bluuebunny/crossref_metadata_2025_split huggingface dataset:
Sanctions and Monetary Obligations
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter focuses on economic sanctions. In general terms, sanctions will usually involve a ‘freeze’ over the assets of the target State, to the extent that such assets are held within the State or States which impose the sanctions concerned. In a monetary context, this will mean that debtors resident in the imposing State will be barred from making payments which are otherwise due to the target State or to companies or individuals resident within it. Thus, so long as the sanctions regime remains in place, a bank branch situated within the imposing State will be unable to repay deposits or operate accounts for the benefit of the target State or any of its residents. The chapter then considers the consistency of a sanctions regime with international law; the effect of sanctions adopted by supranational organizations; the effect of sanctions imposed by the European Union; the effect of sanctions unilaterally imposed by the United Kingdom; and the status of foreign sanctions before the English courts.
Exchange Rates
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter assesses exchange rates. Monetary systems may be related to each other by two means of measurement, the (nominal) par of exchange and the (real) rate of exchange. The par of exchange is the equation between two money units, each based on a fixed (usually metallic) standard. Where both currencies were based on the gold standard, each currency would have a value in terms of gold, by reference to a fixed quantity or weight of gold. From the common element of these two equations (namely the relevant quantity of gold), it was possible to derive a third, which provided a par (or fixed) value between the two currencies concerned. The par of exchange sometimes represented an equality fixed by law. The chapter then looks at four distinct problems which are likely to arise whenever it is necessary to employ a rate of exchange for the purpose of converting a sum of money from one currency into another. It also considers the process of identifying the rate of exchange.
The Protection of Foreign Monetary Institutions
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter describes the protection of foreign monetary institutions, which enjoy a particular role within a national economic system that may affect the attitude of foreign courts in their approach to cases involving such monetary institutions. Every modern State has some form of monetary institution which is responsible for the issue of its currency. They will frequently include the term ‘central bank’ or ‘monetary authority’ in their corporate titles, and their essential functions will be broadly similar. In some jurisdictions the central bank is responsible for the prudential supervision of the banking sector, while in other countries a separate agency is established for this purpose. The chapter considers the procedural immunities of such institutions, the procedural immunities of central banks established by treaty, and the position of exchange control authorities.
International Rules of Monetary Conduct
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter explores the impact of public international law in relation to the monetary conduct of States. ‘Monetary conduct’ in this context refers to the manner in which a State may seek to exercise its monetary sovereignty, for example, by seeking to fix the exchange rate of its own currency by reference to the unit of account of another State or by imposing exchange controls. In general terms, rules of monetary conduct which arise from treaties in principle apply only as between the States which are parties thereto. It would therefore generally be wrong to assume that any such treaties express universally binding duties. The chapter then looks at the enforcement of treaty rules, the stability of exchange rates, floating exchange rates, monetary pegs, and dollarization. It also considers the manipulation of exchange rates, discriminatory currency arrangements and multiple currency practices, convertibility for current international transactions, and bilateral agreements.
The Monetary Law of Interstate Obligations
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter studies the monetary law of interstate obligations. Monetary obligations arising under public international law will normally involve obligations arising between international persons. Although the respective contexts may be very different, the types of difficulty with which the lawyer will be concerned are likely to be similar to those which arise under a domestic contract—for example, what is the money of account; what is the money of payment; what interest rate is to apply; may late payment result in liability for interest, damages, or other remedies? International practice in this field has developed over a long period of time and it is difficult to discern any uniformity or consistency of approach; it is thus difficult to formulate with confidence any applicable rules of customary international law. Moreover, the international legal order lacks any currency of its own, with the necessary result that questions touching both the measure and the means of performance of international obligations require recourse to national currencies. The resulting interplay of international and municipal law creates problems which involve peculiar difficulties.
The Nature and History of Monetary Unions
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter illustrates the nature and history of monetary unions. A monetary union involves a transfer (or ‘pooling’) of monetary sovereignty by the participating countries. The question that each government must therefore consider is: do the benefits of participating in the union justify the concomitant loss or dilution of monetary sovereignty? Considerations of this nature have in turn led to the theory of the ‘optimum currency area’. This refers to an area within which it would be feasible to share a common currency. The chapter then looks at some now defunct monetary unions and two such other unions which continue to operate—namely, the monetary unions established in Africa and in the Eastern Caribbean. It also considers future monetary unions.
