bluuebunny/crossref_metadata_2025_split huggingface dataset:
Legal Issues Related to International Military Headquarters
Authors: Hill Steven , Favuzza Federica 
Published: July 2018

Abstract
This chapter provides a general overview of the types of international military headquarters (IMHQs) and their legal nature. IMHQs encompass a wide range of structures that are in use in the contemporary practice of States and international organifzations. States tend to find them attractive options for a variety of reasons, including the promotion of cooperation and coordination and the expression of shared political and/or military commitments. They can also be an important tool to help States address resource constraints, including by taking advantage of efficiencies gained through specialization and economies of scale. IMHQs all share the common characteristic of being in one way or the other ‘international’. Their nature varies widely, including with respect to their mission and their composition and structure. Because of this diversity, the chapter only discusses selected legal issues that tend to arise in connection with IMHQ and will likely arise in the future.
The Japan Experience with Visiting Forces—An Evolving Perspective
Authors: Kawai Junya , Sonnenberg Dale L , Timm Donald A 
Published: July 2018

Abstract
This chapter considers Japan’s experience with visiting forces. Unlike the NATO experience in Europe, the United States and Japan had very different backgrounds and cultures. The long-term stationing of US forces in Japan is remarkable because despite the circumstances under which it began, it grew into a partnership of allies and equals. The US-Japan Security Treaty and its successor, and the agreements thereunder regarding the status of forces, as main instruments of the law of visiting forces in Japan have been utilized flexibly to meet the defence and security needs of Japan and the security needs of the United States from the standpoint of fulfilling its regional commitments and its global strategy. However, the application of these treaties and agreements has been influenced not only by military convenience, but also by the interest to achieve harmonization with everyday life of residents in Japan.
Visiting Forces in Korea
Authors: Kim Hyun , Timm Donald A 
Published: July 2018

Abstract
This chapter looks at the development of the law of visiting forces in Korea. This law begins in the aftermath of World War II, with the liberation of the Korean peninsula from Japanese occupation since 1910. However, the winding down of that war, the establishment of an interim civil authority, and the transition from that authority to the sovereign and autonomous Republic of Korea, were probably in and of themselves not that extraordinary from the worldwide perspective. The true beginning of the modern era of visiting forces—the primary focus of this chapter—came with the invasion of the fledgling Republic by forces of its co-inhabitant on the peninsula on 25 June 1950. This act resulted in an enforcement action by the UN, which ultimately saw the forces of sixteen member states deployed in Korea under the UN flag.
Afghanistan
Authors: Prescott Jody M , Male Jane M 
Published: July 2018

Abstract
This chapter turns to the case study of Afghanistan. It first examines the Bonn Agreement that marked the start of the creation of the new Afghan State, and the status and development of the multinational military organization that was created to provide the security conditions conducive to the new State taking root, the International Security Assistance Force (ISAF). Next, this chapter looks at the status and development of the parallel military mission undertaken by the US-led coalition, known as Operation Enduring Freedom (OEF), to fight against al-Qaeda. Because of the way in which the missions of ISAF and OEF became blurred together in very real senses as the war in Afghanistan wore on, this chapter considers the challenges posed to the effective operation of the two status-of-forces agreement (SOFA) regimes. It also looks at how these challenges impacted and informed the new agreements that became effective in 2015.
Russian Forces in the Former USSR and Beyond
Authors: Tuzmukhamedov Bakhtiyar 
Published: July 2018

Abstract
This chapter discusses legal grounds for, and actual deployments of, Russian forces outside of the Russian territory. Such deployments mostly continued in the former Soviet Union, with the exception of Estonia, Latvia, and Lithuania, from which forces had been withdrawn by and large by 31 August 1994. The only remaining Russian-operated installation in the Baltics, the early-warning radar and related facilities off the Latvian town of Skrunda, were decommissioned four years later. Other instances of Russian forces stationed outside the former USSR included a signals intelligence facility at Lourdes, Cuba, and the Cam Ranh navy and air base in Vietnam. The use of both was discontinued in 2002.
Introduction
Authors: Johnston William , Werlen Thomas , Link Frederick 
Published: July 2018

