bluuebunny/crossref_metadata_2025_split huggingface dataset:
Personal and Property Rights
Authors: Bamford Colin 
Published: June 2017

Abstract
The chapter explores the differences between property rights and rights that can be enforced only by action against a person. It contrasts the position in common law systems with that in civil law countries. The common law system is explained by looking at the development of equity and of the concepts of equitable ownership and of the trust. The chapter then examines the distinction by reference to case law, particularly in relation to the mechanism of charge-backs. It then argues that the approach adopted by the common law is particularly well suited to the needs of financial transactions, in syndicated lending, bond issues project financing fund management and in allowing flexibility in the structuring of complex security arrangements.
Contract Formation
Authors: Furmston Michael , Tolhurst Gregory 
Published: June 2017

Abstract
This text provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, on-line contracting and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort and the methods of resolving a battle of the forms. In this second edition a chapter has been added on consideration and estoppel. Although this work is based on English law, the text draws upon decisions in other jurisdictions such as Australia, Canada, the United States, Singapore and New Zealand, where these inform the development of principles in English law.
Formation and the Concept of Agreement
Authors: Furmston Michael , Tolhurst Gregory , Mik Eliza 
Published: June 2017

Abstract
This chapter provides an overview of the objective theory of contract and the concept of agreement. The objective theory dictates that when determining whether or not a statement made by a person was intended to form the basis of a contract, it is construed by reference to a reasonable person in the position of the party to whom the statement is directed. Thus, when trying to determine whether a statement was intended to be an offer, it is construed by reference to a reasonable person in the position of the offeree. An agreement requires that the parties agree the terms of bargain, that those terms be certain and complete, and that the bargain is informed by an intention to contract as well as an intention to immediately assume legal obligations. The final section discusses whether contract formation is an issue of fact or law.
The EC Regulation on Insolvency Proceedings
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
The chapter discusses instances where the restructuring plan demands that the debtor be made subject to a formal insolvency system. The applicable laws are determined in accordance with the EC Regulation on Insolvency Proceedings if the debtor has its centre of main interests (COMI) in one EU Member State and assets in another Member State. If the COMIs of individual group companies are situated in the same Member State, the EC Regulation can be used to group together the administration of group insolvencies, or once the recast EC Regulation comes into force, to implement voluntary group coordinator proceedings. Any restructuring plan may include moving a debtor’s COMI to take advantage of a more flexible insolvency regime. This chapter describes the framework and key features of the EC Regulation including the concept of COMI, its application to group insolvencies, ‘COMI shifting’, and the provisions of the recast EC Regulation.
An Introduction to Sovereign Debt Restructuring
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
This chapter starts by introducing the Brady Plan which aimed to address the debt crisis that occurred in the developing countries during the 1980s. The chapter also looks at new developments which have taken place in the area of sovereign debt restructuring since the Brady Plan. These are the EU sovereign debt crisis, and the ongoing Argentine litigation in New York. The former is a debt crisis that was originated in Greece in late 2009 and has been taking place in other Euro-areas ever since and has affected Portugal, Ireland, Spain, and Cyprus. The ongoing Argentine litigation in New York relates to a claim initiated by a hedge fund to collect on defaulted debt obligations issued by Argentina based on the breach of the pari passu clause. The pari passu clause is a standard clause in public or private international unsecured debt obligations.
Litigation Aspects of Sovereign Debt
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
This chapter starts the study of litigation aspects of a sovereign debt by looking at the effect of a disruption in the economy in terms of legal options for recovery. The chapter also looks at the pari passu clause in sovereign debt instruments. A pari passu clause is a standard clause included in public or private international unsecured debt obligations (syndicated loan agreements and bond issuances). From a close reading of the clause, it can be argued that it has two limbs: firstly, an internal limb, ie that the bonds will rank pari passu with each other; and, secondly, an external limb, ie that the bonds will rank pari passu with other unsecured (present or future) indebtedness of the issuer. Not all pari passu clauses are drafted in the same way, and they will vary according to the drafter. The chapter considers various relevant cases.
National Report for Mexico
Authors: Sánchez-Mejorada y Velasco Carlos 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Mexico. Insolvency proceedings in Mexico aim for an orderly liquidation procedure of all of the bankrupt’s assets to allow an equally orderly distribution of proceeds among creditors under the principle of par conditio creditorum (equal treatment for all creditors). Ideally, the body of law regulating this procedure should match the insolvency law of each country, so that the process can be effected congruently and logically. However, social policies and other commercial considerations have created systems of priorities in asset distribution that vary from country to country as a function of the policies of each. In many cases, the only commonality in all systems is that ordinary unsecured creditors collect last, if at all. Mexico is no exception, specifically in the treatment of claims arising out of a labour relationship, which in turn is derived from the overly protective and outdated regime established by the federal constitution for workers. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section examines: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
Introduction
Authors: Boothby William H 
Published: June 2017

