bluuebunny/crossref_metadata_2025 huggingface dataset:
Furmston and Tolhurst on Contract Formation
Authors: Tolhurst GJ , Peden Elisabeth
Published: June 2024

This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, online contracting, and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems, and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort, and the methods of resolving a battle of the forms. This latest edition has been updated to reflect significant court decisions such as Devani v Wells [2019], which ruled on the extent to which implied terms can be used to overcome issues of uncertainty and completeness, as well as Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016], which considered the extent to which issues of contract formation involved issues of law or fact. Although this work is based on English law, decisions in other jurisdictions are drawn upon, such as Australia, Canada, the United States, Singapore, and New Zealand, where these inform the development of principles in English law.
Is There a Duty to Negotiate in Good Faith?
Authors: Tolhurst G J , Peden Elisabeth , Mik Eliza
Published: June 2024

This chapter reviews the duty to negotiate in good faith. The traditional view is that there is no general duty of good faith in negotiation. However, the extent to which good faith has been recognized in the various legal systems around the world varies considerably. The relevance of good faith to contract is potentially very wide. This is because the concept may apply not only to the negotiation process but also to the parties’ performance duties or their decisions on the enforcement of contractual rights. Good faith may have at least two roles where one party alleges that negotiations have not reached the stage of a concluded bargain. One role is to justify the enforcement of an obligation to continue negotiations, not in all cases but in those where the act of breaking off negotiations is capable of being characterized as an example of bad faith. The essence of this is that good faith has a ‘preservation role’: it provides a basis for upholding agreements. The other role relates to ‘pre-contractual liability’.
Foreign Judgments
Authors: Briggs Adrian
Published: June 2024

This chapter deals with the effect of the judgments of foreign courts in England. The point of departure is that unless a statute makes provision for it, a foreign judgment is not, as such, enforceable in England. However, the common law may recognize that the decision of a foreign court has made the cause of action, or particular issues arising within it, res judicata if certain conditions are met; the recognition of a foreign judgment may also pave the way for English proceedings to collect, as a debt, the sum ordered to be paid by the foreign court. The chapter examines the grounds on which a foreign judgment will be, and will not be, recognized, and exposes the underlying principles on which this law is based prior to discussing (and mostly dismissing) proposals for reform. It then considers the enforcement by statute of foreign judgments from certain Commonwealth jurisdictions, and from states party to a bilateral or multilateral treaty with the United Kingdom. It assesses the validity of certain bilateral conventions after the revocation of the Brussels/Lugano schemes and considers the possible adoption of the 2019 Hague Convention on Foreign Judgments.
After the Dust Has Settled
Authors: Zebregs Bas , Serière Victor de , Pearson Patrick , Stegeman Rezah
Published: June 2024

This chapter provides an overview of over-the-counter (OTC) derivatives clearing in Europe. As a consequence of the way in which central counterparties (CCPs) responded to the bankruptcy of Lehman Brothers in 2008 and enabled financial markets to continue to operate during the financial crisis, legislators and regulators immediately and unanimously concluded that (i) OTC derivatives clearing not only reduces systemic risk and enhances financial stability but also (ii) CCPs themselves are systemically important institutions that can potentially raise issues of systemic risk. In 2012, EMIR was adopted, introducing mandatory clearing of designated OTC derivatives, regulatory requirements for CCPs, stricter rules for uncleared OTC derivatives, and a reporting obligation for derivatives to central trade repositories. The chapter then considers the effects of Brexit and presents some relevant market data to illustrate the scope and scale of the OTC derivatives clearing markets in Europe. It also outlines the various chapters in the book.
Development of the Regulatory Regime for OTC Derivatives Clearing
Authors: Pearson Patrick
Published: June 2024

This chapter describes the efforts to regulate the over-the-counter (OTC) derivatives sector. The business of clearing OTC derivatives is inherently global. The chapter begins by looking at the earliest efforts to regulate the sector starting in the United States in 1987; global standard setters’ first discussions in 1997; increasing concerns after the Long-Term Capital Management (LTCM) default; the first non-legislative measures of the European Union (EU) in 2006; and the watershed moment in 2008 after the Lehman’s default unleashed the financial crisis, resulting in a strong call from G20 leaders to introduce tighter, global regulation of the sector. It traces the preparation and adoption of the EU’s regulatory response: the European Market Infrastructure Regulation (EMIR). The chapter then discusses the first material amendment to EMIR: the EMIR REFIT Regulation. It also examines probably the most politically contentious revision of EMIR: ‘EMIR 2.2’, which contains the EU’s response to Brexit in particular, and the legislative proposal of December 2022 to strengthen the EU’s strategic autonomy by reducing its dependence on central counterparties (CCPs) in the United Kingdom. Finally, the chapter considers the CCP Recovery and Resolution Regulation.
Lex Financiera Cryptographia
Authors: Lastra Rosa M , Allen Jason G
Published: June 2024

