bluuebunny/crossref_metadata_2025_split huggingface dataset:
Hungary
Authors: Nagy Csongor István 
Published: March 2021

Abstract
This chapter examines the transposition of the Antitrust Damages Directive in Hungary. It begins with an overview of the transposition procedure, focusing on the Hungarian private enforcement landscape and the transposition process. In particular, it considers how the provisions implementing the Directive were built into the Hungarian Competition Act (HCA), creating a special regime that departs in certain aspects from the general principles of Hungarian civil law and civil procedure (e.g., access rules, calculation of damages). The chapter goes on to discuss the scope of the Hungarian implementing provisions as well as specific issues that arose during the transposition, including those relating to time-barring deadlines, binding force of decisions of other Member States, parent company liability, presumption and quantification of damages by cartels or other antitrust infringements, distribution of liability between co-infringers and right of return between co-infringers, access rules, collective redress, and organization of the judicial system.
Transposition: Key Issues and Controversies
Authors: Rodger Barry , Ferro Miguel Sousa , Marcos Francisco 
Published: March 2021

Abstract
This chapter examines how the Member States have addressed most of the key issues and controversies arising from the transposition of the Antitrust Damages Directive within their respective legal systems. It first considers the substantive grounds and conditions for liability, highlighting several legal debates that are likely to arise in the context of liability, such as those relating to fault, the characterization of the type of liability in question and the consequences thereof, and the liability of the parent company. It then discusses joint liability, particularly the liability of immunity recipients and of small to medium-size enterprises, and issues concerning access to evidence, specialized courts that would hear antitrust damages actions, limitation periods, the binding force of public enforcement decisions, the right to full compensation, quantification of harm, passing-on, consensual dispute resolution (settlements and alternative dispute resolution), and collective redress.
Elements of Competition Law Economics
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas 
Published: March 2021

Abstract
This chapter describes the leading schools of thought in regards to competition economics as they have evolved over the years. Classical and neoclassical economists were the first to focus on competition issues. The classical economists saw competition as a behavioural process. Meanwhile, with the neoclassical economists came a structural interpretation of competition. Immediately after the Second World War, competition economics became more normative. The chapter then looks at the methodological aspects of competition economics or, more concretely, the instruments and concepts on which competition economics rely. The main focus of study of competition economics is ‘market power’. Indeed, EU competition rules today are based, if not wholly at least mainly, on the concept of market power. Market power can enable behaviours with pernicious effects on economic efficiency. Thus, economists have designed instruments to help authorities, courts, and undertakings to identify and measure market power and its possible abuses.
Abuse of Dominance
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas 
Published: March 2021

Abstract
This chapter focuses on Article 102 TFEU, which prohibits dominant firms from abusing their dominant position. Two elements need to be present for Article 102 to apply to a given firm conduct: (i) that firm must be dominant on one or several markets and (ii) it must have abused that dominant position. The first step in the assessment of dominance is to define the relevant market(s). Once such markets have been defined, various economic tools can be used to determine the extent to which one or several firms are dominant on them. For Article 102 to apply, it must be demonstrated that the dominant firm has committed one or several abuses on the market(s) in question. Article 102 prohibits two main categories of abuses: exclusionary abuses (Art 102(b) and (d)) and exploitative abuses (Art 102(a)). Article 102 also prohibits certain forms of price discrimination.
Cartels And Other Horizontal Hardcore Restrictions
Authors: Geradin Damien , Layne-Farrar Anne , Petit Nicolas 
Published: March 2021

