bluuebunny/crossref_metadata_2025 huggingface dataset:
Supervision by the Commission
Authors: Bacon Kelyn
Published: August 2024

This chapter deals with the procedures by which the Commission assesses the existence of and compatibility of aid. It sets out the legislative framework for Commission decision-making, including Article 108 and the Procedural and Implementing Regulations, and explains Member State notification requirements including the distinction between new and existing aid. There is then a detailed discussion of the simplified procedure, preliminary review procedure, and the formal investigation procedure, as well as the specific procedures applicable to unlawful and misused aid. The particular rules for existing aid and sector inquiries are also discussed. The final sections of this chapter deal with evaluation, monitoring, and compliance requirements and the role of the European Ombudsman in the State aid field.
Corporate Governance of Financial Institution
Authors: Binder Jens-Hinrich
Published: August 2024

This chapter examines the case for cross-sectoral regulation of governance arrangements in financial institutions. Governance-related regulation of banks, investment firms, asset managers, and pension funds in Europe has taken the form of a rather intricate mix of sectoral and cross-sectoral approaches. The most comprehensive set of regulations is to be found in the CRD IV, the current version of the prudential Capital Requirements Directive, which applies in relation to banks as well as investment firms. Meanwhile, the relevant requirements for asset managers are to be found mainly in the revised regime for the regulation of Undertakings for Collective Investment in Transferable Securities (UCITS). Lastly, pension funds have been regulated separately within Europe, beginning with the first Directive on the activities and supervision of institutions for occupational retirement provision in 2003, now recast as Directive 2016/2341.
The Governance of Banks and the Requirement of Resolvability
Authors: Bierens Bart
Published: August 2024

This chapter looks at corporate governance of banks. Banks within the European Economic Area (EEA) are subject to the Capital Requirements Directive (CRD IV), which contains provisions on the composition of the board, the quality requirements imposed on executive directors and supervisory directors, the integrity of business operations, and the structure of the group. Banks also have to meet the objectives of the Bank Recovery and Resolution Directive (BRRD), including the overarching requirement to become and remain ‘resolvable’. A bank is resolvable if its balance sheet can be restructured effectively in order to protect the continuity of critical functions, avoiding any significant adverse effect on the financial system and without the support of public funds. The chapter then analyses the resolvability requirement from an EU perspective and explores the impact it will have on the structure and governance of systemically important banks.
The Emergence of the ALP
Authors: Collier Richard S , Andrus Joseph L
Published: August 2024

This chapter looks at how attempts to reduce the incidence of double taxation eventually gave way to the emergence of the ALP. Double taxation involved the simultaneous taxation of the same income or profits by at least two states. Here, the early discussion was dominated by whether, in an effort to prevent double taxation, taxing rights should be allocated only to the headquarters state or whether, and to what extent, taxing rights might also be granted to the ‘source’ state in which specific items of income might arise or be generated. The discussion, as the chapter shows, eventually proceeded to the division of profits. The ALP was then introduced to ensure that, for tax purposes, there was no diversion of profits resulting from any manipulation of the financial relations between parent and subsidiary companies.
Practical Application of the Arm’s Length Principle
Authors: Collier Richard S , Andrus Joseph L
Published: August 2024

This chapter provides a general summary of transfer pricing practices prior to the Base Erosion and Profit Shifting (BEPS) Project. The summary is based primarily on the principles and concepts contained in the 2010 version of the Organisation for Economic Co-operation and Development (OECD) Transfer Pricing Guidelines and in the 2013 UN Manual. The chapter first describes the general process of conducting a transfer pricing analysis. Thereafter, the application of that process in two especially difficult situations, those involving intangibles and services, is examined. The chapter then describes the current application of the ALP to permanent establishments (PEs). Finally, this chapter concludes with some comments on the prevalence of disputes relating to the ALP.
Applicable Law
Authors: Cox Johanne M
Published: August 2024

This chapter considers the laws that are applicable to expropriation in investment treaty arbitration, including international law. It begins with a discussion of the local law of the host State on expropriation, which offers constitutional protections with regard to property rights, the circumstances in which expropriation is permissible and the payment of compensation. It then examines the role of international law in bilateral investment treaties (BITs) ad other international treaties such as NAFTA and ECT, along with the ICSID Convention that includes a mechanism allowing the arbitral tribunal to decide which law will apply to an investment dispute. It also explains how investment treaty arbitration is initiated under a combination of treaties as well as the option available to foreign investors to institute ad hoc UNCITRAL arbitration. The chapter cites a number of relevant international cases that illustrate which law should apply to expropriation in investment treaty arbitration.
Legal Framework to Govern Electronic Transport Documents
Authors: Goldby Miriam
Published: August 2024