This chapter discusses the emergence of a lex financiera cryptographia, an ‘international financial and monetary law’ in the context of financial technology (FinTech), which is based on distributed ledger technology (DLT). DLT-based business models often bear characteristics of novelty and hybridity or otherwise sit uneasily within conventional legal and regulatory categories. The chapter also clarifies that the emerging concept of lex financiera as an international financial and monetary law that includes both hard and soft components that are enforced by a mix of national and international institutions. Moreover, this lex financiera cryptographia allows further discernment of the lex mercatoria that recognizes the inherent interconnectedness of normative domains. Thus, the lex financiera cryptographia emerges as a more concrete and and the development of a coherent body of encoded norms—whether those norms have a broader or a narrower relevance for international financial and monetary law.
Regulating Financial Data in the Digital Era
Authors: Corral Luis Urrutia
Published: June 2024

This chapter examines the current status of the regulation of financial data in the digital era and its challenges to cope with that. It cites underlines that data has become a key element in the new shape of financial and payment services offered to the public. Moreover, financial authorities are challenged with the design and implementation of policies that may achieve their objectives to maintain a safe and efficient financial and payment system that protects consumers. The financial system's current state of affairs across jurisdictions demands clarity on the regulatory requirements that financial and payment providers must observe. On the other hand, the existing regulatory framework precludes traditionally regulated providers from reaching a more efficient operation with services. The chapter provides an overview of the complexities of financial data in the international landscape.
Unconventional Monetary Policy in the Euro Area
Authors: Ohler Christoph Martin
Published: June 2024

This chapter presents a comparative analysis of the unconventional monetary policy of the European Central Bank with the Federal Reserve. It looks into the unconventional monetary policy and its varying objectives correlating to the Global Financial Crisis, Euro Crisis, and the COVID-19 pandemic. As developments continued, the monetary policy required the implementation of new policy tools, including asset purchase programmes, negative interest rates and new forms of central bank communication. However, doubts arose with respect to the very low level of long-term interest rates over a long period of time, especially when it could trigger undesired side-effects and impair an efficient allocation of capital.
Financial Standards Are Not Legally Binding … Or Are They?
Authors: Taylor John L , Christou Theodora A
Published: June 2024

This chapter assesses whether private standards can be legally binding in light of fundamental principles of law. Private standards are generally regarded as not legally binding, but instead aspirational objectives or voluntary, ethical good practices. The chapter describes some important standards that banks allegedly adhere to or support and asserts that private standards may be legally binding. Even if the standards are not accepted as law (in the traditional sense), they do open the path to legal reform. It also cites how the finance sector has a key opportunity to provide funding to projects which can result in positive impacts on the economy, the environment, and society.
CIF Contracts
Authors: Bridge Michael
Published: June 2024

This chapter deals with the CIF (cost, insurance, and freight) contract, also the C&F (cost and freight) contract. It lays particular emphasis on the seller’s documentary duties connected with the seller’s entry into proper contracts of carriage and insurance. It treats the seller’s duty to inform the buyer of forthcoming performance by a notice of appropriation (or declaration of shipment). It then deals with timely performance by the seller, who controls the shipping timetable, along with the seller’s documentary duty to provide an on board bill of lading (or an indemnity in lieu) or a ship’s delivery order. Emphasis is laid on the buyer’s need for continuous documentary coverage and on the way the buyer steps into the seller’s shoes in the contracts of carriage and insurance. Finally, issues relating to the discharge of the goods are discussed.
Passing of Property and Risk
Authors: Bridge Michael
Published: June 2024

This chapter deals with the passing of property and the transfer of risk. It sets out the passing of property rules, principally for unascertained goods. Party intention is underlined but the need for ascertainment of the goods before the property can as a matter of law pass is made clear. Statutory reforms giving certain buyers of unascertained goods a shared proprietary interest in an identified bulk is considered in depth. The application of the passing of property rules to FOB and CIF contracts is then considered. The seller’s right to retain the property pending payment is dealt with. The transfer of risk and its application to FOB and CIF contracts is discussed, with particular reference to the retrospective allocation of risk in CIF contracts.
Judgments Recognition in the Absence of the Judgments Convention
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul
Published: June 2024

This chapter notes the recognition and enforcement of judgments in the absence of the Hague Judgment Convention. The recognition and enforcement of judgments from the other States' courts involve the recognition of a sovereign judicial act of one State by the sovereign judicial system of another State and the respect for the foreign legal system. Despite the significance of judgment recognition in a domestic legal system, only a limited number of multilateral legal instruments existed that covered the law of cross-border judgment recognition. The chapter explains the Hague Conference on Private International Law’s history of efforts to adopt a successful convention on the recognition and enforcement of foreign judgments. It also looks into the basic types of national law approaches to judgment recognition.
Interpretation
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul
Published: June 2024

