bluuebunny/crossref_metadata_2025_split huggingface dataset:
Application of the Interim Accord of 13 September 1995 (The Former Yugoslav Republic of Macedonia v Greece), Judgment, [2011] ICJ Rep 644
Authors: Barros Ana Sofia 
Published: June 2017

Abstract
The present case addresses the responsibility of states for their own conduct performed in the framework of international organizations. The matter at stake concerned the responsibility of Greece for its objection to FYROM’s candidacy for membership in NATO, which eventually led to latter’s decision to refuse FYROM’s admission. Contrary to Greece’s contention that the decision had been taken by NATO as a whole, and that it was thus solely attributable to it, the ICJ lifted the institutional veil and rather concentrated on the legality of the individual conduct of Greece. In this decision, the Court confirmed that member state participation in institutional decision-making processes can, in its own right, constitute legally relevant conduct against which state compliance with earlier international law obligations may be judged.
Interpretation of the Greco-Turkish Agreement of 1 December 1926, Permanent Court of International Justice, Advisory Opinion, [1926] Publ. PCIJ, Series B, No. 16
Authors: Montejo Blanca 
Published: June 2017

Abstract
In 1923, Greece and Turkey entered into the Treaty of Lausanne to regulate the orderly transfer of Greek and Turkish populations displaced by the First World War. The treaty established a Mixed Arbitral Tribunal and a Mixed Commission to deal with property issues ensuing from the transfer of populations. However, a dispute arose in the implementation of the treaty which was ultimately referred to the Permanent Court of International Justice (PCIJ) for an advisory opinion. In its decision, the PCIJ sketched some of the main features of the international legal personality of international organizations and articulated the basic elements of the implied powers doctrine, thereby initiating the path towards consolidating the role of international organizations as international actors in their own right with powers beyond those strictly attributed to them by their establishing treaties. Some authors have assessed the performance of the Court in critical terms.
Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v United States of America), Merits, Judgment, [1986] ICJ Rep 14
Authors: Boisson de Chazournes Laurence , Gadkowski Andrzej 
Published: June 2017

Abstract
International organizations can contribute to the formation of international law as can be seen from the Military and Paramilitary Activities in and against Nicaragua case. The legal nature and effects of acts of international organizations, in relation to the principles of non-intervention and the non-use of force, are discussed having reference to the resolutions of the United Nations General Assembly, of the Organization of American States, and to the Helsinki Final Act. The impact and effect of unilateral acts of international organizations are analyzed in a wide context—that of international law-making and the sources of international law. Focus is put on the twofold relationship between acts of international organizations and customary international law, that is as evidence of customary law and with respect to its impact on its creation. Remarks are also made on the role of these acts in treaty interpretation.
Case T-315/01, Yassin Abdullah Kadi v Council of the European Union and Commission of the European Communities, 21 September 2005, [2005] ECR II-3649 (Kadi I CFI); Cases C-402/05 P and C-415/05 P, Yassin Abdullah Kadi and Al Barakaat International Foundation v Council and Commission, Court of Justice of the EC [2008] ECR I-6351 (Kadi I ECJ); Case T-85/09, Kadi v Commission [2010] ECR II-5177 (Kadi II GCEU); Joined Cases C-584/10 P, C-593/10 P and C-595/10 P, Commission and United Kingdom v Kadi, Judgment of the Court (Grand Chamber) of 18 July 2013 (Kadi II CJEU)
Authors: Tzanakopoulos Antonios 
Published: June 2017

Abstract
This casenote reviews and discusses the series of decisions regarding sanctions imposed by the UN Security Council against Yassin Abdullah Kadi, as implemented in the EU legal order. In this series of cases, the EU Courts at different times take different positions regarding the relationship of the UN and the EU legal order, as well as their power to review EU acts implementing Security Council sanctions and (indirectly) the sanctions themselves. The series of cases marks a watershed moment in UN Security Council targeted sanctions, forcing EU member states to disobey them and eventually leading to the creation and strengthening of an internal UN review mechanism, the Office of the Ombudsperson.
Case 21-24/72, International Fruit Company v Produktschap voor Siergewassen, Court of Justice of the EC, [1972] ECR 1219
Authors: Kuijper Pieter Jan 
Published: June 2017

Abstract
The International Fruit Company case is rightly famous for two reasons: (1) the succession of the European Community to its member states in the General Agreement on Tariffs and Trade (GATT) and (2) the lack of direct effect of art. XI (the prohibition of quantitative restrictions) and of the GATT in general. On point (2) the case has largely lost its initial relevance, since the Court of Justice (ECJ), though still of the same view with respect to the GATT’s successor, the WTO, has considerably developed and refined its initial reasoning. It is on point (1) that the case has continued importance, because it sheds light on the comparable, but different situation in which the EU effectively follows the rules of international organizations or of treaty bodies, to which all member states are parties, but without the possibility for the EU to accede to these organizations and treaty bodies.
Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt, Advisory Opinion, [1980] ICJ Rep 73
Authors: Brölmann Catherine 
Published: June 2017