This chapter addresses the legal framework to govern electronic transport documents. It examines the extent to which these documents' functions can be replicated electronically under current laws. As far as English law is concerned, because the legislation covering transport documentation was not designed to cater for electronic alternatives, much uncertainty remains within national law that needs to be addressed contractually by the parties seeking to make use of these alternatives. Meanwhile, various standards and principles have begun to be established and are reflected in the laws of some other jurisdictions—particularly the United States as well as in certain international instruments—which can provide a basic legal framework to govern these alternatives.
Electronic Systems for the Issue and Transfer of Rights Over Goods in Transit
Authors: Goldby Miriam
Published: August 2024

This chapter examines electronic systems set up for the issue and transfer of carriage documents. The main requirements that must be fulfilled by electronic systems for the issue and transfer of rights over goods in transit are an assurance of singularity, together with the ability to grant “exclusive control” over an electronic record to a single person—that is, of ensuring that the rights represented by such electronic record can be conveyed to one person only and ensuring that it would not be possible for more than one person at any point in time to lay claim to these rights. According to the type of transport document that it is meant to replace, the system may or may not need to allow for exclusive control to be transferred after it has been issued.
Article 5: Party-Appointed Experts
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas
Published: August 2024

The IBA Rules provide for the use of both party- and tribunal-appointed experts. This chapter describes Article 5 of the IBA Rules. Article 5, supplemented by Article 8, dealing with oral testimony at the evidentiary hearing, provides a comprehensive framework for use and management of evidence from party-appointed experts. Although Article 5 is self-contained, it should be considered in conjunction with Article 6, which deals with tribunal-appointed experts. This chapter considers the required content of a report prepared by a party-appointed expert. It also deals with the question of whether a party may file expert evidence without permission of the tribunal as well as other issues that may arise in connection with party-appointed experts.
Article 6: Tribunal-Appointed Experts
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas
Published: August 2024

This chapter explores Article 6 of the IBA Rules, which addresses the use of tribunal-appointed experts and covers the appointment and terms of reference of a tribunal-appointed expert, a party’s right to object to the appointment, the content of the expert’s report, the parties’ right of response to the expert evidence, and the right to examine the expert at the evidentiary hearing. Article 6 also contains checks and balances designed to ensure that the tribunal does not delegate its decision-making function to the expert and that the parties have a proper opportunity to make representations on the choice of tribunal-appointed expert, and to examine and comment on the evidence presented by that expert.
Trading and Settlement
Authors: van Setten Lodewijk
Published: August 2024

This chapter discusses the common organisational and structural aspects of trading venues, the responsibility of investment firms that execute trades, and the operation of settlement systems. In particular, it examines those protective features that mitigate settlement finality risks, that is, the risk that a settlement may not become final due to adverse claims or insolvency. The chapter first considers the relevant provisions of Markets in Financial Instruments Directive (MiFID) II regarding trading venues and trading obligations before describing the structure of settlement cycles, with a focus on how a cash (credit) transfer and a book-entry securities (credit) transfer operate. It then explains the importance of settlement finality and compares adverse claims sourced in law or equity with adverse claims sourced in the Insolvency Act 1986. Finally, it analyses the provisions of the Settlement Finality Directive for the protection of payment and settlement systems from participant insolvency.
Money, Government, and Sovereignty
Authors: Gleeson Simon
Published: August 2024

This chapter shows that there exists a vast literature across different branches of the social sciences discussing the linkage between money and sovereign authority—the best account being Charles Goodhart’s paper on The Two Concepts of Money. According to Goodhart, there are two predominant theories of origin and use of money: the theories of the Cartalists, who argue that the use of currency is based on the power of the issuing authority, which effectively orders its subjects to use its tokens as money; and those theories which argue that the origin of currency lies in the market. This latter group can be sub-divided into those who argue that the basis of the value of money is the intrinsic value of the coins used (Metallists), and those who argue that money originated as a private sector, market oriented response to overcome the transaction costs inherent in barter (Mengerians).
The Economic Consequences of Europe’s Banking Union
Authors: Véron Nicolas
Published: August 2024

This chapter considers how Europe’s banking union is a structural shift for the euro area’s banking sector. It has already had significant economic impact, as it contributed to the resolution of the euro area crisis from its inception in mid-2012 and has also led to an erosion of the moral hazard that remains pervasive in the system. More consequences are likely to unfold in years ahead, as the European Central Bank keeps tightening its banking supervisory framework, more cases of bank failures may emerge, and new EU legislation to ‘complete the banking union’ may be considered by the co-legislators. At this stage, the banking union has not yet achieved its stated economic objective of breaking the vicious circle between banks and sovereigns in the euro area. It has, however, laid the groundwork for possible future policy steps in that direction.
Governance of the Single Resolution Mechanism
Authors: Busch Danny
Published: August 2024

