bluuebunny/crossref_metadata_2025_split huggingface dataset:
Restrictions on the Principle of the Irremovability of Judges
Authors: Gosnell Christopher 
Published: July 2018

Abstract
Principle 30 deals with restrictions on the principle of the irremovability of judges. Judicial independence, both institutional and individual, is essential in any justice system and must be respected in a trans-regime setting. At the same time, it is necessary for the judiciary to adjudicate the crimes of a past regime with adequate vigour. This can present a major dilemma between necessary continuity and necessary reform, one that Principle 30 is designed to address. According to Principle 30, judges may not be removed if they were appointed ‘in conformity with the requirements of the rule of law’, but may be removed if they were ‘unlawfully appointed’ or ‘derive their judicial power from an act of allegiance’. This chapter first provides a contextual and historical background on Principle 30 before discussing its theoretical framework and how judges are treated in a trans-regime setting.
Equity and Debt Securities
Authors: Smith Marcus , Leslie Nico 
Published: July 2018

Abstract
This chapter discusses securities. Securities are an important and complex category of intangible. A ‘security’ is defined as a fungible financial instrument, offered for sale on identical terms to multiple investors on first issue, and thereafter generally traded in a market that facilitates its free transfer. Securities can broadly be classified into shares, debt securities, and hybrid securities. The chapter then looks at the legal incidents of securities, and how securities are allotted and held. Allotment describes the process whereby the issuer of securities agrees to issue those securities to a particular person and that person agrees to buy those securities. Meanwhile, the question of how securities are held has become an increasing complex area. Originally, securities were held in paper form. Such paper-based systems are increasingly becoming redundant but their operation remains important because they are relevant to the electronic systems by which securities are held today.
Promises to Assign or Create a trust
Authors: Smith Marcus , Leslie Nico 
Published: July 2018

Abstract
This chapter examines promises to assign or create a trust. It is possible to promise to assign a chose, rather than to assign a chose. At common law, such an agreement has no propriety implications. According to the common law, a contract operates in personam and breach of a promise to assign will give rise to the remedy of damages only. In equity, however, the effect of such a contract is very different. Equity treats a contract to do a thing as if the thing were already done and thus treats an agreement for value as if it had been performed at the time when it ought to have been performed. This doctrine applies as much as to trusts as it does to assignments, and equity will similarly give effect to a promise to create a trust.
Assignments under Section 136 of the Law of Property Act 1925
Authors: Smith Marcus , Leslie Nico 
Published: July 2018

Abstract
This chapter focuses on section 136 of the Law of Property Act 1925, which entitles an assignee of a debt or other legal chose in action to recover it by way of proceedings brought in his own name, provided the conditions of the section are met. For an assignment to fall under section 136, the assignment must be of a debt or other legal chose in action; the assignment must be absolute and not purport to be by way of charge only; the assignment must be in writing under the hand of the assignor; and the debtor must be given express notice in writing of the assignment. Section 136 has no effect in rendering assignable choses that could not otherwise be assigned in equity, nor does it have the effect of expanding the circumstances in which a chose in action can properly be assigned.
Security Over Intangibles
Authors: Smith Marcus , Leslie Nico 
Published: July 2018

Abstract
This chapter studies security over intangibles. Security over pure intangibles can only be created by way of mortgage or equitable charge. However, before examining the particular practical demands that are made of the law of security, it is necessary to begin with a consideration of the various forms of security over personal property recognized by English law. English law recognizes four forms of consensual security over personal property: the pledge; the lien; the mortgage; and the charge. Of these, the pledge and the lien are classified as possessory securities, while the mortgage and the charge are non-possessory securities. This distinction is of great importance, for a possessory security cannot be asserted over choses in action, for the simple reason that it is not possible to take physical possession of intangible property.
Sustainability, Responsibility, Public Trust, Ethical Drift, and the ‘Social Licence’ Concept
Authors: Mccormick Roger , Stears Chris 
Published: July 2018

Abstract
This chapter discusses the concept of sustainable banking and its importance in the aftermath of the recent financial crisis. Sustainability (or ‘sustainability development’) is conventionally understood as the simultaneous pursuit of three policy goals: environmental protection, social equity (and justice) and economic welfare. In the context of banking, sustainability includes aligning the financial system with sustainable development; standardizing sustainability reporting in the financial sector, and increased awareness of ‘green issues’ and a growing agenda insisting that commercial and financial activity — as well as national and local politics — have greater ‘respect for the environment’.
Definition
Authors: Mccormick Roger , Stears Chris 
Published: July 2018

