bluuebunny/crossref_metadata_2025_split huggingface dataset:
Proprietary Claims
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter examines the availability and nature of proprietary claims correlated to rescission at law and equitable rescission. With regards to propriety claims upon rescission at law, it notes that the benefit of rescission as a remedy is the possibility of asserting propriety claims to money, property transferred, or traceable substitute. On the other hand, propriety claims upon equitable rescission involve the passing of title with pending rescission. The term equity, in this case, refers to a personal right to obtain a propriety interest in the future. The chapter then looks at the ongoing debate on the kind of power that equity to rescind has.
A Guide to the HKIAC Arbitration Rules
Authors: Moser Michael J , Bao Chiann 
Published: August 2024

Abstract
This is the second edition of the detailed commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules, providing practitioners with an insider’s perspective on how the HKIAC Secretariat administers arbitrations under these rules. This practical guide makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize the key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. As well as offering an insider’s perspective, it provides examples of anonymous cases handled at the HKIAC and a discussion of various issues arising from arbitrations involving mainland parties or enforcing arbitration awards in mainland China. The book not only draws from the authors’ many years of experience administering arbitrations under the 2008 and 2013 HKIAC Administered Arbitration Rules but highlights the various changes made in the revised Rules that came into effect in November 2018 benefitting from the authors’ privileged access.
Evaluating Damages:
Authors: Lianos Ioannis , Davis Peter , Nebbia Paolisa 
Published: August 2024

Abstract
This chapter provides the theoretical foundations underlying both cartel and abuse of dominance damage calculations. It illustrates both the power of the theoretical frameworks provided by economic analysis and the rich variety of practical changes that arise in its real-world application in competition cases. The discussion makes reference to the Commission Staff’s Working Document: ‘Quantifying Harm in Actions for Damages based on Breaches of Article 101 or 102 of The Treaty on the Functioning of the European Union’ (which was published alongside the Directive) and also more generally on the economics of damage calculations.
Application and Relationships
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter discusses the application and relationships of the Rome I Regulation. Topics covered include application of the Regulation to contracts concluded after 17 December 2009; territorial application; direct applicability in Member States; consequential UK legislation; direct applicability to the courts and tribunals of Member States; duration and review; relationship with other provisions of EU law; relationship with the Rome Convention; and relationship with existing international conventions.
Classification and Interpretation
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter discusses classification and interpretation of the Rome I Regulation. Topics covered include classification of obligations; interpretation of the Rome I Regulation; literal or textual interpretation in a multi-lingual union; the role of the 46 Recitals in the preamble to the Regulation in determining the context, scheme, objectives, and purpose of the Rome I Regulation; the general objective of legal certainty; the willingness of the Court of Justice of the European Union (CJEU) to consider publically available preparatory legislative materials (travaux préparatoires) in interpreting the legislative development of both primary and secondary Union law; and the CJEU's case law.
Overriding Mandatory Provisions & Public Policy
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter explains Article 9 and Article 21 of the Rome Regulation I. Both provisions exist primarily to protect the national interests and policies of Member States. They are a necessary counter-balance to the principal of party autonomy. They effectively represent two sides of the same coin, with overriding mandatory rules often involving expressions of public policy. Article 9 is concerned with the positive application of a country's laws that reflect the public interests of the forum state, or, in the limited circumstances, the interests of a third country that the forum state has decided to ‘give effect to’ under Article 9(3). Article 21 involves a ‘negative’ response by the forum to the consequences of an otherwise applicable law.
The Right to a Fair Trial and Jurisdiction under the EU Rules
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This chapter examines the impact of the right to a fair trial on jurisdiction under EU rules. The constitutional justification for the introduction of harmonised rules of jurisdiction is to ensure effective access to justice within the EU. The link between access to justice and more generally the right to a fair trial is most apparent in procedural instruments such as the Small Claims Procedure Regulation and the Service Regulation. Indeed, the right to a fair trial has had an impact on specific provisions when denial of jurisdiction results in no trial anywhere, leading to the introduction of a forum necessitatis rule in a number of EU instruments.
Right to Respect for Private and Family Life and Related Rights
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This chapter examines the treatment of parental status arising from adoption and surrogacy arrangements under English private international law rules and considers their compatibility with human rights law. The case law of the ECtHR suggests that there is a qualified obligation to recognise foreign adoptions under Article 8 ECHR. Indeed, both the ECtHR and English courts have found that Article 8 ECHR considerations support the accommodation of foreign parental status. The primary concern of the courts has been to ensure that the child’s right to establish his or her identity is respected. However, other human rights concerns regarding the desirability of international commercial surrogacy have not been addressed to any significant extent.
The Function of Compensation and Damages
Authors: Marboe Irmgard 
Published: August 2024