This chapter analyses the governance or decision-making structure of the Single Resolution Mechanism (SRM), particularly with respect to financing of the Single Resolution Fund and adoption of resolution schemes. The negotiations on the SRM and its governance were very difficult. The complex end result is clearly a compromise. Certain aspects of the complexity are due to technical reasons of European law. The SRM’s complex governance structure may well have a negative impact on the effectiveness of decision-making within the SRM framework—efficient, impartial, decisive, and quick decision-making is obviously crucial in the case of bank resolution. Whether the complex governance structure of the SRM will indeed have a negative impact on decision-making within the SRM framework remains to be seen. So far, there has been only one Single Resolution Board-led bank resolution, that of the Spanish bank Banco Popular. The chapter states that it would be premature to draw any conclusions from it, but the creation of the SRM (combined with the Single Supervisory Mechanism) is a milestone for the Eurozone and any other Member States deciding to join.
Payment
Authors: Bamford Colin
Published: August 2024

The chapter examines the process of payment, both as a description of the way in which a monetary obligation is discharged, and as a process by which money is transmitted from one person to another. In the former case, the chapter describes the operation of set-off, netting, consolidation of accounts and the operation of running accounts. In the latter case, it deals with the mechanisms for payment in the UK, internationally and at the level of the EU through the TARGET2 system, focusing in each case on the process of clearing through the central bank of the currency concerned. It also discusses Distributed Ledger Technology (DLT) and its use in payment and clearing systems.
Credit Support in Financial Markets
Authors: Bamford Colin
Published: August 2024

This chapter brings together the numerous mechanisms and ideas that have the effect of supporting a payment obligation, in the sense that the use of one (or more) of these concepts makes it more likely that the obligation will be fulfilled. This objective can be achieved in a number of ways: a third party may accept liability alongside the obligor, as in the case of someone who assumes a joint liability; or the supporter may take a secondary role as a guarantor. The chapter then looks at the forms of support that are available on a commercial basis, in particular performance bonds and export credit facilities. It considers the mechanisms that provide support by a more indirect route, such as comfort letters and credit derivatives. It concludes by examining a form of support that reaches its destination from the opposite direction: subordination, both in the form of general subordination of the creditor to the claims of all other creditors, and as subordination to the claims of a particular creditor.
The Construction of Financial Contracts
Authors: Bamford Colin
Published: August 2024

The chapter considers the way in which courts in common law countries interpret financial contracts. It begins by drawing a contrast between the objective of the approach adopted by common law countries (the objective approach) and that which underpins the construction method used in civil law countries (the subjective approach). It argues that the objective approach is more suitable for the purposes of the international financial markets. The chapter then discusses the difference between the meaning of a contractual term and the affect that the operation of the term produces. The chapter moves on to consider the principles by which common law courts determine the meaning of contracts, before concluding with a description of the rules dealing with rectification and with the implication of terms in contracts.
Introduction and Conclusion of the Contract
Authors: Bridge M G
Published: August 2024

This chapter begins with a background to the modern sale of goods legislation. The sale of goods is a specialized branch of the general law of contract. In two principal respects, however, the special law of sale of goods stands apart from general contract law. First, unlike most nominate contracts, sale involves a conveyance of the seller's property interest in the goods in favour of the buyer, which, together with the abundance of reported sales decisions, lends a degree of autonomy to this branch of the law. Second, sale has its own statutory code, the Sale of Goods Act 1979. The remainder of the chapter is devoted to certain aspects of the contractual formation process that merit attention in a specialist sale of goods text, including formalities, electronic commerce, and special statutory provision for abuses and potential abuses in the process of concluding a sale of goods contract.
Risk, Mistake, And Frustration
Authors: Bridge M G
Published: August 2024

This chapter discusses the law on risk, mistake, and frustration. Risk and frustration may be treated in proximity since the operation of frustration is bounded by the transfer of risk. One consequence of the transfer of risk to the buyer is that the buyer may not invoke the risk event so as to seek relief from the performance of contractual obligations under the doctrine of frustration. Risk is associated with the price: it determines when the buyer must pay for goods accidentally damaged, lost, or destroyed. Where a contract is frustrated, it is automatically discharged. Mistake also deals with the same subject matter of material mishap to the goods. Hence, there is a tendency to apply it with the same degree of rigour as frustration as a contractual dispensing agent.
Introduction
Authors: Jensen J Ole
Published: August 2024

