal organ, it has been the object of relentless criticism and attempts at reform. Among the impediments to its successful functioning have been its size (considered by some to be too large and by others not to be large enough); its ambiguous relationship with the General Assembly (including an overlapping of subject areas); and the fact that, as regards its activities in relation to economics, it operates in the shadow of the powerful institutions created at Bretton Woods and certain aspects of its social activities are dealt with by other international organizations or specialized agencies. This chapter discusses the ECOSOC’s membership, procedure, and voting; functions; meetings and programme of work; relationships with the other principal organs; areas of competence; and reform.
Subsidiary Organs
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

This chapter discusses the UN’s subsidiary organs. Chapter III of the UN Charter identifies the six ‘principal organs’ of the UN and authorizes the establishment of ‘[s]uch subsidiary organs as may be found necessary’. Two elements are essential to an entity working as a UN subsidiary organ: (i) it must be created by, or under the authority of, a principal organ of the UN; and (ii) it must possess a level of independence from the principal organ by which it was created, or under whose authority it acts. The chapter covers the essential characteristics of a subsidiary organ; powers to establish subsidiary organs; the legal status of subsidiary organs; powers of subsidiary organs; the nature of the functioning of subsidiary organs; joint subsidiary organs; subsidiary organs functioning in a dual capacity; subsidiary organs and treaty bodies; subsidiary organs of the General Assembly; and subsidiary organs of the Security Council.
Membership
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The Charter of the United Nations provides for two different means by which it is possible to become a member of the organization. Article 3 of the UN Charter relates to original members of the organization, while other members may be admitted under Article 4 of the UN Charter. The main distinction between original members and other members is that the organization is able to exercise control over whether the latter become members but had no control over the admission to membership of original members. This chapter discusses the admission to membership process; loss of membership and membership rights; readmission to membership; state succession and membership; problems of extinction and continuity; representation of members/credentials; and the position of observers.
The United Nations Secretariat and Secretary-General
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The Secretariat is one of the six principal organs of the United Nations (UN). The Secretariat is composed of the Secretary-General and staff, in accordance with Article 97 of the UN Charter. The Secretary-General is the head of the Secretariat and responsible for appointing the staff. He/she is also the ‘chief administrative officer of the organization’, which encompasses responsibilities beyond the organ of the Secretariat. This chapter discusses structure and functions of the Secretariat; efforts to reform the Secretariat; the Secretariat’s role in the common system; conditions of service; duration of appointment; remuneration and pensions; personal conduct and disciplinary measures; safety and security, and staff representative bodies; the Secretary-General’s appointment; term of office re-election, administrative functions, legal functions, representational functions, and political functions; and the Deputy Secretary-General.
Democratic Governance
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

Democratic principles are ‘woven throughout the normative fabric of the United Nations’ (UN); and are grounded in the UN Charter, despite the fact that the word ‘democracy’ cannot be found in the Charter. One of the purposes of the UN is the development of friendly relations among nations ‘based on respect for the principle of equal rights and self-determination of peoples’. Democratic governance is also based on individual rights in international human rights law. This chapter discusses the underpinnings of democratic governance; areas of UN assistance; political pluralism; electoral assistance; strengthening and building institutions; civic education; civil society; free and independent media; promoting the rule of law; and protection and promotion of human rights.
Disaster Relief
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

This chapter begins by discussing the notion of disaster relief. Disaster relief is the relief provided by entities following a disaster, for present purposes, by actors outside the state affected by the disaster. As with the notion of a disaster, different instruments take different approaches to the content of disaster relief. The international law of disaster relief exists as a patchwork of norms. There are a few multilateral conventions in the area, which regulate the response to specific types of disasters, or to particular aspects of disasters. Other conventions of more general applicability also contain provisions that concern disaster relief. The remainder of the chapter covers the historical provision of disaster relief; the role of the United Nations (UN) in the creation of international law relating to disaster relief; and the provision of disaster relief, including coordination, cooperation, legal standards, funding, and reporting.
Peaceful Settlement of Disputes
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

