bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Ethiopian Military Intervention in Somalia—2011
Authors: Martin Jean-Christophe 
Published: July 2018

Abstract
This contribution focuses on Ethiopia’s intervention in Somalia in October 2011 in order to fight Al-Shabaab. Since this intervention was not authorized by the UN Security Council, its legality needs to be assessed through the question of Somalia’s consent, expressed by the Transitional Federal Government. It can be assumed that this government validly consented to the intervention, which was also supported at the IGAD level. Indeed, not only was the Transitional Federal Government internationally recognized as the representative of Somalia, it also exercised effective control over the state’s territory.
Threats of and Actual Military Strikes Against Syria—2013 and 2017
Authors: Lagerwall Anne 
Published: July 2018

Abstract
This chapter examines the threats of military intervention expressed by the United States, the United Kingdom and France in reaction to the use of chemical weapons during an attack in the Ghouta area of Damascus in 2013 as well as the military strikes launched by the United States following the use of chemical weapons during an attack in the Khan Sheikhun area of Southern Idlib in 2017. After recalling the facts and context of the Syrian crisis, it studies the legal positions of the main protagonists (the United States, the United Kingdom and France) and the reactions of third States and international organisations. The final section analyses the envisaged and actual intervention’s precedential value and its impact on the jus ad bellum. It argues that targeting the military assets of a sovereign State as a reaction to violations of international law that this State has supposedly committed is far from being unanimously accepted from a legal point of view.
The Saudi-led Military Intervention in Yemen’s Civil War—2015
Authors: Ferro Luca , Ruys Tom 
Published: July 2018

Abstract
This chapter addresses the intervention in Yemen’s civil war launched by Saudi Arabia on 26 March 2015. The intervention was supported by Gulf Cooperation Council and other Arab countries, and received technical and logistical support from the United States and the United Kingdom. After retracing the origin and development of the internal conflict, the contribution provides an overview of the legal positions of its main protagonists and the reaction (or lack thereof) by other States. Closer scrutiny of the operation’s legality nonetheless reveals that the self-defence justification, which is primarily relied upon, does not provide a convincing legal basis. Moreover, the intervention is problematical from the perspective of the intervention by invitation doctrine and exposes its indeterminacy and proneness to abuse. As a result, the authors argue in the final section that if the concept of ‘counter-intervention’ (as a possible exception to the prohibition on intervention during civil war) is to be more than an empty shell, it should be subject to a proportionality test.
Analogous Provisions and Avoidance Techniques
Authors: Halson Roger 
Published: July 2018