This book examines a variety of issues concerning the role of tribunal secretaries in international arbitration, focusing on the tension between their perceived lack of legitimacy and the practical need for a division of labour. It emphasises the importance of transparency in both the appointment and use of tribunal secretaries and argues that the best way to achieve that transparency is to move towards an institutionalisation of the position of the tribunal secretary, and that the main components of such an institutionalisation must be a formal appointment process and legal certainty in regard to the secretary's scope of tasks. Part I of the book outlines the conceptual foundations for the discussion of tribunal secretaries, Part II provides a detailed analysis of the tribunal secretary's mandate, and Part III considers the pathological case of an irregular use of tribunal secretaries as well as the available remedies.
The Appointment Process
Authors: Jensen J Ole
Published: August 2024

This chapter proposes an appropriate process for the appointment of tribunal secretaries that maintains efficiency while safeguarding the parties' right to decide on how their arbitration should be conducted. After identifying which qualifications (legal education, prior experience in international arbitration, basic information technology skills, trustful relationship with the appointing arbitrator, etc.) and which level of impartiality and independence candidates for the tribunal secretary position should possess, the chapter considers how the parties should be involved in the appointment process and how the appointment should be formalised. It also describes the frequent situation where such a formal appointment process is not carried out and third-party support participates informally without the parties' knowledge and consent.
Introduction
Authors: Herbst Jonathan , Lovegrove Simon
Published: August 2024

This introductory chapter provides an overview of Brexit and its impact on financial services. Following the UK’s historic referendum concerning its future membership in the EU, various options for the UK’s future relationship with the EU were discussed in the media. Another question that was discussed in the media was whether or not UK financial services legislation would be rewritten once the UK had formally left the EU. Most in the market, however, felt that it would not. This was generally on the basis that the UK had played an important role in developing EU financial services legislation when participating in the EU institutions. There was also discussion as to whether or not standards and principles developed by international bodies such as the Basel Committee on Banking Supervision and the Financial Stability Board could, in the future, provide a bridge between the UK and the EU in defining a future relationship based on shared outcomes. The chapter then looks at the preparations of both the EU and the UK for a no-deal Brexit.
The EU Approach to Authorisation
Authors: Born Michael , Cristofolini Roberto , Nagelkerke Floortje , O’Connor Donnacha
Published: August 2024

This chapter provides an overview of the approach to authorisation taken by the German, French, Dutch, and Irish regulators, highlighting any divergences in approach set out by the EU institutions. Germany is one of the major destinations for UK entities relocating European-facing parts of their business activities in connection with their Brexit contingency measures. The German authorities have provided administrative guidance to entities in UK groups that intend to locate to Germany. However, the UK will become a third country following Brexit. Against this background, in order to protect the functioning and stability of the financial markets, Germany has introduced certain national transitional periods before the third country regime fully applies. Meanwhile, France has not put in place contingency measures such as a national transitional regime for UK credit institutions and investment firms. After exit day, UK credit institutions and investment firms will be subject to the standard regime applicable in France to non-European Economic Area firms. The chapter then considers the Dutch Brexit Act and the Brexit contingency planning in Ireland.
Alternative Investment Fund Managers Directive (AIFMD)
Authors: Green Jake
Published: August 2024

This chapter explores the AIFMD. Although UK AIFMs, unlike some of their European counterparts, had been authorised and regulated in the UK, AIFMD substantially altered and increased the regulatory burden on UK AIFMs. On the other hand, the key benefit for most EEA AIFMs of AIFMD was the introduction of the marketing passport that allowed for AIFMs to market funds throughout the EEA to professional investors without additional costs, disclosures, or other obligations imposed on the AIFM. Although the political situation may change the position of the UK government, on Brexit, AIFMD will essentially continue to apply to UK AIFMs. However, absent any transitional arrangements, the EEA will treat UK AIFs and AIFMs as third country (non-EEA) AIFMs and AIFs. There is a regime in place for these entities at present and this will apply to the UK as it does to managers in other jurisdictions.
Introduction
Authors: Morris Charles H R
Published: August 2024

This introductory chapter provides an overview of the law of financial services groups. A financial services group is a group comprising at least one business entity that provides financial services. Many such groups are well-known finance behemoths, but others may be better known within other sectors. In this latter category, one finds not only high street giants that own banking or insurance firms, but also a vast range of retailers and consumer service providers of all sizes that also provide finance intermediation services. This book is about the laws and regulations that shape and determine how such groups are formed, structured, and regulated, and how entities within such groups interact with each other. It focuses on how such influences and requirements work in practice: how they can be understood, addressed, and managed by a transactional or advisory lawyer or regulatory adviser.
Corporate Groups
Authors: Morris Charles H R
Published: August 2024