One of the purposes of the United Nations (UN) is ‘to bring about by peaceful means and, in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations that might lead to a breach of the peace’. Chapter VI of the UN Charter is devoted to the peaceful settlement of disputes, and specifies the roles of various UN organs and the means by which the parties to any dispute may seek a solution. These Charter provisions have been reaffirmed and elaborated upon in a number of resolutions of the General Assembly. This chapter discusses the principle of peaceful settlement of disputes; procedures envisaged in the UN Charter; and means of settlement.
The International Court of Justice
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

This chapter begins by discussing the International Court of Justice (ICJ) as a principal organ of the UN. The ICJ is the only UN principal organ that has its seat in The Hague. It consists of a Bench, a Registry, and a modest but important staff. All judges, who have to be able to work in French or English, are expected to sit on one of the Court’s two major committees, the Rules Committee, and the Budgetary and Administrative Committee. The chapter covers the Bench of the ICJ, the Court’s functions, the ICJ as distinct from other principal organs; ICJ financing and the UN; the ICJ and other courts and tribunals; methods of work of the ICJ; and ICJ efficiency.
United Nations Compensation Commission
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James
Published: January 2018

The United Nations Compensation Commission (UNCC), along with the United Nations Compensation Fund, was established by Security Council Resolution 692 (1991), acting under Chapter VII of the UN Charter. The UNCC is a very particular institution, one designed specifically to meet the realities of the situation arising out of Iraq’s invasion and occupation of Kuwait. As the Security Council had already determined Iraq’s liability, the role of the Commission related primarily to the verification of claims and making assessments as to compensation. This chapter discusses the UNCC’s establishment; its structure; categories of claims, all resulting from Iraq’s invasion and occupation of Kuwait from 2 August 1990 to 2 March 1991; payment to the Fund; and payment of claims.
Public Enforcement of the Market Abuse Regulation
Authors: Cools Sofie
Published: January 2018

This chapter discusses the MAR’s approach to public enforcement. It first describes the historical evolution of public enforcement of market abuse and securities regulation in general. The Market Abuse Regulation (MAR) is notably the first EU legislative initiative with an encompassing approach to enforcement following the watershed 2007–2008 financial crisis. The chapter sketches the innovations of the MAR relating to public enforcement. It deals with the enhanced powers of the competent authorities, the closer involvement of market actors, and the improved cooperation between authorities. Finally, the chapter makes an economic assessment of the effectiveness of the new enforcement regime and its impact at the micro and macro level.
Private Enforcement of the Market Abuse Regulation in European Law
Authors: Busch Danny
Published: January 2018

This chapter discusses the role of the Market Abuse Regulation in private law. An infringement of the MAR has an important effect on the private law relations between the infringer and the investing public. As regulatory provisions of this nature are classified as public law, any failure to comply with the MAR will also affect the infringer’s relationship with the competent financial supervisor. In other words, the relevant financial supervisor can enforce these provisions under administrative law in the event of an infringement. This is essentially no different from the situation under of the Market Abuse Regulation’s predecessor—the (former) Market Abuse Directive (2003/6/EC), as implemented in the various national legal systems.
Cheshire, North & Fawcett: Private International Law
Authors: Grušić Uglješa , Heinze Christian , Merrett Louise , Mills Alex , Otero García-Castrillón Carmen , Tang Zheng Sophia , Trimmings Katarina , Walker Lara
Published: January 2018

The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law. The book provides comprehensive and accessible coverage of the basic principles of private international law. It offers a rigorous academic examination of the subject and also a practical guide to the complex subject of private international law. Written by academics who previously worked as solicitors, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession, and trusts.
Definition, Nature and Scope of Private International Law
Authors: Torremans Paul
Published: January 2018

This chapter provides an overview of the definition, nature, and scope of private international law. It first considers the space and time dimensions of private international law as well as three questions with which private international law is always concerned, namely: jurisdiction of the English court, recognition and enforcement of foreign judgments, and the choice of law. It then explains the meaning of foreign law and the international variety of private international law rules before discussing two possible ways in which the lack of unanimity among the various systems of private international law may be ameliorated: unification of internal laws and unification of the rules of private international law. In particular, it examines the Europeanisation of private international law and the impact of European Convention on Human Rights on private international law. Finally, it addresses the issue of the name or title of the subject in private international law.
The Incidental Question
Authors: Torremans Paul
Published: January 2018

