bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction to Priorities
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter provides a discourse of the nemo dat rule as the general priority rule, followed by discussions of the exceptions to that general rule. Nemo dat quod non habet is the general priority rule in relation to all interests, whether absolute or by way of security. Fully translated as ‘no one can give what they do not have’, the effect of the rule is that as between two interests, the one first in time has priority. The chapter, however, only considers priority between two or more security interests and priority between security interests and absolute interests. The only discussion of priority between absolute interests is where absolute interests are used as financing devices, either by means of the transfer or the retention of title.
Authorized Dispositions
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter examines the situation where A disposes of assets in which B has an absolute or security interest to a third party C. The disposition may be absolute or by way of security. Normally, in this situation, the priority rules would determine whether B or C has priority. However, where the disposition is made with the consent or permission of B, then C will always take free from B’s interest. Similarly, where a third party takes an interest in an asset subject to a security interest and the grant is made with the authority or consent of the secured lender, the third party will take free from that security interest. The extent of the authority or consent may be made clear in advance in the security agreement or may be given at the time of the grant of the interest.
Enforcement of True Security Interests
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter explains how a number of general issues arise in connection with the enforcement of true security interests that will be taken before particular enforcement issues are dealt with under the relevant head. True security interests consist of the four nominate types of security recognized in English law, namely, the three consensual securities of pledge, mortgage, and charge, together with the non-consensual lien. The obligation of a secured party to account for any surplus obtained is implicit in the nature of security. In the case of a pledge, this is consistent with the pledgor’s residual property rights. This obligation is also consistent in the case of mortgages. Charges and mortgages may be taken together, given that they are assimilated in drafting practice and in judicial treatment as alike in recognizing the borrower’s equity of redemption.
Enforcement of Rights not including the Transfer of Title
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter talks about the enforcement of rights in the case of quasi-security, which, apart from not being true security, does not involve the enforcement of a proprietary right. Non-consensual examples are few and far between. A former example of such a right was a landlord’s right, under section 6 of the Law of Distress (Amendment) Act 1908, to direct a sub-tenent to pay subrents directly to him in the event of a tenant’s failure to pay the rent. The landlord’s right was the equivalent of serving a third-party enforcement (formerly garnishee) order without having to go to court to procure the order. The only surviving example of a non-consensual right, it seems, is set-off.
Upstream Oil and Gas Disputes
Authors: Tevendale Craig , Bakstad Samantha 
Published: July 2018

Abstract
This chapter focuses on Joint Operating Agreements (JOAs). A JOA is an agreement between two or more companies which defines their respective rights and obligations in the exploration of a hydrocarbon project. The purpose of the JOA is for the participating companies to share risks (costs) and rewards (revenues) in relation to the project, and to define their respective roles. Among other things, the chapter discusses leading model form JOAs, as well as the interpretation and application of clauses typically found in JOAs, such as exculpatory or liability limitation clauses, pre-emption clauses, and clauses dealing with the consequences of a party's default or forfeiture. It also analyzes case law from various jurisdictions regarding implied or statutory obligations, such as duties of ‘good and fair dealing’ and fiduciary duties amongst the partners.
Gas Supply Transactions and Disputes
Authors: Finizio Steven , Howe Michael 
Published: July 2018

Abstract
This chapter first describes the main transactions that occur in relation to the supply of natural gas after its exploration. In particular, it studies contracts relating to: the production of gas (including drilling contracts), the processing of gas, the transportation of gas (including in pipelines and as liquefied natural gas (LNG) by ship), the storage of gas, the sale of gas from producers to wholesalers, and the sale of gas from wholesalers to end users. The chapter then discusses disputes that typically arise in relation to those transactions, including transportation infrastructure disputes and storage disputes. It pays particular attention to disputes relating to long-term gas sale and purchase agreements (GSPAs), an important number of which have led to high-profile arbitration proceedings in recent years. The chapter, therefore, analyzes in detail the clauses typically contained in those agreements, and the issues that typically arise in arbitration — in particular, gas price reviews.
Energy Construction and Infrastructure Disputes
Authors: Rees Peter , Connors Jess 
Published: July 2018

