bluuebunny/crossref_metadata_2025_split huggingface dataset:
Concluding Remarks
Authors: Rodger Barry , Ferro Miguel Sousa , Marcos Francisco 
Published: March 2021

Abstract
This chapter reflects on how the book has examined the implementation of the EU's Antitrust Damages Directive across a selected number of key Member States and how its transposition has impacted on one particular aspect of the EU competition law enforcement framework: private enforcement through competition damages claims. It has discussed the national transposition processes, debates, and final measures introduced and implemented, and how best to incorporate the Directive within the pre-existing national legal provision, as well as considering some of the key problems in implementing the Directive. A number of unresolved and complicated issues have been identified, such as those relating to the practical application of the rules on the presumption of harm, passing-on and quantification of damages, how to determine liability within groups of companies, how to apportion joint and several liability between co-infringers, and consumer/collective redress in the competition law context.
Horizontal Cooperation Agreements
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas 
Published: March 2021

Abstract
This chapter focuses on horizontal cooperation agreements. Horizontal cooperation agreements are agreements that are entered into by undertakings operating at the same stage of the value chain in order to achieve a variety of efficiencies. While these agreements are generally pro-competitive, they may, however, raise anticompetitive concerns. Under EU law, horizontal cooperation agreements are generally not considered to be agreements that have as their object the restriction of competition, although there may be exceptions. Indeed, as these cooperation agreements may adversely affect the parameters of competition, competition law has taken an interest in them. Cooperation agreements are typically caught by Article 101(1) TFEU. Nevertheless, horizontal cooperation agreements that trigger anticompetitive effects, but generate efficiencies as well, can be exempted under Article 101(3) TFEU.
Jurisdiction
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter considers the legal framework for determining the applicable jurisdiction in claims based on breaches of competition law. It first describes the difficulties in determining the applicable jurisdiction when commencing proceedings, the body of jurisdictional rules used in competition law cases, the standard of proof to determine jurisdiction, when courts determine jurisdiction, the date on which jurisdiction is determined, and how jurisdiction of a court to hear a claim affects the claim’s admissibility. The discussion then turns to the jurisdictional rules applied by the High Court and the Competition Appeal Tribunal (CAT) for EU defendants and non-EU defendants, with emphasis on the relevant provisions of the Judgments Regulation. The chapter concludes with a summary of the English common law jurisdictional rules that continue to apply outside the scope of the Judgments Regulation and which therefore applies to non-EU defendants.
Effect of Previous Decisions
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines the impact of previous decisions in competition litigation, and more specifically the extent to which previous determinations on factual and legal issues are admissible, persuasive, or binding in subsequent proceedings. It begins with a discussion of prior judicial decisions, focusing on how questions relating to the application of Articles 101(1) and Article 102 of the TFEU should be interpreted with the principles laid down by the Court of Justice of the European Union (CJEU). It then considers prior infringement decisions adopted by the competition authorities, taking into account the binding nature of such decisions as well as their personal scope. It also describes the scope and extent of the infringement that is said to be binding, findings of fact and whether they are binding or not, the decisions of other national competition authorities, and the issue of penalties and the principle of double jeopardy.
Competition Litigation in Scotland
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter focuses on the general practice and procedure governing competition litigation in Scotland. It first provides an overview of the Scottish legal system and the role of Scottish courts in commencing proceedings, before discussing the rights of parties as plaintiffs or defendants in group litigation as well as the rights of third parties to intervene in competition proceedings. It then considers the issue of jurisdiction in proceedings, summary decree and dismissal (strike out and summary judgment), and remedies that may be sought as interim orders. It also examines issues relating to disclosure of documents, burden and standard of proof, the use of factual evidence and expert evidence, how hearings are conducted, how final orders are issued, and how damages are assessed and awarded. The chapter concludes with an analysis of funding and costs in competition litigation, the governing rules on appeals and references, criminal proceedings, arbitration, and alternative dispute resolution.
Competition Litigation in Northern Ireland
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines the general practice and procedure governing competition litigation in Northern Ireland, with particular emphasis on competition law issues. It begins with an overview of the legal system in Northern Ireland, the litigation of private law competition claims in the High Court and in the Competition Appeal Tribunal (CAT), and the rights of parties to commence collective proceedings in group litigation. It then considers the principles governing limitation and time periods for proceedings, the issue of jurisdiction in proceedings, and how an application for the grant of interim relief is made. It also analyses discovery and access to documents, the use of factual evidence and expert evidence, conduct of hearings, how final orders are issued, and how damages are assessed and awarded. Finally, it explores funding and costs in competition litigation, the governing rules on appeals and references, criminal proceedings, arbitration proceedings, and alternative dispute resolution.
Getting
to Know Multinationals
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter provides an overview of multinational enterprises (MNEs), which are the most talked-about business associations in the contemporary world economy. The MNE is a business association that engages in direct investment outside its home country; that is, in foreign direct investment (FDI). The chapter traces the patterns of MNE growth over time and space. The evolution of modern MNEs has usually been divided into historical periods, interrupted by the First and Second World Wars. The ‘first global economy’ emerged during the second half of the nineteenth century and began to disintegrate with the outbreak of the First World War in 1914, finally collapsing with the Great Crash of 1929. The ‘second global economy’ originated in the post-Second World War era and gathered pace between the 1980s and into the first decade of the twenty-first century. The chapter then looks at the main explanations of MNE growth, and the role of legal factors in this process.