This chapter examines the issue of incidental question from a choice of law perspective. A case involving private international law may place a subsidiary issue, as well as a main question, before the court. The main issue should, under the English rules of private international law, be governed by a foreign law. This chapter first explains what an incidental question is before discussing its essential elements. It then considers two cases that illustrate the way in which an incidental question arises: Lawrence v Lawrence in England and Schwebel v Ungar in Canada. It also proposes a coherent and predictable approach for dealing with the incidental question and concludes with an overview of a problem related to that of the incidental question — dépeçage or ‘picking and choosing’.
Renvoi
Authors: Torremans Paul
Published: January 2018

This chapter examines the doctrine of renvoi in relation to private international law. It first explains the problem associated with the doctrine of renvoi before discussing three possible solutions: applying the internal rules of ‘the law of the country’ only; applying the doctrine of single renvoi; or applying the doctrine of total renvoi. It then considers three objections to the doctrine. First, the total renvoi doctrine does not necessarily ensure uniform decisions. Second, the total renvoi doctrine signifies the virtual capitulation of the English rules for choice of law. Third, the total renvoi doctrine is difficult to apply. The chapter also analyses some decisions supporting the doctrine of total renvoi and concludes with a review of the scope of the application of renvoi by looking at cases where it is inapplicable and issues to which it may apply.
Substance and Procedure
Authors: Torremans Paul
Published: January 2018

This chapter examines the substance and procedure of private international law. It first explains the distinction between substance and procedure, noting that all matters appertaining to procedure are governed exclusively by the law of the forum, along with the importance of the distinction and how such distinction is to be made. It then considers a number of particular issues whose classification as substantive or procedural raises difficulties, namely: the time within which an action must be brought; evidence, taking into account evidence by means of request, direct taking of evidence by the requesting court, and presumptions and burden of proof; the identity of the parties to the action; priorities; the nature and extent of remedy; damages; judgments in foreign currency; and execution of judgments.
Exclusion of Foreign Law
Authors: Torremans Paul
Published: January 2018

This chapter examines issues surrounding the exclusion, or non-enforcement, of foreign law. There are circumstances when the law of the forum must be preferred to the foreign law that would normally be applicable to the case. An outstanding example of this is the civil law doctrine of ordre public under which any domestic rule designed to protect the public welfare must prevail over an inconsistent foreign rule. This chapter discusses four cases in which foreign law will not be enforced, either directly or indirectly, by English courts: foreign revenue, penal and other public laws; foreign expropriatory legislation; foreign laws repugnant to English public policy; and the mandatory rules of the forum. It also describes the effect of European private international law on the rule against the enforcement of foreign revenue, penal and other public laws in England.
Jurisdiction of the English Courts—An Introduction
Authors: Torremans Paul
Published: January 2018

This chapter provides an overview of issues relating to the jurisdiction of the English courts. It begins with a discussion of jurisdiction under the Brussels/Lugano system, focusing on four different sets of rules: the rules contained in the Brussels I Regulation as amended in the Brussels I Recast, the EC/Denmark Agreement, the Brussels Convention, and the Lugano Convention. It then considers jurisdiction under the rules contained in a modified version of the Brussels I Regulation, as well as jurisdiction under the traditional English rules (whether the English courts have power to hear the case; whether the court will decline jurisdiction or stay the proceedings. or restrain foreign proceedings; and whether there is a limitation upon the exercise of jurisdiction). The chapter also examines jurisdiction under the rules in the Hague Convention on Choice of Court Agreements 2005, ratified by the European Union on behalf of all the Member States.
Stays and the Management of Parallel Proceedings
Authors: Torremans Paul
Published: January 2018

