bluuebunny/crossref_metadata_2025 huggingface dataset:
Post-translational modifications control the signal at the crossroads of plant–pathogen interactions
Authors: Soni Kamlesh Kumar , Gurjar Kishan , Ranjan Aastha , Sinha Shashank , Srivastava Moumita , Verma Vivek
Published: August 2024

The co-evolution of plants and pathogens has enabled them to ‘outsmart’ each other by promoting their own defence responses and suppressing those of the other. While plants are reliant on their sophisticated immune signalling pathways, pathogens make use of effector proteins to achieve the objective. This entails rapid regulation of underlying molecular mechanisms for prompt induction of associated signalling events in both plants as well as pathogens. The past decade has witnessed the emergence of post-translational modification (PTM) of proteins as a key a factor in modulating cellular responses. The ability of PTMs to expand the functional diversity of the proteome and induce rapid changes at the appropriate time enables them to play crucial roles in the regulation of plant–pathogen interactions. Therefore, this review will delve into the intricate interplay of five major PTMs involved in plant defence and pathogen countermeasures. We discuss how plants employ PTMs to fortify their immune networks, and how pathogen effectors utilize/target host modification systems to gain entry into plants and cause disease. We also emphasize the need for identification of novel PTMs and propose the use of PTM pathways as potential targets for genome editing approaches.
States, Investors, and Energy Agreements
Authors: Cameron Peter
Published: August 2024

This chapter talks about entering into a relationship that appears to the parties as both durable and mutually beneficial as a key objective for foreign investors and host states in making energy investments. It analyzes the need for design and operation of legal arrangements to support cooperation for investments in energy, which is complicated by the wide-ranging social and economic significance that the sector has in any modern economy. It also highlights the investment triangle that includes the three basic elements of an energy investment relationship: host states, energy investors, and the investment. The chapter discusses the role of the state as an umpire, regulator, participant, or commercial partner in the energy sector. It considers energy governance as the glue that makes the main elements stick together in relationships of mutual dependence and allows for peaceful ways of settling disputes among the parties.
Meeting Challenges to Investment Stability—Across the Energy Spectrum
Authors: Cameron Peter
Published: August 2024

This chapter examines principal challenges to the stability of energy investments and the role of international investment law in responding to them. It highlights defences for state action in emergency situations that have arisen in various national or regional contexts and have been given a new relevance by the COVID-19 pandemic. It also clarifies time and complexity of arbitral procedures in investment arbitration as another challenge for the security of an investment. The chapter considers the result of varied measures introduced by governments in lowering carbon intensity in energy use as the most far-reaching challenge to long-term stability in international energy investments. It talks about the direct or indirect risk of expropriation, which remains important for energy investments.
Introduction: Taming the Powers
Authors: Husovec Martin
Published: August 2024

This chapter explains the key challenges of regulation of the internet as a decentralised information ecosystem relying on non-editorial content. The reader is introduced to the key concepts, such as delegated enforcement, how private and public powers jointly try to curb illegal content online, and why that is a problem that necessitates state regulation. The chapter argues that by regulating the instances of delegated enforcement by platforms, the Digital Services Act (DSA) ultimately regulates the use of state power against individuals. Finally, it argues that if the DSA is submitted to a set of principles, it can become a balanced regulation that might act as an inspiration for other countries.
Overview of the DSA
Authors: Husovec Martin
Published: August 2024

The chapter provides an overview of the key mechanisms and parts of the Digital Services Act. It explains the scope of the Act and its application to various types of services, with numerous examples. The reader is given the background on pre-existing rules on liability and a brief explanation of how they relate to the newly adopted accountability obligations. These novel due diligence obligations are discussed separately per each regulated tier of services, along with their main characteristics, and regulatory goals. Finally, the Act is put into a broader self-regulatory and co-regulatory context, along with the remaining role of the national legislatures on the issues, such as the definition of what constitutes illegal content.
Liability Exemptions: Specific Services
Authors: Husovec Martin
Published: August 2024

The chapter describes special requirements for all three liability exemptions: mere conduit, caching, and hosting. It explains the services that fall under each of the categories and the specific conditions for each of them. The hosting services, due to their importance, are given the most attention. The readers learn about specific conditions for actual and constructive knowledge standards for hosting services and the latest developments in the case law of the Court of Justice of the European Union. Finally, the chapter explains the special position of search engines that remain hard to classify. The conclusion looks at the most difficult questions of overlaps and voids that are likely to emerge in the years to come.
The Case for Global Best Practices in Antitrust Due Process and Procedural Fairness
Authors: Sokol D Daniel
Published: August 2024