Abstract
This book discusses the law of set-off in thirty-four jurisdictions and the different approaches used to deal with the right of set-off where parties are solvent, where a party is insolvent and where parties operate across borders. Set-off refers to the right to reduce or fully discharge a monetary obligation owed by a debtor against a claim owed to the debtor such that only the balance remains. The right to set-off may arise due to a contractual arrangement between the parties or by the operation of law, including insolvency or bankruptcy laws. Set-off has emerged as an important tool in the negotiation of financial and commercial contracts and in dispute resolution. This introduction provides an overview of set-off, with a particular focus on set-off between solvent parties and set-off against insolvent parties. It also considers conflict of laws and cross-border issues arising in set-off against solvent parties and insolvent parties.
Belgium
Authors: Vermylen Marc 
Published: July 2018

Abstract
This chapter provides an overview of the law of set-off in Belgium. Set-off is a recognized legal concept in Belgian law and can occur in one of three ways: by operation of law (legal set-off), court order (judicial set-off), or agreement (contractual set-off). Under the Belgian Civil Code, set-off has been considered primarily not as a security technique but as a means of facilitating payments between two reciprocal debtors. After discussing the legal framework of set-off in Belgium, the chapter considers set-off between solvent parties. In particular, it explains legal set-off, judicial set-off, contractual set-off, and multilateral set-off. It then examines set-off in insolvency, taking into account legal set-off and contractual set-off against insolvent parties. Finally, it analyses isses arising in cross-border set-off.
Chile
Authors: Armas M Marcelo 
Published: July 2018

Abstract
This chapter examines the law of set-off in Chile, both before and after insolvency, as well as the alternatives for contractual set-off structures that may be agreed among two or more parties. In Chile, set-off was created as a legal concept primarily on the basis of practical considerations rather than juridical principles. The right to set-off may arise due to a contractual arrangement between the parties or by the operation of law, including the Chilean Civil Code. The chapter first considers set-off in Chile outside insolvency, focusing on set-off by operation of law and contractual set-off, before discussing set-off in insolvency. In particular, it explains the implications of a declaration of liquidation under Chilean Bankruptcy Law and its possible consequences for set-off rights. It also analyses issues arising in cross-border set-off.
China
Authors: Liew Chin-Chong , Zhou Ying 
Published: July 2018

Abstract
This chapter examines the applicability of the law of set-off in China in cases involving solvent parties and against a party subject to a bankruptcy proceeding. It first explains statutory set-off under the Chinese Contract Law and contractual set-off between solvent parties before discussing set-off against insolvent parties, focusing on the relevant provisions of the Bankruptcy Law and requirements for insolvency set-off. It also considers the procedures for exercising the right to insolvency set-off, set-off right in the context of close-out netting in cross-border over-the-counter (OTC) derivatives transactions, restrictions on unfair preference for creditors and set-off, restrictions on banks' set-off rights against deposits, and set-off vis-a-vis clearing houses. The chapter concludes with an analysis of cross-border issues arising in set-off between solvent parties and against insolvent parties.
Czech Republic
Authors: Schweigelová Dana 
Published: July 2018

Abstract
This chapter provides an overview of the legal framework of set-off in the Czech Republic both outside and within the context of insolvency. In the Czech Republic, set-off rights are regulated exclusively by statutory law. General regulations on set-off arrangements are laid down in Sections 1982–1991 of the Czech Civil Code. Other laws relevant to set-off are the Business Corporations Act, the Capital Markets Act, the Financial Collateral Act, and the Act on Insolvency. The chapter first examines set-off between solvent parties, taking into account general regulations, specific regulations under the Business Corporations Act, contractual set-off involving multiple parties, and special regulatory regimes governing set-off in the Czech Republic. It then considers set-off between insolvent parties before concluding with an analysis of set-off issues arising in the cross-border context.
Denmark
Authors: Rasmussen Kim 
Published: July 2018