Abstract
This chapter explores the EU anti-cartel policy. A cartel can be defined as a collective organization whose members make an agreement to suspend competition among themselves. The cartels against which EU competition law takes exception are however slightly different. Whilst Article 101 TFEU takes issue with collective organizations whose purpose is to suspend competition, its primary target are secret organizations, not State-sponsored ones, whose members are undertakings and not government entities. Economists unanimously agree that a cartel produces significant welfare losses, which probably exceed those of a monopoly. A cartel is, in fact, comparable to a collective monopoly. It therefore exhibits all the inefficiencies associated with form of organization: allocative inefficiencies and distributive inefficiencies.
Limitation Periods
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter discusses the limitation periods applicable to claims for damages, judicial review, and appeals against infringement decisions. It first considers the relevant limitation rules barring competition law infringement claims for loss and damage, with emphasis on rules relating to private actions for claims in the High Court and in the Competition Appeal Tribunal (CAT) based on infringements of competition law occurring before 9 March 2017. Limitation rules applicable to loss and damage resulting from infringements of competition law occurring on or after 9 March 2017 are also examined, along with follow-on proceedings commenced before and after 1 October 2015, and claims based on infringements after 8 March 2017. The chapter concludes with an analysis of the time limit for making appeals and judicial review in the CAT, applying for judicial review in the High Court, commencing arbitral proceedings, and seeking equitable relief.
Strike-Out and Summary Judgment
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines how strike-out and summary judgment are applied by the High Court and the Competition Appeal Tribunal (CAT) for the summary disposal of competition law pleadings. It begins with a discussion of strike-out and summary judgment in the High Court, focusing on how they relate to one another and to amendment, the relevant considerations on a strike-out or on a summary judgment, and the procedure for making an application for summary dismissal. The relevant tests for strike-out and summary judgment are highlighted, and examples of successful and unsuccessful applications are given. The chapter also explains the summary disposal in the CAT before concluding with an overview of the standard of pleadings required to avoid strike-out in the context of competition litigation.
Final Orders
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter examines issues arising from final orders, the culmination of competition proceedings. It begins with a discussion of when and how an unlawful part of a contract can be severed, along with the effect of severability on an agreement, including restrictive agreements. It also considers the test for severability under English law, the date of assessment for severance, and severance in relation to abuse of dominance and renegotiation clauses. The chapter proceeds by analysing the factors that the High Court take into account in the exercise of its inherent jurisdiction to grant declaratory relief. Finally, it looks at injunctions as a form of final relief, with emphasis on the different types of injunctions and the circumstances in which they may be granted. Prohibitory and mandatory injunctions are highlighted, along with the awarding of damages instead of issuing an injunction.
Funding and Costs
Authors: Brealey Mark , George Kyla 
Published: March 2021

Abstract
This chapter deals with the funding of competition litigation and the rules and principles that govern the recoverability of costs in competition cases. It first considers the different types of funding a competition case, namely ‘after the event insurance’ (ATE), conditional fee arrangements (CFAs), and damages-based agreements (DBAs). It then examines funding for collective actions in the High Court and in the Competition Appeal Tribunal (CAT), voluntary redress schemes, and how competition litigation costs are controlled and assessed in the High Court and in the CAT. Cost orders against non-parties are also discussed, before the chapter concludes with an analysis of offers to settle in the High Court and in the CAT.
Regulating Multinationals
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter examines the interaction of multinational enterprises (MNEs) with the political communities in which they operate. It first maps the actors involved and identifies their respective roles and interests. The chapter then considers the effects of MNEs on home and host communities and economies. This involves ideological themes that have influenced the regulatory debate not only historically, but also for the present and future. The chapter also explores the principal levels and methods of regulation, discussing the relationship between formal regulation by state bodies and informal regulation by non-state actors; outlining the available sources of regulatory rules and practices; and assessing the choices of legal jurisdiction between the national, bilateral, regional and multilateral levels. Integrated global production, dominated by MNEs, has led to changes in international and national regulatory environments away from ‘investor control’ towards ‘investor promotion and protection’. At the same time, with the end of the Cold War and the disintegration of the socialist system, there appears to be no serious alternative to the corporate capitalism espoused by MNEs, backed up by the ‘neoliberal’ system of market-led globalization. However, recent challenges to the ‘neoliberal’ ascendancy come from economic nationalism and protectionism as well as greater concern for corporate social responsibility and accountability.
Jurisdiction and MNE Regulation
Authors: Muchlinski Peter T 
Published: March 2021

Abstract
This chapter investigates the legal basis for exercising extraterritorial jurisdiction over multinational enterprises (MNEs). The state’s exercise of extraterritorial jurisdiction rests on the international law rules relating to state jurisdiction. A state’s legal jurisdiction can be divided between the jurisdiction to prescribe laws, to adjudicate disputes and to enforce legal orders and judgments. This classification follows the traditional division of governmental authority between legislative, judicial and executive powers, though each branch of government can engage in any of the three. The chapter evaluates the three heads of jurisdiction in turn, relying to a large extent on US practice, which is the most developed in this field. In more recent years, not only the United States, but other global economic powers, have sought to avoid extraterritoriality conflicts though harmonization of regulatory standards and the development of cooperative regulatory structures.
The Concept of Security in International Law
Authors: White Nigel D. , Davies-Bright Auden 
Published: March 2021