This chapter explores the methods, approaches, and considerations that guided the interpretation of each of the specific provisions of the Convention. Extra-textual sources and canons of interpretation generally are consulted or referenced only if the text itself does not provide an answer. Moreover, the text of any provision could be supported by a variety of different rationales. The chapter cites how interpretation is rooted in the nature and process of approval of the Convention text. The text is the culmination of a consensus process that resulted in an instrument that, once in force, will impose legal obligations on Contracting States by way of a lock-and-key model of judicial cooperation. The chapter also considers the sources of law in interpreting the Convention text.
Scope and Definitions (Articles 1–3)
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul
Published: June 2024

This chapter provides an overview of the commentary regarding the scope and definitions of Articles 1–3 of the Hague Convention. The basic structure of the scope provisions of the Convention begins in Article 1(1) with a scope of application to judgments in civil or commercial matters. Article 2 then proceeds to list matters to which the Convention does not apply and provide further clarifications and amplifications on the scope. Article 3, amongst other things, deploys a broad definition of the fundamental scope of the term judgment. The chapter cites that the articles reflect the basic characteristic of the Convention text of being a highly coordinated and interconnected web. It also considers the other provisions that may affect scope.
Additional Provisions Relating to the Recognition and Enforcement Obligation (Articles 7–15)
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul
Published: June 2024

This chapter covers the additional provision relating to the recognition and enforcement obligation of the Hague Convention. It starts with a brief overview of Chapter II’s regulation of recognition and enforcement of judgments within the scope of the Convention. Article 8 addresses the status of certain judgments that may contain content outside of the scope of the Convention, while Article 9 provides a severability rule. The chapter also details the functions and features of the Convention’s Articles 10–14. It explains how Article 15 preserves the ability of Contracting States to recognize or enforce judgments under their national law.
Equity-Based Partnership Contracts
Authors: Ullah Ikram
Published: June 2024

This chapter covers the concept of sharika or mushāraka, which is effectively an equity-based partnership predicated on a contractual relationship. It explains the three categories of sharika: sharikat-al-ibāḥa, sharikat-al-milk (co-ownership), and sharikat-al-ʿaqd (partnership). Sharikat-al-ibāḥa primarily refers to the common right of the people in ownership by acquisition or gathering of things that are mubāḥ (permissible for such acquisition) and which are not originally owned by anyone. The chapter also looks into the justification, conditions, types, and elements of muḍārab, wherein one partner contributes capital and the other supplies the labour. It elaborates on how the basis for the muḍāraba partnership revolves around offer and acceptance.
Damages and Other Remedies
Authors: Bantekas Ilias , Ercanbrack Jonathan G , Oseni Umar A , Ullah Ikram
Published: June 2024

This chapter covers the availability of remedies of options (Khiyār), damages (ḍamān), and specific performance under Islamic law. It considers options as remedies as they save a party from suffering harm arising from the conduct of another party. Moreover, damān arises from the contract against a party that violates the precise conditions thereof as well as those implied by custom (uʿrf). After the conclusion of the contract of sale, the delivery of the subject matter and thaman are the iltezāmāt (obligations) of the seller and delivery respectively. The chapter then explains that a remedy of specific performance is required for the enforcement of an agreement to sell in which the parties agree to conclude a sale contract over a subject matter in the future.
The Application of Islamic Contract Law in Muslim-Majority Jurisdictions
Authors: Ercanbrack Jonathan G
Published: June 2024

This chapter looks into the application of Islamic contract law in Muslim majority jurisdictions. It focuses on the case study of the United Arab Emirates (UAE) with regards to applying the contractual rules of the sharīʿa reflects the legal, historical, and religious influences of the region, and the social desire to modernize and participate in the global economy. The UAE Civil Code houses most of the country’s contract law doctrine, which is indisputably influenced by the sharīʿa. The chapter discusses the correlation between the Egyptian Civil Code and the UAE Civil Code. It also elaborates on the Commercial Transactions Law that featured the Commercial Code of 1993.
Minority Shareholders
Authors: Joffe KC Victor , Drake David , Richardson KC Giles , Lightman KC Daniel , Collingwood KC Tim , Elias Thomas , Bryan Zahler
Published: June 2024

This authoritative work, now in its seventh edition, is the most detailed reference source on the law relating to minority shareholders. As more and more legal emphasis is put on corporate governance, and as the influence of shareholder activism continues to grow, this book is the leading resource for practitioners requiring up-to-date, detailed information on the rights and remedies available to minority shareholders. The book provides detailed and incisive coverage of section 994 petitions, derivative claims, just and equitable winding-up petitions, and the foreign aspects of shareholder disputes, as well as shareholders' personal claims against companies and the rights conferred on them by the Companies Act 2006. The seventh edition examines all significant recent case law from the UK, including Sevilleja v Marex Financial Ltd on reflective loss, and Loveridge v Loveridge, Re Westshield Ltd, and UTB plc v Sheffield Utd on unfair prejudice. The work also considers case law from courts of other jurisdictions with analogous shareholder provisions, in particular Hong Kong, Singapore, and the Caribbean.
Unfair Prejudice
Authors: Joffe Victor , Collingwood Timothy
Published: June 2024

