bluuebunny/crossref_metadata_2025_split huggingface dataset:
Provisions Common to the Right of Residence and the Right of Permanent Residence
Authors: Guild Elspeth , Peers Steve , Tomkin Jonathan 
Published: March 2020

Abstract
This chapter addresses Chapter V of the citizens’ Directive, which sets out a number of overarching provisions that apply both to the right of residence and the right of permanent residence. The Articles in Chapter V define the territorial scope of residence rights (Article 22) and confirm the entitlement of family members of EU citizens who move within the EU to engage in economic activity (Article 23). Further provisions elaborate on the application of the principle of equal treatment to migrant Union citizens and their family members (Article 24) and clarify the status of residence documents issued by national authorities (Article 25). Chapter V also regulates the entitlement of Member States to carry out checks on non-nationals (Article 26). Chief among these provisions is the principle of equality, which also overlaps with equal treatment rules in legislation governing the free movement of workers and the Treaty rules on equal treatment in relation to EU citizenship.
Restrictions on the Right of Entry and the Right of Residence on Grounds of Public Policy, Public Security, or Public Health
Authors: Guild Elspeth , Peers Steve , Tomkin Jonathan 
Published: March 2020

Abstract
This chapter assesses the restrictions on the right of entry and the right of residence on grounds of public policy, public security, or public health. The secondary legislation adopted specifically to give precision to this exception was Directive 64/221, which continued to apply until it was repealed by Directive 2004/38. It set out the meaning of and limitations upon the right of Member States to exclude or expel EU citizens or their family members on grounds of public policy, public security, and public health. All EU citizens and their family members who move from their home Member State to another Member State are entitled to enter and reside unless the host Member State can establish that one of these three grounds applies. These exclusions are foremost among the ‘limitations’ referred to in Article 21 TFEU on citizenship of the Union.
Final Provisions
Authors: Guild Elspeth , Peers Steve , Tomkin Jonathan 
Published: March 2020

Abstract
This chapter explores the final provisions of the citizens’ Directive, which do not concern a single specific issue. Rather, they concern the effective implementation of the Directive as a whole. They include provisions which are absolutely essential for the Directive to have any legal effect at all as well as those deemed necessary to ensure its effective implementation in practice. The most significant provision of these is Article 35, which concerns fraud or abuse of rights. This Article is unobjectionable to the extent that it confirms prior case law and merely reiterates that persons who do not qualify for the rights in the Directive cannot rely upon it. However, this statement begs the question as to who benefits from the rights in the first place. In the interests of legal certainty, it would be useful if the Court of Justice took an early opportunity to clarify the meaning of this clause.
Understanding the Boom
Authors: Henstridge Mark 
Published: March 2020

Abstract
This chapter sets out a framework for thinking about the challenges presented by a natural resource boom. A significant natural resource discovery creates excited expectations of near-future wealth. But the size of a boom is usually overestimated and the delay in receiving revenues is underestimated—each country that finds the opportunity of natural resources disappointing does so in its own way. The author takes stock of the sequencing, timing, and scale of the development of a natural resource endowment in a developing country; reviews the ‘resource curse’ literature; looks at benchmarks of scale and timing so as to put potential booms into the context of the challenges of economic development, growth, and structural change in Africa, including the role played by institutions. In concluding, the author details key challenges for a developing country managing a natural resource boom, and pulls together observations on policy.
The Boom, the Bust, and the Dynamics of Oil Resource Management in Ghana
Authors: Aryeetey Ernest , Ackah Ishmael 
Published: March 2020

Abstract
Oil resources are neither a curse nor a blessing. In order to translate Ghana’s oil resources into inclusive development amid high expectations, several laws and regulations have been passed and new institutions created. Despite the presence of the new institutions, laws, and regulations, spending from petroleum revenues appears to be rather thinly spread and inefficient, defeating the purpose of diversification and leading to high debt and cost over-runs. On a positive note, the government and Bank of Ghana have been complying with most of the transparency requirements. It is essential that spending from petroleum revenues is guided by a medium- to long-term inclusive development strategy based on proper needs assessment, global trends, feasibility studies, and possible growth dynamics. Expenditure needs to be rationalized and investment guidelines developed and implemented.
Local Content Law and Practice
Authors: Ackah Charles Godfred , Mohammed Asaah S. 
Published: March 2020