Liberalization and Promotion of Inward
Investment
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter focuses on policies of investment liberalization and promotion, both at the host state and at the bilateral, regional and multilateral levels. In all cases, the aim has been to remove barriers to inward foreign direct investment (FDI) in the belief that this will offer positive economic gains to states and to the global economy. However, the removal of host state controls cannot automatically guarantee adequate levels, or useful kinds, of inward investment. Nor will it guarantee an equitable international distribution of its benefits. Moreover, competition over investment incentives between states may create economic distortions between them, with little positive gain. The reduction of barriers to direct investment, and the use of investment incentives, stand to benefit multinational enterprises (MNEs), as they can establish operations over a wider geographical space and can enjoy reduced investment risks. Against this background, the major home states of MNEs have placed the reduction of barriers to FDI onto the agendas of regional and multilateral economic organizations, with some success.
Taxation
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter assesses how the integrated operations of multinational enterprises (MNEs) offer opportunities for tax avoidance not open to domestic firms, and how national tax authorities control this. The international character of the income-generating activities of MNEs, the national reach of individual tax administrations, increased international competition over attracting inward FDI and the need to obtain sufficient revenue from MNEs, many of which now operate as digital platforms without any physical nexus with the taxing jurisdiction, has led to calls for the reform of the international tax system. The need for greater international coordination of tax policies is clear. For now, however, national tax authorities remain the main regulators, still applying systems of taxation designed to deal with the international economy of the past, based on the arms-length principle and on the legal separation of companies in the MNE group. However, as the reality of national tax base erosion (base erosion and profit shifting, BEPS) becomes increasingly stark, alternative approaches are becoming politically acceptable, and both states and international organizations are beginning to grapple with the development of a new global model of international corporate taxation based on revised nexus and apportionment rules.
Multinational Group Liability and Directors’
Duties
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter addresses the impact of the multinational enterprise (MNE) group on company law, considering the themes of corporate control and liability. The existence of group enterprises challenges the basic legal characteristics of the corporation: separate legal personality; directors’ duties to the company; the integrity of corporate capital; and protection of shareholders against liability for corporate debts. Corporate legal separation also hides the underlying group enterprise, reducing accountability for group actions and impacting various classes of potential claimants. The chapter then offers a historical analysis of the corporate legal form as a regulatory device for transnational corporate groups. It looks at the limits of group liability towards voluntary and involuntary creditors in equity-based groups, and in contract-based transnational network enterprises. The chapter also discusses reforms that could enhance MNE group liability and examines the group liability of directors, covering protection of minority shareholders in subsidiaries and compensation of creditors on the insolvency of affiliates.
Regulating Multinational Banks
Authors: Rogge Ebbe 
Published: March 2021

Abstract
This chapter explores multinational banks (MNBs). Between 2007 and 2009, the global economy experienced the global financial crisis, one of the most significant economic shocks in history, bringing into sharp relief the role of MNBs in its creation. While the MNB, as one type of multinational enterprise (MNE), is subject to the other rules and regulations discussed in this book, several important properties and characteristics show the additional rules and regulations applicable only to MNBs. In addition, the contribution of MNBs to the financial crisis raised doubts concerning the efficacy of existing regulatory rules, and the shortcomings of MNB corporate governance, leading to a reappraisal of both. The chapter tells the story of the crisis, including the role of the MNBs, outlines the regulatory regime as it stood before the crisis, and how the crisis has subsequently impacted on regulatory changes and MNB corporate governance. It concludes with an appraisal of the social and political effects of the crisis and of the future evolution of MNB regulation.
Environmental Issues
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter assesses the third element of corporate social responsibility (CSR) applicable to multinational enterprises (MNEs): environmental sustainability. MNEs are active in industries that contribute not only to global heating but also, among other things, to environmental pollution, the production of toxic waste, the reduction of biodiversity, and the depletion of natural resources. In addition, traditional approaches to corporate governance and financial accounting focus narrowly on corporate profitability, externalizing the costs of environmental impacts to the wider community. On the other hand, MNEs are also the main repositories of modern, environmentally friendly, technology and expertise on environmentally sound management practices. Equally, new approaches that internalize environmental factors into corporate costs, decision making, and reporting are slowly emerging. Accordingly, the chapter considers not only the prevention of environmental harm arising from MNE activities, but also how MNEs might be encouraged to use the best technologies and managerial practices to enhance environmentally sustainable economic and social development. It outlines the core concepts informing the environmental responsibilities of MNEs and looks at the debate over MNE impacts—both positive and negative—on the environment, before focusing on the environmental regulation of MNEs.