Abstract
This chapter first examines the provisions that operate in a similar way to a stipulated damages clause. These include advance payments, forfeiture clauses, and deposits. As these analogous provisions are either subject to a different, or no, regulatory regime they are often the basis of ‘avoidance techniques’ used deliberately to evade the restrictions of the penalty rule. These techniques are examined in the second part of the chapter. The final section outlines some general guidance about the drafting of clauses which will be subject to review. The general points discussed are supported by reference to the relevant case law considered elsewhere in this book that inform, or are essential background to, the guidance offered.
Statutory Framework for UK Financial Services Regulation
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the statutory framework for financial services regulation in the UK. The regulatory reforms that culminated in the break-up of the Financial Services Authority (FSA) and the return of regulatory responsibilities to the Bank of England have complicated but in many ways reinforced the original vision of a consolidated statutory framework for all financial services regulation under the Financial Services and Markets Act 2000 (FSMA). The FSMA is undoubtedly more complicated because of the need to accommodate collaboration between the Financial Conduct Authority (FCA) and the Bank of England acting as Prudential Regulation Authority (PRA). The chapter provides an overview of the structure and statutory framework of the FSMA as well as the functions of the FCA and the PRA. It also considers the scope of financial services regulation under the FSMA and the confidentiality of information obtained by the FCA and the PRA in the discharge of their functions.
European Financial Services
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the evolution of the European Union' financial services law and its impact on the development of financial services law in the UK, as it stands at the end of 2016, six months after the EU referendum. It first describes the evolving role and functions of the EU institutions, namely: the Council of Ministers, the European Commission, the European Court of Justice, and the European Parliament. It then considers the primary sources of EU law, including treaties, and the effects of the various changes in the Treaty of Rome. It also discusses the establishment of the single market in financial services and the moves to establish a banking union. Finally, it analyses the substantive financial services measures that have been adopted in the EU since the 1970s.
Financial Redress—Complaints, Disputes, and Compensation
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the regulatory procedures for handling consumer complaints involving financial services firms as well as the process of dispute resolution and compensation available to complainants. In particular, it discusses the role of the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS), introduced under the Financial Services and Markets Act 2000 (FMSA). It also considers the functions of the Financial Conduct Authority (FCA). The chapter first provides an overview of the DISP Rules, which contain the complaint handling requirements for firms, before describing major sources of complaints against financial services firms, including Payment Protection Insurance (PPI). It then analyses financial redress by the FCA in the form of restitution, injunctions, industry review, and a ‘qualifying parent undertaking’. It also looks at the statutory frameworks of the FSO and the FSCS.
Market Abuse
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the market abuse regime designed to protect and maintain orderly financial markets in the UK. It first provides an introduction to market abuse before discussing the development of the market abuse regime and the provisions of the European Union Market Abuse Regulation (EU MAR). It then considers the range of civil offences under the market abuse regime, including offences committed before EU MAR took effect, as well as the legislative and regulatory rule changes that were required in the UK to implement EU MAR. It also explains the distinction between criminal prosecution and civil action by the Financial Conduct Authority (FCA), the obligations to detect and prevent market abuse, and the range of sanctions that can be imposed by the FCA for breaches of EU MAR. The chapter concludes with an analysis of enforcement trends, the mood of the regulator and future developments relating to market abuse.
Banks and Banking
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the statutory regime for the regulation of banks and banking in the UK. It first considers the development of UK banking supervision before discussing the traditional nature of bank supervision and the role and function of the Bank of England. It then reviews earlier and more recent crises in UK banking markets, including with regard to Northern Rock, and the circumstances surrounding the transfer of responsibility for bank supervision initially from the Bank of England to the Financial Services Authority (FSA) and then from the FSA to the Prudential Regulation Authority. It also analyses the main provisions contained in the Bank of England Act 1998, later amendments under the the Banking Act 2009 and the Financial Services Act 2012, and relevant sections of the Financial Services and Markets Act 2000 (FSMA). Finally, it explores the most recent changes announced with regard to ring-fencing, recovery planning, and resolution.
Insurance Regulation
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the statutory regime for the regulation of insurers as well as intermediaries and brokers dealing with insurance products. It first provides an overview of terminology and categorisation of insurance under European Union legislation and UK regulation before discussing the evolution of the regulatory approach to insurers. It then considers EU law and UK law on insurance and reinsurance, along with the relevant provisions of the Financial Services and Markets Act 2000, Contracts (Rights of Third Parties) Act 1999, and other applicable legislation. It also analyses insurance regulation under the Financial Ombudsman Service and the Financial Services Compensation Scheme. Finally, it assesses the influence of EU legislation on the structure and much of the detail of the UK regulatory regime for insurance.
Wholesale Investment Firms
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the UK regulatory framework governing wholesale investment firms. It first provides a brief historical overview of the evolution of regulation with respect to investment firms, from the Anderson Report to the Bodkin Report, the Prevention of Fraud (Investments) Acts 1939/1958, and the Gower Report. The chapter proceeds by discussing the Investment Services Directive 1993, the Financial Services and Markets Act 2000 (FMSA), and the Financial Services Act 2012. It also considers the current state of financial services regulation in the European Union by focusing on the Markets in Financial Instruments Directive and the European Markets Infrastructure Regulation. Finally, it analyses the Prudential Regulation Authority's (PRA) Fundamental Rules and the Financial Conduct Authority's (FCA) Principles for Businesses, financial promotions and client communications under FMSA, and rules on dealing in securities and conflicts of interest.
Retail Investment Firms
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the UK regulatory framework governing retail investment firms. It begins with a discussion of financial scandals related to mis-selling of pensions, mortgage endowments and payment protection insurance. It then considers the changing regulatory environment for investment business, the general principles of conduct for investment firms, and the question of whether a representative or intermediary is under a duty to provide accurate or adequate information or has a duty to advise as to the suitable course of conduct. It also analyses the relevant provisions spelled out in the Conduct of Business Sourcebook (COBS) and the Markets in Financial Instruments Directive before concluding with an analysis of the effect of the legal ‘cut-over’ from the Financial Services Authority to the Financial Conduct Authority (FCA).
Home Finance Transactions
