bluuebunny/crossref_metadata_2025_split huggingface dataset:
General Law and Negotiable Instruments
Authors: Geva Benjamin , Peari Sagi 
Published: January 2021

Abstract
This chapter explores the evolution of negotiable instruments as a cross-border migration of ideas, challenges of innovation and progress, and sophistication of legal doctrines, principles, and concepts. There are common themes to the evolution of the various negotiable instruments in different eras in diverse places. They point to a common denominator in issues and solutions, rather than to the existence of ‘foreign’ or ‘imported’ legal principles and concepts into each legal system to shape the law of these instruments. First, needs of commerce and available technology, rather than interests of rulers and states, have continuously shaped this evolution in each era and locality and under each legal system. Second, each of the three instruments—the bill, cheque, and note—evolved on its own, within its own domestic legal system. There has not been a universal ‘law merchant’ under which governing principles evolved and moved from one system to another. Third, autonomy of parties has been an underlying factor in each legal system in facilitating the development of obligations under each instrument and the law applicable. General principles of contract and property have been the building materials in the construction of this law. Fourth, in the development of the instruments and the law governing them, the emergence of ‘negotiability’, and its evolution into a unifying factor in a body of law governing them, is quite late.
Negotiable Instruments Choice-of-Law Rules in the Various Systems
Authors: Geva Benjamin , Peari Sagi 
Published: January 2021

Abstract
This chapter studies the existing choice-of-law frameworks set in the statutory provisions under the UK Bills of Exchange Act, the Geneva Conflicts Conventions, the American Second Restatement, and the Inter-American Convention. These various frameworks show very little evidence of the three major developments outlined in the previous chapter. Generally, the various frameworks have remained loyal to the classical choice-of-law doctrine of stringent territorial connecting factors. There is almost no trace of party autonomy or the most significant relationship principle. The requirement of a ‘foreign element’ presence in the factual matrix of the case seems to be the foremost precondition to choice-of-law analysis. Finally, the chapter demonstrates the global adherence to the ‘several laws’ approach; the advantage of avoiding a ‘single rule’ for the selection of a law applicable to a contract; and the desirability of having the same law governing both intrinsic and extrinsic validity for each party. The chapter also contends that the Second Restatement, although not flawless, sets up the most comprehensive and responsive scheme of those analysed.
The Boundaries of the Proposed Argument
Authors: Geva Benjamin , Peari Sagi 
Published: January 2021

Abstract
This chapter examines the scope and limits of the proposed extension of the party autonomy and most significant relationship (MSR) principles to negotiable instruments. First, it challenges the validation principle, being an apparent major limitation to the proposed broad scope argument. Second, the chapter discusses the relevance of the argument to such issues as the proprietary aspects of the instruments, remedies and limitation periods, and the holder's duties. Third, it elaborates on the relevance of the proposed argument beyond bills of exchange, promissory notes, and cheques. Specifically, the chapter explores whether the suggestions could be extended and applied to choice-of-law rules in areas where the notion of negotiability has traditionally played a role: that is, investment securities and documents of title. Fourth, the chapter sets a limit to the scope of the argument and explains in which cases the organizing principles of party autonomy and MSR shall not be applied.
International Negotiable Instruments in the Electronic Age
Authors: Geva Benjamin , Peari Sagi 
Published: January 2021

Abstract
This chapter assesses the application of our proposals to the era of digitalization, when negotiable instruments will take their electronic form. It outlines the various ‘electronification’ moves that have taken place within the traditional versions of negotiable instruments and considers the various international legislative frameworks that might be relevant to a digital version of negotiable instruments. Moreover, we contend that the suggested framework of choice-of-law rules should be attractive to the digital era of the instruments. The expected loss of the physical aspect of the instrument does not challenge the validity of our proposals and, in fact, enhances them. Indeed, ‘electronification’—that is, any elimination of physical processing and delivery—will enhance efficiency and speed. There is a possibility that it will also enhance security and reduce errors. Accordingly, assuming there is a business rationale for its continued use, there ought to be no doubt as to the desirability of bringing the negotiable instrument into the ambit of electronic banking.
The Agenda (1946)
Authors: Pace John P 
Published: January 2021

Abstract
This chapter examines the issues that the Commission on Human Rights took up in the decades following the drafting of the International Bill of Human Rights. The work of the Commission reflected international, political and social developments, largely propelled by a vital civil society. Thus, the period of decolonization brought the first issues to the agenda of the Commission, as did the Cold War and the emergence of the Non-aligned Movement between the 1950s and the mid-1970s, with the focus on racism and self-determination. This influenced the character of the Commission from that of a largely technical drafting body to a forum where situations were taken up. The Commission’s agenda thus widened in scope and with it, the challenges that are considered in these chapters. The challenges that emerged for the Commission related to the appreciation by states of their human rights obligations at the domestic level as a result of their becoming parties to international human rights law; and the realization of economic, social and cultural rights as an integral component of international human rights law, consistent with the Charter of the United Nations. These two challenges were to dominate the further evolution of the Great Enterprise for the rest of the existence of the Commission and that of the Human Rights Council after 2006.
Managing the Agenda
Authors: Pace John P 
Published: January 2021