This chapter discusses the nature of corporate groups: why and how they have come into existence. Most lawyers and accountants are familiar with the idea that corporate groups comprise many different legal entities, each with their own distinct legal personality. Economists, however, tend to think of each such group as constituting a single economic unit, sometimes referred to as an enterprise or a firm. Nevertheless, as a matter of law, groups do not have a legal personality of their own, but comprise distinct and separate units. Hence, groups are not able to sue, be sued, or own/have legal interests in tangible or intangible property. The chapter then considers the development of corporate groups as well as the many different ways in which groups can be described or characterized.
Group Prudential Regulation
Authors: Morris Charles H R
Published: August 2024

This chapter addresses how prudential regulation requirements apply on a group basis. Capital adequacy requirements form the core of most prudential regulatory regimes. In essence, each prudential regime seeks to apply the relevant capital requirements to the group as a whole, whilst solving problems such as excessive leverage and double or multiple gearing. The imposition of such group requirements, in effect, raises the bar for capital requirements across the group: meaning that lightly capitalized group entities are, on a group basis, capitalized on the same basis as their more highly regulated trigger entity affiliates. There are various different approaches to applying capital adequacy requirements on a group basis. In very general terms, such approaches include variations of a consolidation approach or a deduction and aggregation approach, or a combination of both. Each approach seeks to assess capital requirements on the basis of the group as a whole and to ensure that such requirements are met with group capital resources.
Employees and Officers of a Group
Authors: Morris Charles H R
Published: August 2024

This chapter looks at the human element of financial service groups. Specifically, it considers how directors’ duties, rules relating to senior managers, and rules relating to the remuneration of financial services professionals operate in a group context. The regulation of individuals within the financial services industry—in particular, their duties, responsibilities, and remuneration—is a very significant theme of modern financial regulation which has come under intense scrutiny and change in the wake of the global financial crisis, most significantly with reforms to remuneration across the EU and the introduction of the senior managers regime in the UK. The chapter then studies some of the issues that arise when employees act on behalf of different entities within a group. The most commonly encountered problem—with far-reaching consequences—is the impracticability of maintaining a clear division between roles. If a person is to represent more than one business entity in their day-to-day role, it is necessary to establish and to maintain a clearly identifiable separation between each such function, so that it is clear in which capacity such person is acting.
Rescission and Independent Claims
Authors: O’Sullivan Dominic
Published: August 2024

This chapter focuses on recission and independent claims. It explains how a recission claim could trigger claims to damages or its equitable counterpart. A right to rescind is independent of the claimant’s rights to the damages in tort. The chapter then expounds on equitable compensation, which depends on the breach of fiduciary duty. Compensation is calculated according to the principles governing restitution and counter-restitution upon recission. The chapter looks into the seminal decision involving the Re Cape Breton Company’s case. It also considers the exceptions that limited the scope of the rule in Re Cape Breton Company, such as the sale of the principal’s own property and regular trade supplies.
Financial Adjustments
Authors: O’Sullivan Dominic
Published: August 2024

This chapter looks into financial allowances and adjustments made as an incident of the restoration of the parties to their original positions upon rescission. It clarifies that most types of allowances and adjustments are only available upon rescission in equity. Most of the time, the responsibility of proof will fall on the claiming party. Upon rescission, each party are mandated to account for the benefits upon gaining asset ownership. Benefits derived from land and chattels are some of the issues from restitution and counter-restitution that must be made upon rescission. The chapter then discusses joint acquisitions, interest, and indemnity to expound on restitution and counter-restitutions. It also considers the alteration of assets to impose compensation.
Model Arbitration Clauses
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 4 offers a commentary of HKIAC’s model arbitration clauses.
Conduct of the Arbitration (Articles 13–22, 25–26, 31–32)
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 9 covers all aspects of the conduct of the arbitration, including: Article 13 (general provisions), Article 14 (Seat and Venue of the arbitration), Article 15 (language), Articles 16–18 and 20–21 (written submissions), Article 19 (jurisdiction of the arbitral tribunal), Article 22 (evidence and hearings), Article 25 (tribunal-appointed experts), Article 26 (default), Article 31 (closure of proceedings), and Article 32 (waiver).
Awards, Decisions, and Orders of the Arbitral Tribunal (Articles 33–40)
Authors: Moser Michael , Bao Chiann
Published: August 2024