This chapter explores the nature of procedural fairness issues in global antitrust. It explains the justifications for procedural fairness and the drivers for why such concerns have become significant in antitrust. It then explores global antitrust institutions to understand if and how global best practices are possible for antitrust procedural fairness. The chapter argues that procedural fairness remains a work in progress at the global level. Although a combination of hard law through free trade agreements and soft law through the Organization for Economic Co-operation and Developmen (OECD) and ICN can help bind competition authorities to higher standards of procedural fairness, global leadership by the major powers in competition law, i.e. the United States and the Directorate-General for Competition, is required. While the United States has championed a robust discussion and efforts to promote increased procedural fairness, the Directorate-General for Competition has not embraced procedural fairness with the same level of rigor in both public statements and actions both internally and in international organizations.
Procedural Fairness in Antitrust Enforcement
Authors: Yoo Christopher S , Wendland Hendrik M
Published: August 2024

As the first country to enact an antitrust law, the United States has enjoyed the greatest opportunity to develop its enforcement practices. This chapter first introduces the key antitrust enforcement institutions. It then explores the manner in which the United States implements four key procedural protections to provide insights into ways to improve US law. These are legal representation, notice of legal basis and evidence, engagement between the parties and the investigative staff, and internal checks and balances and judicial review. It is argued that a properly functioning system of antitrust enforcement depends on more than just well-designed substantive principles. It also requires enforcement procedures that enhance accuracy, ensure fairness, promote confidence in the overall system, and prevent abuses of power. US law attempts to accomplish these goals through the four key procedural protections mentioned above. The situation in the United States also shows that procedural rules must have some flexibility to accommodate the institutional differences between the Federal Trade Commission and Department of Justice.
Due Process in EU Competition Proceedings
Authors: Martyniszyn Marek
Published: August 2024

This chapter analyses competition law procedures in the European Union through a more general lens of the four features of due process. Part I deals with the question of legal representation. Part II outlines the rules and practices concerning the parties' awareness of the charges they face and the evidence against them. With respect to these two features of due process, the EU competition law procedures are overall very progressive and can serve as a basis of good practices. The remaining discussion turns to issues in relation to which the EU competition procedures face considerable criticism. In particular, Part III presents the scope for engagement between the parties, the case teams, and final decision-makers. Part IV examines the existing checks and balances in the EU competition procedures. The conclusion notes the Commission's awareness of the critique of its procedures and the actions it undertook in response.
Procedural Fairness in Hong Kong Competition Law
Authors: Kwok Kelvin Hiu Fai , Cheng Thomas K
Published: August 2024

This chapter explores the current state of a number of procedural issues under Hong Kong's competition enforcement regime, including the party's right to legal protection, access to case file, agency engagement, and the sufficiency of judicial oversight. It further examines the case of Television Broadcasts Ltd v Communications Authority, which is arguably the only competition law case in Hong Kong. The case concerns an issue of overriding importance that is bound to be litigated under the recently enacted Competition Ordinance (CO): the applicable standard of proof under the CO. Should the courts decide that the criminal standard of proof of beyond reasonable doubt applies under the CO, the enforcement of most provisions in the CO will be rendered practically impossible. Such a ruling would be tantamount to a judicial repeal of the CO.
Claims Made to Authority for the Protection of Human Rights
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu
Published: August 2024

This chapter examines the various claims that many different participants in social process make to authoritative decision for the minimization of deprivations and nonfulfillments and for the better securing and protection of their human rights. It first considers the different participants in world social process who make claims to established decision makers for the prescription and application of community policies in protecting human rights before discussing their perspectives. It then describes the specific types of claims that are made, which can be classified under three main headings: claims relating to the process of deprivation and nonfulfillment of values; claims relating to official demands for derogation under crisis conditions; and claims relating to the constitutive process of authoritative decision. These various claims relate to respect, power, enlightenment, well-being, wealth, skill, affection, rectitude, participation, perspectives, situations, base values, strategies, and outcomes.
The Basic Policies of a Comprehensive Public Order of Human Dignity
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu
Published: August 2024