Abstract
This chapter assesses the organizational and managerial underpinning of the work of the Commission on Human Rights. Managing the agenda was not a mere logistical exercise whereby a given set of issues was fitted into a determined breadth of space and time. It was also influenced by the prevailing international climate; different states and/or groups of states had different priorities. Inter-state (and often inter-regional) relations necessarily found their way into the chambers of the Commission. Within this complex process, three factors emerged that affected the management of the agenda: the ongoing emergence of new issues; the differences among states (or groups of states) as to their urgency, relevance to the International Bill of Human Rights and to their political priorities; and the effect that these differences have on the actual treatment of the human rights issues involved. The chapter then considers how the Commission took up the issues described in the previous chapters through a process of ‘coordination’, ‘programming’ and eventually ‘rationalization’, so that they became a part of the agenda.
The ‘Incubation’ of Economic, Social and Cultural Rights (1968–1992)
Authors: Pace John P 
Published: January 2021

Abstract
This chapter focuses on the ‘incubation’ of economic, social and cultural rights. The implementation of human rights presented challenges to the Commission on Human Rights from its first years of existence. It was the main reason invoked to separate civil and political rights from economic, social and cultural rights, and to have two Covenants instead of the unitary convention, as originally decided by the General Assembly. Once the two Covenants were adopted and opened for signature and ratification in 1966, the international community would face the real test of the implementation processes. Whereas the implementation of civil and political rights presented relatively little question, the implementation—or better still, ‘realization’—of economic, social and cultural rights, both in substance and in procedure, gave rise to much debate and took several years to reach the current level of understanding and acceptance. The formal focus on the implementation of economic, social and cultural rights was launched in 1968 when PE Nedbailo (Ukrainian SSR), outgoing Chairman of the Commission, proposed the inclusion of ‘Study of the question of the realization of the economic and social rights’ in the agenda of the twenty-fourth session. It was to remain on the agenda of the Commission for the rest of the Commission's existence, and thereafter on the agenda of the Human Rights Council.
The Emergence of Ad Hoc or Special Procedures (1966)
Authors: Pace John P 
Published: January 2021

Abstract
This chapter traces the origins of ad hoc or special procedures, and the evolution that led to one of the two main systems of implementation of international human rights norms—alongside the treaty system. Although the initial work on human rights had not taken up situations in specific countries, it was a matter of time until the Commission would find itself having to do so. The Commission added ‘the violation of human rights and fundamental freedoms including policies of racial discrimination and segregation and of apartheid, in all countries’ to its agenda in 1966. The power to investigate was thoroughly discussed in 1966 and 1967. As the Commission added the study of violations of human rights as a standing item on its agenda, it came up with an interesting range of proposals, some of which served to enhance its role and responsibilities in the future. Following the International Conference on Human Rights in 1968, the Commission decided ‘to prepare model rules of procedure for ad hoc bodies of the United Nations entrusted with the study of particular situations alleged to reveal a consistent pattern of violations of human rights’. The chapter then describes the Commission’s action in respect of human rights situations in countries and thematic procedures and mandates.
The Great Enterprise Enters the Modern Era (1987–2005)
Authors: Pace John P 
Published: January 2021

Abstract
This chapter describes how a new era emerged in the evolution of the Great Enterprise starting in the 1990s as a consequence of the expansion in the number of conventions and of special procedures. These implied a closer need for monitoring in substance and with it, the outreach that was a necessary corollary. This era was marked by the creation of the Voluntary Fund for Technical Cooperation in the Field of Human Rights in 1987, the adoption of the World Public Information Campaign on Human Rights in 1988, the decision in 1990 to convene the World Conference on Human Rights, and the establishment of the Office of the High Commissioner for Human Rights in 1993. It was also beginning of the ‘mainstreaming’ of human rights across the programmes and activities of the UN system, including the introduction of human rights to the work of the Security Council in 1994, and the outreach to business with the Global Compact in 1999. Indeed, the Global Compact on human rights, labour, and environment was in the wider context of the involvement of ‘relevant partners, in particular the private sector’ in UN activities.
The Great Enterprise Today (2006)
Authors: Pace John P 
Published: January 2021