Abstract
This chapter discusses the types of disputes which commonly arise in relation to energy and infrastructure construction projects. In terms of physical subject matter — that is, what is being built — this encompasses a wide range of structures, both onshore and offshore. The chapter describes the types of energy and infrastructure construction projects covered here. Moreover, it shows that, despite the variety of problems which can arise in disputes, there are common pressure points in projects which give rise to similar issues. Therefore, the chapter identifies some of the standard form contracts which are used (often in an adapted form) in these types of projects. Next, the chapter considers — from an English law perspective — some of the types of clauses which commonly feature in energy and infrastructure construction contracts.
Mining Disputes
Authors: Heffron Raphael J 
Published: July 2018

Abstract
This chapter looks at recurring questions relating to the mining of natural resources (including coal, uranium, iron ore, and titanium, to name a few) which are important for energy projects around the globe. Despite its long history — international commercial mining activity has been common since the early 1800s — the mining sector has never established its own legal framework or mining-specific international law. Hence, the chapter discusses how mining-related laws, regulations, and disputes are the cross-road of conflicting, and sometimes contradicting, drivers: economics, politics, and environmental protection. It also describes several mechanisms aimed at preventing disputes, and recurrent issues in the mining sector: these include environmental impact assessments, social licences to operate, so-called ‘clean-up obligations’, and increased transparency obligations. Finally, this chapter applies the concept of ‘energy justice’ to disputes in the mining sector.
ECT and European Union Law
Authors: Bermann George A 
Published: July 2018

Abstract
This chapter also looks at issues that typically arise in Energy Charter Treaty (ECT) cases. In particular, it explores those cases in which respondent states have made use of EU law in mounting a jurisdictional or substantive defence under the ECT. First, regarding EU law as a jurisdictional defence, the chapter looks both at intra-European BIT cases and intra-European ECT cases. Regarding the latter, the chapter addresses, among other things, the critical question of whether the ECT is applicable to disputes between an EU member state and a national of another EU member state, or whether such application is precluded by an implicit ‘disconnection clause’ under the ECT, as argued by the EU Commission. Second, regarding EU law as a substantive defence, the chapter analyzes scenarios in which EU law arguably requires conduct, on the part of a member state, that the ECT itself forbids, or vice versa.
ECT and Renewable Energy Disputes
Authors: Gallagher Norah 
Published: July 2018

Abstract
This chapter discusses the Energy Charter Treaty (ECT) and renewable energy disputes in more detail. It begins with an overview of the framework of national and international regulations in the renewable energy sector. Next, the chapter looks at a recent series of ECT cases filed by investors in the renewable (predominantly solar) energy sector against Bulgaria, the Czech Republic, Italy, and Spain. The chapter compares this recent wave of arbitrations in the renewables sector with the first arbitration award rendered under the ECT, which also concerned incentives to encourage investments for cleaner energy. It concludes with reflections on whether Italy's decision to withdraw from the ECT was influenced by these most recent cases filed against it.
Energy Investor-State Disputes in Asia
Authors: Yen Koh Swee 
Published: July 2018

Abstract
This chapter takes a critical view on some energy-related investor-state disputes in Asia which have ‘left a bitter taste in the Host State's mouth’. Using selected case studies, the chapter concludes that some Asian countries, who once saw agreeing to investor-state arbitration as a means to attract investment, are nowadays more reticent towards this type of dispute resolution. The chapter discusses how to revive investor-state arbitration in Asia. In particular, it considers investor-state arbitration against the backdrop of recent growth in outward Asian investment. It emphasizes the importance of regional and international energy cooperation and initiatives such as the Association of South-East Asian Nations (ASEAN) Comprehensive Investment Agreement.
Energy Investor-State Disputes in Africa
Authors: Mbengue Makane Moïse , Sagar Samarth 
Published: July 2018

Abstract
This chapter analyzes some of Africa's regulation in the energy sector, including national legislation in Kenya and Mozambique. The energy sector is particularly important on the African continent, which is replete with traditional energy resources such as oil, gas, and coal — and has recently been seeing a growing emphasis on renewable sources of energy. Historically, the African energy sector has been dominated by the petroleum industry, and to a large extent this is still true today. The chapter looks at the legal instruments relating to investors' rights in Africa and dispute resolution mechanisms therein, distinguishing treaties, municipal legislation, and contracts. The chapter concludes that a major trend of resource nationalism exists on the African continent.
International Boundary Disputes and Natural Resources
Authors: Miles Wendy 
Published: July 2018