This chapter proposes a comprehensive public order of human dignity and the basic policies that ought to accompany it. It first considers an observational standpoint that must be established in identification with the whole of humankind and with the explicit postulation of a comprehensive set of preferences about the shaping and sharing of all human dignity values. It then examines the perspectives of a comprehensive world public order, with emphasis on a rational clarification of community policies and preferences relating to respect, power, enlightenment, well-being, wealth, skill, affection, and rectitude. It also discusses the constitutive perspectives appropriate to a public order of human dignity, along with arenas, bases of power, strategies, and outcomes. Finally, it analyzes various conceptions of common interests in human rights of individuals relating to optimum public order as well as the conditions that affect the fulfillment or deprivation of human rights.
Respect as the Core Value of Human Rights
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu
Published: August 2024

This chapter focuses on respect as the core value of human rights. It begins with a discussion of four particular outcomes of respect: a fundamental freedom of choice for all individuals regarding participation in all value processes; equality of opportunity for all individuals to enjoy the widest range of effective choice in their interactions with others; additional rewards in deference to individuals who make key contributions to common interests; and an aggregate pattern of social interactions in which all individuals are protected in the utmost freedom of choice and from possible coercion. The chapter also considers the different kinds of claims that individuals make upon constitutive process for the protection and fulfillment of respect, namely: claims relating to outcomes, participation, perspectives, situations, base values, and strategies. Finally, it discusses the importance of projecting and clarifying general community policies in order to realize the four outcomes of the “respect” value.
Claims Relating to a Basic Equality of Opportunity and Freedom from Discrimination
Authors: McDougal Myres S , Lasswell Harold D , Chen Lung-chu
Published: August 2024

This chapter considers claims relating to a basic equality of opportunity and freedom from discrimination. It begins with a discussion of the general norm of nondiscrimination that is rapidly emerging as an accepted prescription of international law, citing in particular the stated purpose of the United Nations Charter to “achieve international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” It also examines other international instruments that promote nondiscrimination, including the Universal Declaration of Human Rights, the International Covenants on Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, and the Proclamation of Teheran issued by the International Conference on Human Rights in 1968.
Evolution of the System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia
Published: August 2024

This chapter covers the development of the Inter-American Commission on Human Rights and Inter-American Court of Human Rights, focusing on their creation, composition, functions, and relationship to highlight how historical experience influences their operations today. It begins by reviewing the creation of the normative framework for the protection of human rights in the Americas, surveying the historical context, development, and relationship between and among its operational instruments. It then sets out the structure and evolution of the Commission and Court. It also reviews the reporting and recommendation functions of the Commission and their impact in enhancing human rights protections; discusses the creation and early operation of the system’s purely judicial body; and reviews the case system and process of petitioning the Court for consideration of contentious cases.
Petitioning the Inter-American System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia
Published: August 2024

This chapter outlines the means of petitioning the Inter-American Commission and bringing contentious cases to the Inter-American Court. It examines the rules and procedures of the Inter-American system regarding the admissibility of contentious cases, as well as the evolution of the jurisprudence of the Commission and Court on the exhaustion of domestic remedies and jurisdictional requirements. The chapter begins by reviewing the development of the Commission’s individual petitioning process and the path that a complaint takes through the Inter-American system from initial submission to judgment by the Court. It then examines challenges posed by the Commission’s caseload and the number of petitions pending review before discussing the justifications and effectiveness of the preliminary objection system.
Emergency, Armed Conflict, and Human Rights Protections in the Inter-American System
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia
Published: August 2024

This chapter discusses the abilities and scope of state powers to suspend certain human rights protections on a temporary basis and the protections for non-derogable rights in the inter-American system in times of national emergency. It begins by reviewing the legal basis for and Court jurisprudence on the suspension of guarantees under Article 27 of the American Convention. It then discusses prolonged conflicts and the potential for abusing emergency status, before turning to the Court’s jurisprudence on non-derogable rights and situations of armed conflict. The chapter concludes by discussing the relationship of the inter-American system to international humanitarian law, considering two of the Court’s emblematic cases: Bámaca Velázquez v. Guatemala and Massacre of Santo Domingo v. Colombia
The Rights of Children
Authors: Cavallaro James L , Vargas Claret , Sandoval Clara , Duhaime Bernard , Bettinger-Lopez Caroline , Brewer Stephanie Erin , Guzmán Diana , Naddeo Cecilia
Published: August 2024