Chapter 11 offers a discussion about all aspects of the arbitral tribunal’s awards, decisions, and orders. In particular, the chapter covers a commentary on Articles 33–41.
The Right to a Fair Trial and Private International Law
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter analyses the impact of private international law rules on the right to a fair trial, and vice versa. There has been a very limited impact of private international law rules on the right to a fair trial. This is because the private international law regime has often accommodated the interests protected by the right to a fair trial. As a result, there has been a significant lack of cases regarding the operation of private international law rules and the right to a fair trial. Similarly, the impact of the right to a fair trial can be seen to have been distinctly inconsistent in terms of which rules of private international law have been affected and which State’s rules have been affected.
Religious Rights and Recognition of Marriage and Extra-Judicial Divorce
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter examines the compatibility of the English private international law rules regarding recognition of religious marriages and divorces with the right to freedom of religion. When it comes to assessing the impact of religious rights on English private international law rules there has not been much ‘direct’ impact. Rather, the English private international law rules on marriage and divorce are generally compatible with Article 9 ECHR, which protects the absolute right to hold a particular belief and the freedom to manifest a belief. Moreover, instances of religious discrimination are relatively rare in the modern law. However, English law is significantly out of line with European practice in the balance it strikes between religious and gender interests in its accommodation of overseas religious divorces.
The Investigation of Cartels
Authors: Kellaway Ros , Nuijten Jan
Published: August 2024

The European Commission has extensive fact-finding powers in its investigation of cartels. The chapter discusses those powers of investigation, in particular the European Commission’s powers of inspection, dawn raids, and the legal framework of inspection, as well as issues of legal professional privilege, litigation privilege, the privilege against self-incrimination, and disclosure. It also considers requests for information and the responses required, as well as practical tips for practitioners. These topics are discussed by Ros Kellaway (Eversheds, London) from a private practitioner’s perspective and by Jan Nuijten (case handler, Cartels Directorate, Directorate-General for Competition, European Commission) from the angle of a public enforcer.
Private Enforcement
Authors: De Meese Thomas , De Smijter Eddy
Published: August 2024

The chapter focuses on the use of competition rules in private litigation to claim compensation for damages. It describes key issues that any private litigant will need to address when contemplating legal action. First, the chapter outlines who can sue and who can be sued, where and when to sue, and how to obtain the necessary information to assess and formulate a claim. The chapter then turns to the compensation that can be claimed and the related issues of causation (including the passing-on defence) and quantification of the damages. These topics are dealt with by Thomas De Meese (Crowell & Moring, Brussels) from the angle of the private practitioner. Eddy De Smijter (head of the Private Enforcement Unit, Directorate-General for Competition, European Commission) focuses on two provisions of the Private Damages Actions Directive (access to evidence and joint and several liability) from the perspective of the public enforcer.
Improving Consumers’ Role
Authors: Ioannidou Maria
Published: August 2024

Chapter 5 first provides a critical account of the Commission’s approach towards collective action mechanisms in the fields of consumer and competition law. This historical analysis serves as the springboard for exploring the normative justifications supporting the adoption of specific collective action mechanisms for consumer claims in competition law (serving access to justice and the collective consumer interest). Following these justifications, the analysis discusses the necessary structural characteristics of effective consumer collective action mechanisms (by reference to the federal US model) and explores whether the collective redress systems available in different Member States provide these structural characteristics. Finally, a collective action framework promoting consumer claims while paying due respect to EU legal culture and Member States’ individual traditions is presented by focusing on who can bring a claim (consumer representatives), the opt-out nature of group formation, the funding of the respective actions, and the distribution of the damages award.
Arbitration and ADR
Authors: Nazzini Renato
Published: August 2024

This chapter addresses the issues arising from the role of arbitration and Alternative Dispute Resolution (ADR) in competition law matters. If arbitration is to continue to flourish and to expand to areas involving important issues of public policy, it is necessary that it provide equivalent protection to the parties and the public interests involved as would be provided by the courts. At the same time, arbitration should not lose its private nature. If it did, it would also lose its main advantage over litigation before the state courts. In this light, the chapter provides an overview of the arbitration of competition disputes in practice. It explores the interaction between arbitral tribunals and the competition authorities in the enforcement of competition law, and analyses the use of ADR in competition disputes.
Sea and Inland Ports
Authors: Rodríguez Elvira Aliende , Rusche Tim Maxian
Published: August 2024

Ports are vital to the functioning of the Internal Market and the economic strength of the European Union. The European Union is dependent on its ports to facilitate trade, not just internationally, but also between Member States themselves; in fact, 75 per cent of vessels in EU ports are making intra-EU journeys. In 2011, EU ports handled around 3.7 billion tonnes of cargo, and the Commission anticipates that this figure will have doubled by 2030, making development and expansion of EU’s ports a priority. While there currently is no overarching EU regulation on ports, various aspects have been addressed by specific rules, notably on security and the environment. The chapter discusses proposals for the liberalization of port services. It details the case law and guidance under EU competition law dealing with restrictive agreements, abuses of dominant position, mergers, and State aid.
The Nature of 500 micron Risers III: a small complete sample
Authors: Clements D L , Cairns J , Greenslade J , Petitpas G , Ding Y , Pérez-Fournon I , Riechers D
Published: August 2024