This chapter deals with the substantive law governing what constitutes unfair prejudice of the kind sufficient to merit relief under s 994 of the Companies Act 2006 (CA 2006). It highlights s 994 which requires a petitioner to establish that the acts or omissions of which they complain consist of the management of the affairs of the company and has caused prejudice to their interests as a member of the company. It also describes the two classes of person that may present a petition: members and those to whom shares have been transferred or transmitted by operation of law. The chapter explains the meaning of unfair prejudice, and the concept of ‘quasi-partnership’ and equitable considerations in relation to unfair prejudice.
Interface with Other Dispute Resolution Forums
Authors: Tan Paul , Goh Nelson , Lim Jonathan
Published: June 2024

This chapter considers how arbitration may interface with other dispute resolution fora. The first part of this chapter begins with a discussion of the interplay between mediation, negotiation, and arbitration. It addresses topics such as the Singapore Convention on Mediation; mediation and negotiation as a precondition to arbitration; and the use of mediation and negotiation during the arbitral process. The second part of this chapter discusses judicial intervention in arbitration, and in particular the recent development of the Singapore International Commercial Court. The third part of this chapter discusses the significance of expert determination, which is enforceable in Singapore if so agreed between the parties.
Interpretation of Part II of the Act
Authors: Tan Paul , Goh Nelson , Lim Jonathan
Published: June 2024

This chapter examines Section 2 of the IAA, which contains definitions relating to the interpretation of Part II of the IAA. This chapter discusses the definitions and interpretations of the terms “arbitral tribunal”, “appointing authority”, “arbitration agreement”, “award”, “Model Law”, and “party” as set out in Section 2 of the IAA, with reference to relevant case law. This chapter also examines how amendments to Section 2 were made to reflect developments in international arbitration, such as the amendments in 2012 to include emergency arbitrators as part of the definition of “arbitral tribunal”, and amendments to the definition of “arbitration agreement” in line with the 2006 updates to the Model Law.
Arbitration Agreements
Authors: Tan Paul , Goh Nelson , Lim Jonathan
Published: June 2024

This chapter discusses the validity and construction of an arbitration agreement, with reference to Section 2A of the IAA. It begins with an overview of arbitration agreements, including a discussion on the separability principle and the law governing the arbitration agreement. It then examines the principles applicable to determining the validity and construction of arbitration agreements, including the pro-validation approach that the Singapore courts take to these issues. The chapter then proceeds to examine the specific provisions in Section 2A of the IAA. It discusses the expansive definition of an arbitration agreement in Section 2A(1) and 2A(2), including the validity of an arbitration agreement where the existence of the agreement is in dispute, as well as optional or asymmetric arbitration agreements. It explains the writing requirement for arbitration agreements in Sections 2A(3), 2A(4), and 2A(5). It also discusses the waiver or estoppel provision set out in Section 2A(6), and the provision for incorporation by reference in Sections 2A(7) and 2A(8).
Stay of Court Proceedings in Favour of Arbitration
Authors: Tan Paul , Goh Nelson , Lim Jonathan
Published: June 2024

This chapter examines stay of court proceedings in favour of arbitration. Where litigation is commenced in Singapore courts, Section 6 of the IAA allows any other party to the arbitration agreement to seek a stay of the court proceedings on the basis that the dispute falls within the scope of an arbitration agreement. The chapter begins by introducing key principles that apply to stay of court proceedings, including the mandatory nature of the stay under Section 6; the parties’ respective burdens of proof in an application for a stay; the prima facie standard of review that will apply in an application for a stay; and other remedies available to the parties (apart from a stay) for breach of an arbitration agreement. It then discusses the requirements for obtaining a stay of court proceedings as set out in Section 6(1) of the IAA, including: the existence of a valid arbitration agreement; the requirement that the applicant be a party to the arbitration agreement; the timing of a stay application; and the requirement that the subject matter falls within the scope of the arbitration agreement. Section 6(2) provides that a stay of court proceedings must be made unless the Court finds that an arbitration agreement is “null and void, inoperative or incapable of being performed”, and the chapter discusses how this proviso has been interpreted. Finally, the chapter also discusses other orders that a court may make in a stay application, including a case management stay.
Setting Aside an Award
Authors: Tan Paul , Goh Nelson , Lim Jonathan
Published: June 2024