This chapter begins by defining the meaning of "child" in the inter-American system and surveying the content and relationship of the regional and international instruments that form the normative framework of children’s rights in the Americas. It then surveys how the concept and protection of children’s rights have evolved and how the System defines and determines what is in the best interest of children, and the special measures available to protect those interests under international law in general and inter-American jurisprudence in particular. After setting out the relevant framework to protect children’s rights, the chapter turns to practical questions, for example, how the Commission and Court have addressed violence against children, including in contexts of social unrest and armed conflict, the recent increase in the numbers of unaccompanied, migrant children in the Americas, and states obligations to internally and internationally displaced minors in the Inter-American system.
Article 36 (Information on National Legislation/ Renseignements Portant sur les Lois et Règlements Nationaux)
Authors: Zieck Marjoleine
Published: August 2024

This chapter examines the 1951 Convention's Article 36 and the 1967 Protocol's Article III. According to Article 36, State parties must communicate to the Secretary-General about the laws and regulations they may adopt to ensure the application of the 1951 Convention. On the other hand, Article III of the 1967 Protocol was meant merely to remedy one specific limitation of the 1951 Convention and to extend the Convention's personal scope. Moreover, Article 36's travaux préparatoires are indispensable to the Protocol's Article III. The chapter cites that the Executive Committee (ExCom) identified several obstacles which impede the full and proper implementation of the 1951 Convention and the 1967 Protocol.
Engagement of Domestic Courts with the Findings of United Nations Human Rights Treaty Monitoring Bodies
Authors: Kanetake Machiko
Published: August 2024

United Nations (UN) human rights treaty monitoring bodies put forward their interpretation of human rights treaty provisions through a wide range of general comments and recommendations, State-specific reports, and decisions on individual petitions. How exactly domestic legal practices are intertwined with UN treaty bodies’ findings remains understudied. The chapter examines how domestic courts engage with the findings of UN treaty bodies, which are generally considered as non-binding. Building on an analysis of court decisions, the chapter discusses examples of judicial engagement, and identifies normative pathways that connect domestic courts’ judicial reasoning with the findings of treaty monitoring bodies. Judicial amenability to international findings varies depending on each jurisdiction’s legal and sociological contexts. The flexible deliberative space involving domestic courts and UN treaty bodies allows judges to align with, adjust, or contest treaty interpretations put forward by the international guardians of human rights treaties.
Multilateral Treaties
Authors: McLachlan KC Campbell
Published: August 2024

Chapter 5 discusses the significance of State practice in multilateral treaty-making as a means of achieving systemic integration. It considers this practice by specific reference to the conclusion of multilateral environmental agreements (MEAs). It examines the ways in which, despite the fragmented nature of treaty-making in this field, States have chosen to build interlocking relations between MEAs: through reference to general principles of international law, and the development and widespread adoption of the framework agreement as a means of enabling subsequent development of integrated legal rules. It then analyses key provisions on the interrelation of treaty obligations in the Law of the Sea Convention and Convention on Biological Diversity, as well as the use of the concept of mutual supportiveness.
The Applicable Law of War and Peace
Authors: McLachlan KC Campbell
Published: August 2024

Chapter 7 assesses the record of international tribunals that have applied the principle of systemic integration in armed conflict cases in order to determine the relationship between the law on the use of force, international humanitarian law (IHL), human rights law, and international criminal law. It analyses the reasons why these fields developed separately and the forces driving their closer engagement. This chapter then examines the practice of human rights courts, expert treaty bodies (ETBs), and international criminal courts in determining how other rules of international law are to be taken into account as part of their applicable law.
Exemption from Taxation
Authors: Denza Eileen
Published: August 2024

This chapter considers Article 34 of the Vienna Convention on Diplomatic Relations which stresses the exemption from taxation of a diplomatic agent. According to the Article, a diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except: (a) indirect taxes of a kind which are normally incorporated in the price of goods or services; (b) dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; (c) estate, succession or inheritance duties levied by the receiving State, subject to the provisions of Article 39.4; (d) dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State; (e) charges levied for specific services rendered; and (f) registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.
Statehood and Recognition
Authors: Constantinides Aristoteles
Published: August 2024

This chapter examines questions of statehood and recognition in relation to international law. It first considers cases dealing with the statehood criteria in relation to the contested statehood of various territorial entities before discussing questions of (non-)recognition of states and governments. It then reviews cases involving interrelated questions of secession, legitimacy, occupation/annexation, and state continuity. These cases show that certificates issued by the executive on statehood and recognition are generally conclusive for domestic courts in common law jurisdictions. They also confirm the long-established rules on implied recognition and highlight the relationship between legality and effectiveness in unlawful territorial situations. From an international law perspective, there is no uniformity in the quality of domestic courts’ decisions on statehood and recognition.
Introduction
Authors: Hill-Cawthorne Lawrence
Published: August 2024

