bluuebunny/crossref_metadata_2025_split huggingface dataset:
United Nations Compensation Commission
Authors: Higgins Rosalyn , Webb Philippa , Akande Dapo , Sivakumaran Sandesh , Sloan James 
Published: January 2018

Abstract
The United Nations Compensation Commission (UNCC), along with the United Nations Compensation Fund, was established by Security Council Resolution 692 (1991), acting under Chapter VII of the UN Charter. The UNCC is a very particular institution, one designed specifically to meet the realities of the situation arising out of Iraq’s invasion and occupation of Kuwait. As the Security Council had already determined Iraq’s liability, the role of the Commission related primarily to the verification of claims and making assessments as to compensation. This chapter discusses the UNCC’s establishment; its structure; categories of claims, all resulting from Iraq’s invasion and occupation of Kuwait from 2 August 1990 to 2 March 1991; payment to the Fund; and payment of claims.
Public Enforcement of the Market Abuse Regulation
Authors: Cools Sofie 
Published: January 2018

Abstract
This chapter discusses the MAR’s approach to public enforcement. It first describes the historical evolution of public enforcement of market abuse and securities regulation in general. The Market Abuse Regulation (MAR) is notably the first EU legislative initiative with an encompassing approach to enforcement following the watershed 2007–2008 financial crisis. The chapter sketches the innovations of the MAR relating to public enforcement. It deals with the enhanced powers of the competent authorities, the closer involvement of market actors, and the improved cooperation between authorities. Finally, the chapter makes an economic assessment of the effectiveness of the new enforcement regime and its impact at the micro and macro level.
Private Enforcement of the Market Abuse Regulation in European Law
Authors: Busch Danny 
Published: January 2018

Abstract
This chapter discusses the role of the Market Abuse Regulation in private law. An infringement of the MAR has an important effect on the private law relations between the infringer and the investing public. As regulatory provisions of this nature are classified as public law, any failure to comply with the MAR will also affect the infringer’s relationship with the competent financial supervisor. In other words, the relevant financial supervisor can enforce these provisions under administrative law in the event of an infringement. This is essentially no different from the situation under of the Market Abuse Regulation’s predecessor—the (former) Market Abuse Directive (2003/6/EC), as implemented in the various national legal systems.
Cheshire, North & Fawcett: Private International Law
Authors: Grušić Uglješa , Heinze Christian , Merrett Louise , Mills Alex , Otero García-Castrillón Carmen , Tang Zheng Sophia , Trimmings Katarina , Walker Lara 
Published: January 2018

Abstract
The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law. The book provides comprehensive and accessible coverage of the basic principles of private international law. It offers a rigorous academic examination of the subject and also a practical guide to the complex subject of private international law. Written by academics who previously worked as solicitors, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession, and trusts.
Definition, Nature and Scope of Private International Law
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter provides an overview of the definition, nature, and scope of private international law. It first considers the space and time dimensions of private international law as well as three questions with which private international law is always concerned, namely: jurisdiction of the English court, recognition and enforcement of foreign judgments, and the choice of law. It then explains the meaning of foreign law and the international variety of private international law rules before discussing two possible ways in which the lack of unanimity among the various systems of private international law may be ameliorated: unification of internal laws and unification of the rules of private international law. In particular, it examines the Europeanisation of private international law and the impact of European Convention on Human Rights on private international law. Finally, it addresses the issue of the name or title of the subject in private international law.
The Incidental Question
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the issue of incidental question from a choice of law perspective. A case involving private international law may place a subsidiary issue, as well as a main question, before the court. The main issue should, under the English rules of private international law, be governed by a foreign law. This chapter first explains what an incidental question is before discussing its essential elements. It then considers two cases that illustrate the way in which an incidental question arises: Lawrence v Lawrence in England and Schwebel v Ungar in Canada. It also proposes a coherent and predictable approach for dealing with the incidental question and concludes with an overview of a problem related to that of the incidental question — dépeçage or ‘picking and choosing’.