Abstract
This chapter studies the arrival of the Human Rights Council. The idea of a Human Rights Council was raised in 1976, as the Great Enterprise entered a new phase. The documentation in 1976 on this issue is comprehensive, consisting of no less than five informative reports. In addition, the Commission on Human Rights had before it the analysis of the observations received from some Member States. They included an analysis of the deliberations at the Assembly that had taken place in November of 1975, which covered a range of topics, including ‘the possibility of transforming the Trusteeship Council into a Human Rights Council’. In 2005, the Secretary-General announced his plans to propose the establishment of a Human Rights Council to the Commission. A few months later, the World Summit decided on the establishment of a Human Rights Council. The Human Rights Council inaugurated its work with the adoption of two international human rights instruments, which had reached completion in the Commission on Human Rights: the International Convention for the Protection of All Persons from Enforced Disappearance and the United Nations Declaration on the Rights of Indigenous Peoples. It also extended the mandate of the Working Group formed under the Commission to elaborate an optional protocol to the International Covenant on Economic, Social and Cultural Rights and of the Commission’s Working Group on the Right to Development.
A Guide to the CIETAC Arbitration Rules
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
The China International Economic and Trade Arbitration Commission (‘CIETAC’) is the largest permanent arbitration centre in the world, with a fast-growing case load and rising international profile. This commentary on the CIETAC 2012 Arbitration Rules provides guidance on the rules, alongside practical and procedural recommendations from practitioners of unparalleled experience. The commentary is a rule-by-rule examination of the inception, interpretation and application of the new rules, which makes comparative reference to the rules of other institutions and considers all relevant case law and legislation. It groups the rules thematically according to the principle areas of practitioner interest, including chapters on: Jurisdiction and the Arbitration Agreement; Commencing the Arbitration; Formation and Challenges to the Arbitral Tribunal; Conduct of Proceedings; Awards; Summary Procedure; and Costs. The book chapters deal with the practical aspects of arbitrating in China, ensuring the book is a comprehensive reference work for practitioners in the field.
The CIETAC’s Jurisdiction
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter focuses on the CIETAC’s jurisdiction. Article 3.1 of the CIETAC Rules provides that the CIETAC accepts cases involving economic, trade, and other disputes of a contractual or non-contractual nature, based on an agreement of the parties. There are three types of cases accepted by the CIETAC: (1) international or foreign-related disputes; (2) disputes related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan Region; and (3) domestic disputes. However, both the CIETAC and local arbitration commissions are prohibited by the PRC Arbitration Law from assuming jurisdiction over certain types of disputes. The chapter addresses these non-arbitrable matters under PRC law. It then traces the evolution of the CIETAC’s scope of jurisdiction. Lastly, the chapter assesses the jurisdiction of local arbitration commissions.
Arbitral Tribunal
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter highlights the arbitral tribunal. The right of parties to select arbitrators for arbitrating their disputes is probably the most important aspect of party autonomy in international arbitration. The chapter discusses: the duties of an arbitral tribunal (Article 24); the number of arbitrators (Article 25); the nomination and appointment of arbitrator (Articles 26 to 31); challenge to the arbitrator (Article 32); and the replacement of arbitrator (Article 33) in CIETAC arbitrations. Article 24 clarifies that arbitrators, particularly party-nominated arbitrators, shall not represent either party, shall handle the case independently, and treat both parties equally. In order to understand this provision it is necessary to look into the relevant statutory provisions in the PRC Arbitration Law and the CIETAC’s specific regulations on the ethical issues of arbitrators. The chapter concludes by discussing the ability of the majority of the arbitral tribunal to continue with the arbitration after the conclusion of the last hearing (Article 34).
Arbitral Awards
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter explores the various issues in relation to arbitral awards under the CIETAC Rules. These issues include: the types of awards (Articles 49 and 50); the time period for rendering an award (Article 48); the making of an award (Article 49); the scrutiny of a draft award (Article 51); the allocation of costs (Article 52); correction of an award (Article 53); an additional award (Article 54); and performance of an award (Article 55). Arbitral awards are written decisions of an arbitral tribunal dealing with substantive matters in dispute and which have been submitted to arbitration. Under the CIETAC Rules, the arbitral tribunal may make the following types of awards: (1) partial award and interlocutory award; (2) consent award; and (3) final award. As set forth in Article 48.1, a final award shall be rendered within six months from the date on which the arbitral tribunal was constituted. Under Article 51, arbitrators are required to submit a draft award to the CIETAC for review before finalizing the award. The purpose of this scrutiny mechanism is to ensure the quality of arbitral awards.
Arbitration Fees and Costs
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter discusses arbitration fees and costs, covering Article 82 and Appendix II of the CIETAC Rules. Article 82.1 empowers the CIETAC to charge arbitration fees and other actual costs incurred in the course of arbitration. The other additional and reasonable actual costs include arbitrators’ ‘special remuneration’; their travel and accommodation expenses incurred for handling the case; fees of stenographers; as well as the costs and expenses of experts, appraisers, or interpreters appointed by the arbitral tribunal. Appendix II of the CIETAC Rules sets forth three fee schedules with regard to arbitration fees. Under Schedule I, the CIETAC is to charge a ‘registration fee’ and an ‘arbitration fee’; under Schedule II, the CIETAC is to charge a ‘registration fee’ and a ‘handling fee’; and under Schedule III, the CIETAC is to charge a ‘registration fee’, an ‘administrative fee’, and ‘arbitrator’s fees and expenses’.
Summary Procedure
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter examines the Summary Procedure under the CIETAC Rules, which resembles most expedited procedures of other institutions in that the arbitral procedure is expedited for cases with a relatively small amount in dispute or where the parties agree to the application of the special procedure. While the Summary Procedure can be highly efficient, there is always a tension between the need for efficient and expeditious dispute resolution and the right of parties to present their cases, and failure to afford a party the right to present case could give rise to an application to set aside or resist recognition and enforcement of an award. Articles 56 to 64 of the CIETAC Rules are designed to maintain the balance between efficiency and parties’ right to be heard. These articles set forth special provisions of the Summary Procedure. These special provisions include: the application; notice of arbitration; formation of the arbitral tribunal; defence and counterclaim; conduct of hearing; notice of oral hearing; time period for rendering the award; change of procedure; and context reference.
Domestic Arbitration
Authors: Yu Jianlong , Cao Lijun 
Published: January 2021