This chapter explores the question of stays of proceedings and how the English courts deal with parallel proceedings. It first considers two related issues that arise from the frequent possibility that proceedings could be brought in England or in a foreign court: first, whether the English courts should exercise jurisdiction if a foreign court would be better placed to resolve the dispute and second, what should happen if proceedings are or might be commenced both in a foreign court and in the English courts. The chapter then examines stays of English proceedings under the common law and the issue of the anti-suit injunction before discussing parallel proceedings under the Brussels I Recast, focusing on lis pendens and related actions, as well as stays of proceedings under the Brussels I Recast. It also explains the discretion to restrain foreign proceedings under the Brussels I Recast.
Limitations on Jurisdiction
Authors: Torremans Paul
Published: January 2018

This chapter discusses the limitations of the English courts' jurisdiction under the traditional rules. It first considers three types of limitations: limitations that affect the subject matter of the issue, limitations that affect the kind of relief sought, and limitations relating to persons between whom the issue is joined. It also explains limitations on jurisdiction imposed by certain statutes before addressing jurisdiction in respect of foreign property such as foreign immovables and intellectual property rights. Furthermore, it describes jurisdiction over the parties, focusing on persons who cannot invoke the jurisdiction and those who may claim exemption from the jurisdiction. The chapter concludes with an overview of statutory limitations on jurisdiction.
Recognition and Enforcement of Foreign Judgments—The Traditional Rules
Authors: Torremans Paul
Published: January 2018

This chapter focuses on the recognition and enforcement of foreign judgments under the traditional rules. It begins with a discussion of the theory underlying recognition and enforcement, followed by an analysis of enforcement under the Brussels/Lugano system and family law. It then considers the principles on which the successful litigant may take advantage of a foreign judgment at common law, along with defences to recognition and enforcement of such judgments. It also examines direct enforcement of foreign judgments by statute such as the Civil Jurisdiction and Judgments Act 1982, Administration of Justice Act 1920, and the Hague Convention on Choice of Court Agreements 2005. Finally, it assesses the inter-relation of the common law rules of recognition and those provided by statute (other than the Civil Jurisdiction and Judgments Act 1982), especially in the fields of jurisdiction and defences, and the jurisdictional provisions of Brussels I Recast.
Recognition and Enforcement of Judgments Under the Brussels/Lugano System
Authors: Torremans Paul
Published: January 2018

This chapter discusses the recognition and enforcement of judgments under the Brussels/Lugano system. It first considers the rules on recognition and enforcement under the Brussels I Recast, including grounds and non-grounds for refusal of recognition and enforcement. It then examines recognition and enforcement under the EC/Denmark Agreement and the Brussels Convention, the circumstances that merit the application of the rules on recognition and enforcement under the Lugano Convention, and the differences between the Lugano Convention and the Brussels I Recast with respect to recognition and enforcement of judgments. It also reviews the relevant provisions of the European Enforcement Order Regulation, the European Order for Payment Procedure Regulation, and the European Small Claims Procedure Regulation.
Foreign Arbitral Awards
Authors: Torremans Paul
Published: January 2018

This chapter examines the various methods by which foreign arbitral awards are enforced in England. Like a foreign judgment, a foreign arbitral award may be enforced in England in a variety of ways. An action may be brought at common law to recover the sum awarded. Statutory provision is also made for the enforcement of foreign arbitral awards. The Limitation Act 1980 provides that an action to enforce an award ‘shall not be brought after the expiration of six years from the date on which the cause of action accrued’. This provision applies regardless of the method of enforcement. This chapter considers enforcement of foreign arbitral awards at common law and under the Civil Jurisdiction and Judgments Act 1982, the Arbitration Act 1950, the Arbitration Act 1996, the Administration of Justice Act 1920, the Foreign Judgments (Reciprocal Enforcement) Act 1933, and the Arbitration (International Investment Disputes) Act 1966.
Contracts
Authors: Torremans Paul
Published: January 2018

This chapter examines the applicable law for contracts. Domestic contract law consists of two very different sorts of rules: the traditional rules and the more modern rules. The concept of mandatory rules only deals with the second class of rules. This chapter first considers the nature of the problem of ascertaining the applicable law with respect to contracts and a number of different solutions that have been tried in different countries to address it. It then discusses the history and purpose of the Rome Convention, as well as its relevant provisions and those of the Contracts (Applicable Law) Act 1990. It also analyses the Rome I Regulation, the circumstances under which it applies, and how it deals with special contracts. Finally, it looks at the Rome I Regulation's relationship with other provisions of EU law and international conventions.
Marriage and Other Adult Relationships
Authors: Torremans Paul
Published: January 2018

