bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Fleck Dieter 
Published: July 2018

Abstract
This introductory chapter briefly explores the nature and development of the laws regarding Visiting Forces. The relevant rules of international law need to be implemented at national level, a task that makes close cooperation and international exchange essential. This requires a good perception of the objectives of the law of Visiting Forces based on historic developments and current treaties. Moreover, the chapter examines the relationship between international law and national law, which is of particular interest for any activity of foreign armed forces in a Host State. Out-of-area deployments, i.e. deployments in third countries not belonging to the same regional organization or military alliance, also require specific considerations insofar as specific Status-of-Forces Agreements (SOFAs) will be necessary. Finally, existing international law and practice is evaluated with a view to the question whether rules of customary law are evolving in this respect.
Historical Developments Influencing the Present Law of Visiting Forces
Authors: Rowe Peter 
Published: July 2018

Abstract
This chapter focuses on the historical and the legal development of the North Atlantic Treaty Organization (NATO) SOFA in 1951 and subsequent developments. It shows how prior to 1951, bilateral agreements reflected the relative bargaining positions of the Sending and Receiving States and how the terms of the 1951 multilateral treaty were debated in the legislatures of the US and the UK. This is no mere ‘lawyers’ law’ concerned solely with resolving conflicts of jurisdiction between different States. The issues raised within it are frequently of constitutional significance, ranging from the protection of the citizen and of the serviceman to ‘immunity’ from the jurisdiction of the Receiving State. This chapter also sketches the background to challenges posed by post-cold war types of military operations in the law relating to Visiting Forces
Communications
Authors: Atanasov Vladimir , Conderman Paul J 
Published: July 2018

Abstract
This chapter examines the role of telecommunications in the law of Visiting Forces. The ability to send and receive messages is indispensable to military operations. With this in mind, modern status-of-forces agreements (SOFAs) grant broad latitude to Sending States in the field of communications, while taking into consideration that in peacetime, Sending State forces must cooperate with the communications authorities of the Receiving State in order to avoid the possibility of communications breakdown or interruption. Generally speaking every State has the sovereign right to provide for and regulate its telecommunication and radio frequencies spectrum. The term ‘telecommunications’ is usually defined by making a reference to the definition given in the Convention of the International Telecommunication Union.
Claims
Authors: Prescott Jody M 
Published: July 2018

Abstract
This chapter posits that the three essential features of an ideal damage claims programme are transparency, consistency, and accountability. It provides a historical review of different claims programmes beginning with World War I and concluding with recent operations in Afghanistan, and assesses them against these three criteria. Because of the length of time over which they have been conducted, the vast scope of operations in which they have occurred, and their generally successful performance, this chapter focuses only on claims operations in the NATO context. It also briefly reviews the EU, UN, and the Warsaw Pact claims programmes, with particular regard to their relationships with NATO claims programmes. In addition, the US claims experiences in the NATO and NATO-led context are used to illustrate the details and complexities of settling claims resulting from military activities.
Tax and Customs Exemptions
Authors: Conderman Paul J , Chalanouli Nikoleta 
Published: July 2018

Abstract
This chapter deals with tax and customs exemptions. Aside from the exercise of criminal jurisdiction, the most visible power of a sovereign State is the power to levy and collect taxes. Governments are free to decide who should pay taxes, what kinds of taxes are to be imposed, and how they are calculated. When nations enter into treaties for mutual support, the goal of collective security overrides any notion of financial gain by either the Sending or Receiving State as a result of the presence of Visiting Forces in the Receiving State. This is not to say that there are no circumstances under which a Visiting Force or its personnel may be subject to the fiscal laws of the Receiving State, but the Receiving State should not in general benefit financially as a result of the mere presence of foreign forces whose responsibility it is to assist in its defence.
Foreign Exchange Regulations
Authors: Chalanouli Nikoleta 
Published: July 2018

Abstract
This chapter analyses foreign exchange regulations and their relevant status-of-forces agreement (SOFA) provisions. Provisions concerning currency, foreign exchange, and foreign exchange regulations are common in SOFAs; in practice, they are also crucial in the everyday life of the sending forces and the relationship with the Receiving State. This chapter first provides a general overview of the terms used in such provisions, noting also on the needs for such provisions. It then provides a succinct presentation of the framework upon which UN Model SOFA and the NATO SOFA were concluded and how this affected later on interpretations of the relevant provisions. Finally, this chapter concludes with an examination of the provisions themselves.
Revision
Authors: Burkhardt Frank 
Published: July 2018