Abstract
The 1980 WHO Advisory Opinion elaborates on the general legal obligations (grounded in the duty of co-operation and good faith) that are part of the relationship between an international organization and its host state. In this opinion the ICJ possibly for the first time articulated this relationship as a set of mutual obligations between legal equals. The opinion moreover enunciates the sources of international legal obligations binding upon international organizations (IOs): the treaties they conclude (uncontroversial); I customary international law; their constitutions. The Court uses the proverbial reassurance of UN member states in saying that the WHO is not a ‘super-state’. Finally, in accepting jurisdiction the Court explicitly separated the legal character of the question from the political considerations motivated by that question.
Arab Organization for Industrialization and others v Westland Helicopters Ltd, Swiss Federal Supreme Court (First Civil Court), 19 July 1988, 80 ILR 652
Authors: Ahlborn Christiane 
Published: June 2017

Abstract
This chapter discusses the decision of the Swiss Federal Supreme Court in Westland Helicopters. It forms part of an appeal brought by the Arab Republic of Egypt (ARE) against an earlier arbitral award against the ARE and other respondents. The Tribunal had held that AOI member states, including the ARE, had agreed to arbitration by virtue of the AOI constitution. The Swiss Federal Supreme Court partly reversed this award by upholding the separate legal personality of the AOI. As a result, AOI member states, in particular the appealing ARE, could not be subjected to international arbitration. The Swiss Federal Supreme Court thus set the stage for the contemporary view on the question of the responsibility of member states of international organizations: due to the separate legal personality of an international organization, its member states cannot be held responsible for acts of the organization by virtue of their membership alone.
Admissibility of the Application by Vlastimir and Borka Banković, Živana Stojanović, Mirjana Stoimenovski, Dragana Koksimović, and Dragan Suković against Belgium, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Turkey, and the United Kingdom, European Court of Human Rights, Grand Chamber Decision, [2001]
Authors: Scovazzi Tullio 
Published: June 2017

Abstract
The Bankovic case is one of few cases in which the European Court of Human Rights took a position that, without an acceptable explanation, restricts the application of rights granted by the European Convention on Human Rights. The application was submitted by individuals who put forward that in 1999 seventeen states parties violated art. 2 (right to life) of the Convention by bombing by aircraft the television and radio station in Belgrade. As a consequence of this NATO directed operation sixteen civilians were killed and another sixteen were seriously injured. The Court found that it had no jurisdiction to entertain the case, as at that time Yugoslavia was not a party to the Convention. The Court gave a too restrictive interpretation of the word ‘jurisdiction’ to basically conclude that the Convention applies only within the territory of states parties. The Bankovic decision has been contradicted by subsequent judgments.
Difference relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory Opinion, [1999] ICJ Rep 62
Authors: Wickremasinghe Chanaka 
Published: June 2017

Abstract
The advisory opinion is one of the relatively few cases that have required the International Court of Justice to consider directly issues related to the immunity of an international organization (in this case the UN). It provides important guidance on how to delineate between activities that are pursued by the UN and its officials in an official capacity, which are therefore entitled to immunity, and activities which are pursued in some other capacity and therefore are subject to national jurisdiction. At a procedural level the case is significant as the first occasion on which the process of so-called ‘binding advisory opinions’ under art. VIII, Section 30 of the 1946 Convention on the Privileges and Immunities of the United Nations has been invoked, leading in itself to some interesting questions about the adaptation of the Court’s advisory jurisdiction to a more formal mode of dispute settlement.
Mothers of Srebrenica v The Netherlands and the UN, LJN: BW1999, Dutch Supreme Court, 13 April 2012 and Stichting Mothers of Srebrenica and Others against The Netherlands, App. No. 65542/12, European Court of Human Rights, 11 June 2013
Authors: Momirov Aleksandar 
Published: June 2017

Abstract
Increasingly, domestic and regional courts have engaged in reinterpreting the international law on immunities. The two present decisions add to a broader jurisprudential development through which courts have started to question the scope of immunity enjoyed by international organizations—or rather the unconditionality thereof—as a response to human rights-based critique. Whether or not international organizations enjoy immunity before a domestic court should, according to this developing approach, depend on a balancing act between, on the one hand, the functional interests of the international organization and, on the other hand, the individuals’ right of access to court. The decisions discussed in this section illustrate this doctrinal development as well as the limits of this developing line of jurisprudence by confirming that the immunity of the UN, as a sui generis international organization, shall not be subjected to the aforementioned balancing act.
Calculation of Compensation and Damages in International Investment Law
Authors: Marboe Irmgard 
Published: June 2017