Abstract
This chapter analyses the function of compensation and damages in international investment disputes. It shows that compensation upon expropriation serves a different function than damages after an unlawful act, be it breach of a treaty, such as a BIT, or a contract. While the former aims at the restitution of the ‘value’ of the expropriated property, the latter aims at providing “reparation” for the damage caused by the unlawful act. It follows that expropriation compensation should be equivalent to the ‘objective’ value of the expropriated asset while an amount of damages may also include subjective valuation approaches.
Interest
Authors: Marboe Irmgard 
Published: August 2024

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.
Introduction
Authors: Ioannidou Maria 
Published: August 2024

Abstract
Chapter 1 sets the scene and introduces the debate on private competition law enforcement and the increased attention attributed to the ‘consumer interest’. The central tenet of this book is located at this juncture, as it explores the role of ‘consumer interest’ and consumer participation in EU competition law enforcement. The book focuses on private competition law enforcement and aims to examine the importance of ‘consumer interest’ in EU competition law with a view to reshaping the enforcement mechanisms in the competition law field. It discusses the justifications for more active consumer participation as well as the necessary remedial and procedural tools to facilitate such participation. The introductory chapter discusses the structure and methodology of the book and introduces the reader to the main research questions dealt with in the subsequent chapters.
Normative Justifications for Increased Consumer Involvement
Authors: Ioannidou Maria 
Published: August 2024

Abstract
Chapter 3 first discusses the ‘endemic-functional’ aims of damages actions as these are discerned from the Court’s jurisprudence and Commission’s policy documents on private competition law enforcement. These ‘endemic-functional’ aims comprise deterrence and compensation and are reflected in the structure of the procedural mechanisms for bringing damages actions. It is argued that, even though they both constitute equally valued objectives, in case of conflict deterrence should be ranked first. This is supported by the Court’s case law, while a closer reading of the respective case law, together with the Commission’s early statements, also advocates in favour of ranking deterrence first when formulating procedural measures. Provided that a correct balance is achieved between the ‘endemic-functional’ aims, consumer claims for competition law violations may account for wider institutional benefits, contributing to consumer empowerment and the legitimization of EU competition policy.
Sectoral Regulation
Authors: Collinson Adam , Woodward-Carlton Julia 
Published: August 2024

Abstract
This chapter covers the reforms brought about by the Enterprise and Regulatory Reform Act (ERRA) to the concurrency regime, with a view to strengthening the co-operation between the CMA and the sectoral regulators (Ofcom, Ofgem, Ofwat, ORR, NIAUR, CAA, Monitor, PSR, and FCA). It discusses the fact that the sectoral regulators had, in the eyes of many observers, not used their powers to enforce competition law robustly enough. It outlines the innovations brought about by the ERRA, including conferral on the CMA of the power to decide which regulator should lead an investigation, and granting the Secretary of State the power to remove concurrent competition powers from sectoral regulators, and to make regulations on information exchange between the CMA and the regulators. There is also a discussion of the newly created UK Competition Network. The chapter concludes that the changes may have altered the balance between regulation and competition law enforcement.
Criminal Proceedings
Authors: Nazzini Renato 
Published: August 2024

Abstract
This chapter details the minutiae of criminal proceedings in competition law matters. ‘Criminal’ herein refers to sanctions imposed by a court, following an indictment or charge, on a person, whether natural or legal, and which are viewed within that legal system as ‘criminal’. The chapter places criminalization of competition law in a global context before examining the policy behind criminalization in the United Kingdom. It next describes the cartel offence under Part 6 of the Enterprise Act 2002 and turns to the rules of investigation, prosecution, trial, and appeals, as well as the role of the Competition and Markets Authority (CMA) in these proceedings. The chapter also addresses questions as to how national criminal laws interact with EU competition law and the extradition of cartelists abroad, particularly in the US. Finally, the chapter provides an overview of the criminal enforcement of the competition rules in the United States.
Admissibility and Effect of Decisions in Other Proceedings
Authors: Nazzini Renato 
Published: August 2024