Abstract
This chapter concerns reviews or amendments on international treaties provisions. Art. XVII NATO SOFA contains a provision that foresees a revision, stating that any contracting party may at any time request the revision of any Article of the Agreement. Moreover, this request is to be addressed to the North Atlantic Council. The UN Model SOFA does not provide for any revision. While this may be appropriate due to the fact that peace operations are generally planned for a limited duration, the fact that some of them are of unexpectedly long duration with an obvious need for reviewing and adapting certain rights and responsibilities, would show a need for formal revision clauses in UN SOFAs.
United Nations Headquarters in the Field
Authors: Klappe Ben F 
Published: July 2018

Abstract
This chapter turns to the UN operating locations established in Host States. In the day-to-day practice of multidimensional peace operations, the UN mission usually is established as a multifaceted mission, often located in or near the Host State capital. But depending on the type of the mission, other field locations or duty stations may be used by the various components of the mission. Operating locations may be spread out in the various provinces and districts of the Host State. At the country level, UN resident coordinators and UN country teams implement the UN Development Group’s strategic priorities by identifying the national policies, programmes, and capacity development gaps and challenges, to which the UN system can best contribute under national ownership and leadership by mobilizing the full range of mandates and expertise of the UN development system.
Other Military Headquarters
Authors: Mekonnen Daniel Rezene , Tardy Thierry , Tuzmukhamedov Bakhtiyar 
Published: July 2018

Abstract
This chapter discusses military headquarters in the context of three key regions. These are: the African Union, the European Union, and the Commonwealth of Independent States (CIS). In the first case, the very idea of Pan-African collective military cooperation is a newly developing norm—one that requires further improvements and academic study. Meanwhile, EU military operations have been planned and conducted according to rules and by structures established as the EU security policy was defined in the late 1990s and early 2000s. Finally, the CIS signed the Charter of the Collective Security Treaty Organization (CSTO) to implement military-related authority of the Organization.
Alternative Approaches to Certain Deployments
Authors: Filippucci Gunter 
Published: July 2018

Abstract
This chapter discusses ‘A&T agreements’, which are a type of Visiting Forces agreements. It explains the unique nature, purpose, and intent of such agreements, and discusses particular provisions commonly found in such agreements. A&T agreements have become a common fixture in the practice of many nations in support of short duration military deployments, especially in support of exercises and humanitarian activities. As a form of A&T agreement, the Global SOFA Template (GST) in particular is valuable to study for its ‘best-case’ language, although in practice it would be best to tailor the language to the situation at hand, giving due consideration for the legitimate interests of the receiving state. Regardless, the increasing acceptance of A&T agreements is a positive development which makes the negotiation of status arrangements for deploying forces increasingly simple.
Canada
Authors: Wahl Ruth I 
Published: July 2018

Abstract
This chapter discusses the law of set-off in Canada both outside and within insolvency. The law relating to set-off is very similar throughout Canada's provinces except Quebec. Set-off is thus a matter of provincial law in general and determining whether a set-off claim is valid and enforceable will depend on the law of the province where such claim is being asserted. The chapter first provides an overview of set-off between solvent parties in Canada, focusing on legal set-off, equitable set-off, statutory set-off, contractual set-off, set-off in relation to subsidiaries, and the right of set-off with regard to security interests. It then considers set-off against insolvent parties, taking into account bankruptcy proceedings under the Bankruptcy and Insolvency Act, receiverships, and reorganization proceedings under the Companies Creditors' Arrangement Act. It also examines issues that arise when the law of set-off is applied in a cross-border context.
Hong Kong
Authors: McKeown Richard 
Published: July 2018

Abstract
This chapter provides an overview of the law of set-off in Hong Kong. Set-off in Hong Kong is classified into legal, contractual, equitable and bankruptcy set-off. The first three types of set-off are subject to common law principles, whereas set-off on bankruptcy is regulated by section 35 of the Bankruptcy Ordinance. The relevant principles applied to set-off are generally those of English common law. The chapter begins with a discussion of set-off outside insolvency, focusing on equitable set-off, legal set-off, and contractual set-off. It then considers set-off against insolvent parties, taking into account statutory set-off, before concluding with an analysis of cross-jurisdictional issues arising from the right of set-off.
Italy
Authors: Curran Lisa 
Published: July 2018