Abstract
Fully revised and updated from the successful first edition, this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice.
Interest
Authors: Marboe Irmgard 
Published: June 2017

Abstract
Interest can represent an important portion of the award depending on the time between the origin of the claim and the actual payment of compensation or damages. It can sometimes even exceed the principal. This chapter discusses the three most important issues with regard to the determination of interest: 1) the rate of interest, 2) the period of interest, and 3) the question of whether interest should be compounded. A differentiation between ‘pre-award interest’ and ‘post-award interest’ seems advisable as the former represents an item of compensation or damages, while the latter could be regarded as default charges for the non-payment of a debt. Post-award interest should additionally encourage prompt compliance with the award.
The Selection of Arbitrators
Authors: Carter James H 
Published: June 2017

Abstract
This chapter discusses the process of selecting arbitrators. Arbitrators are often selected based on the counsel’s prior experience with them, in one connection or another. Sometimes, in the absence of such information, counsel may make a selection simply on the basis of the arbitrator’s reputation. The selection may be made without any contact with the prospective arbitrator but, typically, counsel prefer to interview one or more arbitrator candidates to determine first-hand what a prospective arbitrator’s actual experience, commitment, and availability are. The rules governing such arbitrator “beauty contests” are addressed, to some extent, by the American Arbitration Association/American Bar Association Code of Ethics for Arbitrators in Commercial Matters (AAA/ABA Code of Ethics) and some arbitration rules.
Enforcing International Arbitration Agreements
Authors: Fellas John , Elul Hagit 
Published: June 2017

Abstract
This chapter addresses the enforcement of agreements to arbitrate, the question of what one party to an international contract should do when the other fails to comply with its agreement to arbitrate. It addresses three basic issues. The first is whether one party can proceed with the arbitration and obtain an enforceable award even if the other party fails to participate in the arbitration. Secondly, the chapter inquires as to whether one party can seek the intervention of the courts to enforce its agreement to arbitrate in the event that the other party to the arbitration agreement refuses to arbitrate or commences litigation notwithstanding its agreement to arbitrate. Finally, the chapter looks into whether one party can obtain damages against the party that has breached its obligation to arbitrate.
Discovery
Authors: Gardiner John L , Kuck Lea Haber , Bédard Julie 
Published: June 2017

Abstract
This chapter considers the laws and practices pertaining to discovery. Discovery refers both to the process whereby the parties exchange information among themselves and also seek information from third parties in order to assess the merits of their respective cases, prepare for an evidentiary hearing on the merits of their dispute, and make necessary submissions to the arbitration tribunal. When the arbitration is venued in New York, the first issue for consideration is what the arbitration agreement itself provides, if anything, about the scope of permissible discovery. This is because both federal and New York law place party autonomy at the top of the pyramid of considerations when looking at the applicable procedure for an arbitration, including discovery issues. Arbitration rules and statutory provisions also are relevant.
Enforcing Awards Involving Foreign Sovereigns
Authors: King Brian , Yanos Alexander 
Published: June 2017

Abstract
This chapter outlines the unique differences in arbitrations involving sovereigns, as opposed to those involving private individuals, in particular discussing the strategies employed by counsel to address these differences. The chapter shows how private parties seek to insert certain provisions in the arbitration agreement to facilitate enforcement of an eventual award. At the time a dispute arises, private parties go to the New York courts to attempt to attach sovereign assets, and litigants also look to their arbitral tribunal for interim measures. After the award has been rendered, private parties attempt to attach sovereign assets before the relevant award is recognized by the New York courts. After recognition of the applicable award, private parties would then seek to identify attachable commercial assets and seize them.
The Bank Recovery and Resolution Directive
Authors: Enoch Charles 
Published: June 2017

Abstract
This chapter sets some aspects of the new resolution mechanism against the international financial sector standards that have emerged over the past decade. The harmonized resolution framework fostered by the Bank Recovery and Resolution Directive (BRRD) will significantly improve resolution capacity and may be as far as we can go without making amendments. Nevertheless, there are a number of deviations from the best practices identified in the relevant standards. The chapter discusses some of these deviations, such as the likely dominance of national representatives on the Single Resolution Mechanism (SRM) Board and the European Council power to modify and/or turn down a resolution proposed by the Board which may lead to divergences across Member States, and to possible inconsistencies with the Single Supervisory Mechanism (SSM).
Resolution in the UK and US
Authors: Krimminger Michael 
Published: June 2017

