bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Deterrent Effect of the ICC on the Commission of International Crimes by Government Leaders
Authors: Grono Nick , Wheeler Anna de Courcy 
Published: June 2017

Abstract
This Chapter examines in which circumstances, and under what conditions, the prospect of prosecution by the ICC may act to curtail the actions of government or rebel leaders by shifting the strategic calculus in favour of avoiding war crimes or crimes against humanity. It studies ICC engagement and its impact in Uganda, the DRC, Colombia, Sudan, Kenya, and Mali. It argues that success or failure of ICC deterrence rests to a large degree on its ability to pursue successful prosecutions. It concludes that potential to deter future atrocity crimes may not exist in all cases, and probably not in the midst of armed conflict, but could exist in those situations where the commission of crimes is one of a series of policy options available to a leader facing a challenge to his or her authority.
The ICC and Capacity Building at the National Level
Authors: Bekou Olympia 
Published: June 2017

Abstract
This Chapter examines the importance of capacity building in administering justice for core international crimes. It discusses both the ICC framework, including its limited resources, and the obstacles national jurisdictions need to overcome in order to meet the complementarity threshold in the ICC context. It further explores the notion of positive complementarity as the basis for capacity building, with a view to revisiting the position of national legal orders in the Rome Statute system of justice. It argues that national jurisdictions should not attempt to replicate ‘mini-ICCs’ on the ground, but create national justice institutions that serve the needs of the societies they represent, whilst complying with requisite international standards.
Standards of Conduct in Mortgage Lending and Advising
Authors: Pope Tim 
Published: June 2017

Abstract
This chapter discusses the rules and regulations setting the appropriate standard of behaviour for those engaged in mortgage lending and advising. It focuses on the law and regulation of domestic mortgages whilst acknowledging there are various other forms of home finance now regulated by the Financial Conduct Authority. It explains the specific regulatory requirements which apply to the design, promotion, and distribution of equity release products which encompass not only regulated mortgage contracts (in the form of lifetime mortgages) but also home reversion plans.
Conduct of Business for Banks, Other Deposit-Takers, and Payment Services Providers
Authors: Clark Richard 
Published: June 2017

Abstract
This chapter discusses the rules and regulations for the conduct of business of banks, deposit-takers, and providers of payment services. The banking and payment services conduct regime involves elements of both information regulation (an approach based on disclosure or transparency) and product regulation, in the sense of mandatory rights and obligations for the services provided. In contrast to the more highly regulated realm of retail investments, there is no attempt at advice regulation, albeit the Financial Services Authority has indicated that it is considering whether it should make further provision for advice on deposits, and in particular structured deposits (where the interest or return is dependent on the performance of an underlying index/indices, stock(s) or commodity/commodities).
Market Integrity
Authors: Arner Douglas W , Hsu Berry FC , Goo Say H , Johnstone Syren , Lejot Paul , Tse Maurice Kwong-Sang 
Published: June 2017

Abstract
The chapter evaluates Hong Kong’s regulation of market misconduct. The chapter argues that much of Hong Kong’s regulatory structure addressing market misconduct is derived from overseas jurisdictions (Australia and the United States, and reflecting the European Union and the United Kingdom). In relation to insider dealing, market misconduct, and disclosure Hong Kong’s approach largely follows the legislative, regulatory, and common law development in the United States. The chapter concludes that following the enactment of the Securities and Futures Ordinance (SFO), Hong Kong has implemented a comprehensive system addressing market misconduct, through both disclosure regulation and market conduct regulation. This is especially the case in relation to insider dealing, market manipulation, and financial fraud and deception. Regulation addressing such issues in Hong Kong is generally of an international standard.
The China Nexus
Authors: Arner Douglas W , Hsu Berry FC , Goo Say H , Johnstone Syren , Lejot Paul , Tse Maurice Kwong-Sang 
Published: June 2017

Abstract
This chapter focuses on the financial markets and related legal and institutional frameworks in mainland China, in the context of China’s liberalization commitments under the World Trade Organization (WTO) and the Closer Economic Partnership Arrangement (CEPA). Today, Hong Kong and its financial markets perform a number of roles in respect to China. As part of the People’s Republic of China, Hong Kong increasingly must deal directly with resulting issues and questions, both as a result of the increasing use by mainland companies of Hong Kong’s financial markets (e.g. listing on the stock exchange) as well as supporting business in China. At the same time, the resulting interconnection between the two economies and financial systems brings challenges for Hong Kong. This is especially true of questions relating to mainland companies raising money in Hong Kong and resulting issues of disclosure, corporate governance, and related enforcement problems.
Introduction to HKIAC
Authors: Moser Michael , Bao Chiann 
Published: June 2017