Abstract
This relatively brief chapter introduces the book as a whole. It positions weapons law within the framework of international law in general, and of the law of armed conflict in particular, noting the important distinctions between international and non-international armed conflicts, and between the law on the resort to the use of force and that which regulates the conduct of hostilities. The logical flow of the book is presented, and certain terms that are vital to the ensuing discussion, namely weapons, means of warfare and methods of warfare are explained. The all-important distinction between weapons law and the legal rules that regulate targeting is noted. A concluding section addresses the recently-adopted Arms Trade Treaty.
The Evolution of the Law of Weaponry
Authors: Boothby William H 
Published: June 2017

Abstract
Chapter 2 explains how from its roots in the middle part of the nineteenth century, weapons law has developed during the ensuing one hundred and sixty years into the more comprehensive but still incomplete body of law we have today. The evolution of early treaties such as the St Petersburg Declaration of 1868, certain Regulations and Declarations made in The Hague in 1899 and 1907, and the Geneva Gas protocol of 1925 is explained by reference to the authoritative writings of contemporary experts and jurists. The significance of those early writings in inspiring the development of core principles that lie at the heart of this body of law is noted. The picture that emerges is of a body of law that responds, sometimes belatedly, to battlefield events. The emergence of more modern law in the form, for example, of arms control treaties addressing chemical weapons, biological weapons, anti-personnel landmines and cluster munitions is charted.
Customary Principles—Indiscriminate Weapons
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter traces the evolution of the principle discrimination in the law of armed conflict. It also examines its current formulation in the law, and considers its status in customary law. The targeting law and weapons law elements of the discrimination principle are disentangled; it is noted that the weapons law element had not been specifically articulated before 1977 and the implications of this are discussed. The relevance and interpretation of the now customary prohibition of weapons that are by nature indiscriminate are explained. The language of article 51(4) of Additional Protocol 1 is discussed and the terms of the corresponding customary rule are analysed. The applicability of the rule to nuclear weapons is also set forth. Examples of the kinds of weapon that are considered to breach the rule are given.
Weapons and the Environment
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter examines the treaty-based rules under the law of armed conflict with regard to the impact of warfare on the environment. It starts by tracing how such rules emerged noting the Lieber Code’s prohibition of the use of poison and of wanton devastation and the 1907 Hague prohibition of destruction and seizure of the enemy’s property, unless it is imperatively demanded by the necessities of war. Interpretation of these rules as applying to the environment is considered. The substantive law applying to the environment, namely articles 35(3) and 55 of Additional Protocol 1 and the UN Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques 1976 (ENMOD) are then each addressed in discrete sections of the chapter and the important differences between these provisions are noted.
Rules Relating to Other Specific Technologies
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter considers the types of weapon that are the subject of certain specific Protocols under the CCW. The text of each of these CCW Protocols is analysed to determine the range of weapons and activities covered by the instrument and to interpret the obligations that the Protocol introduces. The first Protocol discussed is the Protocol on Non-Detectable Fragments, which prohibits the use of any weapon the primary effect of which is to injure by fragments which in the human body escape detection by X-rays. The chapter then turns to the Incendiary Weapons Protocol, which prohibits certain activities altogether while limiting the circumstances in which others may be lawfully undertaken. The discussion concludes with an overview of the Laser Weapons Protocol, whose main operative provision is to prohibit the employment of laser weapons specifically designed as a combat function to cause permanent blindness to unenhanced vision.
Maritime and Outer Space Weapons
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter explores the law of armed conflict with regard to the weapons used in sea warfare. It addresses automatic contact mines, nuclear mines, submarines, missiles, and torpedoes. Relevant elements of the treaties of 1907, of instruments adopted in 1930 and 1936, of the writings of experts and in particular of the San Remo Manual and of the UK Manual are considered in relation to each class of weapon. A discrete section looks at weapons in outer space, noting the application of international law to outer space by virtue of article III of the Outer Space Treaty, and the important provisions of article IV of that treaty. The issues that a reviewer of an outer space weapon would need to consider are set forth in that section.
Technology, Humanitarian Concern, and the Future
Authors: Boothby William H 
Published: June 2017

