bluuebunny/crossref_metadata_2025_split huggingface dataset:
The UNCITRAL Model Law on Cross-Border Insolvency
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
This chapter begins by introducing the Model Law on Cross-Border Insolvency (‘the Model Law’), which was adopted by the UN Commission on International Trade Law (UNCITRAL) in May 1997 and approved formally in December. Its purpose originally was to provide a template for use by countries seeking to put into place a cross-border insolvency regime, or strengthen one already in existence. This chapter looks at how the US and UK, despite seemingly seeking to adopt the same Model Law, in reality have very different conceptions of how it is to work in practice. The chapter starts with a brief examination of the objectives and scope of the Model Law, before analysing in more detail key aspects of the US and English versions and the reasons why there appears to be a growing divergence in the way in which the Model Law is applied in practice.
Legal Aspects of Banking Regulation in the UK and US
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
The chapter starts by describing what the banking industry does and how it is regulated and managed. The susceptibility of banks to collapse or failure is the result of the ‘maturity mismatch’ between their borrowing and lending. The fallout from failure can have very wide systematic consequences, and efficient regulation is vital. This chapter sets out the principal features of the UK and US bank regulation. First, the UK proposals for reform and key features of the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) supervisory regime are outlined. Secondly, the US federal bank regulatory system and the impact of the Dodd-Frank Wall Street Reform and Consumer Act 2010, as well as the impact of the Act on areas of the regulatory and supervisory regime are described. The chapter examines how significant reform has improved the safety and soundness of banking and brought supervisory measures to the fore.
Banks in Distress
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
This chapter looks at the background of the Banking Act 2009 and various other reforms in the UK. While the Banking Act 2009 was originally introduced to deal with banks in distress it has been significantly modified to apply to a range of UK institutions such as building societies, investment firms, and central counterparties and banking groups. The 2009 Act provides the ‘appropriate regulator’, and the Bank of England as resolution authority provides the tools to deal with a UK institution that is experiencing financial difficulties. The chapter also looks at the recovery and resolution plans that are now an integral part of the decision-making process for the authorities as they decide how best to prepare an institution in advance of crisis.
Banking Act Restructuring and Insolvency Procedures
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
This chapter starts by introducing the Insolvency Act 1986 and the Insolvency Rules 1986. It argues that for the most part they work effectively in the rescue or liquidation of companies. Special insolvency regimes have been put in place for a number of important industries in order to meet the situation where the application of the normal corporate insolvency law to a monopoly company causes essential services to be interrupted. The area governing both banks and investment firms has undergone more recent reforms with the introduction of the Financial Services Act 2012, the Financial Services (Banking Reform) Act 2013, and with the move to implement the Bank Recovery and Resolution Directive. Specific measures concerning the broader special administration and insolvency arrangements are addressed, looking at the treatment of depositors and client assets and explaining the priority accorded to them during the administration and insolvency procedure.
European Bank Resolution Regime
Authors: Olivares-Caminal Rodrigo , Douglas John , Guynn Randall , Kornberg Alan , Paterson Sarah , Singh Dalvinder 
Published: June 2017