Abstract
Local content and local participation policy and legislation have come to stay in Ghana’s oil and gas industry. The policy and legislation have been described largely as adequate, promising, and necessary to promote local content and local participation in the oil and gas industry. Implementation of the policy and legislation has, however, produced mixed results, according to industry stakeholders and researchers. Evidence suggests some level of compliance by international oil companies to implement the policy and legislation on local content. Some Ghanaian companies have been awarded contracts to provide essential services and goods to these international oil companies during exploration and production. Several factors, however, militate against effective implementation of the policy and legislation. Notable among these are the low capacity of local firms, discrimination against local firms by international oil companies through vertical integration, and the weak regulatory capacity of the Petroleum Commission to enforce local content implementation.
Mozambique—Bust before Boom
Authors: Roe Alan R. 
Published: March 2020

Abstract
This chapter is a sequel to an earlier study that looked in broad terms at many of the issues that Mozambique faces in managing its new extractive resources. The chapter first describes the investment surge prompted by new gas discoveries, then summarizes some recent literature that examines the effects of such resource surges in other countries. It next examines aspects of the disappointing economic outcomes seen through 2018, and analyses some of the implications of these outcomes for future policy. The chapter concludes by exploring the epidemiology of a large public investment surge. In following this sequence of argument, the chapter also throws light on a number of critical general policy questions—such as the route to economic diversification and the need for both institutional change and improved policy co-ordination—that arise in the context of a major new resource discovery.
The Construction Sector in Tanzania
Authors: Kikwasi Geraldine J. , Escalante Cecilia 
Published: March 2020

Abstract
The construction sector—via, for example, housing, roads, bridges, water, health, and power infrastructure—is a key enabler for social and economic development worldwide. In Tanzania, the sector growth rate is well above the general economy and has maintained positive growth in response to the country’s investments in commercial and residential buildings and infrastructure projects. Despite the promising growth over recent decades, the sector encounters bottlenecks and challenges in the areas of access to land, construction permits, skills, and availability of materials and equipment that hinder the potential of the sector as a contributor for achieving the vision of reaching middle-income country status. The structure of the sector, underlying policies, challenges, and recommendations are at the centre of discussion in this chapter.
Uganda’s Oil
Authors: Wolf Sebastian , Potluri Vishal Aditya 
Published: March 2020

Abstract
This chapter studies Uganda’s journey to become a petroleum producer and provide estimates regarding the size and timing of the oil revenues. At an average US$38 per capita per year over a thirty-three-year period, oil revenue by itself will not be transformational for the Ugandan economy but it could provide a welcome boost. The question is whether the Ugandan government will manage to avoid squandering it, and will transform the country’s natural resource assets into productive assets. To this end, the government has made significant changes and additions to the policy and institutional framework that will govern the use of revenues, adapted from the Norwegian model. We study the framework put in place and identify a number of potential shortcomings. Weaknesses in public investment management further raise doubts about the transformational impact of the planned investments.
Enhancing Local Content in Uganda
Authors: Sen Ritwika 
Published: March 2020

Abstract
This chapter analyses policy options to promote local content in Uganda as it transitions to an oil-producing country. It contends that productive linkages between oil and gas exporters and domestic suppliers in a range of ‘connected’ goods and services sectors can be a source of broad-based economic growth. However, the success of policy initiatives or extensive regulatory requirements will ultimately hinge on domestic firm capabilities to overcome barriers to entry into the global industry. The analysis comprises an evaluation of existing local content policies in Uganda, a mapping of the natural resource value chain, and an assessment of domestic firm capabilities to supply the anticipated demand for goods and services from the oil and gas industry.
The Construction Sector in Zambia
Authors: Cheelo Caesar , Liebenthal Robert 
Published: March 2020

Abstract
The construction sector plays a critical role in delivering quality infrastructure, which in turn influences the use of natural resource revenues towards achieving structural change and development. We use industrial organization and political economy lenses to describe and understand the organization of and changes in the construction industry in Zambia, focusing on demand-side factors; supply-side issues; market interactions through prices and costs; and public institutions, regulations, policies, and structures. We establish the main firm-level, industry-wide, and macroeconomic bottlenecks affecting Zambia’s construction sector, and offer options for dealing with the key bottlenecks. We suggest institutional reforms and legal and regulatory changes governing procurement and contracting rules and systems; training and other capacity-building programmes; greater access for local contractors to existing financing sources, including the Skill Development Levy; a review and update of the local content and subcontracting strategy and policy; and state-supported and financed research and development programmes.
National Partiality, Immigration, and the Problem of Double-Jeopardy
Authors: Frick Johann 
Published: March 2020