EMU and the Treaty on European Union
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter focuses on the European Monetary Union (EMU) and the Treaty on European Union. The introduction of a single currency necessarily required a degree of economic convergence among the participating Member States; such convergence could only be achieved over a period of time. As a result, the Delors Report recommended a three-stage approach to EMU, and this recommendation was adopted when the Treaty on European Union was signed. It is instructive to note that the Treaty thus provided an accelerating momentum towards the ultimate goal of a single currency. The chapter then looks at the selection process for participation within the eurozone, which was governed and determined by tests of an essentially economic character. These tests became generally known as the ‘Maastricht Criteria’. The chapter also considers the accession Member States, as well as the regulation of economic and fiscal policies.
The Single Currency and its Treaty Framework
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter discusses the provisions established for the creation of the euro pursuant to the terms of the Treaties. It was noted previously that any change in the nature or denomination of a national monetary system involves the establishment of a legal basis for the conversion of debts expressed in the former currency into its replacement. This position necessarily followed from the role which the State and its legislative processes must play in the definition of a monetary system. The creation of monetary union reflected and respected these requirements. Although the original use of the European Currency Unit (ECU) as the foundation of the single currency does cloud this point in some respects, it should not be allowed to obscure it. The chapter then considers the so-called ‘Madrid Scenario’, which followed the original ratification of the Treaty on European Union. Ultimately, the Madrid Scenario was designed to create a sound basis to enable the Union, Member States, financial institutions, and many others to make appropriate preparations for the introduction of the single currency.
The Euro Regulations
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter examines the legal framework for the introduction of the single currency. Two separate Council Regulations were made in order to provide the initial framework for the use of the euro. The first Regulation, Council Regulation 1103/97, was made under Article 308 (formerly Article 235) of the EC Treaty and came into effect in June of 1997. In broad terms, the Regulation is directed to three main issues upon which early clarification had been sought, namely (a) the consequences of monetary union for the European Currency Unit (ECU); (b) the continuity of transitional contracts which ‘spanned’ the introduction of the euro; and (c) the calculation and rounding of applicable conversion rates. While Council Regulation (EC) 1103/97 applies to all Member States, even if they currently remain outside the eurozone, Council Regulation (EC) 974/98 applies only within the participating, eurozone Member States. A number of its provisions must be regarded as the lex monetae of the eurozone Member States. The chapter then looks at Council Regulation 2866/98 and the promotion of the single currency.
Monetary Union and Monetary Obligations
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter evaluates the effect of monetary union on monetary obligations. Monetary union in Europe involved the effective disappearance of eleven national currencies with effect from 1 January 1999. The physical indicia of those currencies remained in circulation until the early part of 2002, but during this transitional period, they were ‘subdivisions’ or ‘representations’ of the euro. The chapter then considers whether the substitution of so many convertible and internationally traded currencies could have had the effect of frustrating or otherwise terminating contracts which were expressed in the legacy currencies, and which had been entered into before the creation of the single currency had been contemplated or agreed. It looks at the termination of contracts before the English courts, the termination of contracts before foreign courts, the impact of the euro on fixed and variable interest rates, and the position of obligations expressed in the private European Currency Unit (ECU).
The Euro and Monetary Sovereignty
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter assesses the effect of the euro on monetary sovereignty. The process of monetary union has, without question, resulted in the transfer of national monetary sovereignty from Member States to entities subsisting within the framework of the Treaties. Indeed, for a number of years, the perceived desire to preserve sovereignty in this area lay at the heart of the continuing political debate about the United Kingdom’s (non-)membership of the eurozone. The chapter then looks at the transfer of monetary sovereignty by the eurozone Member States, as well as the exercise of monetary sovereignty within the eurozone. It also considers the relationship between monetary sovereignty, the European Central Bank (ECB), and the Union. Finally, the chapter discusses the position of the United Kingdom and its own monetary sovereignty, before examining the relationship of monetary sovereignty with the federal State and exchange controls.