Herschel surveys have found large numbers of sources with red far-IR colours, and spectral energy distributions (SEDs) rising from 250 to 500 µm: 500 risers. The nature and role of these sources is not fully understood. We here present Submillimeter Array (SMA) interferometric imaging at 200 GHz of a complete sample of five 500 risers with F500 >44 mJy selected within a 4.5 deg2 region of the XMMLSS field. These observations can resolve the separate components of multiple sources and allow cross identification at other wavelengths using the extensive optical-to-IR data in this field. Of our five targets, we find that two are likely gravitationally lensed, two are multiple sources, and one an isolated single source. Photometric redshifts, using optical-to-IR data and far-IR/submm data, suggest they lie at redshifts $z \sim 2.5\!-\!3.5$. Star formation rates and stellar masses estimated from the SEDs show that the majority of our sources lie on the star-formation rate-stellar mass ‘main sequence’, though with outliers both above and below this relation. Of particular interest is our most multiple source, which consists of three submm emitters and one submm-undetected optical companion within a 7 arcsec region, all with photometric redshifts ∼3. One of the submm emitters in this group lies above the ‘main sequence’, while the optical companion lies well below the relation, and has an estimated stellar mass of $3.3 \pm 1.3 \times 10^{11}$ M$_{\odot }$. We suggest this object is a forming brightest cluster galaxy (BCG) in the process of accreting actively star forming companions.
The SAVED domain of the type III CRISPR protease CalpL is a ring nuclease
Authors: Binder Sophie C , Schneberger Niels , Schmitz Maximilian , Engeser Marianne , Geyer Matthias , Rouillon Christophe , Hagelueken Gregor
Published: August 2024

Prokaryotic CRISPR-Cas immune systems detect and cleave foreign nucleic acids. In type III CRISPR-Cas systems, the Cas10 subunit of the activated recognition complex synthesizes cyclic oligoadenylates (cOAs), second messengers that activate downstream ancillary effector proteins. Once the viral attack has been weathered, elimination of extant cOA is essential to limit the antiviral response and to allow cellular recovery. Various families of ring nucleases have been identified, specializing in the degradation of cOAs either as standalone enzymes or as domains of effector proteins. Here we describe the ring nuclease activity inherent in the SAVED domain of the cA4-activated CRISPR Lon protease CalpL. We characterize the kinetics of cA4 cleavage and identify key catalytic residues. We demonstrate that cA4-induced oligomerization of CalpL is essential not only for activation of the protease, but is also required for nuclease activity. Further, the nuclease activity of CalpL poses a limitation to the protease reaction, indicating a mechanism for regulation of the CalpL/T/S signaling cascade. This work is the first demonstration of a catalytic SAVED domain and gives new insights into the dynamics of transcriptional adaption in CRISPR defense systems.
Charles Sorley
Authors: Harrison Stephen
Published: August 2024

This chapter examines the poetry of the English poet Charles Sorley (1895–1915) from the perspective of classical reception, including the pre-war poems. It shows that his 1915 poem ‘I have not brought my Odyssey’ draws on the literary framework of Horace’s poetic letters to friends in his Epistles as well as the Odyssey of Homer advertised in its title—both texts he would have encountered in his elite classical education at Marlborough College. It also analyses Sorley’s most famous poem, the 1915 sonnet, ‘When you see millions of the mouthless dead’. Here it shows that the poem combines elements from Homer’s Iliad and Odyssey in resignation about death and an imagining of the Underworld. It further suggests that this last element is partly seen through the Christian perspective of John Henry Newman’s Dream of Gerontius, one of the most famous Victorian poems about the afterlife.
Commonplacing
Authors: Heath Iona
Published: August 2024

A description of the joys of bringing together ideas from multiple sources to create new insights.
Seeing
Authors: Heath Iona
Published: August 2024

In which we move beyond looking to actually seeing what is in front of us. Again, John Berger provides the example of how we look at paintings and how we recognize what we are seeing. For him recognition is a crucial attribute.
Words
Authors: Heath Iona
Published: August 2024

An exploration of the power and the dangers of words.
Imagination
Authors: Heath Iona
Published: August 2024

An account of the role of the imagination in bridging distances and separations: physical, cultural, educational, etc., alongside the links between memory and imagination and how each is essential to the other.
Justice and Solidarity
Authors: Heath Iona
Published: August 2024