Abstract
This chapter provides an overview of the legal framework of set-off in Denmark. Under Danish law, set-off may be claimed without prior agreement between the parties. Certain basic set-off requirements, founded on general principles regulating set-off rights, are firmly established in Denmark. The chapter begins with a discussion of set-off between solvent parties, focusing on set-off by operation of law, expanded set-off by operation of law (connected claims), expanded set-off rights by agreement, and limitations on the right to set-off. It then considers set-off against insolvent parties, taking into account the relevant provisions in the Bankruptcy Act as well as close-out netting. It also analyses the law applicable to set-off between solvent parties and set-off between insolvent parties in the context of cross-border transactions.
England
Authors: Tredgett Richard 
Published: July 2018

Abstract
This chapter provides an overview of the law of set-off in England and Wales, both prior to insolvency (whether by virtue of a contract or by operation of law) and in the event of a winding up or an administration of a company under English law. It begins with a discussion of set-off between solvent parties, focusing on contractual set-off, legal set-off, equitable set-off, and banker's right of set-off. It then considers set-off against insolvent parties, taking into account the relevant set-off rules, the mandatory nature of insolvency set-off, ‘due’ and contingent claims, mutuality of claims, and the rule on build-up of set-offs. It also examines insolvency clawbacks and concludes with an analysis of issues arising in cross-border set-off.
Finland
Authors: Wist Tarja 
Published: July 2018

Abstract
This chapter discusses the law of set-off in Finland. Under Finnish law, set-off between solvent parties may occur when there is a unilateral notice by either party to the other party (compulsory set-off) or when an agreement is reached between the parties. In the case of compulsory set-off, both the main receivable and counterclaim must be reciprocal, of the same kind, and valid, undisputed and due for payment. The chapter first provides an overview of set-off between solvent parties, focusing on compulsory set-off, contractual set-off, cash management, security interests, set-off in connection with transfer of receivables, and set-off in foreclosure. It then considers set-off against insolvent parties and concludes with an analysis of issues arising in the cross-border context.
France
Authors: Hubert Olivier 
Published: July 2018

Abstract
This chapter examines the law of set-off in France and how the country's bankruptcy law may affect the effectiveness of set-off. In France, set-off has been reaffirmed by specific rules regarding the netting of derivative products or by the EU Directive on Financial Collateral Arrangements (Collateral Directive). Other laws with relevant provisions for set-off include the French Civil Code and the French Monetary and Financial Code. The chapter first provides an overview of set-off between solvent parties, focusing on legal set-off, contractual set-off, enhanced set-off of financial obligations, cash-pooling arrangements, and security interests. It then considers set-off against insolvent parties, taking into account issues relating to automatic stay, fraudulent transfers/suspect period, and set-off of financial obligations after opening of an insolvency procedure. It also discusses the key set-off provisions of the Collateral Directive before concluding with an analysis of the law applicable to set-off in a cross-border context.
Ireland
Authors: Johnston William 
Published: July 2018

Abstract
This chapter discusses the law of set-off in Ireland. Under Irish laws, a set-off agreement serves as a mechanism for a lender to take effective security over a customer's account with it. Set-off may be considered a self-help remedy that prevents uncertainty when enforcing security against persons. The chapter first provides an overview of set-off between solvent parties, focusing on statutory set-off, contractual set-off, cash management (pooling) arrangements, and security interests. It then examines the effect of a mareva injunction on the validity of the right to set-off or security before proceeding with an analysis of set-off against insolvent parties. The rule against double proof is explored, along with set-off on winding-up, set-off in financial contracts, and financial collateral arrangements. The chapter concludes with an assessment of cross-border issues arising from the right of set-off.
Luxembourg
Authors: Wagner Henri 
Published: July 2018