Abstract
This chapter introduces the Hong Kong International Arbitration Centre (HKIAC), one of the longest-standing and most prominent providers of dispute resolution services in the Asia-Pacific region. According to a leading arbitration journal, ‘[r]egional arbitration pretty much began with the HKIAC. No regional institution has been running for so long. Or with such success.’ It has also been recognized that the emergence of HKIAC proved that the concept of regional arbitration would work. The chapter then summarizes the history of HKIAC, describes its structure and services, provides an overview of recent case statistics, and outlines the arbitration process under the HKIAC Rules.
Commencement of the Arbitration (Articles 4 and 5, Schedule 1)
Authors: Moser Michael , Bao Chiann 
Published: June 2017

Abstract
This chapter discusses the initial procedural steps in an arbitration under the HKIAC Rules. The commencement of an arbitration represents the starting point for the arbitral process. This is a critical step as the commencement is relevant to timing issues including limitation periods, and a party commencing an arbitration precludes the possibility of referring the same dispute to a court. Hence the chapter describes the form and content requirements for submitting the Notice of Arbitration (‘Notice’). It then addresses the requirements for filing an Answer to the Notice of Arbitration (‘Answer’) and the applicable time limit. Lastly, the chapter deals with payment of the Registration Fees and Administrative Fees charged by HKIAC for rendering its case administration services.
Awards, Decisions, and Orders of the Arbitral Tribunal (Articles 32–40)
Authors: Moser Michael , Bao Chiann 
Published: June 2017

Abstract
This chapter discusses section V of the HKIAC Rules. It provides the framework for making awards, decisions, and orders by the arbitral tribunal in HKIAC arbitrations. It also addresses the costs of arbitration and deposits for such costs. The process of rendering an award under the HKIAC Rules involves the following stages: the closure of hearings, deliberation, the reaching of a decision, the assessment of costs, the rendering of the award, and the transmission of the award. The award will typically comprise the following elements: the identification of the parties, the specification of the date of the award and the seat of the arbitration, the procedural history, the summary of the factual background and the issues in dispute, the substantive analysis for the decision, and the specification of any orders to be carried out by the parties.
From an Invisible College to an Ethical No-Man’s Land
Authors: Rogers Catherine A 
Published: June 2017

Abstract
This chapter traces the origins of modern international arbitration, from the heyday of Oscar Schacter's ‘Invisible College of International Lawyers’ to its eventual decline to an ethical ‘no-man's land’. The former represents an international community built upon a shared understanding of legal proceedings and ethical conduct — a community that has since been fractured as part of the globalization of the legal profession. It has become increasingly clear to institutions operating within national boundaries that the lawyers operating without clear national boundaries require a restructuring of the old procedures that had emphasized localized practices. The international arbitration we see today is an ethical no-man's land whose political status is uncertain, because it straddles the borders between formally occupied national territories. Yet international arbitration remains a challenging prospect, necessitating reconstitution of the old Invisible College ideals in order to redress the ethical no-man's land.
Castles in the Air and the Future of Ethics in International Arbitration
Authors: Rogers Catherine A 
Published: June 2017

Abstract
This chapter discusses the implications of a more holistic, complex understanding of international arbitration on the future of the ethical regulation of international arbitration. With a vision of the future centred on the professionals that manage international disputes and address its on-going challenges, the chapter anticipates the implementation of the ethical self-regulation among the professional collective. While such a view might seem ambitious at first glance, international arbitration is already by nature self-regulatory. A challenge, therefore, for the current crop of arbitrators would be to think beyond the present situation and take future developments in an increasingly globalized world. Undoubtedly many transnational issues that fall under the realm of these professionals will entail both political and economic cross-currents; it is time to entrust these disputes to international arbitrators on the ground that they would be responsibly and effectively managed.
Agreement to Arbitrate
Authors: Blackaby Nigel , Partasides Constantine , Redfern Alan , Hunter Martin 
Published: June 2017

Abstract
This chapter further explores the element of the agreement to arbitrate, which serves as the foundation stone of international arbitration. It describes the consent of the parties to submit to arbitration-a consent that is indispensable to any process of dispute resolution outside national courts. The chapter examines and compares the two basic types of arbitration agreement: the arbitration clause and the submission agreement. An arbitration clause looks to the future, whereas a submission agreement looks to the past. The first, which is most common, is usually contained in the principal agreement between the parties and is an agreement to submit future disputes to arbitration. The second is an agreement to submit existing disputes to arbitration.
Challenge of Arbitral Awards
Authors: Blackaby Nigel , Partasides Constantine , Redfern Alan , Hunter Martin 
Published: June 2017