An account of John Berger’s instinctive identification with the poor, the disinherited, and the abused and the extent to which this is reflected in his writing.
Biometrics, Citizenship, and the Documentary State
Authors: Banégas Richard , Cutolo Armando
Published: August 2024

Chapter 1 builds the theoretical and conceptual framework of the book. It posits the Ivorian trajectory in the African biometric turn and in comparative debates on registration, citizenship, and the state. The differences between civil registration and biometric identification are highlighted and connected to the discontinuities and the continuities between the documentary and the biometric state. Some theoretical and empirical oppositions are discussed to build the book’s argument. The de-socializing and depoliticizing character of biometric identity is analysed in contrast with the social and subjective dimension of written documents. Building on the byways of Ivorian identification policies, the chapter tries to bypass theses contradictions by offering another conceptual framework to account for global identification systems and citizenship debates.
Overlapping Individual and Interstate Claims
Authors: Howley Jessica
Published: August 2024

This chapter provides a detailed overview of the potential for overlapping individual and interstate claims to arise under international law. It begins by considering mechanisms through which individuals may invoke State responsibility, both current and historic, in the fields of investment law and human rights, in post-conflict contexts, before regional mechanisms, and under domestic law. It then turns to examine possible overlaps in these and other fields, and under both treaty and customary international law, with the invocation of responsibility on the interstate level. In doing so, it distinguishes between different types of interstate claims that may overlap with individual claims, namely diplomatic protection, ‘mixed’, and ‘direct’ claims, as well as claims brought for violation of obligations owed erga omnes (partes). The following chapters then examine rules that may operate to preclude one or both of those overlapping claims.
Early Childhood Care and Education of Deaf Children
Authors: Swanwick Ruth , Fobi Daniel
Published: August 2024

The final chapter explores the insights from the Ghana case study work and the wider contribution that this text makes to understandings of the early childhood care and education (ECCE) of deaf children in Africa and other low-resource global South contexts. The new knowledge and research questions that emerge from this work are discussed in the context of international perspectives on early childhood care and education and next steps are identified for research and practice. Drawing on the bioecological perspective that framed the original project work and the writing of this text the authors reflect on the different cultural contexts for deaf ECCE, the implications for resource and capacity building, and examine the potential for South-North learning. They discuss what was learned as a project team about the external influences on ECCE provision and caregiver experience as well as the day-to-day realities of caregiving and raising a deaf child, and specific issues around language and communication. Based on this experience and reflecting on the writing journey as a cross-cultural research team this chapter summarises ways in which current ECCE paradigms can become more inclusive of different cultural contexts and propose workable interventions and ECCE strategies that build on local knowledge and practices. Finally, it is proposed that the theoretical and practical implications of the project and writing work extend not only to the wider African context but are also pertinent to other multilingual agrarian and collective socio-cultural contexts where there are similar resource issues around ECCE support and infrastructure. Throughout, the terms ‘low- and middle-income countries’ (LMICS) are used to highlight resource issues and the ‘global South’ to underline gaps in wealth and power but also convey a sense of the spaces and people implied, recognising that that these terms conflate diverse economic, social and political experiences.
When Is the ‘Early Modern’?
Authors: Cort John E.
Published: August 2024

This chapter explores two transitional moments within north Indian Digambar Jain literary culture: the first between the medieval into the early modern in the early-seventeenth century, and the second between the early modern and the modern in the late-nineteenth century. It looks at the life of Banārsīdās (1587–1643) of Agra for information on the first transition, and the lives of Pārasdās Nigotyā of Jaipur (fl. 1838–1874) and Nāthūrām Premī of Bombay (1881–1960) for the second. By examining changes in education, language choice, practices of translation, audience, and the material medium of textual production, the chapter shows some defining factors in these transitions. At the same time, the chapter demonstrates the limits in the periodization of early modern and modern. It argues that the line between the early modern and the modern is not an absolute one, but instead a matter of geography, social location, and even personality.
Sants’ Sweet Yoga in the Eighteenth Century
Authors: Gold Daniel
Published: August 2024

The chapter examines a particular stream of Sant tradition that comes fully into view in the eighteenth century. Often emerging among Sants from mid-level castes, such as Palṭū and Caraṇdās, it features practices that could lead to a powerful convergence of yoga and bhakti while sometimes advocating some unusual sectarian doctrines. Central to this stream of Sant tradition is a sense of śabda, ‘primal sound’, as the pervasive stuff of the devotee’s purified inner world, something into which devotees may merge through specific yogic practices. More than in many streams of Sant tradition, then, songs often feature imagery of fluidity, flow, and mixing together. Finally, through śabda, devotees can reunite their conscious being with that of its sweet divine source—understood as the Lord, the lover, or the real nature of their gurus.