Abstract
A foundational conviction of contemporary liberal thought is that all persons matter equally. However, states frequently pursue policies that are strikingly partial towards compatriots over foreigners. A common strategy for justifying this partiality appeals to associative obligations incurred by standing in special relationships with fellow citizens. Such arguments face an important hurdle. This chapter argues for a “Boundary Principle”, according to which special relationships among members of a group cannot justify strong forms of partiality, unless the boundaries of this group can also be justified. Hence, arguments from associative obligations are, by themselves, incomplete. Most states limit migration, and thereby prevent willing people from entering into those relationships with us that would generate associative obligations on our part. A successful defense of national partiality in terms of associative obligations is therefore more closely tied to the question of what restrictions can be placed on immigration than most political philosophers have recognized.
Relevance Rides Again?
Authors: Gils Aart van , Tomlin Patrick 
Published: March 2020

Abstract
Often institutions or individuals are faced with decisions where not all claims can be satisfied. Sometimes, these claims will be of differing strength. In such cases, it must be decided whether or not weaker claims can be aggregated in order to collectively defeat stronger claims. Many are attracted to a view, which this chapter calls Limited Aggregation, where this is sometimes acceptable and sometimes not. A new version of this view, Local Relevance, has recently emerged. This chapter seeks to explore and evaluate this view. In order to do so, the chapter offers a more precise interpretation of this basic approach, calling it ‘Sequential Claims-Matching’. The chapter shows how Sequential Claims-Matching avoids problems that dog other Limited Aggregation views but suffers from difficulties and ambiguities of its own. In particular, the chapter shows that it is hard to accommodate some core Limited Aggregation intuitions around tie-break cases within the Local Relevance view.
Evening in America
Authors: Sinykin Dan 
Published: March 2020

Abstract
James Baldwin’s observation that “American investments cannot be considered safe wherever the population cannot be considered tractable” could serve as a précis for Cormac McCarthy’s Blood Meridian. I show how McCarthy’s novel traces US scalp hunters in northern Mexico in the aftermath of the US-Mexican War as they clear the land of intractable Indians—i.e. slaughter them for cash—so the United States can pivot from settler colonialism to economic imperialism. The scalp hunters prove as bad for capital as the Indians they decimate, debauching cities, taking Mexican scalps that might pass as Indian, and destroying the means of production. Writing from late twentieth-century capitalist crisis, McCarthy depicts a constitutive violence that capitalism has unleashed, but cannot control. What remains, for McCarthy, beyond capitalism is the excess that fells it, a drive to violence.
Rules of Engagement and the International Law of Military Operations
Authors: Hosang J.F.R. Boddens 
Published: March 2020

Abstract
This study analyses the role and function of the rules on the use of force (rules of engagement (ROE)) for military operations in terms of the interaction between the various bodies of international and national law applicable to such operations and the actual conduct of the operations in question. It explains how ROE act as a linchpin between the law, including the academic study of the law, and the actual conduct of military operations in practice. In order to structure this analysis and explanation, the book offers a brief introduction to general concepts related to rules on the use of force (ROE and otherwise) and the process of planning military operations, followed by in-depth discussions of the application of (the law of) self-defence, international humanitarian law, international human rights law, and international and national criminal law in the context of military operations. Based on the conclusions and observations of the constituent chapters and observations from practice, this book examines the classical conceptual model of ROE and offers a refinement of that model to explain the interaction between law and ROE. As such, the book serves as a ‘bridge’ between academic theory and operational practice, as well as between the academic world and the conduct of military operations.
Basic Principles of Rules of Engagement
Authors: Hosang J.F.R. Boddens 
Published: March 2020

Abstract
This chapter provides a general introduction to the concept of rules of engagement (ROE) and similar rules on the use of force. It discusses the basic principles and purposes of ROE in military operations and presents a classical model of ROE. In that model, the influences of operational, political, and legal aspects of the use of force are combined to produce the basis for ROE. The chapter also discusses derivative instructions, such as ‘soldier’s cards’, and special forms of ROE. Finally, the chapter discusses the operational planning process to explain the placement of ROE in the overall military operational planning procedures and concepts.
Jus ad Bellum and Military Command
Authors: Hosang J.F.R. Boddens 
Published: March 2020