Abstract
This concluding chapter considers two additional dimensions to weapons law, namely, technology and humanitarian concern. It also addresses the prospects for future progress in this field of law. The chapter explains how humanitarian concern inspired past developments in weapons law and will likely have a similar effect in the future. It is noted that humanitarian concern alone is no guarantee that a new treaty will emerge, and the critical factors that determine success or failure in such initiatives are outlined. The growing importance of NGOs and other groups in the inspiration of new weapons law developments is noted, but the chapter concludes that States are and will likely remain at the core of the law of armed conflict and of its development. The chapter ends by seeking to draw some general conclusions from the analysis in the preceding chapters of the book.
The EU and the Fight against Organised Crime
Authors: Hecker Bernd 
Published: June 2017

Abstract
The effective prevention of and the fight against all types of transnational organised crime (TOC) has been one of the biggest challenges to the criminal policy of the EU for decades. In this connection, the EU and its member states are facing the task of striking an equitable balance between the interest in ensuring an effective criminal justice system on one hand, and the protection of civil rights that the rule of law offers on the other. On the basis of the EU strategies and programmes to create an area of freedom, security, and justice, this chapter retraces the development of European criminal law in relation to TOC. It shows that the acquis communautaire now attained comprises a multiplicity of legal instruments aiming at the protection of European society and its economies from organised crime.
Transnational Organised Crime and Terrorism
Authors: Weißer Bettina 
Published: June 2017

Abstract
Traditionally, organised crime and terrorism were understood as offences that exclude one another mutually. While a core element of terrorist crimes is the use of violence, organised crime does not necessarily involve violence. The characteristic element of transnational organised crime (TOC) on the other hand is the perpetrator’s aim to generate (illicit) profits. This chapter argues that nowadays this formerly clear distinction becomes more and more outdated: the line between terrorism and TOC becomes blurred since terrorist organisations seek to finance their activities by an engagement on the field of organised crime. Starting with a brief sketch of the historical evolution of terrorism, the chapter outlines the defining elements of terrorist crimes under international law and also describes remaining definitional problems. Links between TOC and terrorism are highlighted—they generate a growing nexus between the two phenomena.
The UN Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components, and Ammunition 2001
Authors: Fellmeth Aaron X 
Published: June 2017

Abstract
This chapter analyses the background and provisions of the Firearms Protocol. It begins by describing the problem of global trade in small firearms and light weapons to criminal organisations, and outlines international efforts before 2000 to subject the arms trade to formal and informal forms of international and regional regulation. It then summarizes the negotiating history of the Protocol and the provisions of the Protocol as finally adopted by the UN General Assembly, including the travaux préparatoires relating to the most controversial and important provisions. It then discusses the steps taken by the parties to the Protocol to implement it through domestic legislation and international cooperation. The chapter ends with a summary of the major global and regional developments in small arms trade regulation that have supplemented or built upon the Protocol, such as the UN Arms Trade Treaty.
Transnational Organised Crime and the Anti-Money Laundering Regime
Authors: de Koker Louis , Turkington Mark 
Published: June 2017

Abstract
This chapter considers the employment of the global anti-money laundering strategy to combat organised crime. It provides perspectives in the development of the strategy and its elements, also drawing on the first compliance and effectiveness mutual evaluation reports emerging from the post-2012 round of Financial Action Task Force-related peer reviews. The discussion closes with questions regarding the effectiveness of the strategy and the authors take the position that the new set of mutual evaluation reports may not provide conclusive answers.
Transnational Organised Crime and Cultural Property
Authors: Kretschmer Bernhard 
Published: June 2017