This introduction to the book provides a brief background of the subject, highlighting the differences in how international and non-international armed conflicts are governed in international humanitarian law (IHL) and focusing in particular on the differentiated approach to the regulation of armed conflict in relation to internment. This introduction explains why the differences in the legal rules are applicable and indeed worrying in the modern context. The introduction concludes with a discussion of the aims and scope of enquiry of the book, as well as a section on methodology.
Internment in International Armed Conflict under IHL
Authors: Hill-Cawthorne Lawrence
Published: August 2024

This chapter considers the procedural rules applicable to internment under international humanitarian law (IHL) in international armed conflicts. It begins by considering the different statuses of combatant and civilian that structure the law of international armed conflict. For each of these categories of person, the chapter then examines the rules relating to the grounds for internment, the review procedures that must be followed when interning, and the point at which internment must cease; together, these categories of rules constitute what are termed throughout this book as the ‘procedural’ rules applicable to internment. These rules are examined in light of their elaboration in state practice, commentaries, and international and domestic jurisprudence. In so doing, the chapter provides a frame of reference for the remainder of the book, employing this framework to examine the existence or otherwise of equivalent rules for non-international armed conflicts.
Internment in Non-International Armed Conflict under IHL
Authors: Hill-Cawthorne Lawrence
Published: August 2024

This chapter begins the examination of the central enquiry of the book, focusing on the procedural rules under international humanitarian law (IHL) that apply to internment in non-international armed conflict, to assess the claim that IHL is silent here. It begins by considering whether IHL contains a legal basis to detain in non-international armed conflict, concluding that no such basis exists (and must instead be located elsewhere, such as in domestic law). It then examines the treaty rules of IHL that apply in non-international conflicts showing that from these rules one can infer a basic prohibition of internment that is not actually necessary as a result of the conflict. It then considers whether customary international law has eliminated the distinction between the two categories of armed conflict regarding detention, as it has in other areas. It closes with a consideration of the binding nature of IHL for non-state armed groups.
Promoting Market Integrity
Authors: Swan Edward J , Virgo John
Published: August 2024

This chapter discusses market abuse regulation in the UK, covering the duties of market participants, the origins of the standard of fairness, and the EU Market Abuse Directive. Market abuse regulation has two sides: negative and positive. On the negative side, one has a duty to avoid conduct that constitutes market abuse, but on the positive side one has a duty to conduct one's affairs so that they contribute to the fair and efficient operation of the market. The licence that a market participant has to take part in the international financial markets makes that duty superior to duties he may owe to his owners, financers, affiliates, or market counterparties. Under the current market abuse regulations implemented in the UK, the EU and other major jurisdictions, that duty is inescapable.
Interpretation
Authors: Swan Edward J , Virgo John
Published: August 2024

This chapter discusses the interpretation and understanding of the statutes and other regulating provisions on market abuse. The fundamental standard of behaviour is relatively simple: the duty not to compromise the fair and efficient operation of the market or to unfairly damage investors. However, the ways in which this standard will be applied and interpreted are many and flexible. The discussion covers the Code of Market Conduct and Market Abuse Regulation, and the term ‘likely’, which frequently appears in the statutory and Handbook sections relating to market abuse. The term is used to emphasize that in a number of cases, market abuse can result not only from conduct that does cause a particular effect, but also from conduct ‘likely’ to have such an effect.
Market Abuse Cases
Authors: Swan Edward J , Virgo John
Published: August 2024

The Financial Conduct Authority's regulatory remit covers a wide variety of financial instruments and activities. Those wide powers, in combination with regulatory flexibility, is now badly needed. This chapter discusses some selected regulatory decisions and benchmark cases on market abuse. These regulatory decisions cover the following cases: Robert Middlemiss, Arif Mohammed, Peter Bracken, Michael Thomas Davies, Shell, Evolution Beeson Gregory and Christopher Potts, Robin Mark Hutchings, Jason Smith, and Indigo Capital LLC and Robert Johan Henri Bonnier, David Isaacs, Jonathan Malins, GLG Partners LP and Philippe Jabré, Sean Pignatelli, Woolworths Group Plc, Stewart McKegg, and Boyen and Boyen. The benchmark cases include Barclays Bank plc, UBS, other LIBOR Penalties; and foreign exchange, commodity and ISDAfix.
The CIA Torture Report
Authors: Stauffer Hilary
Published: August 2024