Abstract
This chapter considers the response to the European banking and sovereign debt crisis, which resulted in the introduction of the Bank Recovery and Resolution Directive (BRRD). It also considers the Single Supervisory Mechanism (SSM) and a Single Resolution Mechanism (SRM) which will be implemented to facilitate the supervision and resolution of certain financial institutions in the Eurozone. The chapter looks at the consequences of these reform measures and explains the salient features of the new framework of supervisory and resolution intervention. It also looks separately at the EBA technical standards and guidance where necessary to assist the interpretation of the provisions in the directive.
National Report for Australia
Authors: Symes Christopher 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Australia. For corporate insolvency and corporate rescue, creditor claims are dealt with by the Corporations Act 2001 (Cth), predominantly in ss 553 to 554J and 555 to 564. For personal bankruptcy, creditor claims are covered by the Bankruptcy Act 1966 (Cth), sections 82 to 104. Australian law traditionally does not distinguish between foreign claims and local claims, nor does it treat the rights of foreign creditors any differently from those of local creditors. The remainder of the chapter presents sections that deal with insolvency claims, administration claims, and non-enforceable claims, arising from bankruptcy, liquidation, and voluntary administration. Each section covers: the definition and scope of the claim; rules for submission, verification, and admission or satisfaction of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
National Report for Canada
Authors: Patrick Shea E 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Canada. The general approach is that all claims to which the debtor is subject when the reorganization or liquidation commences should be ‘brought into’ the proceeding, and creditors should receive a distribution based on their relative entitlement vis-à-vis the debtor. While the treatment of claims is generally consistent among the various insolvency proceedings, the proceedings are not identical, particularly regarding the priority of claims and procedures for establishing them. For example, the Bankruptcy and Insolvency Act provides a statutory claims procedure for both liquidations (bankruptcies) and reorganizations (proposals), but that procedure is not applicable in reorganization proceedings under the Companies’ Creditors Arrangement Act (CCAA) or in the distribution of the proceeds realized by a receiver. In reorganization proceedings under the CCAA, and where a receiver is appointed, the court determines the procedure to establish claims. The chapter then deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: 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.
National Report for the People’s Republic of China
Authors: Weiguo Wang 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in China. The rights and interests of creditors are protected by the 2006 Enterprise Bankruptcy Law (EBL). The term ‘insolvency claims’ is not officially used to refer to the claims against the insolvent debtor which are eligible for insolvency proceedings. In the text of the EBL, they are simply referred to as ‘claims’ (ie, creditors’ rights or obligatory rights). Only when bankruptcy liquidation proceedings start following the court’s ruling of bankruptcy declaration do the claims become known as ‘bankruptcy claims’. The rest of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section is concerned with: 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.
National Report for England
Authors: Anderson Hamish , Cooke Charlotte , Gullifer Louise 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in England. The English courts have recently considered the ranking and priority of creditors on a number of occasions. The differing classes of claims found in the judgment of Lord Neuberger PSC in Re Nortel GmbH best explain how the distinction between ‘insolvency claims’, ‘administration claims’, and ‘non-enforceable claims’ is reflected in the applicable English rules. With the exception of expenses and shareholders’ claims, all the claims listed by Lord Neuberger are ‘insolvency claims’ because they are all creditors’ claims which are referable to pre-proceeding obligations. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section describes: 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.
National Report for Germany
Authors: Paulus Christoph G , Berberich Matthias 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Germany. German insolvency law distinguishes between several types of creditors in insolvency proceedings and treats them differently with regard to priority of claims, enforcement, modes of realization, and costs. The doctrinal approach of the German Insolvency Code is not so much a categorization of claims, but rather it takes a view on the creditors. German insolvency law draws a rough distinction between four creditor groups: secured creditors; general insolvency creditors; subordinated creditors; and administration creditors. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: 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.
National Report for the Netherlands
Authors: Faber Dennis , Vermunt Niels 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in the Netherlands. It deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: 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. In essence, holders of insolvency claims (‘insolvency creditors’) are entitled to the liquidation proceeds of the debtor’s insolvency estate after the full discharge of the administration claims. Insolvency creditors (except secured creditors) can only pursue payment by submitting their claims for admission in the proceedings. Administration claims have to be satisfied in priority to insolvency claims and need not be submitted in the claims verification procedure. Holders of such claims (‘administration creditors’) can take recourse against assets comprised in the insolvency estate. Holders of non-enforceable claims can only seek recourse after the insolvency proceedings are terminated (provided that the debtor continues to exist).
National Report for Poland
Authors: Porzycki Marek , Rachwał Anna 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Poland, where a comprehensive insolvency law reform is ongoing. In May 2015, Parliament adopted the final text of the Restructuring Law (RL). Due to enter into force on 1 January 2016, it will cover four restructuring proceedings: arrangement approval; fast arrangement; arrangement; and reorganization. Their common aim will be rescuing the debtor’s enterprise via an arrangement adopted by a majority of creditors. They will apply in case of both threatened and actual insolvency, and replace the current reorganization bankruptcy and rarely used rehabilitation proceedings. The existing Bankruptcy and Rehabilitation Law will have its provisions on reorganization bankruptcy and rehabilitation proceedings repealed, and be renamed ‘Bankruptcy Law’. The chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: 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.
National Report for South Africa
Authors: van der Linde Kathleen , Calitz Juanitta 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in South Africa, where bankruptcy proceedings in are governed by the Insolvency Act and the 1973 Companies Act, while reorganization in business rescue proceedings is regulated under the 2008 Companies Act. Liquidation and business rescue each has its own approach to the submission, verification, and admission of claims; the scope of creditor participation; the calculation of voting rights; the realization of secured assets; and the range of preferential creditors. So it is unsurprising that creditors may prefer one procedure over the other irrespective of the debtor’s financial prospects. South African law does not provide for super-priority claims. In both bankruptcy and reorganization proceedings, administration expenses always rank first. The chapter examines insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: 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.
National Report for the Republic of Korea (South Korea)
Authors: Oh Soogeun , Kim Kyungjin 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in South Korea. Under South Korea’s Debtor Rehabilitation and Bankruptcy Act (DRBA), insolvency claims are classified into secured, unsecured, and administration claims. Unsecured claims are divided according to their level of priority. As administration claims can be paid on maturity without being impaired in the insolvency proceedings, a principal concern is determining whether or not a certain claim is an administration claim. The 2009 amendment to the DRBA gave new loans borrowed under the court’s permission a kind of priority to be paid before other common benefit claims in cases where a company’s property is insufficient to pay all common benefit claims. The chapter then deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: 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.
National Report for Spain
Authors: Tirado Ignacio 
Published: June 2017