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the regulatory regime for building societies in their capacity as lenders and for home finance transactions, which includes lending on mortgage secured on domestic property, home purchase business, and home reversion business. It begins with a discussion of the supervision and regulation of building societies before the Financial Services and Markets Act 2000 (FSMA) and under FSMA. It then considers some key developments relating to the regulation of mortgage and home finance business, including the European Commission's introduction of the Mortgage Credit Directive and the replacement of the Financial Services Authority by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). The chapter also analyses the regulation of the consumer buy to let mortgage business, home reversion plans, home purchase plans, and regulated sale and rent back agreements before concluding with a review of the Prudential Sourcebook for Mortgage and Home Finance Firms and Insurance Intermediaries.
Consumer Credit
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter focuses on the regulation of consumer credit in the UK. It first traces the history of the regulatory framework for moneylending, with particular emphasis on the Consumer Credit Act 1974 (CCA 1974) and the Financial Services Act 2012, the latter of which led to the transfer of consumer credit regulation to the Financial Conduct Authority (FCA). It explains how regulatory powers over consumer credit (and hire) activity came to be exercised by the FCA under the Financial Services and Markets Act 2000 (FSMA) and how consumer credit advertisements (and quotations) are regulated under the FSMA's ‘financial promotion’ regime. It also reviews the special terminology used by the CCA 1974 such as credit, consumer credit agreement, and running account credit. Finally, it examines regulated activities relating to consumer credit and special regulatory control applicable to consumer credit.
Financial Collateral
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter discusses the significance of distinguishing between the various types of property over which security may be taken, or which may be the subject matter of a retention of title or other quasi-security device, since the same general principles will be applicable whatever the nature of the property. There are also differences between the various kinds of property, which will mean that the way the law applies in practice will differ. Thus, a charge over either ‘inventory’ such as stock in trade or raw materials will in practice usually have to be a floating charge rather than a fixed one; the chapter shows how it is very difficult to take and maintain a fixed charge over book debts or other receivables.
Rights Not Including the Transfer or Retention of Title
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter talks about how set-off is the process by which a claim is reduced or eliminated upon account being taken of a cross-claim. Set-off comes in a number of different forms arising by operation of law. Some of these forms may be expanded or abbreviated (even eliminated) by a contract between the relevant parties. There are also several rules that bear a close resemblance to set-off but that technically are, or may be, distinct. These include the ability of a buyer, receiving defective goods, to deduct a sum representing their diminished value from the purchase price claimed by the seller if he has not already paid the price; the adjustment at intervals of a running account between two parties; and the contractual netting processes that take place in financial and other markets.
Registration and Other Perfection Requirements
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter looks at how the expression ‘perfection’ is a useful way to describe steps that a secured creditor has to take in order to be able to make the security effective against other secured creditors, trustees in bankruptcy, and company liquidators or administrators. The methods of perfection set out in Revised Article 9 of the Uniform Commercial Code consist of possession, control, and registration. Care must be taken, however, in applying the concept of perfection to English law. First, Article 9 requires that every security interest be perfected, although for some types of security interest no extra step is needed beyond the security being agreed and attaching to the collateral. Second, the steps needed to be taken to register, as well as those needed to obtain control, are different to those required in English law.
Interests Created by Companies
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter examines how, when a company creates a charge, particulars of it and a certified copy of any charge instrument must be delivered for registration within twenty-one days of the creation of the charge, unless the charge is exempt from registration either under the Companies Act 2006 itself or other legislation. The registrar must register the documents if they are delivered by either the company or by any person interested in the charge (typically, the secured creditor) within twenty-one days of the charge being created. The chapter also shows how clauses in floating charges that prohibit or restrict the company from creating further security that will rank equally with or ahead of the charge are now registrable.
General Priority Rule: Nemo Dat (First in Time to be Created Wins)
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter explains how the basic principle of priority between all kinds of interest is that of nemo dat quod non habet. In the context of priority disputes this is often referred to as the principle that the first in time to be created wins. There are various justifications for this rule in addition to longevity. First, there is the intuitive idea that one cannot give what one has not got. If one owns an asset and gives it to another, one no longer owns it and has nothing to give to someone else. Second, one can argue that if the basic rule were not first in time, parties would normally so arrange their affairs in any case so that priorities, at least between security interests, operated on this basis.
Other Priority Issues
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter considers the priority conflict between creditor interests and another creditor’s security interest or title retention right. The availability of set-off rights to a debtor is not usually expressed as presenting an issue of priority in respect of that debt when debt is assigned by the creditor. This is because the debtor is not asserting a proprietary interest in its own indebtedness when claiming to set-off, against the assignee, the claim that it has against the assignor. For instance, if A owes money to B and B assigns that debt in favour of C, whether outright or by way of charge, A will be entitled to rights of set-off so long as, in the case of legal set-off, A’s entitlement to do so does not arise after A has notice of the assignment in favour of C.
Conflict of Laws
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter details how, in respect of security in the narrow sense, as well as in the more extended sense that includes title-based financing, the law of secured transactions raises issues that may be either contractual or proprietary in nature. It deals with cross-border issues in two main areas: first, the choice of law rules for contract and personal property; and second, uniform substantive law pertaining to contract and personal property and located in international conventions. The chapter also shows how the characterization of an issue arising out of a transaction as contractual or proprietary in nature, for the purpose of selecting the appropriate choice of law rule, is not an easy matter.
Criticism and Reform Proposals
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter discusses how aspects of law governing security over personal property, and especially the registration requirements for company charges and for bills of sale and the rules of priority, have been criticized for many years. There has been a series of reports recommending reform; some of these have recommended amendments to the Companies Act and the rules of priority of charges registered under the Act. Meanwhile, others have proposed more radical reforms that would replace both the Companies Act and the Bills of Sale Acts with a ‘notice filing’ scheme based on Article 9 of the United States Uniform Commercial Code and subsequently adopted, with slight variations, in many Canadian provinces and New Zealand.
Introduction
Authors: Scherer Maxi 
Published: July 2018