This chapter examines the choice of law rules governing the formal validity of a marriage and those rules governing its essential validity or capacity to marry. It first considers the general rule governing the formalities of marriage as well as exceptions to the general rule before discussing the two main theories on the capacity to marry. It then looks at the reform of general rules on marriage, what law determines the nature of a marriage, the capacity to contract a polygamous marriage, and recognition of polygamous marriages in England. It also analyses the rules governing civil partnership and de facto cohabitation and concludes with an overview of special problems posed by polygamous marriages and same sex unions.
Children
Authors: Torremans Paul
Published: January 2018

This chapter examines private international law rules that govern orders concerning children, including orders determining with whom a child shall live or with whom he may have contact. It first considers the rules governing the jurisdiction of the English courts as regards parental responsibility matters, the choice of law rules applied, and the different provisions for the recognition and enforcement of parental responsibility and related orders made elsewhere. In particular, it discusses orders granted in another European Union Member State, except Denmark; orders granted in another Contracting State to the 1996 Hague Protection Convention; and orders granted in Scotland and Northern Ireland. It also analyses the relevant provisions of the Child Abduction and Custody Act 1985 and common law rules before concluding with an overview of other important developments including the 1996 Hague Convention and the Council of Europe Convention on Contact concerning Children.
Cross-border Surrogacy
Authors: Torremans Paul
Published: January 2018

This chapter examines issues surrounding the regulation of cross-border surrogacy. There is a complete void in the regulation of surrogacy arrangements at the international level, with no specific provisions designed to regulate this emerging area of international family law. In the absence of a global legislative response, highly complex legal problems arise. Among these problems, the key private international law issue is legal parenthood, along with nationality and immigration. This chapter first addresses the issue regarding legal parenthood as it relates to cross-border surrogacy before discussing the diversity in national approaches to surrogacy. It then analyses the UK approach to surrogacy, focusing on ‘section 54’ requirements of Human Fertilisation and Embryology Act 2008 and authorisation of payments to surrogate mothers that exceed the reasonable pregnancy-related expenses, and concludes with an overview of human rights considerations relating to cross-border surrogacy.
Mental Incapacity
Authors: Torremans Paul
Published: January 2018

This chapter examines mental incapacity as a special issue in private international law. Problems arise in cases where, for example, a mentally incapacitated person may be present in one country but habitually resident in another when measures of protection are needed; or this person may own property situated in a country different from his present location or habitual residence that needs to be dealt with. This chapter considers the jurisdiction of the English courts to order protective measures over a mentally disordered or incapacitated person or over his property, as well as the choice of law rules governing the protection of mentally incapacitated persons, prior to and under the Mental Capacity Act 2005. It also discusses the recognition and enforcement of protective measures taken abroad, along with cases outside the realm of the Mental Capacity Act.
The Transfer of Tangible Movables
Authors: Torremans Paul
Published: January 2018

This chapter examines the legal system governing the transfer of tangible movables, with particular emphasis on assignments inter vivos of isolated or individual movables such as gifts and mortgages. The transfer of tangible movables has been one of the most intractable topics in English private international law. A common, albet fallacious, assumption is that all problems must be referred to one single law. This chapter considers the various theories dealing with the question of transfers, including the law of the domicile, the law of the situs, the law of the place of acting, and the proper law of the transfer. It also discusses the modern law governing derivative claims, retention of title clauses, attachment of movables by creditors, goods in transit, gifts, and cultural property. Finally, it addresses the issue of human rights relating to transfers.
The Assignment of Intangible Movables
Authors: Torremans Paul
Published: January 2018

This chapter examines the choice of law rules governing the assignment of intangible movables. Intangible movables may be divided into rights of action and rights which are represented by some document or writing that is not only capable of delivery but in the modern commercial world is negotiated as a separate physical entity. A debt, arising from a loan or from an ordinary commercial contract, is an example of the first category. Negotiable instruments and shares are examples of the second category. This chapter first considers debts, and more specifically the situs of a debt, the various theories on the law applicable to assignments of debts, and the modern law governing the assignment of a debt. It then discusses negotiable instruments as well as shares and securities, comparing the traditional approach and the modern system for the holding and transfer of shares and securities.
Corporations
Authors: Torremans Paul
Published: January 2018