Abstract
This chapter examines the most common features of set-off (compensation) in Luxembourg and how the rights of set-off are affected by insolvency proceedings. It first provides an overview of set-off between solvent parties and set-off against insolvent parties before discussing cross-border issues relating to right of set-off. In particular, it considers cross-border set-off between solvent parties in cases where the Rome I Regulation or the Rome Convention applies and in cases where neither one applies. It also explains cross-border set-off against insolvent parties, focusing on situations where the Insolvency Regulation or the Recast Insolvency Regulation, as applicable, or another sector specific European insolvency legislation applies or does not apply.
The Netherlands
Authors: Rank Willem (Pim) , Silverentand Larissa 
Published: July 2018

Abstract
This chapter discusses the law of set-off in the Netherlands. Under Dutch law, set-off operates as a mechanism for discharging claims. It allows a debtor to discharge his claim by reducing or extinguishing his creditor's claim by the amount of his cross-claim. There is no special regime for set-off clauses in finance documentation in the Netherlands. The chapter first provides an overview of set-off between solvent parties, focusing on statutory set-off, contractual set-off, and current account set-off. It then considers set-off against insolvent parties, taking into account the cooling-off period in bankruptcy, before turning to the so-called actio pauliana. It also explains specific provisions of the EU Collateral Directive aimed at protecting close-out netting provisions in a financial collateral arrangement. Finally, it analyses set-off in recovery and resolution of credit institutions and investment firms, along with issues arising in cross-border set-off.
New Zealand
Authors: Ross Jonathan 
Published: July 2018

Abstract
This chapter provides an overview of the law of set-off in New Zealand, both outside and within the context of insolvency. There are numerous statutes in New Zealand that regulate set-off and are applicable in particular circumstances. Set-off may be divided into current account set-off, independent (or legal) set-off, transaction (or equitable) set-off, and contractual set-off. The chapter first considers these types of set-off between solvent parties, along with set-off in relation to competing security interests under the Personal Property Securities Act 1999 (PPSA), before discussing set-off against insolvent parties. In particular, it explains insolvency set-off in liquidation, set-off in voluntary administration, netting insolvency set-off in liquidation and voluntary administration, and statutory management set-off. It also analyses issues arising from cross-border set-off, including the choice of law and cross-border application of PPSA.
Portugal
Authors: de Lemos Tiago Ferreira 
Published: July 2018

Abstract
This chapter provides an overview of the law of set-off in Portugal, both outside and within the context of insolvency. In Portugal, the policy justification for set-off is based on the fact that it may be used to avoid reciprocal payments whenever legally possible. The Portuguese Civil Code regulates set-off as part of its rules on contractual rights and obligations, but does not regard set-off as creating any security right (either in rem or in personam), lien, pledge, charge, mortgage, or other similar right over any assets of the parties involved. The chapter first considers set-off between solvent parties, focusing on unilateral set-off and contractual set-off, before discussing set-off against insolvent parties. It examines the relevant provisions of the Portuguese Netting Law and concludes with an analysis of cross-border issues relating to set-off between solvent parties and set-off against insolvent parties.
Russian Federation
Authors: Tchoubykina Elena 
Published: July 2018

Abstract
This chapter examines the legal requirements to a statutory set-off in the Russian Federation. In Russia, statutory set-off is regulated by Articles 410–412 of the Civil Code. From a legal standpoint, set-off constitutes a proper performance of obligations which discharges the respective claims of two parties. The chapter first provides an overview of set-off between solvent parties, focusing on statutory set-off, contractual set-off, and alternative schemes for enforcing contractual set-off arrangements. It then considers set-off in insolvency, with particular emphasis on set-off in bankruptcy proceedings of a corporate entity and of a credit institution. It also analyses key legal issues that may arise with respect to a set-off in the context of cross-border transactions.
South Korea
Authors: Hong Suhn-Kyoung , Cheong Seong-Koo 
Published: July 2018