This chapter examines the setting aside of arbitral awards under Section 24 of the IAA and Article 34 of the Model Law. Setting aside, also known as annulment, refers to the means of challenging arbitral awards before courts at the seat of arbitration. The chapter begins with a discussion of the scope of a setting aside action and other cross-cutting issues, including: the difference between setting aside actions and other types of challenges to a tribunal’s award; agreements to limit or waive grounds for setting aside; the time limit within which to apply for setting aside; the court’s powers to remit or suspend an award in an action for setting aside; correction and interpretation of the award; rendering of additional awards; and costs issues in setting aside applications. The chapter then examines each of the grounds for setting aside, namely: incapacity of a party or invalidity of the arbitration agreement; lack of proper notice of appointment or inability to present case; excess of authority or jurisdiction; non-compliance with agreement of the parties or the Model Law; non-arbitrability; conflict with the public policy of Singapore; fraud or corruption; and breach of the rules of natural justice.
Immunities of Arbitrators, Appointing Authorities and Arbitral Institutions
Authors: Tan Paul , Goh Nelson , Lim Jonathan
Published: June 2024

This chapter examines the immunities of arbitrators, appointing authorities, and arbitral institutions with reference to Sections 25 and 25A of the IAA. Section 25(a) provides that arbitrators are immune from liability for negligence, and Section 25(b) further provides that any mistakes in law, fact, or procedure in the course of arbitral proceedings, or in the course of the making of an award, cannot found any claim against an arbitrator. However, immunity under Section 25 does not extend to cases where an arbitrator has wilfully misconducted himself or cases of gross negligence. The chapter also discusses the immunity of arbitral institutions or appointing authorities, in respect of the appointment or nomination of arbitrators, under Section 25A.
Jurisdictional Issues in Relation to European Union Rights
Authors: Torremans Paul L C
Published: June 2024

This chapter explains the jurisdictional rules concerning the infringement of European Union intellectual property rights and other disputes related to such rights. It demonstrates that the rights in question concern trade marks, designs, patents, and plant variety rights. The most developed jurisdictional rules are to be found in the area of European Union trade marks, which became the model for designs. Jurisdictional issues arise in a multitude of ways, such as obvious actions for infringement and validity and disputes about the creation or ownership of trade marks. The chapter then details the substantive law background and jurisdictional provisions of trade marks, designs, patents, and plant variety rights.
Choice of Law Elements in the Intellectual Property Conventions
Authors: Torremans Paul L C
Published: June 2024

This chapter discusses the choice of law elements in intellectual property conventions. It highlights how intellectual property rights have been regulated internationally by numerous conventions. However, the conventions do not address the issue straightforwardly, so they do not contain any specific and complete choice of law rules. The chapter then details the qualification rules of the Berne Convention 1886, Rome Convention 1961, Paris Convention for the Protection of Industrial Property 1883, and Agreement on Trade-related Aspects of Intellectual Property Rights. It acknowledges how the identification of the law of the protecting country can cause problems when cooperation agreements concerning the international application, examination, and registration process apply.
Contracts in Relation to the Exploitation of Intellectual Property Rights: The Applicable Law
Authors: Torremans Paul L C
Published: June 2024

This chapter covers contracts in relation to the exploitation of intellectual property rights in correlation with the applicable law. These contracts take various forms like licences, assignments, distribution contracts, and technology agreements that involve more than a simple transfer of intellectual property rights. Regardless of the type of contract, any transfer can be subjected to restrictions of time and scope, so it is submitted that the transfer is the essential point. The chapter elaborates on contractual issues disguised from other issues such as industrial property rights and copyright. It then details the application of the Rome Convention 1980 and Rome I Regulation.
Recognition and Enforcement of Foreign Judgments Relating to Intellectual Property
Authors: Torremans Paul L C
Published: June 2024

This chapter discusses the recognition and enforcement of foreign judgments relating to intellectual property. It notes the recognition and enforcement under the European Union/European Free Trade Association rules and under the traditional English rules. The problems that arise in intellectual property cases range from the close link between intellectual property rights and competition law to the recognition and enforcement of foreign interim orders. The chapter also looks into the enforcement of foreign judgments by statutes and decisions in relation to supranational or semi-supranational rights. Even though the provisions on recognition and enforcement do not create immense problems, reforms are needed concerning non-compensatory damages and worldwide injunctions.
Introduction
Authors: Marshall Brooke
Published: June 2024

This Chapter details the rationale for the book, and sets out its aims, overall purpose, approach and structure. It introduces the key uncertainties relevant to the enforceability and effects of asymmetric jurisdiction clauses, and the Rothschild case of the French Cour de cassation that ignited some of them. How the book’s analysis proceeds in light of Brexit is explained. Three broad types of asymmetric jurisdiction clauses are introduced: Rothschild clauses, unilateral non-exclusive clauses and unilateral indeterminate jurisdiction clauses. The origins of those types in article 17(4) of the Brussels Convention is explored.
Applicability of the 2005 Hague Choice of Court Convention to asymmetric jurisdiction clauses
Authors: Marshall Brooke
Published: June 2024