Abstract
This chapter discusses the law of set-off in Italy. Under Italian law, set-off is recognised as a mechanism for extinguishing an obligation. The Civil Code classifies set-off by operation of law, by intervention of the judge, or by the will of the parties. The Code also lays down particular rights of combination with regard to amounts credited and debited to current accounts, as well as specific rights of set-off with regard to balances of a plurality of accounts or other relationships between a bank and its customer. The chapter first provides an overview of legal and contractual set-off between solvent parties before analysing set-off against insolvent parties. It examines the relevant provisions of the Italian Bankruptcy Law and the question of voidable preferences with respect to set-off. It also looks at issues arising from cross-border set-off between solvent parties and cross-border set-off against insolvent parties.
Romania
Authors: Jardine Bryan W 
Published: July 2018

Abstract
This chapter provides an overview of the law of set-off in Romania, both outside and within the context of insolvency. Under Romanian law, set-off is of two types: legal set-off, which arises by operation of law, and contractual set-off, which arises through a written agreement between parties. The rules for legal set-off are laid down in the Romanian civil code adopted by Law no. 287/2009 (the New Civil Code). The chapter first considers legal and contractual set-off between solvent parties before discussing set-off against insolvent parties. It explains bilateral set-off as well as financial collateral and challenge in insolvency proceedings. It also analyses the provisions of EU Regulations, EU Insolvency Regulation, and the New Civil Code that are relevant to cross-border set-off.
South Africa
Authors: Scholtz Johann , de Villiers Dawid 
Published: July 2018

Abstract
This chapter discusses the principle of set-off in South Africa in relation to common law and legislation, both outside and within the context of insolvency. It considers set-off between solvent parties and set-off against insolvent parties, along with cross-border issues arising from set-off in both cases. With regard to solvent parties, illegal debts or debts prohibited by statute, or certain debts such as alimony or taxes due to the fiscus, cannot be set off. Debts that have already prescribed prior to the necessary mutuality of debts arises also cannot be set off under the common law. Under insolvency, set-off is not valid and binding unless all the common law requirements exist before the insolvency of one of the parties to an agreement (and when the concursus creditorum is established).
Switzerland
Authors: Frick Jürg 
Published: July 2018

Abstract
This chapter provides an overview of the law of set-off in Switzerland. Under Swiss law, set-off functions as a mechanism of substantive law that extinguishes two obligations to the extent of the smaller obligation. The basic legal framework for set-off is a unilateral act pursuant to Article 120 et seq of the Swiss Code of Obligations of 1911, as amended (CO). The chapter first considers the CO requirements for set-off between solvent parties as well as its mechanism and effects before discussing the legal framework applicable to set-off against insolvent parties. In particular, it examines the implications for mutuality of the distinction under Swedish law between the assets and liabilities of the estate and of the receivership. It also outlines the restrictions on set-off in the event of insolvency before concluding with an analysis of set-off issues in the cross-border context arising from conflict of laws, international jurisdiction, and insolvency proceedings.
Membership
Authors: Lichtenstein Natalie 
Published: July 2018

Abstract
Chapter 5, Membership, lays out the framework that was agreed for AIIB membership. AIIB membership is open to any member of the International Bank for Reconstruction and Development (IBRD) or Asian Development Bank (AsDB). All of the Prospective Founding Members that signed the AIIB Charter can become members (almost all have already joined). New members are approved by AIIB’s Board of Governors; more than twenty new members were approved in 2017. This Chapter describes the benefits for Founding Members, and the differences for regional and non-regional members. AIIB’s regional members are located in Asia, under a United Nations definition. Regional members are expected to represent 75% of AIIB’s shareholding, and the President must be a national of a regional member. AIIB also has provisions for withdrawal and suspension of membership, very close to the provisions for other multilateral development banks. Tables compare IBRD, AsDB and AIIB membership (regional and non-regional, and new AIIB approvals).
Institutional Matters
Authors: Lichtenstein Natalie 
Published: July 2018

Abstract
Chapter 9, Institutional Matters, outlines the provisions of the AIIB Charter most relevant for its status as a treaty, its international character, AIIB’s Charter-based privileges and immunities as an international organization, and the framework for the administration of the Bank. For the treaty aspects, this Chapter covers the legal requirements of signature and ratification, amendment and interpretation—all similar to other multilateral development banks. The Charter provisions establishing AIIB’s international character are detailed. AIIB’s privileges and immunities as an international organization are based on similar protections for other multilateral development banks, in aspects such as legal status, immunity from judicial proceedings, immunity of assets and archives, freedom of assets from restrictions, immunities and privileges of officers and employees, and exemption from taxation. Key elements of AIIB’s administrative framework are summarized, including officers and employees and offices (its Beijing headquarters). The public information interim policy and corporate procurement policy are also described.
The Third Alternative of Surrender to a Competent International Criminal Tribunal or a Hybrid Tribunal and its Impediments
Authors: Kittichaisaree Kriangsak 
Published: July 2018

