bluuebunny/crossref_metadata_2025_split huggingface dataset:
War crimes trials at Guantánamo Bay
Authors: Brenner-Beck Dru A 
Published: August 2024

Abstract
This chapter looks at the war crime trials at Guantánamo Bay during 2014. Although the military commissions were proceeding slowly but steadily as would be expected of a judicial system in which little binding precedent exists, stagnation is the word that best describes the Guantánamo military commissions in 2014. Continuing legal uncertainty regarding the permissible jurisdiction of military commissions plus continuing interferences with the military commissions by outside entities resulted in significant delays as the commissions grappled with the legal questions raised, halting the consideration of some or all of the pending pre-trial motions in both cases until these critical issues could be resolved. The chapter concludes by suggesting that trial by military commission was controversial at inception. It argues that also perhaps the government is trapped within its own self-inflicted morass; perhaps these tribunals will begin to gain momentum and move towards just outcomes; or perhaps they will be abandoned in favor of Article III trials. These are all important questions related to legitimacy, efficiency, and the evolution of the laws and customs of war. But ultimately, the chapter states, the individuals responsible for these alleged wartime atrocities and acts of terror must be held to account for their conduct.
Money Laundering and Financial Crime
Authors: Walker George , Purves Robert , Blair Michael 
Published: August 2024

Abstract
This chapter examines the UK policy aimed at combating money laundering and financial crime. It first explains what constitutes money laundering under the October 2004 UK anti-money laundering (AML) policy document, the Terrorism Act 2000 and the Proceeds of Crime Act 2002 (PoCA). It then considers the UK government's Action Plan for Anti-Money Laundering and Counter-Terrorist Finance, along with the relevant provisions of the Financial Services and Markets Act 2000 (FSMA). It also describes the policy backdrop for the UK's fight against money laundering and the international nature of this campaign, the role of the Financial Action Task Force in the fight against money laundering, the European Union's four Money Laundering Directives, the Wire Transfer Regulation, PoCA, Money Laundering Regulations 2007, and the Financial Conduct Authority's (FCA) rules relating to AML. The chapter concludes with an analysis of the Joint Money Laundering Steering Group Guidance.
Introductory Matters
Authors: Zakrzewski Rafal , Fuller Geoffrey 
Published: August 2024

Abstract
This introductory chapter examines general matters of contract law that are particularly relevant to loan transactions governed by English law. It first provides an overview of the elements of a valid contract. It then considers the key principles of English contract law that shape the background necessary to understand English law governed lending documentation. First, the approach of the courts to the interpretation of contracts and the implication of terms is explained in detail. The limited scope for appeals to notions such as good faith or fairness is also emphasised. Next the approach of the courts to contractual discretions is considered in detail as loan agreements often vest significant discretion in the lenders. Strict liability and its mitigation through best or reasonable endeavours standards and force majeure clauses are also explained. The impact of the doctrine of illegality on loan transactions is considered in some detail. Finally, a discussion of enforcement and the remedies available following a breach of contract round off the discussion of the general background principles.
Loan Facilities
Authors: Zakrzewski Rafal , Fuller Geoffrey 
Published: August 2024

Abstract
This chapter examines the structure and content of loan facility agreements. It begins with a discussion of the nature and legal effect of term sheets. It then moves to its central concern which is the examination of the core features of both bilateral and syndicated loan facilities. It guides the reader through the overall structure and contents of such facilities. The financial provisions dealing with benchmark rates are then explained in detail. There follows a discussion of legal issues associated with conditions precedent and a consideration of the legal risks resulting from a wrongful refusal to lend. The chapter then considers issues surrounding payments by the borrower of principal and interest, and the doctrine of penalties. Next provisions which protect the lenders’ rate of return are explained, including increased costs, gross up and indemnity clauses. After the credit monitoring provisions are considered, the most negotiated parts of facility agreements are examined in detail: representations and warranties; covenants and undertakings and events of default and acceleration.
Mann and Proctor on the Law of Money
Authors: Proctor Charles 
Published: August 2024