This Chapter considers whether the 2005 Hague Choice of Court Convention applies to asymmetric jurisdiction clauses. It examines the cogency of suggestions made in obiter in some first instance English cases, notably Etihad Airways PJSC v Flöther and Clearlake Shipping Pte Limited v Xiang Da Marine Pte Ltd, that it does. Those suggestions challenge the orthodox view, supported by the travaux préparatoires to the Convention, that asymmetric jurisdiction clauses are not ‘exclusive choice of court agreements’ for its purposes. The Chapter explores five ways in which the Convention could conceivably apply to the most common type of asymmetric jurisdiction clauses: Rothchild clauses. It proceeds to consider the Convention’s possible application to another type of asymmetric clause: a unilateral non-exclusive clause.
Relevance of the European Convention on Human Rights and Charter of Fundamental Rights of the EU to the enforcement of asymmetric clauses in the EU and England
Authors: Marshall Brooke
Published: June 2024

This Chapter considers the relevance of the European Convention on Human Rights and Charter of Fundamental Rights of the EU to the enforcement of asymmetric clauses in the EU and England. It does so by reference to the fair trial right, guaranteed by both those instruments, and to the freedom to conduct a business secured by the latter. Specifically, it asks whether the right to a fair trial may limit, and the freedom to conduct a business may corroborate, the enforcement of asymmetric jurisdiction clauses, proceeding on the basis that asymmetric clauses are, at least notionally, waivers or restrictions by one party of certain elements of its fair trial right. It examines the extent to which the ancillary procedural clauses that generally accompany asymmetric clauses, such as forum non conveniens or FNC waivers, and concurrent proceedings provisions, shape the analysis.
Torts in UK Foreign Relations
Authors: Grušić Uglješa
Published: June 2024

Can English courts hear tortious claims for wrongs allegedly committed by British armed forces and security services during their overseas operations? Can foreign judgments given on such claims be recognized and enforced in the UK? Should such foreign judgments ever be recognized and enforced in the UK? Most of these questions have arisen in cases dealing with the tortious liability of the UK government and its officials for extraterritorial public acts committed during the conflicts in Kosovo, Afghanistan, and Iraq. This book examines the English courts’ treatment of such issues and offers a better understanding of this contested area of private international law. In addition to demonstrating that a defining characteristic of these tortious claims is how they are often subjected to the choice-of-law process and lead to the application of foreign law, the book also criticizes this current approach and argues that English tort law should play a more prominent role.
Crown Acts of State
Authors: Grušić Uglješa
Published: June 2024

Chapter 2 focuses on the nature and operation of the Crown act of state doctrine. It shows that both rules of the Crown act of state doctrine and the related doctrine of combat immunity set the outer limits of the subject-matter jurisdiction of English courts. It also maps out the complex relationship between tort law, private international law, domestic public law, and public international law that is involved in the application of the Crown act of state defence. The chapter deals with the likely impact of the proposed Bill of Rights on tortious claims arising out of the external exercise of British executive authority. It addresses the question whether tort law could offer adequate remedies where the judicial remedies created by the bill are excluded.
Law Governing the Tortious Liability of UK Government Officials
Authors: Grušić Uglješa
Published: June 2024

Chapter 7 highlights the English courts that have adopted different approaches to determining the law applicable to the issue of conditions for imposing tortious liability on UK government officials, which includes the application of English law, foreign law, and transnational law. It looks at the tortious liability of UK government officials and discusses the law applicable to the tortious liability of UK government officials acting as primary tortfeasors and as participants in another person’s wrongful conduct. It also examines the conflicts with the rhetoric of English courts that usually state that the foreign lex loci delicti applies to tortious claims arising out of the external exercise of British executive authority. The chapter reviews the relationship between private and public law, domestic and foreign law, and national and international law. It covers cases that indicate how the real bone of contention has often been the assessment of lawfulness of a relevant conduct.
Recognition and Enforcement of Foreign Judgments
Authors: Grušić Uglješa
Published: June 2024

Chapter 10 examines the English law that would apply to the recognition and enforcement of foreign judgments given on tortious claims arising out of the external exercise of British executive authority. It shows that some tortious claims arising out of the external exercise of British executive authority fall within a territorial tort exception to state immunity. It also deals with the recognition of judgments given against the UK by the courts of another contracting state to the European Convention. The chapter argues that tortious claims arising out of the external exercise of British executive authority have a prominent public law side that inevitably influences the resolution of private international law issues that arise. It examines the treatment of foreign judgments given against the UK by the courts of the other contracting states to the European Convention on State Immunity and the courts of other states.
CJEU case law and the interplay with policy and legislative action in the Digital Single Market
Authors: Rosati Eleonora
Published: June 2024

