bluuebunny/crossref_metadata_2025_split huggingface dataset:
The US Intervention in Nicaragua—1981–88
Authors: Kammerhofer Jörg 
Published: July 2018

Abstract
This chapter focuses on the US intervention in Nicaragua from 1981 to 1988, as a contribution to the state practice on the law on the use of force and the right to self-defence under both UN Charter and customary law. After an overview of the background of the so-called ‘contra war’ and of the salient facts regarding the US intervention in that conflict, it discusses the positions of the two parties on the facts and law, and takes note of the reaction of the international community, focusing on the debates at the UN. The next section focuses on the legality of the operation; the ICJ’s holdings in its 1986 Nicaragua judgment form the backbone of that discussion, while taking note of dissent and comment both inside and outside the Court. The contribution concludes by discussing the precedential value and effect of this conflict, and of the ICJ case.
The Intervention of the United States and other Eastern Caribbean States in Grenada—1983
Authors: Hajjami Nabil 
Published: July 2018

Abstract
This chapter examines the legality of the 1983 American-led intervention in Grenada. It recalls the positions of the main protagonists of the crisis, including international organisations such as the United Nations, the Caribbean Community and the Organisation of Eastern Caribbean States. It then analyses the justifications of the American administration, which are mainly based on three different grounds: the protection of citizens abroad; the activation of regional mechanisms and the intervention by invitation. The conclusion assesses the precedential value of the Operation Urgent Fury. Regarding its wide condemnation, the chapter argues that reactions to the American-led intervention in Grenada can finally be deemed as a strong reaffirmation of the prohibition of the use of force in international law.
The ECOWAS Intervention in Liberia—1990–97
Authors: Villani Ugo 
Published: July 2018

Abstract
This contribution examines the intervention of ECOWAS in Liberia following the civil war begun at the end of 1989. After recalling the historical context of the Liberian crisis, the decisions of ECOWAS, and the establishment of the Cease-fire Monitoring Group for Liberia (ECOMOG), it considers the positions of member states of ECOWAS, of the OUA, and especially of the Security Council. Then the contribution discusses the legality of the operation of ECOMOG, according to the ECOWAS system, as well as to general international law and the United Nations Charter, particularly Article 53 relating to regional organizations. The final section examines the impact of the intervention in Liberia on the development of the ECOWAS role in the maintenance of peace and security. It concludes that such intervention confirms that both humanitarian emergencies and civil wars now constitute threats to international peace and security and shows the usefulness of integrated forms of cooperation between regional organizations and the Security Council.
The Gulf War—1990–91
Authors: De Wet Erika 
Published: July 2018

Abstract
This contribution discusses the Gulf War of 1991-1991. It sets out the facts and context of the Iraqi invasion of Kuwait in August 1990, followed by the adoption of United Nation Security Council Resolution 678 (1990) and the subsequent military reaction by the United States-led international coalition. It assesses the reaction of the main protagonists and that of the broader international community to these events. In doing so, it also assesses the legal basis of the military response by the international coalition of the ‘willing and able’ against Iraq. It determines whether it was based on Article 42 of the United Nations Charter, or collective self-defence in terms of Article 51 of the United Nations Charter. The final section examines if and to what extent this case has had an impact on (the legal basis) of military measures taken in the interest of collective security in the post-Cold War era.
Intervention in Iraq’s Kurdish Region and the Creation of the No-Fly Zones in Northern and Southern Iraq—1991–2003
Authors: Gazzini Tarcisio 
Published: July 2018

Abstract
This chapter discusses the main legal issues related to the military operations carried out by the United States, the United Kingdom and France for the protection of the Kurds in Northern Iraq as well as the Shiites and Marsh Arabs in Southern Iraq between the conclusion of the Gulf War (1990-91) and the 2003 military intervention in Iraq. Particular attention is paid to the legal effects of the relevant Security Council resolutions as well as the claim to intervene on humanitarian grounds.
The Intervention in Bosnia and Herzegovina—1992–95
Authors: Klein Pierre 
Published: July 2018

Abstract
This contribution gives an account of the actions undertaken under the auspices of the United Nations in order to restore peace and security in Bosnia and Herzegovina between 1992 and 1995, in the context of the dissolution of the former Yugoslavia. It describes the measures taken by the UN Security Council, the mandate and deployment of UNPROFOR —the UN peacekeeping operation in Bosnia and Herzegovina— and the actions undertaken in support thereto by other organizations such as NATO and the Western European Union. This chapter also discusses the legal issues that gave rise to discussion in that context (particularly regarding the extent of the authorization to use force given by the Security Council and the degree of control exercised —or not— thereon) and the impact of this precedent on the rules relating to the use of force in self-defence, on the one hand, and on the use of coercive measures under Chapter VII of the Charter in co-operation with regional organizations or arrangements, on the other.
The ECOWAS Intervention in Sierra Leone—1997–99
Authors: Breau Susan 
Published: July 2018