Abstract
This chapter discusses the law on creditor claims in Spain. Spain’s current insolvency regulatory regime resulted from the reorganization and modernization that took place with the passing of the 2003 Insolvency Law (Ley Concursal). The ranking of claims under the Insolvency Law coexists with a ranking of claims for execution in individual proceedings, regulated in the Civil Code. The Spanish system has been generally respectful of the pre-insolvency entitlements of secured creditors; provides priority for post-commencement financing; and includes different tiers of priorities for certain categories of creditors. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: 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.
Weapons and the Law of Armed Conflict
Authors: Boothby William H 
Published: June 2017

Abstract
This book brings the legal rules governing the use of weapons in armed conflict together into a single volume and interprets and applies those principles and rules to particular weapons technologies. It is the essential reference book for anyone dealing or concerned with the international law applying to weaponry. After relating the historical evolution of weapons law, identifying its sources and discussing the important customary principles that are the foundation of the subject, the book explains to the reader in a logical sequence of chapters how treaty and customary rules apply to particular categories of weapon or to relevant technologies, both traditional and novel. Having explained to the reader how the existing law applies across the full range of weapons technologies, the book discusses how this dynamic field of international law may be expected to develop in the years ahead. This new edition tackles challenging weapons law issues such as the new treaty law on expanding bullets and on the arms trade, novel technologies in the fields of chemistry and biology, the topical controversies associated with autonomous and automated weapon systems, and how law applies to weapons in outer space and to cyber weapons. The law applicable in non-international armed conflicts is summarized; compliance and weapon reviews are carefully explained; and recent international and national military manuals, and other developments in the wider literature, are thoroughly reflected throughout the text.
Components of the International Law of Weaponry
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter considers the sources of the law of weaponry and discusses matters critical to understanding it. Taking the traditional approach, in addition to general principles of law recognized by nations, the sources of the law consist of customary law and of treaty law, the latter referred to as ‘conventional law’. The chapter looks at customary law, which is, according to Article 38(1)(b) of the Statute of the International Court of Justice (ICJ), the law applied by the court as including ‘international custom, as evidence of a general practice accepted as law’. The chapter discusses what does, and respectively does not, comprise state practice and then looks at treaties, how they are made and interpreted, how states explain their understandings of them and related matters. Individual sections then address the status at law of the ICRC Study of Customary International Humanitarian Law and of the UN Secretary General’s Bulletin.
Customary Principles—Superfluous Injury and Unnecessary Suffering
Authors: Boothby William H 
Published: June 2017