Abstract
This chapter first reviews the changing perceptions of ‘legal risk’ over the years. It then considers a school of thought that holds that a definition of legal risk is not necessary. It examines the relevance of the definition of legal risk in the allocation of responsibility and effective risk management, impact on policy, responsibility for corporate misbehaviour, advantages of a ‘norm’, and the need for flexibility. Next, it sets out the International Bar Association’s definition of legal risk. The final section deals with the issues raised the employee who ‘goes off the rails’, or the ‘rogue trader’.
Causation
Authors: Mccormick Roger , Stears Chris 
Published: July 2018

Abstract
This chapter first considers the relationship between the sources of legal risk considered in Chapter 24 and the causes of loss attributable to legal risk identified in the International Bar Association definition. Whereas the sources describe the social circumstances that cause legal risk to arise, the definition is concerned with how an institution, when faced with a legal risk-originated problem, should answer the question: how did this happen (or how can we prevent this happening)? Consideration of the sources helps us to understand why legal risks arise in the broader social context but it is the definition that provides the pointer to the more immediate causes of risk and loss in any specific context. The remainder of the chapter turns to relevant case law.
Metrics in Conduct Risk and Reputation Management
Authors: Mccormick Roger , Stears Chris 
Published: July 2018

Abstract
Despite being over a decade on from and the onset of the global financial crisis, organisations are still battling to regain the trust that was lost. A bank whose business practices might be applauded on the basis of its financial performance might be harbouring an unidentified/unmitigated level of conduct risk that could undermine its sustainability and trustworthiness. One way that stakeholders can assess the bank’s culture, conduct and ultimately, its trustworthiness and ‘investment value’ is through the use of metrics. This chapter explores the use of metrics for both conduct and reputational risk management. It focuses on the use of ‘conduct costs’ as a metric for internal risk management, as well as its potential to serve as a simple, yet defining metric for non-financial performance, firm culture and trust, from an external stakeholder assessment perspective.
Situating Evidence in the Process of Investor-State Arbitration
Authors: Sourgens Frédéric Gilles , Duggal Kabir , Laird Ian A 
Published: July 2018

Abstract
This chapter submits that investor-state arbitration faces a common core set of problems that tribunals hearing these claims must resolve. Commentators of, and participants in, investor-state arbitration typically submit that there is only one rule of evidence: the free appreciation of evidence by the arbitrator. Given the ubiquity of the sentiment that there are no rules of evidence in investor-state arbitration, this chapter first attempts to examine where this perceived wisdom has gone wrong. This premise starts from a foundational coincidence of the who, what, how, and why of the decision-making process involving states and foreign investors. The coincidence explains why principles could form in the first place, given the role of the process participants, the subject matter of the process, and the operations of the process, as well as its constitutive values.
Introduction to the Standard of Proof in Investor–State Arbitration
Authors: Sourgens Frédéric Gilles , Duggal Kabir , Laird Ian A 
Published: July 2018

Abstract
This chapter introduces the standard of proof. The standard of proof provides the amount of evidence that must be provided by the party that has the burden (ie the party making the allegation). As such, it is a concept that is closely related with the burden of proof. The standard of proof helps explain how much evidence needs to be proffered by the party that has the burden of proving any particular issue in question. Since the distinction between the burden and standard of proof remains so contentious in investor-state arbitration, the chapter distinguishes the two by considering who must do the proving, and how much needs to be proved.
Evidentiary Presumptions
Authors: Sourgens Frédéric Gilles , Duggal Kabir , Laird Ian A 
Published: July 2018

Abstract
This chapter considers presumptions, which serve as an efficiency or prudential function in court proceedings. Tribunals can make findings of fact by reference to presumptions. The use of presumptions means that the tribunal makes a determination of fact that is not premised upon direct evidence or project-specific circumstantial evidence. The tribunal instead is convinced of the truth of a fact premised upon the proof of relevant general surrounding circumstances. The use of presumptions is ubiquitous in investor-state arbitrations, as it is in other domestic and international disputes, because the predicate of a legal claim typically is the asserted deviation by one or both the parties of relevant general practices or expected background circumstances by the other.
Documentary Evidence and Document Production
Authors: Sourgens Frédéric Gilles , Duggal Kabir , Laird Ian A 
Published: July 2018

Abstract
This chapter provides an overview of issues relating to documentary evidence and document production. In any investor-state arbitration case, each party is responsible for producing the evidence required to prove its case. This evidence can be introduced either through the production of documentary evidence or through witness testimony. Similarly, a party may need certain documents from opposing counsel. Here, the fundamental understanding of the term ‘document’ is not restricted merely to ‘paper’—to actual documents written in words. Documentary evidence can appear in a wide range of styles (such as drawings, emails, pictures, charts, graphs, and many more) and a wide range of forms (physical, audio, visual, electronic, and more).
Exclusionary Rules of Evidence
Authors: Sourgens Frédéric Gilles , Duggal Kabir , Laird Ian A 
Published: July 2018