The first chapter of Part III of this book presents analysis on the U.S. Senate Select Committee on Intelligence (SSCI) Report on the Central Intelligence Agency's (CIA) detention and interrogation programme. This report came out in August 2014 and had taken five years to complete at a cost of more than $40 million. It was the subject of prolonged wrangling between the Senate and the intelligence community. The chapter concludes by stating that it is impossible to say what ramifications the Obama Administration's rapprochement with international law will have in the long term, if any. At the very least, the publication of the SSCI report provides an important bookend to a particularly painful chapter of American history, and the questions and introspection it has prompted may help ensure that such frenzied methods are never again undertaken in the name of national security. This can only be a good thing.
The conflict with Islamic State
Authors: Coco Antonio , Maillart Jean-Baptiste
Published: August 2024

This chapter looks into conflicts involving Islamic State (IS) which is a radical jihadist armed group that controls vast areas of territory in eastern Syria and across northern and western Iraq. Its exponential rise in 2014 as well as its brutality and cruel practices have sparked fear and outcry in the international community. Its existence has also raised numerous issues under international law, some of which are addressed in this chapter. However, before doing so, the chapter examines three preliminary questions in order to better understand the complexities of the issue at hand. These questions are: how did IS come to life? Is IS a State or a non-State actor? What are the main differences between IS and Al-Qaeda?
War crimes trials at Guantánamo Bay
Authors: Brenner-Beck Dru A
Published: August 2024

This chapter looks at the war crime trials at Guantánamo Bay during 2014. Although the military commissions were proceeding slowly but steadily as would be expected of a judicial system in which little binding precedent exists, stagnation is the word that best describes the Guantánamo military commissions in 2014. Continuing legal uncertainty regarding the permissible jurisdiction of military commissions plus continuing interferences with the military commissions by outside entities resulted in significant delays as the commissions grappled with the legal questions raised, halting the consideration of some or all of the pending pre-trial motions in both cases until these critical issues could be resolved. The chapter concludes by suggesting that trial by military commission was controversial at inception. It argues that also perhaps the government is trapped within its own self-inflicted morass; perhaps these tribunals will begin to gain momentum and move towards just outcomes; or perhaps they will be abandoned in favor of Article III trials. These are all important questions related to legitimacy, efficiency, and the evolution of the laws and customs of war. But ultimately, the chapter states, the individuals responsible for these alleged wartime atrocities and acts of terror must be held to account for their conduct.
Money Laundering and Financial Crime
Authors: Walker George , Purves Robert , Blair Michael
Published: August 2024

This chapter examines the UK policy aimed at combating money laundering and financial crime. It first explains what constitutes money laundering under the October 2004 UK anti-money laundering (AML) policy document, the Terrorism Act 2000 and the Proceeds of Crime Act 2002 (PoCA). It then considers the UK government's Action Plan for Anti-Money Laundering and Counter-Terrorist Finance, along with the relevant provisions of the Financial Services and Markets Act 2000 (FSMA). It also describes the policy backdrop for the UK's fight against money laundering and the international nature of this campaign, the role of the Financial Action Task Force in the fight against money laundering, the European Union's four Money Laundering Directives, the Wire Transfer Regulation, PoCA, Money Laundering Regulations 2007, and the Financial Conduct Authority's (FCA) rules relating to AML. The chapter concludes with an analysis of the Joint Money Laundering Steering Group Guidance.
Introductory Matters
Authors: Zakrzewski Rafal , Fuller Geoffrey
Published: August 2024

This introductory chapter examines general matters of contract law that are particularly relevant to loan transactions governed by English law. It first provides an overview of the elements of a valid contract. It then considers the key principles of English contract law that shape the background necessary to understand English law governed lending documentation. First, the approach of the courts to the interpretation of contracts and the implication of terms is explained in detail. The limited scope for appeals to notions such as good faith or fairness is also emphasised. Next the approach of the courts to contractual discretions is considered in detail as loan agreements often vest significant discretion in the lenders. Strict liability and its mitigation through best or reasonable endeavours standards and force majeure clauses are also explained. The impact of the doctrine of illegality on loan transactions is considered in some detail. Finally, a discussion of enforcement and the remedies available following a breach of contract round off the discussion of the general background principles.
Loan Facilities
Authors: Zakrzewski Rafal , Fuller Geoffrey
Published: August 2024