Renvoi
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the doctrine of renvoi in relation to private international law. It first explains the problem associated with the doctrine of renvoi before discussing three possible solutions: applying the internal rules of ‘the law of the country’ only; applying the doctrine of single renvoi; or applying the doctrine of total renvoi. It then considers three objections to the doctrine. First, the total renvoi doctrine does not necessarily ensure uniform decisions. Second, the total renvoi doctrine signifies the virtual capitulation of the English rules for choice of law. Third, the total renvoi doctrine is difficult to apply. The chapter also analyses some decisions supporting the doctrine of total renvoi and concludes with a review of the scope of the application of renvoi by looking at cases where it is inapplicable and issues to which it may apply.
Substance and Procedure
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the substance and procedure of private international law. It first explains the distinction between substance and procedure, noting that all matters appertaining to procedure are governed exclusively by the law of the forum, along with the importance of the distinction and how such distinction is to be made. It then considers a number of particular issues whose classification as substantive or procedural raises difficulties, namely: the time within which an action must be brought; evidence, taking into account evidence by means of request, direct taking of evidence by the requesting court, and presumptions and burden of proof; the identity of the parties to the action; priorities; the nature and extent of remedy; damages; judgments in foreign currency; and execution of judgments.
Exclusion of Foreign Law
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines issues surrounding the exclusion, or non-enforcement, of foreign law. There are circumstances when the law of the forum must be preferred to the foreign law that would normally be applicable to the case. An outstanding example of this is the civil law doctrine of ordre public under which any domestic rule designed to protect the public welfare must prevail over an inconsistent foreign rule. This chapter discusses four cases in which foreign law will not be enforced, either directly or indirectly, by English courts: foreign revenue, penal and other public laws; foreign expropriatory legislation; foreign laws repugnant to English public policy; and the mandatory rules of the forum. It also describes the effect of European private international law on the rule against the enforcement of foreign revenue, penal and other public laws in England.
Jurisdiction of the English Courts—An Introduction
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter provides an overview of issues relating to the jurisdiction of the English courts. It begins with a discussion of jurisdiction under the Brussels/Lugano system, focusing on four different sets of rules: the rules contained in the Brussels I Regulation as amended in the Brussels I Recast, the EC/Denmark Agreement, the Brussels Convention, and the Lugano Convention. It then considers jurisdiction under the rules contained in a modified version of the Brussels I Regulation, as well as jurisdiction under the traditional English rules (whether the English courts have power to hear the case; whether the court will decline jurisdiction or stay the proceedings. or restrain foreign proceedings; and whether there is a limitation upon the exercise of jurisdiction). The chapter also examines jurisdiction under the rules in the Hague Convention on Choice of Court Agreements 2005, ratified by the European Union on behalf of all the Member States.
Stays and the Management of Parallel Proceedings
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter explores the question of stays of proceedings and how the English courts deal with parallel proceedings. It first considers two related issues that arise from the frequent possibility that proceedings could be brought in England or in a foreign court: first, whether the English courts should exercise jurisdiction if a foreign court would be better placed to resolve the dispute and second, what should happen if proceedings are or might be commenced both in a foreign court and in the English courts. The chapter then examines stays of English proceedings under the common law and the issue of the anti-suit injunction before discussing parallel proceedings under the Brussels I Recast, focusing on lis pendens and related actions, as well as stays of proceedings under the Brussels I Recast. It also explains the discretion to restrain foreign proceedings under the Brussels I Recast.
Limitations on Jurisdiction
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter discusses the limitations of the English courts' jurisdiction under the traditional rules. It first considers three types of limitations: limitations that affect the subject matter of the issue, limitations that affect the kind of relief sought, and limitations relating to persons between whom the issue is joined. It also explains limitations on jurisdiction imposed by certain statutes before addressing jurisdiction in respect of foreign property such as foreign immovables and intellectual property rights. Furthermore, it describes jurisdiction over the parties, focusing on persons who cannot invoke the jurisdiction and those who may claim exemption from the jurisdiction. The chapter concludes with an overview of statutory limitations on jurisdiction.