Abstract
This chapter explores the US and UK’s response to the 2007–9 Global Financial Crisis. In both cases, funding for the resolution and restructuring of failing financial companies came from public sources-generally national governments and central banks funded by the private creditors or other private sources. In the UK, the resolution actions relied solely on taxpayer financing. In the US, the government’s actions relied on Federal Reserve funding, Treasury funding through the Troubled Asset Relief Program (TARP), and Federal Deposit Insurance Corporation (FDIC) funding from the Deposit Insurance Fund. The chapter also assesses the role of bail-in under the Resolution Authorities and concludes with a brief summary of the UK and EU approach to single point of entry (SPOE) strategy.
The Rise and Fall of Lehman Brothers
Authors: Valukas Anton R , Byman Robert L , Murray Daniel R 
Published: June 2017

Abstract
This chapter begins by introducing the history of the status of Lehman Brothers in the financial world. It discusses the ranking of Lehman Brothers and the revenues recorded in 2007 and contrasts that to the status of the company in the following year. The fall of Lehman, the chapter argues, nearly took with it the entire global economy. The chapter goes on to argue that even though the company’s fall was spectacularly rapid, Lehman’s rise before that was far more storied and measured. It presents thorough detail on the rise of Lehman Brothers from the beginnings when Henry Lehman emigrated from Rimpar in Germany to the United States in 1844 to the time of the company’s dramatic demise in 2008. The chapter asks: why did Lehman fail? There were many reasons, the text of this chapter argues, and the responsibility for that failure is shared.
Lehman’s Derivative Portfolio
Authors: Lubben Stephen J 
Published: June 2017

Abstract
This chapter looks at the immediate cause of Lehman’s failure, which it argues was the repo market and the company’s inability to access funding for its operations at that time. Lehman’s derivatives were not the direct cause of its failure, but its derivatives, and the growth of the derivatives markets in general, led to the assumption of outsized risks and systemic weaknesses that facilitated the crisis. This chapter suggests that the continuation of the safe harbours ‘as is’ renders chapter 11 nonviable for larger financial institutions, and recent contractual attempts to work around the safe harbors are insufficient to solve the problem, while the increased role of clearinghouses in financial institution failures will force regulators to confront difficult choices. In short, the regulators will have to balance two competing systemic risks: the risk of an unruly resolution of the financial institution, balanced against increased risk to the clearinghouse.
How Has English Law Coped with the Lehman Collapse?
Authors: Briggs Lord Justice 
Published: June 2017

Abstract
The insolvent collapse of the Lehman Brothers group imposed unprecedented strains on the legal and regulatory systems of all the countries where its main business was based. This chapter’s author lived, during a period spanning 2009–2012, in the eye of this storm (in the respect that it has affected England). The author was the judge in charge, at least of the case management, since early on in the litigation following the collapse of the numerous applications for directions made by the administrators of Lehman Brothers International Europe (LBIE), the main hub company for Lehman group business in Europe, and one of the group’s three main trading companies worldwide. He was the first instance trial judge for all those applications, except the first, which was dealt with (to the complete satisfaction of the Court of Appeal) by Mr Justice Blackburne before his retirement. The amounts at stake were, by comparison with anything in which a lawyer is ordinarily involved, on the bench or at the bar, truly astonishing.
Lessons of LBIE
Authors: Benjamin Joanna 
Published: June 2017

Abstract
Two notable traumas followed the failure of Lehman Brothers on 15 September 2008. The first was the catastrophic delivering that affected wholesale financial institutions in 2009, as the post-LBIE markets went into free-fall. The second was the very long delays in the return of client assets held by in the UK Lehman Brothers International (Europe) (LBIE). The systemic failure has been associated with the reuse of securities collateral in general. Some have argued that the client asset delays were associated with a category of reuse, known as rehypothecation, in particular. Regulatory reforms have been introduced with a view to addressing both. However, this chapter argues that the true lesson of both failures is not yet fully reflected in regulation. This is the profound impact of shadow banking, and the reuse of securities collateral within it, upon client asset protection and systemic risk management alike.
The Scope and Application of the Anti-Deprivation Rule
Authors: Worthington Sarah 
Published: June 2017

Abstract
This chapter begins by explaining why anti-deprivation rules are important. These anti-deprivation rules are designed to prevent parties from contracting out of the insolvency legislation. In particular, an insolvent cannot agree to a depletion or distribution of its property other than in accordance with the statutory insolvency distribution scheme. The chapter describes the Lehman context as it relates to the anti-deprivation rule, the relevant UK rules (all non-statutory),the basis of the UK Supreme Court’s findings in the Lehman litigation, and the various questions which remain difficult—sometimes exceedingly so—yet which may well need to be resolved should the issues reappear in future litigation.