This final chapter tackles recent EU copyright reform initiatives. It focuses in particular on the history of some of the provisions of the DSM Directive to show that the very choice to intervene in respect of certain issues (e.g. what is now regulated by Articles 8(1), 12, and 16 of the DSM Directive, i.e. licences for the use of out-of-commerce works, collective licences with an extended effect, and remuneration for private copying, respectively) was prompted by specific judgments of the Court of Justice of the European Union (CJEU). In other areas—including the exclusions of acts of hyperlinking and very short extracts from the scope of protection of the press publishers’ related right in Article 15, the notion of ‘communication to the public’ and the obligations of online content-sharing service providers (OCSSPs) in Article 17, and the ‘codification’ of CJEU case law on originality in Article 14—the legislative history and resulting provisions may be only understood if read in the light of the jurisprudential evolution undertaken over time, including prior to the adoption of the DSM Directive, at the CJEU level.
Who Needs a Proof of the Principle of Non-Contradiction?
Authors: Clarke Timothy
Published: June 2024

The topic of this paper is Aristotle’s ‘proof by refutation’ of the Principle of Non-Contradiction (Metaphysics Γ 4, 1006a11–1007a20). I consider a worry which has often been raised in connection with this proof. The worry is that, faced with an opponent who is prepared to tolerate contradictions, the argument is dialectically powerless: it is incapable of getting them to abandon their position. In reply, I argue that the proof needs to be seen in its proper context, that is, as part of Aristotle’s response to an opponent who demands a demonstration of the principle. This allows us to clarify the purpose of the argument and answer the worry about its effectiveness.
Clinical spectrum, phenotypic and molecular characterization, and antifungal susceptibility of an emerging human pathogen, Acrophialophora, from India
Authors: Kaur Harsimran , Gupta Parakriti , Ahmad Haseen , Shankarnarayan Shamanth Adekhandi , Salunke Pravin , Bansal Deepak , Shah Anand , Tarai Bansidhar , Patel Kamlesh , Singla Nidhi , Samaddar Arghadip , Jain Neha , Ghosh Anup , Chakrabarti Arunaloke , Rudramurthy Shivaprakash M
Published: June 2024

Acrophialophora is implicated in superficial and invasive infections, especially in immunosuppressed individuals. The present study was undertaken to provide clinical, microbiological, phylogenetic, and antifungal susceptibility testing (AFST) profile of Acrophialophora isolated from India. All the isolates identified as Acrophialophora species at the National Culture Collection for Pathogenic Fungi, Chandigarh, India were revived. Phenotypic and molecular characterization was performed, followed by temperature studies, scanning electron microscopy (SEM), and AFST. We also performed systematic review of all the cases of Acrophialophora species reported till date. A total of nine isolates identified as Acrophialophora species were identified by molecular method as A. fusispora (n = 8) and A. levis (n = 1), from brain abscess (n = 4), respiratory tract (n = 3), and corneal scraping (n = 2). All patients but two had predisposing factors/co-morbidities. Acrophialophora was identified as mere colonizer in one. Temperature studies and SEM divulged variation between both species. Sequencing of the internal transcribed spacer ribosomal DNA and beta-tubulin loci could distinguish species, while the LSU ribosomal DNA locus could not. AFST showed the lowest minimum inhibitory concentrations (MICs) for triazoles and the highest for echinocandins. Systematic literature review revealed 16 cases (11 studies), with ocular infections, pulmonary and central nervous system infections, and A. fusispora was common species. All the patients except three responded well. High MICs were noted for fluconazole, micafungin, and caspofungin. This is the first study delineating clinical, phenotypic, and genotypic characteristics of Acrophialophora species from India. The study highlights microscopic differences between both species and emphasizes the role of molecular methods in precise identification. Triazoles appear to be the most effective antifungals for managing patients.
Jurassic Park approached: a coccid from kimmeridgian cheirolepidiacean Aintourine Lebanese amber
Authors: Vršanský Peter , Sendi Hemen , Kotulová Júlia , Szwedo Jacek , Havelcová Martina , Palková Helena , Vršanská Lucia , Sakala Jakub , Puškelová Ľubica , Golej Marián , Biroň Adrian , Peyrot Daniel , Quicke Donald , Néraudeau Didier , Uher Pavel , Maksoud Sibelle , Azar Dany
Published: June 2024