Abstract
This chapter focuses on Chapter V of the current CIETAC Arbitration Rules, which sets forth several special provisions that are applicable to domestic arbitration only. These include provisions in regard to acceptance of case filing by the Claimant; formation of arbitral tribunal; pleadings (such as defence, counterclaim, and defence to counterclaim); notice of oral hearing; record of oral hearing; and time period for rendering arbitral award. Notably, the time periods in a domestic arbitration—such as those in regard to submission of pleadings, notice of oral hearing(s), and rendering of arbitral award(s)—are shorter than the corresponding time periods in a foreign-related arbitration, which is in line with the nature of domestic proceedings, as reflected in the convenience in communications and travel arrangements, the short time periods for service of process, as well as the fact that most domestic cases are conducted in the Chinese language only. Since the special provisions only apply to domestic arbitration cases, there is a need to distinguish between domestic cases and foreign-related cases. Foreign-related cases are cases involving ‘foreign-element(s)’.
The properties of clusters, and the orientation of magnetic fields relative to filaments, in magnetohydrodynamic simulations of colliding clouds
Authors: Dobbs C L , Wurster J 
Published: January 2021

ABSTRACT
We have performed Smoothed Particle Magneto-Hydrodynamics (SPMHD) calculations of colliding clouds to investigate the formation of massive stellar clusters, adopting a timestep criterion to prevent large divergence errors. We find that magnetic fields do not impede the formation of young massive clusters (YMCs), and the development of high star formation rates, although we do see a strong dependence of our results on the direction of the magnetic field. If the field is initially perpendicular to the collision, and sufficiently strong, we find that star formation is delayed, and the morphology of the resulting clusters is significantly altered. We relate this to the large amplification of the field with this initial orientation. We also see that filaments formed with this configuration are less dense. When the field is parallel to the collision, there is much less amplification of the field, dense filaments form, and the formation of clusters is similar to the purely hydrodynamical case. Our simulations reproduce the observed tendency for magnetic fields to be aligned perpendicularly to dense filaments, and parallel to low density filaments. Overall our results are in broad agreement with past work in this area using grid codes.
Evidence for obscured broad [O iii] components in Type-2 AGN
Authors: Zhang Xue-Guang 
Published: January 2021

ABSTRACT
In the manuscript, we report evidence on broad [O iii] components apparently obscured in Type-2 active galactic nuclei (AGN) under the framework of the unified model, after checking properties of broad [O iii] emissions in large samples of Type-1 and Type-2 AGN in Sloan Digital Sky Survey DR12. We can well confirm the statistically lower flux ratios of the broad to the core [O iii] components in Type-2 AGN than in Type-1 AGN, which can be naturally explained by stronger obscured broad [O iii] components by central dust torus in Type-2 AGN, unless the unified model for AGN was not appropriate to the narrow emission lines. The results provide further evidence to support broad [O iii] components coming from emission regions nearer to central BHs, and also indicate the core [O iii] component as the better indicator for central activities in Type-2 AGN, due to few effects of obscuration on the core [O iii] component. Considering the broad [O iii] components as signs of central outflows, the results provide evidence for strong central outflows being preferentially obscured in Type-2 AGN. Furthermore, the obscured broad [O iii] component can be applied to explain the different flux ratios of [O iii]λ5007Å/H β between Type-1 and Type-2 AGN in the BPT diagram.