Abstract
This chapter analyses the intervention by the Economic Community of West African state forces, known as ECOMOG, into Sierra Leone from 1997-1999. After a brief review of the very complex facts surrounding this intervention and the generally positive reaction from the international community, this chapter reviews the legal justifications for this intervention and tests them against the jus ad bellum existing at that time. Reasons given were the restoration of a democratically elected government, self-defence, humanitarian intervention, intervention by consent or invitation and retrospective authorisation by the Security Council to a regional peacekeeping operation. None of these are found to have met the tests for legality within jus ad bellum. A final justification argues that this case study is a precedent as an African exception to the prohibition on the use of force with delegation or assumption of powers by an African regional organisation. This would be a troubling challenge to the United Nations Charter regime but might well be part of a larger trend of African use of force initiatives.
The US Strikes in Sudan and Afghanistan—1998
Authors: Cannizzaro Enzo , Rasi Aurora 
Published: July 2018

Abstract
This Chapter focuses on the aerial strikes of the U.S. against Afghanistan and Sudan in 1998, in response to terrorist attacks against the U.S. embassies in Tanzania and in Kenya, attributed to Al Qaeda. The events and the reactions thereto are presented in the first two sections. The third section is devoted to the assessment of the legality of the US strikes. In particular, the authors will discuss the qualification of the strikes as a form of pre-emptive self-defence. The last section contextualises the 1998 strikes in an evolutionary perspective. In the authors’ view, these interventions have constituted a trial run for the doctrine of pre-emptive war, fully developed by the US Administration after the 9/11 terrorist attacks.
The Iraq War—2003
Authors: Weller Marc 
Published: July 2018

Abstract
This contribution discusses the Iraq War of 2003. It begins by setting out the facts and context of the US and British invasion. It then considers the legal justifications put forward by the intervening states and assesses the reaction of the international community to these events. It then tests the legality of the intervention against the international legal framework governing the use of force as it stood at the time of the events. In particular it considers whether UNSC Resolution 1441 provided a legal basis for the use of force against Iraq. The final section examines if, and to what extent, the case had an impact on the further development of the jus ad bellum. The Iraq War of 2003 did indeed have an effect on the erosion of the prohibition of the use of force, however it was a cumulative effect, rather than an immediate and decisive one.
The Israeli Intervention in Lebanon—2006
Authors: Tams Christian J , Brückner Wenke 
Published: July 2018

Abstract
This contribution discusses the Israeli intervention in Lebanon in July 2006. It offers an overview of the facts and context of the intervention and sets out the legal positions taken by the main protagonists (Israel and Lebanon), by third states and by international organizations. The contribution proceeds to analyse the key legal questions raised by the intervention, viz. whether or not Israel was entitled to rely on self-defence and whether its conduct respected the limits of self-defence, including the requirement of proportionality. It argues that the reaction to Israel’s intervention during 2006 reflected a growing support for an expansive notion of self-defence and confirmed the importance of proportionality as an outer limit to self-defence (which Israel, in the view of most, failed to respect).
The Turkish Intervention Against the PKK in Northern Iraq—2007–08
Authors: Trapp Kimberley N 
Published: July 2018

Abstract
This contribution examines the armed Turkish intervention (against the Kurdish Workers’ Party (PKK)) in northern Iraq in late 2007/2008. The chapter sets out the context of the armed intervention by Turkey, including a brief account of the broader conflict between Turkey and the PKK, before recalling in some detail the facts of the 2007/2008 intervention. The second section further explores the positions of the main protagonists (Turkey, Iraq and the US) and the rather muted reactions of the broader international community, by way of situating the discussion regarding the legality of the intervention. The final section examines the precedential value of the intervention insofar as defensive force against non-state actors is concerned.
Israeli Military Operations Against Gaza: Operation Cast Lead (2008–09), Operation Pillar of Defence (2012), and Operation Protective Edge (2014)
Authors: Henderson Christian 
Published: July 2018

Abstract
This chapter examines three interventions by Israel into Gaza: Operation Cast Lead (2008-9), Operation Pillar of Defense (2012) and Operation Protective Edge (2014). It sets out the facts and context of each of these three interventions, the legal positions of the main protagonists, and the reaction that each of the interventions received. The chapter moves on to assess the legality of the interventions and also whether they have any precedential value, in particular for the right of self-defence and the so-called ‘accumulation of events’ theory.
The NATO Intervention in Libya—2011
Authors: Deeks Ashley 
Published: July 2018