With the exception of a fly and a mite from the Triassic of Italy, all Mesozoic amber arthropods are from the Cretaceous. Late Jurassic Lebanese amber from Aintourine revealed a completely preserved adult coccid male (wing length 0.8 mm), Jankotejacoccus libanogloria gen. et sp. n., the earliest record of a plant sucking scale insect. Associated plant material included the cheirolepidiaceans Protopodocarpoxylon, Brachyphyllum and Classostrobus, plus Classopolis pollen, suggesting a forested temporary swamp habitat with ferns, tree ferns, water ferns, tall araucarian and ginkgoacean trees and shrubs. (Sub)tropic lateritic soil with vegetation debris underwent incomplete microbial decomposition in an anoxic water environment of peat swamp development. Strata-associated marine organisms support the Kimmeridgian age revealed by zircons. The discovery opens a new field of research in Jurassic amber fossils.
A Quantitative Exploration of the Influence of Tobacco Use on Poverty in India
Authors: John Rijo M , Dauchy Estelle P
Published: June 2024

Introduction

Tobacco use has a disproportionate impact on lower socioeconomic groups in India. The study quantifies the number of people who would fall under the national poverty line if the direct spending on tobacco and healthcare expenditures attributable to tobacco use were subtracted from their monthly expenditures. It also aims to estimate the extent to which tobacco use increases the probability of poverty status in India.

Aims and Methods

We quantify the increase in poverty by multiplying the difference between headcount ratios with and without tobacco-related spending by population size. We use propensity score matching to estimate the extent to which tobacco use increases the probability of poverty.

Results

About 18.4 million (1.5% of all Indians) are pushed into poverty due to either direct tobacco-related expenditures or tobacco-related healthcare spending. Tobacco use increases households’ likelihood of being poor by 3.4%–3.7%.

Conclusions

With over 22% of the global poor, achieving poverty reduction goals is a significant challenge for India. We show that this challenge is accentuated by increased tobacco spending, which pushes millions of Indians into poverty. To address this, the Government of India must implement both fiscal and non-fiscal policies that regulate tobacco use and, in turn, contribute to poverty reduction in the country.

Implications

Tobacco use has a disproportionate impact on lower socioeconomic groups in India, leading to increased and deeper poverty. This paper finds that, based on existing proven measures of poverty, tobacco use accounts for an additional 18.4 million poor individuals. It also shows that tobacco use increases the likelihood of a household being classified as poor by 3.4% to 3.7%. As India is home to a significant proportion of the global poor, addressing tobacco use becomes crucial for global and domestic poverty reduction goals. Fiscal and non-fiscal policies can be used to regulate tobacco and potentially reduce poverty levels in India.
Kinematic characteristics of calanoid copepod appendage motion
Authors: Svetlichny Leonid , Uttieri Marco
Published: June 2024

Propulsion by copepods requires high-speed video and intensive analyses. Routine smooth swimming is compared with small relocation jumps and escape reactions, relying on kinematics analyses of appendage movement. In this study, we used high-speed video at 1200 frames per second to determine the kinematic parameters of three types of swimming in Eurytemora affinis females: routine steady swimming, small relocation jumps and escape reactions. The average speed varied in the range 0.30–0.82 cm s−1 during steady routine swimming. This value increased to 4.48 ± 1.01 cm s−1 during small relocation jumps, and reached 21.94 ± 2.68 cm s−1 during escape reactions. The small angular amplitude (40–50°) and the very high beat frequency (63–80 Hz) of the cephalic appendages during routine swimming indicate that E. affinis is a feeding-current feeder. The comparison of the angular displacements of the antennules, thoracic legs and abdomen with respect to the movement speed demonstrates that, both in the case of small relocation jumps and during escape reactions, the main propulsive role is played by the thoracic swimming legs and abdomen.
Understanding the relationship between quality of life, anthropometric measures and mental health in individuals with obesity
Authors: Tomé-Fernández Mario , Sánchez-Sansegundo Miriam , Berbegal-Bernabeu Marina , Zaragoza-Martí Ana , Tuells José , Hurtado-Sánchez Jose Antonio
Published: June 2024

Background

Obesity is a chronic medical condition caused by an excessive accumulation of body fat that represents a major risk factor for public health. The relationship between obesity, quality of life (QoL) and mental health has been examined in some previous literature. However, the studies found have not linked anthropometric variables with QoL factors, as they have used generic questionnaires.

Objective

The present study aimed to analyse the influence of anthropometric variables on the QoL of people with obesity and examine its relationship with psychological variables.

Methods

It was a cross-sectional study composed of 77 Spanish participants adults (M = 45.12 years; SD = 10.29) collected from two different research projects. The measurements were carried out in the Faculty of Health Sciences of the University of Alicante (Spain), including sociodemographic variables, anthropometric data and psychological questionnaires.

Results

The finding demonstrated the relationship between anthropometric variables and all QoL factors. Also, individuals with lower QoL exhibit more symptoms of depression, anxiety and stress and are more prone to emotional eating.

Conclusions

The findings highlight the necessity of integrating psychological support into obesity treatment strategies, as well as the importance of using QoL questionnaires specific to people with obesity.