Abstract
This chapter discusses the various legal bases for the use of force, including national self-defence and the criteria for national self-defence, examining the law governing the initiation of the use of force, jus ad bellum. It also looks at the various command and control systems applicable to both the operations and the operational planning process. Further, it discusses the role of non-State actors in the context of national self-defence as well as the use of force on the territory of third States in the context of a non-international armed conflict.
Rules of Engagement and Humanitarian Law
Authors: Hosang J.F.R. Boddens 
Published: March 2020

Abstract
The focus of this chapter is on the law of armed conflict and as such, analyses the influence of international humanitarian law (IHL) on the rules on the use of force, discussing the implementation of specific elements of IHL, in particular the principle of distinction in the rules of engagement (ROE) which authorize the use of force against persons and objects. Further, in discussing the principle of distinction, specific attention is given to the role of ROE as regards targeting persons and objects, including the concept of direct participation in hostilities and the difference between status-based targeting and behaviour-based targeting. This chapter will also explore other elements of the principles of IHL, such as proportionality and precautions in attack.
Rules of Engagement and Human Rights Law
Authors: Hosang J.F.R. Boddens 
Published: March 2020

Abstract
This chapter analyses the interaction between rules of engagement (ROE) and international human rights law. To support the analysis, the chapter first discusses the extraterritorial applicability of international human rights law in the context of international military operations, drawing on the case law of several human rights law bodies. The chapter then discusses the interaction between international humanitarian law (IHL) and international human rights law, including a discussion of the differences in meaning of the concepts of necessity and proportionality in each paradigm. The role of international human rights law in the ROE is discussed, especially regarding the right to life.
Rules of Engagement and (International) Criminal Law
Authors: Hosang J.F.R. Boddens 
Published: March 2020

Abstract
This chapter discusses the role of rules of engagement (ROE) in the context of criminal law and the influence of criminal law on ROE, continuing on to examine the two principal roles ROE can play in the criminal law context: as an accusatory device and as an exculpatory device. Further, it explores the concept of ‘ROE crimes’ and analyses the concept of mens rea in the context of ROE and military operations, with special emphasis on the role of the defence of superior orders in (international) criminal law. The chapter concludes with a discussion of several criminal law cases centred on ROE.
Trade Estimates
Authors: Cobham Alex , Janský Petr 
Published: March 2020

Abstract
International trade plays an important role in some of the most prominent studies aimed at estimating the scale of illicit financial flows (IFF). This chapter provides a critical survey of the leading estimates of trade-based IFF, addressing separately the strengths and weaknesses of methodologies that rely on data at the country, commodity and transaction level. The current state of data availability makes a trade-off between coverage and quality of estimation inevitable, and at present no approach in this area yields sufficiently a strong, global series. There are a number of promising areas for future development, but unfortunate trade-offs will remain unless there is a step change in data availability.
International Corporate Tax Avoidance
Authors: Cobham Alex , Janský Petr 
Published: March 2020

Abstract
exy2Tax avoidance by multinational companies is the most widely recognised tax abuse, and also the most heavily researched aspect of illicit financial flows (IFF). This chapter provides a critical survey of the leading estimates, highlighting the range of methodological innovation and alternative data. While the global range of estimated revenue losses is wide (between around $200bn and $600bn a year), consistent findings include that it is only a handful of jurisdictions that benefit from profit shifting at the expense of all others; and that lower-income countries lose the highest share of current tax revenues. While there is no single, perfect estimate in the literature, it does point the way to a potential indicator for the UN target.
New Proposals for IFF Indicators in the Sustainable Development Goals
Authors: Cobham Alex , Janský Petr 
Published: March 2020

Abstract
The search for indicators for the UN target to reduce illicit financial flows (IFF) is complicated by data issues and the difficulties of estimating what is deliberately hidden. In this chapter, we propose our two preferred indicators, that address instead the measurable consequences of IFF. In this chapter we lay out the two measures, and evaluate their strengths and weaknesses including in respect of data availability and potential work-arounds at national level. Both measures use relatively newly available data to establish scale: in the first case, the scale of the misalignment between where multinational companies carry out their economic activity, and where they are ultimately able to declare the resulting profit; and in the second case, the scale of offshore wealth which is undeclared to tax authorities.