Abstract
The chapter elaborates the practical difficulties and principled opposition to the third alternative of surrender to a competent international criminal tribunal or hybrid tribunals, especially among several States in Africa on the grounds of discriminatory justice and/or the allegedly prevailing rule of customary international law of immunity of the head of State and some other senior State officials. In particular, while Article 27 of the 1998 Rome Statute of the International Criminal Court deems the official position of any person to be irrelevant, Article 98 of the same Statute sets conditions for cooperation with respect to waiver of immunity or consent for surrender of the person, which may not be forthcoming in practice. The author explains how the conflicting rules can be reconciled, if at all.
Equality and Non-Discrimination in the UNDRIP
Authors: Gover Kirsty 
Published: July 2018

Abstract
This chapter analyses the rights to equality and non-discrimination in Articles 2, 6, and 7(1). The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) covers the full spectrum of rights contained in international and regional instruments, adapted to the circumstances of indigenous peoples. Because the UNDRIP has an exceptionally wide substantive scope, debates about equality and non-discrimination were a central part of the negotiations leading to its adoption. Where provisions of the UNDRIP were thought to deviate from rights already expressed in international law, they were perceived in some states to compromise the fundamental principles of equality and non-discrimination that underpin existing human rights' instruments. In this way, the extensive discussions about equality and indigeneity that characterized the development of UNDRIP are also debates about the continuity and coherency of international human rights' law.
Intellectual Property and Technologies
Authors: Stoll Tobias 
Published: July 2018

Abstract
This chapter looks at the specific right to intellectual property and technologies in Article 31. Article 31 sets out a number of rights of indigenous peoples relating to their science, technology, and culture, and calls for State action in this regard, which is to be taken with the involvement of those peoples. The provision relates to three different subject matters, between which there obviously exists quite some overlap. It refers, first, to ‘cultural heritage, traditional knowledge and traditional cultural expressions’. Second, it refers to ‘intellectual property’ over such heritage, knowledge, and expressions, and third, to ‘manifestations of…sciences, technologies and cultures’ — representative examples of which find themselves included in an illustrative list. According to Article 31, with a view to each of these subject matters, indigenous peoples have a right to ‘maintain, control, protect and develop’.
Indigenous Rights to Development, Socio-Economic Rights, and Rights for Groups with Vulnerabilities
Authors: Pérez-Bustillo Camilo , Hohmann Jessie 
Published: July 2018

Abstract
This chapter looks at Articles 20, 21, 22, 21, and 44, considering rights to development, socio-economic rights, and rights for groups with particular vulnerabilities. These provisions are centred on: the economic, social, and cultural rights of indigenous peoples, with a particular focus on the right to health; their right to development; and the rights of those indigenous individuals and groups who are particularly vulnerable, including women and children, and again with a particular focus on women's rights to be free from violence. The provisions highlight the evolving place of indigenous rights within the overall framework of international law and international human rights. However, the negotiating history of the provisions demonstrates that some of the core issues addressed in these Articles remain contested. The right to development itself, let alone a vision of development in harmony with indigenous worldviews, remains controversial and resisted by states.
FinTech and Alternative Finance in the CMU
Authors: Ferrarini Guido , Macchiavello Eugenia 
Published: July 2018

Abstract
This chapter focuses on FinTech, which offers firms and individuals new ways for accessing alternative sources of finance. It first examines the main types of alternative finance which technology has helped to develop and could further complement the traditional markets, focusing on marketplace investing and its perspectives in Europe. It then analyzes financial return crowdfunding as an application of marketplace investing; its main business models, such as investment-based and loan-based crowdfunding; and the risks and benefits deriving from them. Next, it compares the different regulatory models applicable to crowdfunding at EU and member states' levels, distinguishing between the traditional approach, which extends existing banking or financial regulation to these new sectors, and the ‘innovative’ approach contemplating ad hoc regimes for crowdfunding. The final section suggests a tailored policy approach to marketplace investing in the Capital Markets Union.