This chapter examines the legal system governing corporations in relation to private international law. It begins with a discussion of the domicile of a corporation, which is sometimes used as a connecting factor for corporations in private international law, even if the concept of domicile applies primarily to natural persons. An example of a statute that uses the concept of domicile for corporations is the Income and Corporation Taxes Act 1988. Whereas every natural person gets a domicile of origin upon birth, a corporation's domicile is linked to its incorporation. A corporation is therefore domiciled in the country under whose law it was incorporated. The chapter also considers jurisdictional issues relating to a corporation's residence, status and capacity, internal management, and winding up.
Insolvency
Authors: Torremans Paul
Published: January 2018

This chapter examines insolvency in the context of the European Union Regulation on insolvency proceedings (recast). The recast Regulation, which will apply to insolvency proceedings opened after 26 June 2017, deals with public collective insolvency proceedings. It distinguishes between main insolvency proceedings and secondary insolvency proceedings when it comes to international jurisdiction. This chapter begins with a discussion of the main insolvency proceedings jurisdiction and secondary insolvency proceedings jurisdiction, along with checks on jurisdiction and the extent of jurisdiction. It then considers the general choice of law rule contained in the Regulation, along with the recognition of insolvency proceedings. It also looks at issues arising from the insolvency of groups of companies and their members.
Administration of Estates
Authors: Torremans Paul
Published: January 2018

This chapter examines the legal regime governing the administration of estates. It begins with an overview of the difference between common law and civil law jurisdictions with respect to administration of estates, followed by a discussion of the Hague Convention on Administration of Estates and the EU Succession Regulation. It then considers the jurisdiction of the English courts regarding grants of administration, the rules governing separate wills, the situs of assets, persons to whom grant will be made, consular grant, and title of administrator under an English grant. It also analyses the choice of law governing the administration of estates and the status of administrators appointed by foreign courts before concluding with an assessment of foreign grants, Commonwealth grants, and grants of administration in Scotland and Northern Ireland.
Succession
Authors: Torremans Paul
Published: January 2018

This chapter examines the legal regime governing succession to movables and immovables. Once the estate of the deceased has been cleared of debts and all taxes and duties paid, the administrator will distribute the property among those to whom it beneficially belongs. These persons are to be identified by the choice of law rules relating to succession and may vary according to whether the estate consists of movables or immovables and whether the deceased left a will or died intestate. This chapter first considers intestate succession to movables and immovables as well as various questions that arise in the case of wills before discussing the proposed European harmonisation of choice of law rules concerning succession and wills. It also analyses the powers of appointment exercised by a person through his own will, along with issues relating to capacity, formal validity, essential validity, construction and revocation of the power of appointment.
Trusts
Authors: Torremans Paul
Published: January 2018

This chapter examines the private international law rules governing trusts which are laid down in the Recognition of Trusts Act 1987 and its scheduled Convention. The Recognition of Trusts Act was passed in 1987 to enable the UK to give effect to the Convention, formally concluded in 1985 by the Hague Conference on Private International Law, on the Law Applicable to Trusts and on their Recognition. The chapter begins with a discussion of some preliminary issues, such as the definition of a trust, types of trust that fall within the 1987 Act, validity of the instrument of creation of the trust, and transfer of trust assets. It then considers the specific rules governing choice of law and the recognition of trusts, along with mandatory rules and public policy. It also looks at the variation of trusts and marriage settlements, citing the relevant provisions of the Variation of Trusts Act 1958.
Introduction
Authors: Kogan Mikhail , Meehan Kyle
Published: January 2018