This chapter examines the structure and content of loan facility agreements. It begins with a discussion of the nature and legal effect of term sheets. It then moves to its central concern which is the examination of the core features of both bilateral and syndicated loan facilities. It guides the reader through the overall structure and contents of such facilities. The financial provisions dealing with benchmark rates are then explained in detail. There follows a discussion of legal issues associated with conditions precedent and a consideration of the legal risks resulting from a wrongful refusal to lend. The chapter then considers issues surrounding payments by the borrower of principal and interest, and the doctrine of penalties. Next provisions which protect the lenders’ rate of return are explained, including increased costs, gross up and indemnity clauses. After the credit monitoring provisions are considered, the most negotiated parts of facility agreements are examined in detail: representations and warranties; covenants and undertakings and events of default and acceleration.
Mann and Proctor on the Law of Money
Authors: Proctor Charles
Published: August 2024

Providing a thorough legal analysis of money in all its aspects, this volume has been the leading text on the private and public law of money ever since the publication of the first edition in 1939. This new edition considers issues that have had a significant impact on monetary law, such as Brexit, virtual currencies, and the continuing shadow of ‘currency wars’. It also includes updated material on central banks and their role in currency and financial stability. The volume deals with the developments and legal challenges of digital money, providing a detailed evaluation of the status of Bitcoin as money. It investigates the challenges that virtual currencies like Bitcoin pose to our fundamental assumptions about monetary institutions and to our understanding and definition of money. In an EU context, the new edition reflects on the legal aspects of the Greek financial crisis, with an updated look at the role of the International Monetary Fund and the European Central Bank. It also includes analysis of the implications of Brexit, developments in damages and interest following on from the Sempra Metals case, the legal definition of a monetary union in Europe, and the conflict of anti-terrorist sanctions blocking financial resources.
The Concept of Money
Authors: Proctor Charles
Published: August 2024

This chapter discusses the general concept of ‘money’, and examines the attempts that have been made to formulate a satisfactory legal definition of this elusive term. Economists have tended to define money by reference to some of its functions, namely: as a medium of exchange, as a measure of value or as a standard for contractual obligations, as a store of value or wealth, and as a unit of account. The proposed legal definition of ‘money’ reflects some of these economic considerations. The chapter then differentiates between the state theory and the institutional theory of money, before considering the modern meaning of money and its status as a means of payment. It also looks at electronic money, the status of foreign money, eurocurrencies, virtual currencies, and central bank digital currencies.
Legal Proceedings and their Effect upon Monetary Obligations
Authors: Proctor Charles
Published: August 2024

This chapter studies whether the institution of legal proceedings have any impact upon the nature or quality of a monetary obligation. The commencement of legal process is a procedural step which is designed to enforce a pre-existing obligation; such a step should therefore have no effect upon the substance of the obligation at issue. This view can only be reinforced when it is considered in a private international law context, where the substance of the obligation is governed by its applicable law while procedural questions are subject to the law of the country in which the proceedings have been instituted. English law now broadly reflects this principle, although inevitably that principle cannot always be applied uniformly. In particular, difficulties may arise where it is necessary to convert one currency into another, for the date of calculation and other matters may tend to distort the substance of the original obligation. The chapter then illustrates the application of the principle by reference to a discussion of English and US law. It also examines exceptions in the context of procedural questions which come to the fore in the context of insolvency and the division of trust funds.
Monetary Obligations—Unliquidated Amounts
Authors: Proctor Charles
Published: August 2024

This chapter focuses on unliquidated amounts. Nominalism has developed and operated in the context of liquidated sums. It must follow that the principle of nominalism can only apply to fixed or stated sums and that the principle cannot apply to obligations involving an unliquidated amount or claim. Instead, the extent of unliquidated amounts depends upon the principles applicable to the relationship at issue; it does not depend upon the law of money. It is the law of damages, breach of trust, restitution, agency, or other legal area which must determine the relevance and impact of variations in monetary value. In all these cases, the claims are unliquidated and require assessment by means of a valuation in terms of money. The extent of these obligations—and the outcome of the valuation process—depends upon the time and criteria by reference to which such process is carried out. The chapter then considers the approach adopted by the English courts in this area, followed by a review of the position adopted by courts in the United States.
Exchange Control under the International Monetary Fund Agreement
Authors: Proctor Charles
Published: August 2024