Abstract
This chapter discusses energy arbitration and its importance on an international level. Given the important economic, political, and societal issues at hand, energy-related disputes arise frequently throughout the world, and arbitration has been the most popular means to resolve international disputes in the energy sector. The chapter provides a non-exhaustive list of common features of energy projects, revealing their inherent complexity and thus the need to approach energy-related disputes in a holistic fashion. It also stresses the importance of arbitration to resolve international energy-related disputes.
Energy Investor-State Disputes in Russia and the Commonwealth of Independent States
Authors: Asoskov Anton 
Published: July 2018

Abstract
This chapter looks at the most prominent cases under the Energy Charter Treat (ECT) involving the Russian Federation, and their fate in annulment actions before the Dutch courts. Recently, the ECT became the most discussed international instrument in Russia due to the large-scale arbitrations initiated by the former Yukos shareholders against the Russian Federation. The chapter also discusses the use of some lesser known multilateral investment treaties and analyzes their possible bases for arbitrating energy investment disputes involving the Russian Federation or other states from the Commonwealth of Independent States (CIS). It further describes recurrent issues and cases rendered on the basis of BITs signed by the Russian Federation, or specific legislation on the protection of investments existing in the Russian Federation and other CIS states. Finally, the chapter deals with the question as to what extent Russian state-entities may enter into individual investment agreements containing an arbitration clause.
Respect for the Law of the Receiving State
Authors: Muñoz Mosquera Andrés B 
Published: July 2018

Abstract
This chapter examines the duty to respect the law of the Receiving State, as laid out in the UN Model SOFA and the NATO SOFA. Despite, or perhaps because of, its importance, the duty to respect the law of the Receiving State has been the subject of much discussion and controversy over the years. Views have ranged from the position that the Visiting Forces are not bound by the law of the Receiving State and its procedural requirements but are only required to respect the purposes and aims of the law, to the position that Receiving State law applies to the Visiting Forces which must accordingly respect it. Art. II NATO SOFA does not contain any statement about the application or non-application of Receiving State law. For this reason it is necessary to take a 360-degree look at the question of the respect of the law of the Receiving State.