Abstract
This chapter outlines the exclusionary rules of evidence. In the context of investor-state arbitration proceedings, all evidence proffered by the parties is admitted into the record in the absence of exceptional circumstances. A party seeking to exclude evidence typically carries the burden to convince the tribunal that it should exclude the evidence in question. In seeking to do so, it will have to meet a reasonably high standard of proof. Consequently, exclusion of evidence is warranted only in the limited circumstances when its inclusion would violate another party’s right to be heard, the equality of the parties, or fundamental principles of international public policy. Given the exceptional nature of excluding relevant and material evidence in international arbitration, the burden is on the party seeking to exclude evidence. The exceptional nature of these limitations indicates the premium placed by international arbitration on the free evaluation of evidence by the arbitrators.
Evidence and Annulment
Authors: Sourgens Frédéric Gilles , Duggal Kabir , Laird Ian A 
Published: July 2018

Abstract
This chapter considers annulment in the context of the International Centre for Settlement of Investment Disputes (ICSID). Here, annulment controls the process of arbitral decision-making rather than its result. As a control mechanism, annulment is centrally concerned with the question whether a tribunal applied the principles of evidence codified in arbitral procedure or cast those same principles aside to make a decision on a completely different basis. Parties perceive the legitimacy of a process of dispute settlement in terms of the predictability with which decision-makers appraise their factual submissions. As such, principles of evidence are central to the mission of annulment to ‘maintain the vitality and integrity of a process of dispute resolution by providing the degree of supervision sufficient to correct violations of parties’ expectations in a way that sustains confidence in the efficiency and fairness of ICSID arbitration’.
Introduction to the Bermuda Market
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter discusses the environment in which the ‘new’ Bermuda-based international insurers were created in the mid-1980s, and in which the policy forms they chose to implement initially took root and grew. The story of how that took place has been told at length by others. The authors of this work do not propose to duplicate those efforts. By the same token, the continued (and continuing) development of the international Bermuda insurance market represents a much longer story, to be told by others. The chapter instead represents only a brief overview of the circumstances in which the Bermuda Form was created between 1985 and 1986, the commercial context for its introduction into the market, and the now recognised robust international insurance marketplace in Bermuda which has developed over the succeeding thirty years.
Occurrence Definition
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter discusses the Bermuda Form occurrence definition. The occurrence definition has historically served a dual function. It describes the nature of the event or circumstance subject to coverage in general. It also determines and conclusively establishes the link between (1) the injury or damage from which the legal liability alleged against the insured arises, and (2) the specific policy and policy period that may respond and provide an indemnity to an insured in respect of its liability for that claim. In the Bermuda Forms, the occurrence definition is an amalgam or hybrid creature, combining principles of different approaches to describing the nature of the events or circumstances generally contemplated to be within the scope of coverage, and also because it addresses other subjects not traditionally addressed in such definitions.
Exclusions From Coverage
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter discusses each of the exclusions included in the Bermuda Form (Articles IV.A–IV.P). It shows that some are unique to this form, some are virtually identical to exclusions typically in use in the United States, and some are hybrids, including similarities and differences from those usually seen in that environment. Some of these exclusions frequently become the source of disputes between policyholders and insurers, and those will be discussed in depth. Others, frequently present in one version or another in many policies other than the Bermuda Form rarely emerge as the source of an actual dispute, still more rarely result in published opinions interpreting them. Less attention will be paid to these.
Preparation for and Conduct of the Hearing
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
This chapter deals with the procedural issues relating to the hearing of a Bermuda Form arbitration itself. These include organizing a venue for the hearing, preparation of witness statements, the logistics of presenting witnesses, the preparation of experts' reports, the presentation of written pre-hearing submissions, and certain other issues that frequently arise in the course of an arbitral hearing, including the practical treatment of New York law in the usual form of a Bermuda Form case. After all the evidence has been adduced, and where time permits, a tribunal will sometimes invite each side to present written closing arguments. In other cases, no written closings are served and the parties simply proceed to address the tribunal with oral argument on the applicable law and as to the findings that the tribunal should make, based on the evidence heard by the tribunal.
Awards
Authors: Scorey David , Geddes Richard , Harris Chris 
Published: July 2018