Recognition and Enforcement of Foreign Judgments—The Traditional Rules
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter focuses on the recognition and enforcement of foreign judgments under the traditional rules. It begins with a discussion of the theory underlying recognition and enforcement, followed by an analysis of enforcement under the Brussels/Lugano system and family law. It then considers the principles on which the successful litigant may take advantage of a foreign judgment at common law, along with defences to recognition and enforcement of such judgments. It also examines direct enforcement of foreign judgments by statute such as the Civil Jurisdiction and Judgments Act 1982, Administration of Justice Act 1920, and the Hague Convention on Choice of Court Agreements 2005. Finally, it assesses the inter-relation of the common law rules of recognition and those provided by statute (other than the Civil Jurisdiction and Judgments Act 1982), especially in the fields of jurisdiction and defences, and the jurisdictional provisions of Brussels I Recast.
Recognition and Enforcement of Judgments Under the Brussels/Lugano System
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter discusses the recognition and enforcement of judgments under the Brussels/Lugano system. It first considers the rules on recognition and enforcement under the Brussels I Recast, including grounds and non-grounds for refusal of recognition and enforcement. It then examines recognition and enforcement under the EC/Denmark Agreement and the Brussels Convention, the circumstances that merit the application of the rules on recognition and enforcement under the Lugano Convention, and the differences between the Lugano Convention and the Brussels I Recast with respect to recognition and enforcement of judgments. It also reviews the relevant provisions of the European Enforcement Order Regulation, the European Order for Payment Procedure Regulation, and the European Small Claims Procedure Regulation.
Foreign Arbitral Awards
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the various methods by which foreign arbitral awards are enforced in England. Like a foreign judgment, a foreign arbitral award may be enforced in England in a variety of ways. An action may be brought at common law to recover the sum awarded. Statutory provision is also made for the enforcement of foreign arbitral awards. The Limitation Act 1980 provides that an action to enforce an award ‘shall not be brought after the expiration of six years from the date on which the cause of action accrued’. This provision applies regardless of the method of enforcement. This chapter considers enforcement of foreign arbitral awards at common law and under the Civil Jurisdiction and Judgments Act 1982, the Arbitration Act 1950, the Arbitration Act 1996, the Administration of Justice Act 1920, the Foreign Judgments (Reciprocal Enforcement) Act 1933, and the Arbitration (International Investment Disputes) Act 1966.
Contracts
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the applicable law for contracts. Domestic contract law consists of two very different sorts of rules: the traditional rules and the more modern rules. The concept of mandatory rules only deals with the second class of rules. This chapter first considers the nature of the problem of ascertaining the applicable law with respect to contracts and a number of different solutions that have been tried in different countries to address it. It then discusses the history and purpose of the Rome Convention, as well as its relevant provisions and those of the Contracts (Applicable Law) Act 1990. It also analyses the Rome I Regulation, the circumstances under which it applies, and how it deals with special contracts. Finally, it looks at the Rome I Regulation's relationship with other provisions of EU law and international conventions.
Marriage and Other Adult Relationships
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the choice of law rules governing the formal validity of a marriage and those rules governing its essential validity or capacity to marry. It first considers the general rule governing the formalities of marriage as well as exceptions to the general rule before discussing the two main theories on the capacity to marry. It then looks at the reform of general rules on marriage, what law determines the nature of a marriage, the capacity to contract a polygamous marriage, and recognition of polygamous marriages in England. It also analyses the rules governing civil partnership and de facto cohabitation and concludes with an overview of special problems posed by polygamous marriages and same sex unions.
Children
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines private international law rules that govern orders concerning children, including orders determining with whom a child shall live or with whom he may have contact. It first considers the rules governing the jurisdiction of the English courts as regards parental responsibility matters, the choice of law rules applied, and the different provisions for the recognition and enforcement of parental responsibility and related orders made elsewhere. In particular, it discusses orders granted in another European Union Member State, except Denmark; orders granted in another Contracting State to the 1996 Hague Protection Convention; and orders granted in Scotland and Northern Ireland. It also analyses the relevant provisions of the Child Abduction and Custody Act 1985 and common law rules before concluding with an overview of other important developments including the 1996 Hague Convention and the Council of Europe Convention on Contact concerning Children.