Abstract
This chapter is concerned with the effect of decisions in one set of proceedings on another set of proceedings. The possible interactions are several: the admissibility and effect of administrative decisions in civil proceedings, the admissibility and effect of administrative decisions in criminal proceedings, the admissibility and effect of civil judgments in administrative proceedings, the admissibility and effect of civil judgments in criminal proceedings, the admissibility and effect of criminal convictions in administrative proceedings, and the admissibility and effect of criminal convictions in civil proceedings. In practice, the problem has arisen mainly in relation to the effect of the European Commission decisions in damages actions and other national competition authorities (NCAs) before national courts. The same issue arises as regards decisions by the CMA or other organizations. Many aspects of this complex issue are now codified and the relevant EU and national provisions have given rise to complex case law.
EU Environmental Transport Policy and Legal Instruments
Authors: De Vos Koen 
Published: August 2024

Abstract
Transport is the lifeblood of the economy and connects European citizens. This connectivity, however, comes at a cost. Accidents, traffic jams, polluting emissions, and noise are the external costs of transport. This chapter focuses on the environmental dimension of transport and on how standard setting and market-based measures mitigate the external transport costs without distorting markets. The chapter describes the initiatives taken to address the adverse effects of transport for the environment. It deals with developments in the main transport modes: reducing emissions on roads, reducing railway noise, efforts to enhance the sustainability of aviation, reducing pollution by maritime transport, and the introduction of the emissions-trading scheme in the transport sector
Road Transport (I)
Authors: Godin Alejandro Martínez 
Published: August 2024

Abstract
The chapter on market access in the road transport sector describes the regulatory regime for road transport operators. This activity is subject to the possession of three documents: the authorization to pursue the occupation of road transport operator delivered by the competent authorities of the Member State of establishment following Regulation (EC) n° 1071/2009; second, the Community licence delivered under Regulation (EC) n° 1072/2009 for freight transport and under Regulation (EC) n° 1073/2009 for passenger transport; and third the driver attestation in case the driver of the road transport vehicle is a national of a third country. This chapter also addresses the different regimes applicable to cabotage and international transport.
Railway Transport (II) Competition
Authors: English Mark J 
Published: August 2024

Abstract
Without liberalization, there is little or no competition to distort or protect. The relatively slow pace of liberalization in the rail sector in the European Union has affected all areas of competition law enforcement in the sector. Further, rail liberalization has happened at different paces in different Member States, which has led to different scopes for application of the competition rules in different Member States. The United Kingdom is the obvious exception to this rule. While legal and economic barriers have no doubt played their role, it should not be ignored that much of the rail sector may not be viable without significant public support. This may also discourage prospective entrants. Chapter 10 sets out the regulatory framework for the application of competition rules to the road sector, and describes the practice in respect of restrictive agreements, abuse of dominant position, mergers, and State aid.
Competition (I)
Authors: Blanco Luis Ortiz , Rodríguez Elvira Aliende , Vandenbussche Julie 
Published: August 2024

Abstract
Maritime transport has been and still is a key pillar for economic growth: not only because it is a fundamental sector itself, but also because of the major affect it has on all other sectors of the economy. Its crucial importance has been why maritime transport has been the focus of EU competition rules since 1986. Chapters 13 offers an overview of the approach adopted from the different perspectives of European competition law over the years and the evolution of maritime transport regulation alongside the general European competition law developments. The chapter describes different segments of the shipping industry. It sets out in detail the elaborate practice in respect of restrictive agreements and abuses of dominant position, as well as the specific regulatory framework for liner shipping consortia.
Liberalization and Regulation
Authors: Zamarreño Carlos Mestre 
Published: August 2024

Abstract
Under Article 100 of the Treaty on the Functioning of the European Union (TFEU), and its predecessor Article 80 of the Treaty establishing the European Community, sea and air transport are ‘de jure’ excluded from the provisions of the chapter on Transport of the EU Treaties. This chapter provides an overview of the development of an EU regulatory framework for the aviation sector since the late 1980s, dealing with market access and pricing. The rules were recast in 2008 in an air services regulation, which is analysed in detail, addressing licensing of EU air carriers, provision of intra-EU air services, insurance requirements, operational flexibility (code-sharing and leasing), public service obligations, traffic distribution, environmental and emergency measures, and pricing. The chapter also describes the specific regulation governing computerized reservation services, and sets out the principles of the framework dealing with international aviation relations, safety, and security.
Airports (I)
Authors: Ionescu Raluca , de Bournonville Dimitri , Thijssen Charlotte , Brain Simon 
Published: August 2024