Abstract
This chapter explains in detail the first core principle of the law of weaponry, namely the superfluous injury and unnecessary suffering principle. This customary principle binds all states and protects combatants and others taking a direct part in the hostilities. The evolution of the notion from somewhat under-developed notions expressed in a treaty text in 1868 to its most recent treaty articulation in 1977 is traced. As the Chapter explains, suffering is the normal and inevitable consequence of the use of weapons. It is the aggravation of that suffering, without corresponding military utility, that would exceed the legitimate object to be accomplished by a State in a war, and that would as a result breach the principle. The problem with the practical application of a principle that seems to require comparison of two such incomparable notions as injury and suffering on the one hand and military utility on the other is addressed. Practical guidance is given as to how the principle should be applied, both by those whose task it is to undertake weapon reviews and more generally.
Poison, Poisoned Weapons, Asphyxiating Gases, Biological and Chemical Weapons
Authors: Boothby William H 
Published: June 2017

Abstract
Chapter 9 looks at a group of weapon technologies. The long-standing and customary prohibition of the use of poisons and of poisoned weapons is examined first. Then the discussion addresses efforts in 1899 to address the use of asphyxiating gases, pointing out that a prohibition on use was only achieved in 1925 with the adoption of the Geneva Protocol. While that protocol also addressed bacteriological methods of warfare, comprehensive arms control provision prohibiting all forms of biological weapon had to await the adoption in 1972 of the Biological Weapons Convention, whereas similar provision in relation to chemical weapons was not achieved until 1993. Both of these conventions are considered, and the status of the prohibition on use, and of related provisions, in both treaties is analysed. Novel technologies including incapacitating chemical agents, synthetic biology and the use of viruses are also considered.
Firearms, Bullets, and Analogous Projectiles
Authors: Boothby William H 
Published: June 2017

Abstract
Chapter 10 starts by discussing how weapons law rules apply to firearms. The discussion then addresses bullets, starting with exploding bullets and looking both at the St Petersburg Declaration and at the rule as set forth in the UK Manual. The 1899 prohibition of bullets that expand or flatten easily in the human body is explained and the implications of the relevant amendment to the Rome Statute for the legitimacy of using such ammunition in non-international armed conflicts is considered. The terms of corresponding customary law rules are considered carefully, and the implications of the rules for ammunition testing processes are outlined. Finally, the importance of avoiding application of targeting rules by misleading analogies is stressed.
Mines, Booby-Traps, and Other Devices
Authors: Boothby William H 
Published: June 2017

Abstract
Developments in treaty law starting in 1980 have produced a complex selection of treaties and a Declaration all addressing mines, booby-traps and other devices. Chapter 11 takes each of these instruments in turn explaining the relevant provisions and thereby seeks to demonstrate how the legally complex array of rules inter-relates. The discussion shows how rules in this area have developed from what were essentially reflections of contemporary doctrine in the 1980 Protocol II to more definitive and technologically-based requirements in the Amended Protocol, thereafter culminating in the comprehensive ban of anti-personnel mines in the Ottawa Convention. The legal status of the 2006 CCW Declaration on Mines other than Anti-personnel Mines is also considered.
Applying Weapons Law to Particular Weapon Systems
Authors: Boothby William H 
Published: June 2017

Abstract
Chapter 14 discusses specific weapon technologies and types of munition that merit individual consideration. This may be because of concerns that have been expressed as to their characteristics, because the technologies themselves require, or appear to some to require, particular legal care, or because they are emerging technologies which raise interesting and/or novel legal issues. The purpose of this consideration is to show how weapons law should be applied to each such technology, with the ultimate aim of assisting weapon reviewers in their difficult task. The chapter addresses missiles, bombs, and artillery, blast weapons, directed energy weapons, herbicides, flechettes, depleted uranium, white phosphorus, non-lethal weapons, cyber weapons, autonomous weapons, counter-IED weapons, nanotechnology, and metamaterials.