Abstract
Once the substantive hearing has been concluded, as discussed in Chapter 20, the tribunal has the responsibility of deciding the dispute and delivering an award. This chapter addresses issues arising in connection with the award process in England and Wales under the Arbitration Act 1996 and is primarily intended to be of assistance to arbitrators as to the options that might be available to them in preparing an award in an arbitration under the Bermuda Form. Topics discusses include the duties of the tribunal; final, partial, and interim awards; the finality of awards and possible avenues of review; consequences of bifurcated arbitrations; and finality of interim awards.
The Mayaguez Incident—1975
Authors: Ronzitti Natalino 
Published: July 2018

Abstract
This Chapter takes into consideration the Mayaguez incident, which occurred on 12 May 1975, immediately after the end of Vietnam war. The Mayaguez was a US cargo vessel accused by Cambodia of carrying out an espionage mission during its navigation off the Cambodia coast and for this reason boarded and captured by the Cambodian gunboats. The US, after having erroneously qualifying the capture as an act of piracy, intervened in rescue of their nationals and recovered the ship. The precedent raises several legal issues ranging from the law of espionage to the legality of forceful measures taken by the coastal State in its territorial sea and/or in its adjacent waters. However, the main legal value of the Mayaguez incident arises from the fact that it is considered a precedent for testing the validity of the doctrine of using armed force for rescuing nationals abroad.
The Ugandan–Tanzanian War—1978–79
Authors: Chan Kenneth 
Published: July 2018

Abstract
This chapter examines the conflict between Uganda and Tanzania, which resulted in the removal of President Idi Amin as head of state in the late 1970s. The initial passage lays out the facts of the case before considering the legal positions presented by the main parties to the conflict and the reactions of the international community. The final section assesses the broader international law implications of the episode. Although the legal justifications provided for Tanzania's actions by its government were vague and wide-ranging, in light of the massive human rights violations being committed by Amin, Tanzania's actions have been historically viewed as an early humanitarian intervention effort. This claim is however only somewhat supported on the facts. Ultimately, the international community's willingness to overlook the illegality of Tanzania's invasion and violation of Uganda's sovereignty (which far exceeded the scope of its right to self-defense) can be understood as a matter of political convenience, wherein the removal of a notoriously difficult head of state was viewed as a politically and morally desirable outcome.
The Lebanon War—1982
Authors: Williamson Myra 
Published: July 2018

Abstract
This chapter analyses the context and legality of Israel’s invasion of Lebanon, also referred to as the First Lebanon War and ‘Operation Peace for Galilee’. It began on 6 June 1982 and became an 18-year-long occupation, ending on 22 May 2000. The first section discusses the immediate pretext for Israel’s invasion—the attempted assassination in London of the Israeli Ambassador to Britain, Schlomo Argov, by Abu Nidal terrorists—as well as the more complex causes, such as the political animosity between Israel, Lebanon, Syria and the PLO. Section two analyses the positions of the main antagonists—Israel, Lebanon and the PLO—as well as other interested parties (the US, the UN Security Council and the UN General Assembly). The third section addresses the legality of Israel’s use of force, citing the arguments of scholars on both sides of the debate. Finally, the chapter assesses the precedential value of this use of force, in light of the Security Council’s refusal to accept that the attempted assassination was an ‘armed attack’ and its condemnation of the Israeli aggression.
‘Operation Phoenix’, the Colombian Raid Against the FARC in Ecuador—2008
Authors: Pinto Mónica , Kotlik Marcos 
Published: July 2018

Abstract
This contribution examines the 2008 operation conducted by Colombia against a camp of the Revolutionary Armed Forces of Colombia (FARC) located in the territory of Ecuador. It sets out the facts, the legal positions of both countries, the reactions of other governments in the continent, and how the situation was addressed within the Organization of American States and the Rio Group. It then analyses the operation in light of discussions about the possible exercise of the right to self-defence against non-state actors. The closing section suggests that, although the political cost for Colombia was relatively low, this case contributes to a restrictive interpretation of the right, to self-defence based on the inviolability of territorial integrity.
US Extra-Territorial Actions Against Individuals: Bin Laden, Al Awlaki, and Abu Khattalah—2011 and 2014
Authors: Kretzmer David 
Published: July 2018

Abstract
This chapter discusses the targeted killing by the US of Osama bin Laden in Pakistan and of Anwar al Awlaki in Yemen, and the capture of Ahmed Abu Kattalah in Libya. It presents the facts and context of the actions, the legal position of the US and other protagonists and reactions in the international community. It proceeds to discuss the arguments for and against the legality of these extra-territorial actions by the US under law regarding use of force (but not under ius in bello). In the final section it is argued that rather than having precedential value the actions and reactions in these cases serve to emphasize the wide gap that exists in the different perceptions of states and scholars regarding the law on the extra-territorial use of force against terrorist groups or other groups of non-state actors.