Abstract
This chapter discusses the law of set-off in South Korea, along with certain restrictions on the exercise of the right of set-off in insolvency proceedings. The legal framework for set-off in South Korea is based on the Civil Code. The courts have also generally supported set-off as a means of satisfying a claim or discharging debt. The Korean Private International Law does not expressly lay down the governing law for set-off. This governing law issue is commonly discussed under two scenarios: set-off is undertaken on the basis of a set-off agreement between the parties; and set-off is undertaken in the absence of an agreement. The chapter first considers the governing law of contractual and non-contractual set-off in South Korea before turning to set-off between solvent parties and set-off against insolvent parties. It also analyses issues arising in cross-border set-off.
Spain
Authors: Herrera Antonio 
Published: July 2018

Abstract
This chapter discusses the law of set-off in Spain. Under Spanish law, set-off represents a means of extinguishing an obligation between a debtor and a creditor. Set-off occurs mainly as a form of payment rather than a guarantee. The chapter first considers set-off between solvent parties, focusing on the requirements of statutory set-off, set-off in case of assignment of credit rights, and set-off as a mechanism for creating security interests. It then examines set-off against insolvent parties, with emphasis on the scope of the prohibition set out in Article 58 of the Insolvency Act regarding set-off against an insolvent debtor and whether there are exceptions to this prohibition. The chapter also analyses set-off in financial transactions subject to Royal Decree Law 5/2005, along with cross-border situations relating to set-off against insolvent parties and choice of law with respect to set-off between solvent parties.
Sweden
Authors: Stambolovski Zoran 
Published: July 2018

Abstract
This chapter discusses the law of set-off in Sweden. Set-off in Sweden has developed through case law and legal commentary although legislation has been considered necessary in certain areas such as bankruptcy. The legal landscape of set-off can be divided into two sets of principles, those applying outside bankruptcy and those applying in bankruptcy. The chapter first considers set-off between solvent parties, focusing on set-off after a transfer of the principal claim, contractual arrangements, and set-off as security interests. It then examines set-off against insolvent parties, with emphasis on restrictions regarding the right of set-off in bankruptcy, recovery of set-off effected before bankruptcy, and close-out netting. It also analyses cross-border issues with respect to applicable law for set-off outside bankruptcy, applicable law for set-off in bankruptcy, and the conditions for cross-border set-off under Swedish law.
United States of America
Authors: Cohn Joshua 
Published: July 2018

Abstract
This chapter examines the most common aspects of the right of set-off in the United States, focusing on the State of New York. It also considers the U.S. Bankruptcy Code and its implications for the right of set-off. The chapter first considers contractual and statutory set-off outside bankruptcy proceedings and whether set-off can be considered a security interest before discussing set-off against insolvent parties. It explains how the right of set-off is affected by the automatic stay provision in section 362 of the Bankruptcy Code, the prohibition of creditor preferences, and fraudulent transfers. It also analyses choice of law issues arising in cross-border set-off, taking into account the relevant provisions of the New York State law and Chapter 15 of the Bankruptcy Code. Finally, it reviews the applicable rules for non-U.S. parties participating in a debtor's plenary Bankruptcy Code proceeding in the absence of a Chapter 15 ancillary proceeding.
Arbitration in Singapore
Authors: Choong John 
Published: July 2018

Abstract
Singapore is the most popular seat for international arbitration in Asia, and the fourth most popular seat in the world. Over 2,500 cases have been referred to the Singapore International Arbitration Centre (SIAC) in the 26 years since it first opened its doors, making it reportedly the fifth most popular institution for international arbitrations globally. This chapter first discusses the factors that explain Singapore's popularity as a place for international arbitration. These include government and legislative support, judicial support, reputation for neutrality, stable and predictable laws, and cultural and legal links to its Asian neighbours. It then details the rise of the SIAC and the structure and content of the present volume.