Abstract
This contribution discusses the Security Council-authorized intervention by NATO in Libya in 2011, in response to the Libyan government’s extensive violence against civilians. It sets out the facts and context of the crisis, the legal positions of the main protagonists (NATO states on one side and Russia and China on the other), and the international community’s reactions. It then surveys the debates about whether NATO’s use of force exceeded the Security Council authorization. Finally, it evaluates the precedential value of the intervention, including its effect on Russia’s and China’s willingness to authorize force in future Chapter VII situations and the intervention’s influence on the idea of a “responsibility to protect”, including its role in revealing the difficulty of calculating the proportionality of humanitarian responses.
The Intervention in Côte d’Ivoire—2011
Authors: Tladi Dire 
Published: July 2018

Abstract
This chapter examines the intervention in Côte d’Ivoire by French and UN Forces following the disputed elections in Côte d’Ivoire. It begins by setting out the facts that led to the 2011 post-election violence and the sets out the facts surrounding the intervention by French and UN Forces. It then sets out the positions of the main protagonists (mainly France, ECOWAS, the United States and the UN Secretariat) and the positions of other member States of the United Nations (in particular Russia, Brazil and South Africa). The chapter then assesses the intervention, in particular by the French forces, against the content of the authorising resolution (UNSC Res 1975). It also assesses whether the responsibility to protect doctrine could provide authority for the intervention.
The Intervention of the Gulf Cooperation Council in Bahrain—2011
Authors: Verdebout Agatha 
Published: July 2018

Abstract
This contribution examines the Gulf Cooperation Council’s (GCC) Saudi led intervention in Barhrain. Following a brief overview of the events that shook the island in 2011, it analyses the legal arguments brought forth by the main protagonists (Bahrain, Saudi Arabia, United Arab Emirates and GCC) to justify the intervention, and the reactions these triggered in the international community. It then discusses the intervention’s legality in light of the different doctrines of ‘intervention by invitation’ in situations of domestic unrest. As a conclusion, it argues that the general lack of attention that this intervention has received on the part of the media and of third states makes its precedential value hard to assess.
The Military Operations Against the ‘Islamic State’ (ISIL or Da’esh)—2014
Authors: Corten Olivier 
Published: July 2018

Abstract
This chapter discusses the military operations against the Islamic State (ISIL or Da’esh) in Iraq as in Syria. After recalling the relevant facts and the context, it exposes the legal positions of the intervening states as well as those of the other states. In a third section some doubts are expressed concerning the legality of the operations based on the argument of self-defence, particularly when it implies the bombing of the Syrian territory without the consent of its government. In the same vein, a final section shows that the majority of states has not accepted the ‘unwilling or unable’, ‘limited sovereignty’, or ‘self-help’ necessity arguments, or, for that matter, the permissibility of preventive or pre-emptive self-defence. Accepting such arguments would undoubtedly imply at the very least a new interpretation of the UN Charter.
The Historical Origins of the ‘Penalty’ Rule
Authors: Halson Roger 
Published: July 2018

Abstract
The penalty doctrine has recently been subject to extensive review in the highest appellate courts of the Supreme Court of the UK and the High Court of Australia. Despite the agreement between senior appellate tribunals in the two major common law jurisdictions on the importance of a historical perspective, both propose subtly different historical analyses to justify very different conclusions about the ambit of the modern common law jurisdiction to set aside so-called penalties. This disagreement makes necessary an investigation of the history of the control of penalty clauses back to its earliest origins, in order to understand the modern doctrine. This chapter discusses the early history prior to 1600, later history from 1600 to 1915, and the case of Dunlop Pneumatic Tyre Co v New Garage and Motor Co (1915).
The Rationale for the ‘Penalty’ Jurisdiction
Authors: Halson Roger 
Published: July 2018

Abstract
This chapter examines whether the current law with regard to stipulated damages clauses can be justified by reference to a single, or multiple, policy objectives. In the Cavendish case, counsel for Cavendish urged the Supreme Court to abolish the penalty rule. The Supreme Court mainly examined the penalty jurisdiction from a historical and comparative perspective but more briefly canvassed other rationales. The chapter considers all of the ‘justificatory’ arguments discussed in Cavendish and other cases, as well as those advanced in academic writing. It begins by looking at the context of the penalty jurisdiction in the broader law of contract. In other words, the relationship between the penalty jurisdiction and the principle of self-determination, often summarised as the freedom to contract, is discussed.
Specific Contracts and Contractual Provisions
Authors: Halson Roger 
Published: July 2018