ICSID: An Introduction to the Convention and Centre
Authors: Parra Antonio R 
Published: August 2024

Abstract
Based on the author’s authoritative Hague Lectures on ICSID, this comprehensive commentary on ICSID and the ICSID Convention arbitration provides a detailed introduction to the world’s leading institution devoted to international investment dispute settlement. Fully up to date as of September 2019, the book presents a full and accessible picture of an increasingly important dispute settlement mechanism. It delves into the origins and evolutions of the Convention and the Centre and its jurisdiction, then navigates the reader through the process of arbitration proceedings under the Convention, applicable law, and the enforcement of Convention awards. The book is an authoritative, essential guide for students, practitioners, policy-makers, investors, NGO activists, and journalists with an interest in investor–State dispute settlement.
Jurisdiction of the Centre
Authors: Parra Antonio R 
Published: August 2024

Abstract
This chapter examines the jurisdiction of the International Centre for Settlement of Investment Disputes (ICSID). The Report on the ICSID Convention of the Executive Directors of the World Bank explains that ‘the term “jurisdiction of the Centre” is used in the Convention as a convenient expression to mean the limits within which the provisions of the Convention will apply and the facilities of the Centre will be available for conciliation and arbitration proceedings’. The jurisdiction of the Centre in this sense is delineated in Article 25(1) of the Convention. The provision first deals with the nature of the dispute: It must be a ‘legal dispute arising directly out of an investment’. The dispute must be between a Contracting State, or a designated subdivision or agency of the State, on the one hand and a national of another Contracting State on the other hand. Lastly, for a dispute to be within the jurisdiction of the Centre, the parties must have ‘consent[ed] in writing to submit [it] to the Centre’.
Applicable Law
Authors: Parra Antonio R 
Published: August 2024

Abstract
This chapter focuses on the determination of the law applicable to the substance of disputes submitted to arbitration under the ICSID Convention. The provisions of the Convention on the topic are in Article 42. In requiring the tribunal to decide the dispute ‘in accordance with such rules as may be agreed by the parties’, the provision upholds their freedom to select the applicable law. The parties may select, as applicable to the substance of their dispute, a national law or international law. Article 42(3) of the Convention makes it clear that parties are not limited to having their dispute decided in accordance with ‘rules of law’, but may also exercise their autonomy to authorize the arbitrators ‘to decide [the] dispute ex aequo et bono’. A tribunal that has been empowered to decide ex aequo et bono is permitted to decide without reference to rules of law, but not necessarily prevented from applying such rules. The chapter then considers the experience in the cases with the framework provided by these provisions. Among the investment treaty cases that have come to dominate the caseload, the treaties themselves have been the main sources of substantive rules for the tribunals. Ultimately, in applying these rules in the cases, the tribunals have contributed to the development of international law on foreign investments.
Securing and Maintaining the Investment
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter examines how the definition of ‘investment’ is informed by references to good faith by analysing ‘investment’ at the various stages of the process of securing and maintaining an investment. It first reviews a number of cases that support the idea that in order to benefit from a bilateral investment treaty, the investment must have been secured as well as maintained in good faith. In particular, it looks at bilateral investment treaties that either offer liberal protection to investors or restrict that protection. It also considers cases of corruption relating to the issue of securing the investment and goes on to show that investment tribunals may view the issue of maintaining the investment as an issue of merits, whereas securing the investment is a preliminary, jurisdictional matter. The chapter concludes with a discussion of the advantages and disadvantages of incorporating good faith into the requirement of investment.
Parallel Proceedings
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter examines how the use of multiple forums for the resolution of the same dispute can undermine the principle of good faith in investment arbitration. It first considers the relationship between national courts and arbitral tribunals in investment arbitration before explaining the process of parallel proceedings. In particular, it highlights problems with parallel proceedings in investment arbitration, reasons for initiating parallel proceedings, and how the use of competing forums is regulated in public and private international law. The chapter then reviews cases that illustrate three scenarios of parallel proceedings in investment decisions in which the principle of good faith is only implied: separate contract or concession agreement, concurrent arbitral proceedings, and parallel court proceedings. It also discusses the question of whether intra-EU disputes should be decided in European courts or investment tribunals and concludes with an analysis of the ultimate relevance of good faith to the issue of parallel proceedings.