Methods of Combat
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter focuses on methods of combat under international humanitarian law. The fundamental idea underlying all humanitarian rules on methods and means of warfare has always been the concept of military necessity. According to the traditional approach, only the use of those means and methods of combat which are necessary to attain the military purposes of war, purposes based on the ultimate goal of overpowering the enemy armed forces, are permitted. Accordingly, the civilian population and civilian objects do not constitute legitimate military targets. Equally prohibited is the deliberately cruel killing of enemy combatants by weapons which uselessly aggravate suffering. Because these principles of ‘limited warfare’ which were formed during the nineteenth century became the nucleus of the (originally customary) laws of war, opinio juris and the practice of the nineteenth century have had a decisive impact on the shaping of modern humanitarian law. The most serious problem of rapidly developing modern warfare proved to be the use of the air force.
Protection of the Wounded, Sick, and Shipwrecked
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter studies the protection of the wounded, sick, and shipwrecked. The definition of persons protected under the various treaties for the protection of the wounded, sick, and shipwrecked evolved constantly from the adoption of the 1864 Geneva Convention, which only applied to ‘combatants’. The 1906 Geneva Convention subsequently broadened the scope of application to add ‘other persons officially attached to the armed forces’, and the 1929 Geneva Convention similarly referred to ‘officers and soldiers and other persons officially attached to the armed forces’. As far as warfare at sea was concerned, the Hague Convention (III) of 1899 applied to ‘sailors and soldiers who are taken on board’, while the 1907 Hague Convention (X) added to this definition ‘other persons officially attached to fleets or armies’ in analogy to the 1906 Geneva Convention. The chapter then looks at the protection of medical personnel and the rules of international humanitarian law on the dead and missing persons. It also details the development which has led to the adoption of a new protective emblem: the Red Crystal.
Protection of Prisoners in Armed Conflict
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter discusses the legal protection of prisoners in any armed conflict and prisoner-of-war status in international armed conflicts. The protection of prisoners in armed conflict is based on ethical, military, and political elements. The humane treatment derives from fundamental legal obligations and the conviction that captured enemies no longer pose any threat to the lives of persons nor to the detaining power. While specific forms and procedures of treatment may be influenced by the former conduct of the prisoner during the combat, for example the use of prohibited weapons, attacks against protected persons, or perfidious acts, standard rules of protection apply. These are deeply rooted in international humanitarian law and human rights. Military considerations also play an important role in the treatment of prisoners in armed conflict. In principle, prisoners are of military value to the adversary. They can be used as sources of information or to influence their comrades who are still fighting. On the other hand, taking and detaining prisoners can impede the detaining power's military operations.
Human Rights in Armed Conflict
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter explains the application of human rights in armed conflicts. International humanitarian law has much in common with the law of human rights, since both bodies of rules are concerned with the protection of the individual. Nevertheless, there are important differences between them. Human rights law is designed to operate primarily in normal peacetime conditions, and governs the vertical legal relationship between a state and its citizens and other persons subject to its jurisdiction. Human rights law applies primarily within the territory of the state that is subject to the human rights obligation in question. International humanitarian law, by contrast, is specifically designed to regulate situations of armed conflict. These differences between human rights law and international humanitarian law have led some to argue that human rights law is only intended to be applicable in time of peace. However, it is now generally accepted that human rights continue to apply during armed conflict. Hence, international humanitarian law and human rights law can apply simultaneously in situations of armed conflict.
Protection of Religious Personnel
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter examines the protection of religious personnel and legal issues of religious tolerance in armed conflicts. The presence of religious personnel in armed conflict is a reflection of the most basic sentiments of humanity and respect for the individual. Military ‘chaplains assigned to the armed forces’ are, in accordance with Article 24 GC I, protected in the same way as medical personnel. Article 8, lit. d, AP I uses the term ‘religious personnel’, which is more neutral than the Christian term ‘chaplain’. Religious personnel shall not be the object of discrimination by the adversary with regard to their particular religion. Moreover, religious personnel must not be hindered in pursuing their religious duties, even if the national regulations of the state in which they are working prohibit it. These protections are applicable to all religious personnel irrespective of their age or length of experience or military rank that they carry.
The Law of Neutrality
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.
Functions, Definitions, and Types of Reinsurance
Authors: Edelman Colin , Burns Andrew 
Published: March 2021

Abstract
This chapter provides an overview of reinsurance. The broad purpose of reinsurance is for the direct insurer to be covered in respect of their liability under an original insurance policy, pursuant to which the original insured is entitled to recover from them. The functions of reinsurance, however, are not only protective—there are significant business advantages to be gained by an insurer that can obtain reinsurance. Primarily, reinsurance provides capacity to an insurer, thereby enabling the insurer to insure a volume, type, or size of risk that it would not be able to cover in the absence of reinsurance. In effect, the reinsurer enlarges the direct insurer’s underwriting capacity by accepting a share of the risks and by providing part of the necessary reserves for losses. Reinsurance also increases the capital available to the direct insurer which would otherwise be earmarked to cover potential losses. Reinsurance is essentially a contract under which an insurer agrees to pass a defined part of an insurance risk to a reinsurer. The distinction between the two main types of reinsurance is in the way that this part is defined—proportional or non-proportional.