Integrative geriatrics is the new field of medicine that advocates for whole-person, patient-centered, primarily nonpharmacological approaches to the medical care of the elderly. Most current geriatric practices overprescribe medications and procedures and underuse nonpharmacological low-cost and high-touch methods. Integrative geriatrics interventions such as nutrition, movement therapies, and mind–body and spirituality approaches allow patients to follow a different path to their health care. This book provides detailed evidence-based information for all health care providers and advocates who work with the geriatric population. Directed toward providers in outpatient settings and to those who work in nursing homes, assisted living, independent living, and senior community centers, it also provides valuable information for leaders and politicians who are setting up policies and procedures for the care of the elderly who are looking for safer, less costly, and more patient-centered approaches.
Exercise, Frailty, and Functional Reserve: Concepts and Optimization
Authors: Cleaver Joseph P. , Kehaya Alice Schmidt , Kogan Mikhail
Published: January 2018

Regular exercise can increase the healthy lifespan of elderly patients. Despite this, most seniors are not getting enough exercise. This chapter summarizes the age-related declines in physical capacity, including loss of muscle power, decreased aerobic capacity (VO2max), sarcopenia, and increased adipose tissue, that can lead to inflammation and limitations of functional reserve. The concept of frailty is discussed. Clinicians are given practical techniques for evaluating risks in patients, providing an “exercise prescription” in an individually tailored manner, and measuring progress in their geriatric patients.
Energy Modalities and Aromatherapy
Authors: Jacobs Luann , Kendell Mary , Flusberg Yael , Berg Alice
Published: January 2018

This chapter covers energy modalities and aromatherapy. The first part introduces subtle energy and biofield therapy as a complementary therapy for senior patients to stimulate innate healing forces and promote health and relaxation. Biofield therapies combine the use of touch and intention to help the older patient mitigate symptoms and improve functional status. They are safe and have no unwanted side effects. Reiki, internal qi gong therapy, and aromatherapy can be taught for self-care, further empowering the healing process and increasing exposure to the modality. Essential oil use can be an effective option or adjunct in the treatment of many geriatric health care needs. Advantages of using essential oils include flexibility in delivery methods, low cost compared with many prescription medications, and a high safety profile when used properly.
Naturopathic Medicine
Authors: Orceyre Deirdre , Bull Meredith
Published: January 2018

Naturopathic medicine is a stand-alone system of whole-person health care rooted in traditional European nature cures of diet, rest, sunlight, fresh air, exercise, and water. Modern naturopathic physicians are trained as primary care licensable physicians whose education is recognized by the Department of Education. Medically trained naturopathic doctors (NDs) are ideal providers to thoroughly care for the geriatric patient. NDs are trained in conventional assessment and treatment but also in evaluation of underlying functional etiologies and holistic treatments such as diet, lifestyle, physical medicine, and herbal and homeopathic interventions. These provide comprehensive and extensive health care options that move away from the polypharmacy options so prevalent in this population. Medically trained naturopathic physicians are beneficial members of any geriatric medical team.
Spirituality and Mind–Body Medicine in Geriatrics
Authors: Puchalski Christina M. , Bloom Patricia A.
Published: January 2018

As people age, the mind and spirit become increasingly important factors in the multidimensional nature of health and illness. Spirituality in health care focuses on the inner life of people and how they find meaning, purpose, and connectedness to the significant or sacred. Mind–body medicine seeks to understand the interconnectedness of the mind and body and to use interventions that promote wellness based on that interconnection. This chapter gives an overview of spiritual care in geriatric care, including the assessment of spiritual distress in aging and dying, with appropriate interventions. Mindfulness-based interventions that are particularly relevant for older adults are also discussed.
Men’s Health
Authors: Muñoz George , Kogan Mikhail
Published: January 2018

The aim of this chapter is to review nutrition, hormones, natural substances, and integrative aspects to men’s health specific to the geriatric population. This segment of the population is growing, and they are more active and want to remain so for as long as possible. Older men therefore are entitled to and demand healthy options and lifestyle education and interventions to meet their future goals. This chapter covers exercise, nutrition, and food recommendation for the healthy aging male. Topics include prostate health, sexuality, erectile dysfunction, and hormone deficiencies, specifically testosterone and DHEA. Recommendations are provided on bone health, sleep, balance, and mind–body intervention. A global approach to healthy aging is suggested when providing care for aging men.
Pain
Authors: Brodsky Marc , Hansen Ann E.
Published: January 2018