Abstract
This chapter examines specific contract types where stipulated damages provisions are frequently used, and thus will overlap with some material in the preceding chapters. The contracts examined include: contracts of employment; construction and engineering contracts; ‘shipping’ contracts, including charterparties and boatbuilding contracts; pervasive forms of contractual terms found in different contractual sub genres, including so-called take or pay clauses, and provisions for the payment of interest at an enhanced rate. Notwithstanding the wide range of contracts surveyed, the chapter only seeks to give an illustrative, rather than an exhaustive, account of the contexts in which stipulated damages clauses are encountered.
UK Financial Services Reform
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the reform of financial services regulation in the UK. The objective of the UK's most recent regulatory reforms has been to strengthen the role and function of the Bank of England at the centre of the UK financial system. This was considered necessary, in particular, in light of the need to monitor and manage the financial markets as a whole. The chapter outlines the regulatory background to the establishment of the integrated system of financial control set up under the Financial Services and Markets Act 2000 and its amendment, in particular, under the Banking Act 2009, Financial Services Act 2010, and Financial Services Act 2012 (FSA 2012). It also considers the principal events surrounding the financial crisis in the UK and the immediate official response to it. Finally, it discusses the role and function of the Bank of England under the revised regulatory structure.
Enforcement
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter explains how the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) exercise their disciplinary enforcement powers under the Financial Services and Markets Act 2000 (FSMA) to address breaches of regulatory rules and principles by firms and individuals. The FCA's approach to the exercise of its disciplinary powers may be described as being one of ‘credible deterrence’, whereas the PRA prefers early intervention and remedial action in advance of a potential issue arising, rather than exercising its disciplinary enforcement powers after the event. The chapter examines the power of the FCA and the PRA to impose sanctions, their enforcement decision making procedures, powers to investigate breaches of regulation, powers and procedure to conduct and settle enforcement proceedings, approach to financial penalties, and policy for third party rights. The role of the Upper Tribunal in hearing contested cases is also discussed.
Financial Regulation in Commercial Disputes
Authors: Walker George , Purves Robert , Blair Michael 
Published: July 2018

Abstract
This chapter examines the causes of action available to investors through the civil courts to resolve disputes with financial services firms. Under the Financial Services and Markets Act 2000 (FSMA), persons in their capacity as an investor have a range of statutory protections, for example where an investor has cause for complaint against a firm as to the very wisdom of entering into an agreement for a particular financial product. Complaints may be resolved through the Financial Ombudsman Service or, where the firm is impecunious, referred to the Financial Services Compensation Scheme. Alternatively, an investor may seek a remedy through the civil courts. The chapter considers the relevant provisions of Part 1 (Statutory Causes of Action) and Part 2 (Causes of Action in Common Law) of FSMA, focusing on the right of the investor to claim for breach of contract, tort of negligence, misrepresentation, and breach of fiduciary duty.
The Law of Security and Title-Based Financing
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise ‘perfected’) if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. This third edition has been updated to cover the wealth of case law, including new cases on control of financial collateral, and relief against forfeiture under a financial collateral arrangement; on retention of title (including the effect of ‘extended’ clauses); estoppel and the HPI register; availability of set-off against assignee; a number of cases on enforcement of security; equitable liens; solicitor’s liens and databases; on priority or purchase money security interests; and the Irish Supreme Court decision on floating charge and crystallization. There have also been significant legislative changes, which are discussed in detail, most notably the 2013 amendments to Companies Act 2006 Part 25, and Cape Town Convention. The book covers traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables.
Use of security and quasi-security interests in debt financing
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter explains how security and quasi-security interests can be used wherever a party who is owed an obligation wishes to have a proprietary claim over an asset of the obligor, to which it can have recourse if that obligation is not fulfilled. They are used widely in the context of debt financing of businesses, to secure borrowing and other forms of finance extended by banks and other financial institutions. They are also used to secure credit extended to businesses by those contracting with them, in any situation where a business does not have to pay immediately for benefits conferred on it by the counterparty, and also where a business may become liable to a counterparty in the future.
Possessory Security
Authors: Beale Hugh , Bridge M G , Gullifer Louise , Lomnicka Eva 
Published: July 2018

Abstract
This chapter explores the nature of pledge. It is a common law security interest created by delivery of tangible property to the pledgee as security for the payment of a debt or performance of another obligation. It confers on the pledgee not only the right to possession of the pledged assets but the right of sale on default and the right to sub-pledge without destroying the pledge. As it is a security interest, the pledgor has the right to redeem the pledged assets by repaying the debt or performing the obligation secured, and the pledgee is obliged to account for any surplus arising on the sale of the pledged assets over and above the amount required to discharge the secured obligation.