Good-Faith Standards for Evidence
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter examines how investment tribunals apply the principle of good faith to justify their discretion in taking evidentiary decisions. It first considers the discretion given to arbitrators to determine aspects of evidence, including its relationship to the general idea of a fair trial, before discussing the domestic rules on taking and submitting evidence in international investment arbitration as well as the international rules and requirements for evidence applied by arbitral tribunals. Three relevant cases that tackle the question of what is the threshold requirement for collection and submission of evidence in good faith are then reviewed: Methanex v United States, EDF v Romania, and Renee Rose Levy and Gremcitel v Peru. The chapter goes on to analyse the good faith requirements for experts and witnesses and concludes by explaining the gap-filling role played by the principle of good faith to uphold and expand due process in investment arbitration.
Expropriation and its Relationship With Good Faith
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter examines the use of good faith to determine whether an expropriation is legal or illegal. It first traces the origins of protection against expropriation that guarantees investments as stipulated in international investment agreements before discussing a state’s sovereign right with respect to expropriation. It then explains the language of some expropriation provisions that either directly or indirectly reference the principle of good faith, along with the emphasis on due process in assessing the legality of an expropriation. It also considers the requirements to negotiate compensation in good faith and reviews a number of cases where the tribunal interacted with the principle of good faith in taking the decision on expropriation. The chapter goes on to describe exceptions to expropriation and concludes with an analysis of the benefits of the interplay between expropriation and good faith.
Fair and Equitable Treatment and Good Faith
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter explores the relationship between the principle of good faith and the standard of fair and equitable treatment (FET). It begins with a general overview of the FET standard and the importance of its link to good faith in investment arbitration decisions. It then explains the role of FET in investment protection and the value of the standard’s ambiguous language in light of its relationship with good faith. It also considers the development of FET in international investment agreements, the tribunals’ perceptions on the usefulness of applying a good faith standard in the context of FET, and how the application of good faith in FET analysis helps connect international investment law with the broader structure of public international law.
Actions By and to the Actors
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter examines the good faith requirements for the actors involved in the international arbitration process — namely, arbitrators, counsel, and witnesses — and the rules for regulating their behaviour to ensure procedural integrity and fairness. It first considers the rules for regulating the behaviour of those who interfere with court proceedings through intimidation of witnesses, counsels, and judges or arbitrators before discussing the legal instruments for ensuring arbitrators’ good faith behaviour. It then explains the regulation of counsel behaviour in good faith, especially with respect to preventing conflict of interest. It also explores the domestic and international laws, along with investment arbitration rules, for the protection of witnesses, specifically against intimidation and tampering. The chapter goes on to review investment arbitration cases that consistently relied on ideas of procedural fairness and good faith as a means of protecting the witnesses. It concludes with an analysis of third parties’ good faith obligations.
Good (Bad)-Faith Conduct and its Implications in the Allocation of Costs in International Investment Arbitration
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter examines how good (bad) faith behaviour affects cost allocation decisions in international investment arbitration. It first describes the inconsistency in the calculation of costs and legal fees in international investment law before discussing the three methods of cost allocation that are applied in investment arbitration: the 50:50 Rule or sharing of costs; the English Rule, based on the idea that ‘costs follow the event’; and allocation of the costs on a sliding scale based on the court’s consideration of the claims. The chapter also analyses the public and private international law doctrine on cost and fee calculation; the rules used to calculate costs in investment arbitration; the methods used by tribunals in cost calculation; and the tribunal’s application of the principle of good faith to justify power granted under the respective arbitral rules, as well as determine the cost award as a means of sanctioning bad faith behaviour.
Introduction
Authors: Dubberley Sam , Koenig Alexa , Murray Daragh 
Published: August 2024

AbstractThis introductory chapter begins with a brief discussion of the rise of open source information. Finding and using open source information available online and piecing together corroborating information to challenge official narratives are crucial to human rights work today. With more photographs and videos taken every day, with high-speed internet connections crossing the globe, with social media networks increasingly available at low cost, people are sharing their experiences online at a rate never before seen. The chapter then presents definitions of the terminology for open source investigations drawn from the draft International Protocol on Open Source Investigation. These include definitions of terms such as open source information, online open source information, open source investigation, open source intelligence, open source evidence, authentication, verification. An overview of the subsequent chapters is also presented.