Abstract
Global demand for art and historical artefacts makes them attractive for international crime. A diverse array of offences includes robbery/theft, illicit excavation, illicit import and export, forgery, fraud, and dealing in stolen goods. Cultural objects are also at risk of destruction and pillage in armed conflicts, offences treated as war crimes. The international community has long endeavoured to develop instruments to improve protection of cultural property. These efforts include, for armed conflicts, the Regulations concerning the Laws and Customs of War on Land, the 1954 Hague Convention and the Rome Statute and, for illegal trade, the 1970 UNESCO Convention and the 1995 UNIDROIT Convention. Despite all these efforts, there is still room for improvement, and in particular to strengthen international cooperation among law enforcement agencies and authorities for protecting cultural property. International organisations like Interpol and UNESCO play a key role in this regard as driving forces and intermediaries.
Transnational Organised Crime and Cybercrime
Authors: Brodowski Dominik 
Published: June 2017

Abstract
Cybercrime has not only become a new form of organised crime, in which a network of independent perpetrators cooperate on a case-by-case basis without an enduring, hierarchical structure, but is also gaining increasing attention from traditional organised crime groups. With cybercrime easily crossing geographical borders, a closer look at the international law framework on the fight against cybercrime is warranted, including but not limited to the Council of Europe Convention on Cybercrime. This chapter focuses on cyber-related aspects of substantive criminal law, criminal procedure, and jurisdiction, as well as an analysis of the core challenges and typical phenomena of cybercrime.
Law of the Sea and Transnational Organised Crime
Authors: Proelss Alexander , Hofmann Tobias 
Published: June 2017

Abstract
A decade ago, the High Level Panel on Threats, Challenges, and Change identified transnational organised crime (TOC) as one of the six clusters of threats that the international community has to face in the twenty-first century, thus recognizing and highlighting how important the suppression of TOC is for a more secure world. This chapter outlines the pertinent legal framework provided by the international law of the sea, sets out the circumstances under which states are entitled to exercise jurisdiction over foreign ships, and addresses many of the highly sensitive issues surrounding shipping interdiction. It argues that the international law of the sea establishes a legal framework for cooperation that, on one hand, sets comparatively narrow limits for unilateral enforcement measures, but at the same time leaves sufficient room for flexibility in respect of bilateral and multilateral approaches addressing the interdiction of suspected vessels.
Transnational Organised Crime and International Criminal Law
Authors: Hauck Pierre 
Published: June 2017

Abstract
At first sight, transnational organised crime (TOC) and international criminal law (ICL) are completely separate: the four ICL core crimes constitute the most heinous crimes, committed by political and military leaders of armed conflicts, whereas TOC as lower-level deviance being committed by private individuals falls short of that. This chapter takes a closer look at this relationship and discovers the lines between these two areas to be blurred: because, as international crimes, they have already been discussed in that context (e.g. while drafting the Rome Statute), and nowadays TOC can even amount to one of the four core crimes de lege lata in individual cases. Apart from that, TOC can also evolve into international crimes de lege ferenda once universal jurisdiction can be established. The chapter concludes that although TOC typically characterizes crime that is different to the four core ICL crimes, both areas approximate greatly in different ways.
Policing TOC—The National Perspective
Authors: Brady Sheelagh 
Published: June 2017

Abstract
At first sight, transnational organised crime (TOC) and international criminal law (ICL) are completely separate: the four ICL core crimes constitute the most heinous crimes, committed by political and military leaders of armed conflicts, whereas TOC as lower-level deviance being committed by private individuals falls short of that. This chapter takes a closer look at this relationship and discovers the lines between these two areas to be blurred: because, as international crimes, they have already been discussed in that context (e.g. while drafting the Rome Statute), and nowadays TOC can even amount to one of the four core crimes de lege lata in individual cases. Apart from that, TOC can also evolve into international crimes de lege ferenda once universal jurisdiction can be established. The chapter concludes that although TOC typically characterizes crime that is different to the four core ICL crimes, both areas approximate greatly in different ways.
Policing Transnational Organised Crime—The International Perspective
Authors: Madsen Frank G 
Published: June 2017

Abstract
This chapter examines international cooperation in the fight against transnational organised crime (TOC). As main thesis it claims that within the area of law enforcement in general and international law enforcement in particular, an epistemological rupture has changed the way we think about law enforcement. First, the chapter looks at the institutions involved in the fight: it asks ‘who’? The second part asks ‘what’ do law enforcement agencies do to counter the activities of TOC? The third part picks up the claim of an epistemological rupture, identifies this in the ever-increasing use of bulk or random data, and presents some arguments for using such methods and some—based on privacy rights—for not using them. This part deplores the militarization of law enforcement and the blurring of the boundary between law enforcement and the security services, which, it postulates, leads to law enforcement being alienated from the populations it serves.