Cross-border Surrogacy
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines issues surrounding the regulation of cross-border surrogacy. There is a complete void in the regulation of surrogacy arrangements at the international level, with no specific provisions designed to regulate this emerging area of international family law. In the absence of a global legislative response, highly complex legal problems arise. Among these problems, the key private international law issue is legal parenthood, along with nationality and immigration. This chapter first addresses the issue regarding legal parenthood as it relates to cross-border surrogacy before discussing the diversity in national approaches to surrogacy. It then analyses the UK approach to surrogacy, focusing on ‘section 54’ requirements of Human Fertilisation and Embryology Act 2008 and authorisation of payments to surrogate mothers that exceed the reasonable pregnancy-related expenses, and concludes with an overview of human rights considerations relating to cross-border surrogacy.
Mental Incapacity
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines mental incapacity as a special issue in private international law. Problems arise in cases where, for example, a mentally incapacitated person may be present in one country but habitually resident in another when measures of protection are needed; or this person may own property situated in a country different from his present location or habitual residence that needs to be dealt with. This chapter considers the jurisdiction of the English courts to order protective measures over a mentally disordered or incapacitated person or over his property, as well as the choice of law rules governing the protection of mentally incapacitated persons, prior to and under the Mental Capacity Act 2005. It also discusses the recognition and enforcement of protective measures taken abroad, along with cases outside the realm of the Mental Capacity Act.
The Transfer of Tangible Movables
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the legal system governing the transfer of tangible movables, with particular emphasis on assignments inter vivos of isolated or individual movables such as gifts and mortgages. The transfer of tangible movables has been one of the most intractable topics in English private international law. A common, albet fallacious, assumption is that all problems must be referred to one single law. This chapter considers the various theories dealing with the question of transfers, including the law of the domicile, the law of the situs, the law of the place of acting, and the proper law of the transfer. It also discusses the modern law governing derivative claims, retention of title clauses, attachment of movables by creditors, goods in transit, gifts, and cultural property. Finally, it addresses the issue of human rights relating to transfers.
The Assignment of Intangible Movables
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the choice of law rules governing the assignment of intangible movables. Intangible movables may be divided into rights of action and rights which are represented by some document or writing that is not only capable of delivery but in the modern commercial world is negotiated as a separate physical entity. A debt, arising from a loan or from an ordinary commercial contract, is an example of the first category. Negotiable instruments and shares are examples of the second category. This chapter first considers debts, and more specifically the situs of a debt, the various theories on the law applicable to assignments of debts, and the modern law governing the assignment of a debt. It then discusses negotiable instruments as well as shares and securities, comparing the traditional approach and the modern system for the holding and transfer of shares and securities.
Corporations
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the legal system governing corporations in relation to private international law. It begins with a discussion of the domicile of a corporation, which is sometimes used as a connecting factor for corporations in private international law, even if the concept of domicile applies primarily to natural persons. An example of a statute that uses the concept of domicile for corporations is the Income and Corporation Taxes Act 1988. Whereas every natural person gets a domicile of origin upon birth, a corporation's domicile is linked to its incorporation. A corporation is therefore domiciled in the country under whose law it was incorporated. The chapter also considers jurisdictional issues relating to a corporation's residence, status and capacity, internal management, and winding up.
Insolvency
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines insolvency in the context of the European Union Regulation on insolvency proceedings (recast). The recast Regulation, which will apply to insolvency proceedings opened after 26 June 2017, deals with public collective insolvency proceedings. It distinguishes between main insolvency proceedings and secondary insolvency proceedings when it comes to international jurisdiction. This chapter begins with a discussion of the main insolvency proceedings jurisdiction and secondary insolvency proceedings jurisdiction, along with checks on jurisdiction and the extent of jurisdiction. It then considers the general choice of law rule contained in the Regulation, along with the recognition of insolvency proceedings. It also looks at issues arising from the insolvency of groups of companies and their members.
Administration of Estates
Authors: Torremans Paul 
Published: January 2018

Abstract
This chapter examines the legal regime governing the administration of estates. It begins with an overview of the difference between common law and civil law jurisdictions with respect to administration of estates, followed by a discussion of the Hague Convention on Administration of Estates and the EU Succession Regulation. It then considers the jurisdiction of the English courts regarding grants of administration, the rules governing separate wills, the situs of assets, persons to whom grant will be made, consular grant, and title of administrator under an English grant. It also analyses the choice of law governing the administration of estates and the status of administrators appointed by foreign courts before concluding with an assessment of foreign grants, Commonwealth grants, and grants of administration in Scotland and Northern Ireland.