Abstract
Providing a thorough legal analysis of money in all its aspects, this volume has been the leading text on the private and public law of money ever since the publication of the first edition in 1939. This new edition considers issues that have had a significant impact on monetary law, such as Brexit, virtual currencies, and the continuing shadow of ‘currency wars’. It also includes updated material on central banks and their role in currency and financial stability. The volume deals with the developments and legal challenges of digital money, providing a detailed evaluation of the status of Bitcoin as money. It investigates the challenges that virtual currencies like Bitcoin pose to our fundamental assumptions about monetary institutions and to our understanding and definition of money. In an EU context, the new edition reflects on the legal aspects of the Greek financial crisis, with an updated look at the role of the International Monetary Fund and the European Central Bank. It also includes analysis of the implications of Brexit, developments in damages and interest following on from the Sempra Metals case, the legal definition of a monetary union in Europe, and the conflict of anti-terrorist sanctions blocking financial resources.
The Concept of Money
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter discusses the general concept of ‘money’, and examines the attempts that have been made to formulate a satisfactory legal definition of this elusive term. Economists have tended to define money by reference to some of its functions, namely: as a medium of exchange, as a measure of value or as a standard for contractual obligations, as a store of value or wealth, and as a unit of account. The proposed legal definition of ‘money’ reflects some of these economic considerations. The chapter then differentiates between the state theory and the institutional theory of money, before considering the modern meaning of money and its status as a means of payment. It also looks at electronic money, the status of foreign money, eurocurrencies, virtual currencies, and central bank digital currencies.
Legal Proceedings and their Effect upon Monetary Obligations
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter studies whether the institution of legal proceedings have any impact upon the nature or quality of a monetary obligation. The commencement of legal process is a procedural step which is designed to enforce a pre-existing obligation; such a step should therefore have no effect upon the substance of the obligation at issue. This view can only be reinforced when it is considered in a private international law context, where the substance of the obligation is governed by its applicable law while procedural questions are subject to the law of the country in which the proceedings have been instituted. English law now broadly reflects this principle, although inevitably that principle cannot always be applied uniformly. In particular, difficulties may arise where it is necessary to convert one currency into another, for the date of calculation and other matters may tend to distort the substance of the original obligation. The chapter then illustrates the application of the principle by reference to a discussion of English and US law. It also examines exceptions in the context of procedural questions which come to the fore in the context of insolvency and the division of trust funds.
Monetary Obligations—Unliquidated Amounts
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter focuses on unliquidated amounts. Nominalism has developed and operated in the context of liquidated sums. It must follow that the principle of nominalism can only apply to fixed or stated sums and that the principle cannot apply to obligations involving an unliquidated amount or claim. Instead, the extent of unliquidated amounts depends upon the principles applicable to the relationship at issue; it does not depend upon the law of money. It is the law of damages, breach of trust, restitution, agency, or other legal area which must determine the relevance and impact of variations in monetary value. In all these cases, the claims are unliquidated and require assessment by means of a valuation in terms of money. The extent of these obligations—and the outcome of the valuation process—depends upon the time and criteria by reference to which such process is carried out. The chapter then considers the approach adopted by the English courts in this area, followed by a review of the position adopted by courts in the United States.
Exchange Control under the International Monetary Fund Agreement
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter evaluates the exchange control under the International Monetary Fund (IMF). In the member States of the IMF, the rule of positive law laid down in Article VIII(2) of the Articles of Agreement of the IMF applies. Article VIII(2)(a) requires that: ‘No member of the Fund shall without the approval of the Fund, impose restrictions on the making of payments and transfers for current international transactions’. Article VIII(2)(b) then seeks to provide a measure of international protection for member countries which impose systems of exchange control which conform to the terms of the Fund Agreement. It should be possible to infer that all members of the Fund have incorporated Article VIII(2)(b) into their domestic law in such manner as may be required to ensure that their courts give effect to that provision in any relevant proceedings. In the United Kingdom, this obligation was fulfilled by the Bretton Woods Agreements Order in Council.
Monetary Sovereignty
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter explores the extent to which customary international law underpins the national right to issue money and to organize a monetary system. In so far as the currency of an issuing State is concerned, it may be said that the concept of monetary sovereignty exhibits features of both an internal and an external character. ‘Internal’ sovereignty includes the rights to define the monetary system, to devalue the currency, and to operate a monetary policy; ‘external’ sovereignty includes the right to impose a system of exchange control. The principle of monetary sovereignty becomes a little more obscure when one considers the ability of a State to determine the extent to which foreign monetary laws are to be applicable within the borders of that State. The chapter then looks at the effect of monetary sovereignty on international legal disputes, monetary legislation as confiscation, fair and equitable treatment of aliens, and other challenges to monetary legislation.
The Protection of Foreign Currency Systems
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter addresses the obligation of the State to protect and defend the monetary systems of other States. A State’s duty to protect the monetary systems of other States may arise from treaties or even from an informal network of arrangements. As has been seen, certain aspects of an exchange control system are entitled to a degree of protection by other States by virtue of Article VIII of the Articles of Agreement of the International Monetary Fund, and other duties of protection may arise under bilateral treaties. However, apart from treaties, it would at present not be possible to maintain that customary international law imposes upon a State any general duty of affording protection to the monetary systems of other States. The chapter then looks at the prevention of counterfeiting and the duties of a belligerent occupant and the legitimate government.
The Institutional Framework of Monetary Union
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter reviews the institutional framework of monetary union. As noted previously, the working definition of a monetary union is heavily dependent upon the need for a single central bank which issues the sole currency constituting legal tender within the territory of the union. Moreover, the crisis that has gripped the eurozone in recent times has focused attention on the institutional structures put in place to support the single currency. It thus remains appropriate to review the institutional arrangements for the performance of the central banking functions, the issue of the currency within the eurozone, and various other matters. The chapter begins by looking at the institutional history. It then considers the establishment, structure, and functions of the European Central Bank (ECB) and the European System of Central Banks (ESCB).
Other Forms of Monetary Organization
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter explores other forms of monetary organization or arrangement which may have differing degrees of impact on the national monetary sovereignty of the States concerned. It begins by looking at international monetary institutions, the common organization of monetary systems, dollarization, exchange rate pegs, and currency boards. The chapter then considers monetary areas and monetary agreements. Monetary areas are characterized by the fact that restrictions on monetary transfers within the area are abolished, or much reduced. In other words, each of the States within the area maintains a system of exchange control, but applies this system less rigorously to countries which are fellow members of the monetary area. Meanwhile, monetary agreements are treaties or other arrangements which exclusively regulate monetary matters, but which do not seek to create a separate institution for that purpose. Such agreements either have an essentially political character or, otherwise, are of a highly technical nature. A third category of arrangements are of a purely ad hoc character.
Overviews of the Convention and Centre
Authors: Parra Antonio R 
Published: August 2024