Abstract
This chapter discusses the challenge or appeal of arbitral awards by the losing party of arbitration. Under the New York Convention and the UNICTRAL Model Law, the purpose of challenging an award is to have the court declare all, or part, of the award null and void. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable not only by the courts of the seat of arbitration, but also by national courts elsewhere. The chapter describes the various methods of challenge: ‘internal’ challenge; the correction and interpretation of awards; the issuance of additional awards; and the remission of awards. If the challenge is successful, the court may decide to confirm the award, refer it back to the arbitrary tribunal, vary the award, or set it aside in whole or in part.
The Cases
Authors: Llamzon Aloysius P 
Published: June 2017

Abstract
This chapter discusses the decisions and awards in nineteen cases identified as significant for the study of corruption in international investment arbitration. It covers the following: cases where corruption was outcome-determinative; [e.g. World Duty Free Company Ltd. v. Republic of Kenya, Metal-Tech v. Khazakhstan, and Siemens v. Argentina] and cases where corruption allegations did not prosper [e.g. Southern Pacific Properties v. Arab Republic of Egypt, Wena Hotels Ltd. v. Arab Republic of Egypt, and Tanzania Electric Supply Co. v. Independent Power Tanzania Ltd].
Official Funding Sources:
Authors: Borisoff Alexander , Compton Andrew 
Published: June 2017

Abstract
This chapter provides an overview of official funding sources available in the project finance arena, including from export credit agencies, multilateral development banks, and governmental and quasi-governmental entities. The forepart of the chapter describes export credit agencies and multilateral development banks generally, as well as hybrid-type official funding sources. The second part of the chapter explores the types of funding these entities provide, including loans, loan guarantees, political risk insurance, working capital facilities, equity investments, and bond guarantees. The chapter concludes by assessing regulatory regimes applicable to export credit agencies, including the voluntary OECD Consensus or Arrangement on Export Credits that seeks to promote transparency among export credit agencies, and other common issues and considerations to explore when seeking funding by way of such an official funding source.
Defaults and Workouts:
Authors: Angel Nick , Colman Kate 
Published: June 2017

Abstract
This chapter considers issues relating to the restructuring of project finance companies experiencing financial difficulties. Restructurings may take many forms, but in all cases there will be a number of protagonists with often competing interests: the project company itself, its directors, its sponsors, its creditors, and, especially in a project finance context, key commercial parties or governments connected to the project. This chapter considers the motivations and legal rights and obligations of each of these protagonists, including the heightened duties of directors as a company’s financial situation deteriorates. It also considers the various stages of restructuring—from default through to enforcement or implementation of a consensual restructuring transaction—and examines some of the options available which allow companies to reorganize or reschedule liabilities and continue as a going concern.
The Doctrine of Res Judicata in International Law
Authors: Schaffstein Silja 
Published: June 2017

Abstract
This chapter discusses how international law deals with the problems of multiple proceedings and conflicting judgments concerning the doctrine of res judicata. In international law, the problem is handled differently depending on whether it arises in the private or public international law context. In private international law, the problem has long been resolved by domestic private international law acts and various bilateral conventions. In Europe, the Brussels I Regulation seeks to avoid these problems among Member States by unifying rules on jurisdiction and the recognition and enforcement of judgments. On the other hand, in public international law, a uniform doctrine of res judicata has been developed on the basis of domestic res judicata rules.
The Terrorism Acts and Conspiracy
Authors: Fortson Rudi 
Published: June 2017

Abstract
This chapter looks at acts of terrorism and the issue of conspiracy. It starts by defining ‘terrorism’ and looking at various acts of terrorism and the history of terrorism and how the latter relates to money laundering. It then considers money laundering offences in particular and conspiracy to commit such offences. It looks at the example of the Salik case. In relation to this case, it considers the issue of property identified versus property not identified. It concludes this section of the chapter by looking at the implications of the Salik case. This discussion leads to the question: is knowledge relevant if the defendant intended to commit a crime?
UK Sanctions Regimes
Authors: Tzanakopoulos Antonios 
Published: June 2017

Abstract
There are two principle sources of sanctions regimes applicable to the UK, this chapter shows: those of the European Union (EU) and the United Nations (UN). The chapter first looks at the EU regime. The EU operates thirty-eight different sanctions regimes as of May 2016. They are of two types: regimes designed to implement UN-mandated sanctions regimes; and the EU’s autonomous sanctions regimes. Current EU policy on sanctions has been continuously updated. As the EU Basic Principles make clear, the EU looks principally to the UN Security Council as the source of sanctions. The UK sanctions regimes, which give effect to UN sanctions regimes, are principally introduced for three purposes: to legislate in the absence of EU competence (for example to introduce financial sanctions against so-called ‘domestic’ terrorists); to give effect to EU regimes (for example to impose penalties for failure to comply with obligations introduced by means of an EU Regulation); and to introduce measures ahead of an EU regime (where by acting unilaterally, the UK can act more speedily) or even independently.
Investigations and Remedies under POCA 2002
Authors: Peddie Jonathan 
Published: June 2017