Abstract
This chapter deals with international boundary disputes and natural resources. After providing an historical context to modern boundaries, the chapter describes how climate change directly impacts land, food, and water access because of increased extreme weather conditions. Thus, climate change can threaten peace and security in fragile regions due to conflicts over diminishing inhabitable territory and natural resources. The chapter assesses how international boundary disputes can be affected by changing demands for oil (eg in Kurdistan and South Sudan), and for renewable energy resources (eg the ownership, use, and control of rivers crossing multiple borders). It also reflects on a more global scope the effects that climate change-related migration has on the modern understanding of international borders.
Climate Disputes and Sustainable Development in the Energy Sector
Authors: Magnusson Annette 
Published: July 2018

Abstract
This chapter provides an overview of energy-related sustainability objectives. It also provides a list of instruments aimed at their enforcement. Today, not many avenues are available to use international arbitration to enforce sustainability objectives. The chapter analyzes whether and how international arbitration can offer support for desirable developments towards meeting sustainable energy needs for the future by encouraging new instruments and other innovations. It also acknowledges the importance of what might be called ‘indirect’ enforcement of sustainability objectives, via legal instruments other than those defining the sustainability objectives as such (eg commercial arbitration enforcing the construction of a solar energy plant).
Multinational Military Operations
Authors: Fleck Dieter , Newton Michael A , Grenfell Katarina 
Published: July 2018

Abstract
This chapter discusses the use of multinational military units. Some European States, such as Germany, have incorporated large, if not most, parts of their national military forces in permanent multinational units. Many other States including the US are forming ad hoc military units for specific operations. The UN, NATO, and other international organizations are pursuing standby arrangements and high readiness commitments to allow for rapid response. In all these situations command and control issues are to be considered. While there are many different forms of multinational military cooperation, and Sending States will avoid regulating these matters in status-of-forces agreements (SOFAs) with the Receiving State, they are nevertheless relevant for the law and practice of Visiting Forces. This chapter draws some conclusions on the concept of multinational military operations for the North Atlantic Alliance, the European Union, and beyond.
UN Peace Operations
Authors: Bothe Michael 
Published: July 2018

Abstract
This chapter examines the laws regarding UN operations for the maintenance or restoration of international peace and security involving military elements. UN peacekeeping forces are by necessity present on ‘foreign’ territory—a fact which renders peacekeeping forces comparable to traditional Visiting Forces. There are, however, a number of differences which distinguish peacekeeping forces from the usual type of Visiting Forces. The main difference is their international mandate as an instrumentality of the UN. Their task is either the prevention or the pacification of international armed conflicts by serving as buffers or observers, or the reestablishment of internal order in a country through a wide array of measures, in particular after the end of an internal conflict. This specific mandate must be reflected in one way or the other in the legal rules which regulate their status and their rights and duties.
The Immunity of Visiting Forces and their Headquarters
Authors: Fleck Dieter 
Published: July 2018

Abstract
This chapter discusses the principle of immunity. Immunity comprises an exemption from criminal, civil, and administrative jurisdiction of the Receiving State. For any foreign visiting force immunity is an essential prerequisite for the successful performance of its mission in the receiving state. This principle was first developed for warships visiting foreign harbours where they were not only treated with courtesy, but also held exempt from the Host State’s authority. Immunity of foreign Visiting Forces and their military headquarters in the Receiving State is furthermore an element of State immunity. This immunity is rooted in customary international law and exists even in the absence of a status-of-forces agreement (SOFA). Headquarters established by international organizations and their forces deployed in the Receiving State share the immunity of their organization.
General Overview
Authors: Fleck Dieter 
Published: July 2018

Abstract
This chapter provides an overview of the relevant issues of the UN Model SOFA and the NATO SOFA. Remarks on peace operations mainly focus on those conducted or authorized by the UN. They may, however, become relevant for peace operations conducted by other international organizations as well. Likewise, rules and provisions of the NATO SOFA may offer some food for thought when regulating military cooperation outside the North Atlantic Alliance. Hence, specific requirements notwithstanding, the chapter offers some legal considerations which may be helpful in other cases as well. It addresses these in context, thus explaining similarities and differences on the status of foreign Visiting Forces (jus in praesentia) from both practical experience and theoretical viewpoints.
Dependents
Authors: Hartov Mette Prassé 
Published: July 2018

Abstract
This chapter looks at the status provided to dependents under the NATO SOFA and supplementary agreements. The NATO SOFA definition identifies eligible dependents as the spouse of a member of a force or civilian component and children of a member of a force or civilian component when depending on their support. The principal definition excludes all other family members. To compensate for this, the definition has been broadened in supplementary agreements to both the NATO SOFA and to the Paris Protocol, as well as in national legislation. The common feature of these wider definitions is that factual dependents are included in the definition, i.e. persons/relatives who are dependent on the support of a member of the force or a member of a civilian component.
Permits and Licences
Authors: Conderman Paul J 
Published: July 2018