Abstract
This introductory chapter provides an overview of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) and the organization established by the Convention, the International Centre for Settlement of Investment Disputes (ICSID). After uncertain beginnings, the Convention and Centre have proven to be remarkably successful. This outcome is largely due to the important place that the Convention and Centre have come to occupy in the settlement of disputes under modern treaties on the promotion and protection of investments. In common with many other treaties, the ICSID Convention contains provisions on its amendment and territorial scope, on withdrawal from participation in the treaty, as well as on disputes between the States parties over its interpretation or application. Meanwhile, the Convention establishes the Centre as a public international organization possessing ‘full international legal personality’. Its organs are the Administrative Council and the Secretariat. ICSID is one of four international organizations that the World Bank helped to set up to perform functions that could not be accommodated under the Bank’s own constituent treaty or institutional structure.
Beginnings and Growth of ICSID
Authors: Parra Antonio R 
Published: August 2024

Abstract
This chapter discusses the initiatives undertaken in the late 1950s and early 1960s that led to the creation of the ICSID Convention and ICSID. Rapid decolonization and the emergence of new States with great development needs characterized the late 1950s and early 1960s. Helping them to meet these needs became an important objective in the escalating Cold War conflict between East and West. However, the flow of foreign investment to developing countries was impeded by non-commercial risks. The chapter then looks at the precursor initiatives to solve this problem: the Abs–Shawcross Draft Convention and the Organisation for Economic Co-operation and Development (OECD) Draft Conventions. Proposed by World Bank President Eugene Black and World Bank General Counsel Aron Broches in 1961, the ICSID Convention was finally approved by the executive directors of the World Bank on 18 March 1965. By 14 September 1966, the Convention had been signed and ratified by 20 countries. In accordance with its Article 68(2), the Convention entered into force thirty days later, on 14 October 1966.
Looking Ahead: ICSID and ISDS Reform
Authors: Parra Antonio R 
Published: August 2024