Abstract
This chapter considers the means by which financial institutions are most frequently required to provide assistance in the investigation and enforcement process under the Proceeds of Crime Act 2002 (POCA 2002). The powers created under Part 8 of POCA 2002 are very broad and, from a bank’s perspective, some have greater relevance than others. Whilst the technical aspects of orders under Part 8 are considered in some depth in this chapter, many other sources dissect the relevant sections of the Act in greater detail or analyse the wider implications of all aspects of the POCA regime. The purpose of this chapter is to provide insights into the practical application of the legislation within a particular commercial sector. This chapter therefore considers those parts of POCA 2002 which present the greatest challenges for banks and seeks to highlight certain themes and principles which have emerged following its enactment.
Extraterritorial Application of US Law
Authors: Dinh Viet D , Wold Megan M 
Published: June 2017

Abstract
U.S. laws related to tainted money often create an impact beyond U.S. territory. This extraterritoriality occurs in two ways: firstly, formal extraterritoriality, meaning the direct application in a U.S. court of U.S. law to activities taking place partly or entirely outside of the U.S.; and, secondly, informal extraterritoriality, meaning indirect effects of U.S. law felt outside of the U.S. but without the application of any U.S. statute or the participation of any U.S. court. This chapter discusses both types of extraterritoriality. First, it presents the conditions of formal extraterritoriality by outlining the principles by which U.S. courts determine whether a particular U.S. statute applies outside the United States. Second, the chapter considers the elements of informal extraterritoriality by describing the types of extraterritorial effects U.S. law may have even when not directly applied to extraterritorial activities. Third, this chapter describes several specific U.S. laws that commonly have extraterritorial applications and/or effects. And finally, the chapter concludes with a brief analysis of extraterritorial applications of foreign law within the U.S. Although not specifically contemplated by the title of this chapter, this discussion pertains to the fundamental reciprocity analysis that governs formal extraterritoriality in the U.S.
Virtual Currencies, Artificial Intelligence, and Emerging Legal Questions
Authors: Firth-Butterfield Kay , Brent Richard , Grant Tom 
Published: June 2017

Abstract
This chapter provides a background to technologies such as the distributed ledger (e.g., blockchain) that underlie virtual currencies such as Bitcoin. It also considers the concept-or range of concepts-that the expression ‘Artificial Intelligence’ (AI) denotes. The chapter then presents an overview of legislation and regulation adopted to date as relevant to virtual currencies in the UK, EU, and U.S. and of policy statements suggesting the near-term course that legislation might take. Turning to private law, the chapter considers issues that Bitcoin raises in relation to private law claims. Finally, it finishes by considering wider legal and societal issues entailed by the interplay of virtual currencies, AI, and financial crime.
Introduction
Authors: Azaria Danae 
Published: June 2017

Abstract
Chapter 1 illustrates the importance of means of transportation in the development of international law, and the modern relevance of transit of energy via pipelines in this respect. The chapter sets the framework and method used in the study. Key concepts (transit, energy, and pipelines) and the scope of application of the treaties (ratione loci and ratione materiae) examined in the study are explained. It explains the rules of treaty interpretation that are used in the study for determining the scope and content of obligations regarding transit of energy, for identifying the nature of these obligations with a view to establishing standing to invoke international responsibility in case of their breach, and for determining the relationship between treaty rules and customary international law. It focuses on the role of subsequent agreements and practice, which is extensively used in this study as a means of treaty interpretation. The elements of an internationally wrongful act are then discussed. Emphasis is placed on attribution of conduct of private entities, and on the dual function of countermeasures under the law of international responsibility.
Responses to Breaches under the Law of Treaties
Authors: Azaria Danae 
Published: June 2017

Abstract
Chapter 5 addresses unilateral treaty law responses available to treaty parties against breaches of transit obligations therein, and examines whether the exceptio non adimpleti contractus has a separate existence to the rule concerning responses to material breaches under the law of treaties. It illustrates that there may be special rules in treaties that displace treaty law responses under customary international law. The analysis distinguishes treaty law responses (and the exceptio non adimpleti contractus) from countermeasures. It demonstrates that even though unilateral responses under the law of treaties may be available to treaty parties other than the defaulting transit treaty party in response to a material breach of the treaty establishing transit of energy obligations (or non-performance may as a matter of treaty interpretation be allowed by virtue of the exceptio), these do not overlap and do not exclude countermeasures under the law of international responsibility.