This chapter evaluates the exchange control under the International Monetary Fund (IMF). In the member States of the IMF, the rule of positive law laid down in Article VIII(2) of the Articles of Agreement of the IMF applies. Article VIII(2)(a) requires that: ‘No member of the Fund shall without the approval of the Fund, impose restrictions on the making of payments and transfers for current international transactions’. Article VIII(2)(b) then seeks to provide a measure of international protection for member countries which impose systems of exchange control which conform to the terms of the Fund Agreement. It should be possible to infer that all members of the Fund have incorporated Article VIII(2)(b) into their domestic law in such manner as may be required to ensure that their courts give effect to that provision in any relevant proceedings. In the United Kingdom, this obligation was fulfilled by the Bretton Woods Agreements Order in Council.
Monetary Sovereignty
Authors: Proctor Charles
Published: August 2024

This chapter explores the extent to which customary international law underpins the national right to issue money and to organize a monetary system. In so far as the currency of an issuing State is concerned, it may be said that the concept of monetary sovereignty exhibits features of both an internal and an external character. ‘Internal’ sovereignty includes the rights to define the monetary system, to devalue the currency, and to operate a monetary policy; ‘external’ sovereignty includes the right to impose a system of exchange control. The principle of monetary sovereignty becomes a little more obscure when one considers the ability of a State to determine the extent to which foreign monetary laws are to be applicable within the borders of that State. The chapter then looks at the effect of monetary sovereignty on international legal disputes, monetary legislation as confiscation, fair and equitable treatment of aliens, and other challenges to monetary legislation.
The Protection of Foreign Currency Systems
Authors: Proctor Charles
Published: August 2024

This chapter addresses the obligation of the State to protect and defend the monetary systems of other States. A State’s duty to protect the monetary systems of other States may arise from treaties or even from an informal network of arrangements. As has been seen, certain aspects of an exchange control system are entitled to a degree of protection by other States by virtue of Article VIII of the Articles of Agreement of the International Monetary Fund, and other duties of protection may arise under bilateral treaties. However, apart from treaties, it would at present not be possible to maintain that customary international law imposes upon a State any general duty of affording protection to the monetary systems of other States. The chapter then looks at the prevention of counterfeiting and the duties of a belligerent occupant and the legitimate government.
The Institutional Framework of Monetary Union
Authors: Proctor Charles
Published: August 2024

This chapter reviews the institutional framework of monetary union. As noted previously, the working definition of a monetary union is heavily dependent upon the need for a single central bank which issues the sole currency constituting legal tender within the territory of the union. Moreover, the crisis that has gripped the eurozone in recent times has focused attention on the institutional structures put in place to support the single currency. It thus remains appropriate to review the institutional arrangements for the performance of the central banking functions, the issue of the currency within the eurozone, and various other matters. The chapter begins by looking at the institutional history. It then considers the establishment, structure, and functions of the European Central Bank (ECB) and the European System of Central Banks (ESCB).
Other Forms of Monetary Organization
Authors: Proctor Charles
Published: August 2024

This chapter explores other forms of monetary organization or arrangement which may have differing degrees of impact on the national monetary sovereignty of the States concerned. It begins by looking at international monetary institutions, the common organization of monetary systems, dollarization, exchange rate pegs, and currency boards. The chapter then considers monetary areas and monetary agreements. Monetary areas are characterized by the fact that restrictions on monetary transfers within the area are abolished, or much reduced. In other words, each of the States within the area maintains a system of exchange control, but applies this system less rigorously to countries which are fellow members of the monetary area. Meanwhile, monetary agreements are treaties or other arrangements which exclusively regulate monetary matters, but which do not seek to create a separate institution for that purpose. Such agreements either have an essentially political character or, otherwise, are of a highly technical nature. A third category of arrangements are of a purely ad hoc character.
Overviews of the Convention and Centre
Authors: Parra Antonio R
Published: August 2024

This introductory chapter provides an overview of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) and the organization established by the Convention, the International Centre for Settlement of Investment Disputes (ICSID). After uncertain beginnings, the Convention and Centre have proven to be remarkably successful. This outcome is largely due to the important place that the Convention and Centre have come to occupy in the settlement of disputes under modern treaties on the promotion and protection of investments. In common with many other treaties, the ICSID Convention contains provisions on its amendment and territorial scope, on withdrawal from participation in the treaty, as well as on disputes between the States parties over its interpretation or application. Meanwhile, the Convention establishes the Centre as a public international organization possessing ‘full international legal personality’. Its organs are the Administrative Council and the Secretariat. ICSID is one of four international organizations that the World Bank helped to set up to perform functions that could not be accommodated under the Bank’s own constituent treaty or institutional structure.