Persistent pain is an unpleasant sensory and emotional experience that continues for a prolonged period of time and that may or may not be associated with a recognizable disease process. Older people may suffer from conditions such as knee osteoarthritis, low back pain, neck pain and headache, neuropathic pain, fibromyalgia, and cancer-related pain. Pain may impact physical function, psychological function, and other aspects of quality of life. A thorough history and physical examination may optimally assess a person with a persistent pain complaint in the context of a multifactorial pathway from accumulated impairments in multiple systems. Older people may perceive that integrative medicine treatments based on lifestyle and lower-risk therapies may help them get relief from pain and improve quality of life. Follow-up evaluation of positive and negative effects of therapeutic modalities and medications may guide the treatment plan.
Cardiovascular Disease
Authors: Caroline Mara , Bradley Ryan , Guarneri Mimi
Published: January 2018

The older population is challenging to treat for numerous reasons, including comorbid conditions and increased susceptibility to adverse drug reactions, limiting medical therapy. They are at increased risk for loneliness and depression, which strongly impacts their cardiovascular outcomes, and they also have different values, usually prioritizing quality of life over mortality objectives. Finally, the elderly are underrepresented in cardiovascular clinical trials, thus limiting the applicability of guideline recommendations. This chapter emphasizes the importance of a comprehensive assessment of individual circumstances when assessing cardiovascular health in the elderly population. The chapter focuses on the role of nutrition, resiliency, and exercise for the prevention and treatment of cardiovascular disease. Nutrient deficiencies commonly seen with cardiovascular drugs are also discussed, as well as specific integrative strategies for optimizing dyslipidemia, atrial fibrillation, and heart failure in this population.
Endocrine Disorders: Integrative Treatments of Hypothyroidism, Diabetes, and Adrenal Dysfunction
Authors: Yang James
Published: January 2018

Thyroid function, glucose metabolism, and an adaptive hypothalamic–pituitary–adrenal (HPA) axis are critical determinants of health and wellness. This chapter highlights the integrative physiology and interactions between these three systems and an integrative medicine approach to these conditions. Integrative medicine expands the evaluation of endocrine dysfunction through a person-centered approach. Patients’ overall symptoms and physiological function should be taken into account in evaluating thyroid function and planning treatment. Our approach to diabetes focuses on the importance of lifestyle changes and nutrition. Our perspective of the effects of chronic stress has been informed by current perspectives on neurobiology and neuroplasticity; chronic stress leaves its mark on the brain through changes in structure as well as its function in adapting to further stress. We present an integrative approach to manage and improve these three endocrine systems to address disease and improve patients’ energy and health.
The Healthy Gut in Older Adults
Authors: Sierpina Victor , Welch Karen , Desai Dimple , Rotkiewicz Anna
Published: January 2018

Gastrointestinal issues are among the most common problems in older adults, who present a unique set of issues related to the aging gut. An integrative physician attends to these issues by avoiding polypharmacy, reducing overuse of invasive procedures and medications, optimizing nutritional recommendations, and supporting quality of life. This chapter describes a variety of approaches that include functional medicine, lifestyle, mind-body, bioenergetics, botanical, herbal, and other measures to improve gut health. Specific topics covered are gastroesophageal reflux disease, gastritis, ulcers, colon cancer, constipation, diarrhea, diverticulosis, irritable bowel syndrome, inflammatory bowel disease, and hemorrhoids. An illustrative case study is provided.
Common Geriatric Infections
Authors: Prather Christina , Koroma-Nelson Mariatu , Kogan Mikhail
Published: January 2018

The function of the immune system changes with aging. Immune support can decrease the risk of infection, are imperative practices to incorporate in the care of older adults. The most common infections among older adults are pneumonia and urinary tract infection (UTI). Infections in older person often associated with substantial morbidity and mortality. Antibiotics are commonly prescribed for variety of infections, however, often these can lead to severe complications such as infectious diarrhea. Integrative methods of managing non-life threatening infections reviewed in this chapter. In addition, this chapter details different ways of maintaining healthy immune function in older patient.