Abstract
This concluding chapter addresses the reform of the ICSID and investor–State dispute settlement (ISDS), which refer to investor-State arbitration initiated pursuant to an investment treaty. For nearly twenty years, the United Nations Conference on Trade and Development (UNCTAD) has been advocating improvements of investment treaties so that they may better serve ‘inclusive growth and sustainable development’. Reforming ISDS to address its ‘legitimacy crisis’ has been a basic aim of this advocacy. As set forth in the 2015 edition of UNCTAD’s World Investment Report, the paths or options for countries to consider in reforming ISDS fall into three main groups: fixing existing ISDS mechanisms, adding new elements to those mechanisms, and completely replacing ISDS. The chapter also considers the reform efforts of the United Nations Commission on International Trade Law (UNCITRAL). It then turns to the advancement of reform at ICSID, by improvements put forward in the last fifteen years and ICSID’s current proposals for changes of its Regulations and Rules.
Introducing Good Faith in International Investment Law
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter discusses the relevance of the principle of good faith in international investment law, first by considering its modes of application. In particular, it shows how good faith is applied or disregarded by tribunals in treaties and agreements. It then explains the role of the principle of good faith in investment arbitration and how it operates in investment law, private international law and public international law. It also examines the relationship of good faith with several other doctrines such as equity, estoppel, abuse of rights and Clean Hands and describes two major applications of the principle of good faith: as a performance obligation and as an interpretative function. Finally, it provides an overview of the book’s methodology and organisation.
Good Faith and Treaty Shopping
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter examines the role of good faith in treaty shopping in investment arbitration, with particular emphasis on the issues of corporate structure, timing in tribunal decisions, and nationality. It first considers how investment tribunals address issues of good faith from the jurisdictional phase of an investment dispute before defining ‘nationality’ in international law and by investment tribunals. It then discusses the concept of treaty shopping in domestic legislation and in international law and goes on to review a number of cases that illustrate how tribunals have dealt with treaty shopping. It also looks at disputes arising from forum selection in good faith in the European Union and concludes with an analysis of whether applying a standard of good faith to allegations of treaty shopping allows tribunals to concretely assess the situation, and whether such application allows investors to adequately plan and anticipate the results of securing the desired jurisdiction.
Preconditions to Arbitration
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter focuses on requirements contained in international investment agreements for parties to use local remedies and to negotiate in good faith. It also examines a paradox in this regard: despite the express requirements to conduct these activities in good faith, tribunals rarely deny jurisdiction based on failure to comply. The chapter first considers the elements that must be met by claimants to create a dispute that is admissible before discussing the general rule regarding exhaustion of local remedies and its application in investment arbitration. It then explores the concept of negotiating in good faith under international law and national laws and explains the pre-submission consultations required between parties that want to bring a dispute to an ICSID tribunal. Finally, it analyses the importance of the language of a contract or a treaty in investment arbitration and the role of silence in good faith negotiation.
Open Source Investigation for Human Rights Reporting
Authors: Koettl Christoph , Murray Daragh , Dubberley Sam 
Published: August 2024

AbstractThis chapter discusses the history of using open source information in human rights reporting. It focuses on the period from the late 1990s to the present, the digital age, in which open source research capability has expanded enormously thanks to the advent of publicly available satellite imagery, digital social networks, camera-enabled smartphones, and globally cheap and fast network connectivity. If in the categorization of Philip Alston, the first generation of human rights fact-finding describes the work of intergovernmental bodies, and the second generation represents the methods developed by international non-governmental organizations such as Amnesty International and Human Rights Watch in the 1970s and 1980s, the chapter covers what Alston calls ‘third-generation fact-finding’, which was largely brought about by significant developments in information and communication technology.
Open Source Evidence and Human Rights Cases
Authors: Koenig Alexa 
Published: August 2024

AbstractThis chapter discusses the history of open source investigations for legal practice. It details an extraordinary shift in the use of social media and other open source information as evidence to address civil cases, especially human rights cases. Whether for criminal or civil cases, lawyers around the world are increasingly using online open sources to generate evidence of human rights abuses. While this practice is still relatively new, the use of online digital content as evidence is poised to explode. Given how much of contemporary communications now happens in digital space — and how important mining those communications can be for building evidentiary records related to atrocities — not knowing how to comb online platforms may (and probably should) soon be considered a form of malpractice.