Abstract
Chapter 18 addresses the specific EU regulation of airport operations. Airport slots are a key asset of airlines, especially at congested airports, and the slots regulation provides the framework for grandfather rights while allowing for some mobility for new entrants or because of trading. Moreover, increasing concerns about security require a thorough analysis of the flow of people and goods, and appropriate safeguards must be put in place. Noise and gaseous emissions call for measures to protect the environment. And, obviously, costs need to be contained to ensure that air travel remains affordable. The directive on airport charges lists the principles that should govern the calculation of these fees and discusses remaining open issues. The directive on ground handling explains how services provided to airlines at busy airports are partially opened to competition, while allowing safeguards to ensure safety of operations and protection of workers’ rights.
Exploring the Relationship between Bhakti, Bhakta, and Yoga in the Prabodhcandroday Nāṭak by Brajvāsīdās
Authors: Pastore Rosina 
Published: August 2024

Abstract
This chapter attempts to uncover the relationship between bhakti, bhaktas and yoga in the Prabodhcandroday nāṭak by Brajvāsīdās. The author, apparently a Vallabhite, retold the allegorical drama in Brajbhāṣā by blending its own peculiar form of Vedānta with bhakti in the 18th century. I analyse the portrayal of nine characters in the text: eight are personifications of the limbs of Patañjali’s yoga; the ninth is Viṣṇubhakti, embodying devotion to Viṣṇu. My investigation reveals that their portrayals are influenced by Patañjala yoga, by central texts of the Vaishnava traditions, such as the Bhāgavata Purāṇa, as well as by hatha yoga. In addition, bhakti values, such as the company of fellow bhaktas, remain central. I suggest that Brajvāsīdās develops such figures to make space for a non-mainstream bhakta yogi, whom he calls vivekī (discerning person), enriching our understanding of the intersections and interactions of bhakti and yoga in early modern times.
2010, Act I
Authors: Young Michael P. 
Published: August 2024

Abstract
Chapter 4 provides a close study of the inner workings of United We Dream during the first half of 2010. The chapter centers on a fine-grained analysis of the first acts of civil disobedience organized by undocumented youth. It explores why and how radical DREAMers planned sit-ins at the offices of Senators John McCain and Chuck Schumer. It describes how these protests reflected and exacerbated an emerging split within the national DREAMer organization. It also reveals the real target behind these acts of civil disobedience: the leaders of the nonprofit organizations supporting comprehensive immigration reform.
Introduction
Authors: Pilcher Jeffrey M. 
Published: August 2024

Abstract
Beer became a standardized, industrial commodity in the nineteenth century. Until then, diversity persisted among local European brewing traditions as well as global fermented beverages. Pilsner, a clear, crisp, lager beer from Bohemia, exemplified the ideals of commodified beer. Technologies of production and marketing contributed to the standardization of brewing styles. Even the seemingly primordial Belgian lambic was a product of industrialization. The consolidation of brewing also led to the displacement of women, who had traditionally been the brewers in preindustrial societies. The standardization of beers and the concentration of markets at the national and global level led to new forms of marketing based largely on advertising campaigns rather than taste. Craft brewing was imagined as a reaction against the standardization of industrial beers, but it became a form of commodification. Although Pilsner may seem to represent a form of cultural imperialism, it was itself a product of globalization.
Imperial Hops
Authors: Pilcher Jeffrey M. 
Published: August 2024

Abstract
Lager beer spread around the world during the age of empire as a result of trade, colonization, and flavor. European travelers carried beer to preserve their culture, and merchants sold it to local elites desiring a taste of European modernity. The pure taste of lager was contrasted with strong-flavored indigenous beverages, heightening the association of European culture with civilization. This lightness also contributed to the triumph of Central European lager over heavier English porters and pale ales, even among British overseas agents. Guinness stout nevertheless achieved a niche market among Europeans and natives through its medical associations. The establishment of lager breweries by settler colonists and indigenous entrepreneurs limited exports by European firms. Japan built its own empire of lager, acquiring European brewing technology and selling beer in Asian colonies. In southern Africa, imperial authorities sought to outlaw native brewing and use municipal brewing monopolies to fund segregated township governments.