Abstract
This chapter traces the development of ‘security’ in international legal discourse from State security, to collective security, to human security, in order to understand whether there has been a change of emphasis or, in fact, a deepening of security. National security focuses on the safety of the nation-State, which necessitates placing national interests over collective interests. Collective security marks a transition in that the more national interests become diluted, the more centralized a response becomes, and the concept of threats to peace and security is broadened to include events within States that have international repercussions. The chapter considers the debates about ‘security’ at a conceptual level, drawing on legal and political literature, and then sets them against developments in practice to see if a conclusion can be drawn on the precise nature and function of ‘security’ in international law. It addresses the question of whether ‘peace’ and ‘security’ are, or should be seen as, norms of international law. The lack of formal legal definition of security signifies that subjective views, particularly intersubjective understandings of security, have facilitated the breakdown of the State–human security divide. The chapter looks at the implications for this as security moves from being the primary purpose of international law and institutions to becoming a primary norm.
Civilian Protection in Armed Conflict
Authors: Droege Cordula , Durham Helen 
Published: March 2021

Abstract
This chapter discusses civilian protection in armed conflicts. Inevitably, all armed conflicts cause suffering for civilians. International humanitarian law (IHL) aims to reduce suffering but as a normative regime it cannot completely address the plight of civilians, which has much broader political, economic, and ideological dimensions. That said, considering that many of the hardships experienced by civilians appear to actually be a direct result of IHL violations, better respect for IHL would indeed lead to better protection for civilians. While contemporary armed conflicts pose a number of challenges to this body of law, the correct application, interpretation, and, where necessary, development of IHL is a valid starting point for increased civilian protection. The chapter offers a brief historical overview of the areas of international law relating to the protection of civilians during times of armed conflict. It then focuses on a number of key challenges facing both the normative regime and the practical application of rules—from denial of civilian status, terrorism, the nature of warfare (asymmetric, urban, and protracted), and the impact of displacement, to new technologies.
States and Non-State Actors and Human Security
Authors: Karavias Markos 
Published: March 2021

Abstract
This chapter examines the role of States and non-State actors in guaranteeing human security. ‘Human security’ as a concept may be seen as methodologically over-inclusive. After all, threats to collective or international security, such as inter-State use of military force, necessarily imperil the security of individuals. For the purposes of the chapter, threats to ‘human security’ are understood as threats to the fundamental human rights of individuals. It is posited that international practice has recognized the interlinking—and potential causal—pathways between gross violations of human rights and threats to international peace. The chapter discusses the traditional dual role of States, as violators and guarantors of human rights. Security offered by States to individuals within their territory is crucial in terms of attaining security at an international level. Indeed, lack of security within the boundaries of a State can have debilitating effects on regional or international peace. The chapter then assesses whether non-State actors can assume a corresponding dual role, looking into the role of multinational enterprises, de facto regimes, and clans through the lens of international human rights and refugee law. Finally, it reframes the category of ‘non-State actors’ more generally and posits that these actors may not be all that detached or different from States in the first place.
Water Security
Authors: Thielbörger Pierre 
Published: March 2021

Abstract
This chapter addresses water security, which is a contested normative concept, without clear definitions, meanings, or interpretations. With this in mind, the term ‘water security’ must be understood in two distinct ways: security through water (meaning individuals’ access to water to sustain their lives and livelihoods) and security against water (meaning the absence of water-related threats, both natural and man-made). The concept of water security as security through water is a tool to guarantee certain minimum standards of water for individuals. This aspect of water security is closely related to the idea of a human right to water as derived from and related to other human rights such as the right to life, an adequate standard of living, and the right to the highest attainable standard of health. However, water can also pose threats. For instance, given its outstanding political and economic significance, the likelihood of ‘water wars’ has been discussed in international law and politics for some time. Special challenges to water security include the widespread privatization of water, climate change as catalyst for future water conflicts and water-related natural disasters, and the often forgotten ‘sanitation gap’.
Pandemics and Other Health Emergencies
Authors: Heath J. Benton 
Published: March 2021