Abstract
This chapter explains issues regarding the operation of vehicles by military and accompanying personnel in a different country. As is the case with criminal jurisdiction, the question of authority to operate motor vehicles by these individuals was initially a question of the ‘Law of the Flag’. When forces brought military vehicles and equipment into a host country with its consent, they were deemed to be authorized to operate such motor vehicles and equipment for which they had been trained and certified by the Sending State. The stationing of large numbers of troops, civilian personnel, and accompanying family members in peacetime after the founding of the Atlantic Alliance also necessitated more detailed rules and regulations for driving and driving permits. This issue was dealt with in rather similar ways in both the UN Model SOFA and the NATO SOFA.
Vehicles
Authors: Conderman Paul J 
Published: July 2018

Abstract
This chapter addresses the issues that come with vehicle registration. The UN Model SOFA and NATO SOFA implicitly provide that service vehicles shall not be subject to registration by the Receiving State. Rather the Sending State—and in UN peace operations the UN Secretariat—bears responsibility for this. In addition, the NATO SOFA does not deal with the registration of private vehicles. The principle is therefore that of submission to the laws and regulations of the Receiving State. The question of insurance for service vehicles meanwhile is largely a moot one, as they are property of the Sending State, a self-insurer. The purpose of insurance is to compensate victims for damage and claims arising out of the operation of service vehicles in the performance of official duty.
Premises
Authors: Black-Branch Jonathan L 
Published: July 2018

Abstract
This chapter discusses the right to premises. The provisions dealing with premises in the UN and NATO SOFAs are both aimed at ensuring the Host State actually provides, or does its best to assist, the Sending State in acquiring the services and property necessary for carrying out the specific mission of the Visiting Forces. The models differ on the specific rights, powers, and duties of the Host State and the Sending State or organization as well as the jurisdiction of the Host State over the premises. The original purpose of NATO SOFA Art. IX was to make the services and property required to a force. On the other hand, the UN SOFA seems to lean more toward protecting the rights, safety, and operations of visiting UN forces.
Military Law Enforcement
Authors: Voetelink Joop 
Published: July 2018

Abstract
This chapter explores the enforcement jurisdiction of Sending States in international military cooperation and international (crisis management) operations. It analyses enforcement jurisdiction and the limits on extraterritorial exercise of that jurisdiction under international law in general and also briefly addresses the concept of international legal assistance in criminal matters that allows States to deal with transnational aspects of crimes outside the framework of military cooperation and operations. The chapter then explores the scope of jurisdictional provisions in status-of-forces agreements (SOFAs). Since extraterritorial enforcement powers of States are limited, SOFAs generally include a basic provision ensuring mutual legal assistance of the States involved in carrying out criminal and other investigations. This chapter also discusses the scope of these provisions and turns to some specific powers, such as the right to exercise police powers for the purpose of maintaining (internal) order and discipline.
Logistic Support
Authors: Llarena Eduardo Martinez 
Published: July 2018

Abstract
This chapter discusses logistic support arrangements. When properly orchestrated, logistics arrangements can be conceived as a decisive instrument of multinational warfare and champion the change from a military coalition to an alliance. Nevertheless, logistics is a low-profile discipline that only comes to light when it fails. In this regard, looking for market-oriented efficiencies should never result in a gap on strategic projection. It is by creating and sustaining superior performance that an organization will dilute costs due to a greater value of its overall activities. Very great attention is paid to short-term cash economy in detriment to long-range military planning benefits. Tactical logistics are well monitored: everyone understands the importance of not running out of fuel during combat and it is not difficult to flag the problem. On the other hand, strategic logistics and its implication on support arrangements are frequently neglected during peacetime.
Financing Operations
Authors: Chalanouli Nikoleta 
Published: July 2018

Abstract
This chapter provides an overview of the financial system that has been established regarding the financing of operations, mostly within a multinational framework. States have their own modalities for securing funding when entering into an operational framework. Simultaneously, States in the last century have seen the value in moving forward with multinational coalitions, at times formed with the modalities of international organizations. However, this development was not always foreseen by all international organizations; at times, some struggled to cover the needs of an operation. Moreover, while certain rules have been developed for the funding of approved operations within an international framework, the responsibilities and control that the Member States give over to the organization is also different from one organization to the next.