Abstract
This chapter traces the normative challenges underlying the legal framework for health security. Today’s challenges can be understood as the result of three successive stages of development in global health law. First was the securitization of global public health, whereby a diffuse group of international and national health officials, outside experts, and advocates worked to redefine infectious disease outbreaks as a critical national and international security issue. Secondly, this concept of global health security was inscribed in law through the 2005 revisions to the International Health Regulations, which adopted a governance framework that appeared to be deliberately modelled on domestic emergency powers regimes. Thirdly, this development, rather than settling the World Health Organization’s (WHO) authority in health emergencies, has in turn set off waves of contestation that concern the nature of global health security and how it should be institutionalized. This includes contestation about the internal governance arrangements within the WHO; external conflicts of jurisdiction between the WHO and other institutions; and disagreement about the normative orientation and scope of the WHO’s emergency power.
Wild Fauna and Flora Protection
Authors: Waschefort Gus 
Published: March 2021

Abstract
This chapter explores wild fauna and flora protection. Recently, the United Nations Security Council, which bears ‘primary responsibility for the maintenance of international peace and security’, has adopted a number of resolutions regarding the security situations in the Democratic Republic of Congo and the Central African Republic, in which a nexus is recognized between the poaching and associated illicit trade in wild fauna and flora (particularly elephant ivory) and international peace and security. While the chapter is concerned specifically with the link between the protection of wild fauna and flora and global security, the international legal regime geared towards such protection is most developed in the context of conservation and trade. The chapter looks at the broader conservation framework, with particular emphasis on the regime created by the 1973 Convention on Illegal Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES is the apex instrument for the regulation of trade in wild fauna and flora.
General Principles of International Humanitarian Law
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter explains the general principles of international humanitarian law—i.e. the prohibition of unnecessary suffering; the prohibition of indiscriminate warfare; and the principle of humanity—in their application and interaction. The prohibition against maux superflus—that is, against weapons and materials causing excessive suffering—is an old principle. It is characterized by an intricate mixture of very definite prohibitions on certain specific categories of arms, on one hand, and a rather abstract prohibition on means of warfare which cause unnecessary suffering, on the other. The utmost protection of the civilian population is also an old concept. By the nineteenth century, legal practice had established the prohibition against indiscriminate warfare as a customary rule. The principle of humanity has not always played the definitive role in moderating belligerent conduct. Nevertheless, humanity was clearly a source of normative constraints on the waging of war.
Means of Combat
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter provides an overview of treaty and customary international law rules applicable to means of combat. Belligerents do not need an authorization from international humanitarian law in relation to a specific means of combat. Rather, they are free to develop, produce, stockpile, transfer, or use any particular weapon, except for those cases in which a prohibitive rule of international humanitarian law dictates to the contrary. In order to guarantee effective implementation of the prohibition of certain means and methods of warfare, it is necessary to provide for an efficient procedure to ensure the legality of new weapons. This procedure is preventive in nature and aims at providing the belligerents with means of combat that do not violate international law prohibitions. The chapter discusses the prohibition of certain conventional weapons and then looks at weapons of mass destruction, which are simply defined as nuclear, chemical, and biological weapons. While the production, possession, and use of chemical weapons and biological weapons is prohibited under treaty law, the legal status of nuclear weapons is more complex.
Humanitarian Assistance
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter explores the overall approach of international humanitarian law to humanitarian assistance. The notion of humanitarian assistance is intrinsically linked to the primary obligation of the parties to the armed conflict to ensure that the basic needs of the population under their control are fulfilled. The fact that international humanitarian law foresees that other actors such as impartial humanitarian organizations can step in under certain circumstances in order to offer relief to populations affected by armed conflict does not diminish the extent of the primary obligation of the parties to the armed conflict. This obligation is expressly mentioned in Article 55 GC IV and Article 69 AP I defining the scope of the occupying power's responsibilities vis-à-vis the civilian population of the occupied territory. These provisions oblige the occupying power to make available to the occupied population various supplies essential for its survival.
The Law of International Peace Operations
Authors: Fleck Dieter 
Published: March 2021

Abstract
This chapter assesses the law of international peace operations, comprising both peacekeeping operations and peace enforcement operations conducted in support of diplomatic efforts to establish and maintain peace. Peace operations will derive their legitimacy from the authority of the Security Council. In establishing a peace operation, the Security Council follows the Charter of the United Nations, exercising its primary responsibility for maintaining international peace and security. Legitimacy confers a privileged legal status on a peace operation and its personnel that is essential in implementing its mandate. The rules of engagement for the operation, which form the legal authority for the use of force, specify how and when peacekeepers are authorized to use force, including deadly force. Other international legal instruments and norms guide the activities of peacekeepers and define the relationship between the operation and the host country. Altogether, the apparatus of authority and law composes the legal framework for peace operations.