bluuebunny/crossref_metadata_2025_split huggingface dataset:
Detention in Non-International Armed Conflict
Authors: Hill-Cawthorne Lawrence 
Published: August 2024

Abstract
This book explores the degree to which international law regulates the procedural aspects of security detention or ‘internment’ in non-international armed conflict. It is concerned with the rules governing the grounds on which individuals may be detained, the review procedures that must be provided to detainees, and when detainees must be released. Chapter one begins with an assessment of the distinction between international and non-international armed conflicts. The second and third chapters then consider the rules applicable to internment under international humanitarian law, looking at international and non-international armed conflicts, respectively. The next part of the book explores the role of international human rights law (IHRL), with chapter four discussing the rules applicable thereunder to detention. Chapter five considers the relationship between humanitarian law and human rights law, showing that, only where the common intentions of the states parties to human rights treaties establish a clear agreement as to their inapplicability or modification in non-international armed conflict, will the presumption of the parallel application of humanitarian law and human rights law be rebutted. Chapter six examines some complex questions regarding the practical application of those rules, including the right of states to derogate therefrom, the degree to which they can be ‘read down’ without derogation, their binding nature for non-state armed groups, and their extraterritorial application. The book concludes with a proposal for developing the law in this area; the proposals made are intended to build upon, rather than displace, existing obligations of states and non-state armed groups.
Defining Market Abuse
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter focuses on the issue of market abuse, covering the genesis of market abuse, defining ‘behaviour’, and the scope of UK market abuse regulation. The types of behaviour which can constitute market abuse include directly or indirectly: using information not publicly available that is likely to have a significant effect on prices of financial instruments (or related derivatives) to the advantage of oneself or to the advantage of others; transactions or orders which give or are likely to give false or misleading signals about supply, demand or price of financial instruments, or which move such prices to artificial levels, or which employ any form of deception or contrivance; and disseminating information giving or likely to give false or misleading signals as to financial instruments.
Enforcement Procedure
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter discusses the enforcement of Market Abuse Regulation. The Regulation was not intended to replace national provisions regarding regulatory authorities. However, it was intended to support the creation of a single competent authority for regulating market abuse within each Member State. That authority was required to be given a minimum list of powers in order to correctly implement and enforce the Regulation provisions. Both before and after the Regulation, the ‘Authority’ charged with enforcing market abuse regulation in the UK is the Financial Conduct Authority (FCA). The discussions cover FCA market abuse enforcement powers, basic FCA enforcement policy, the enforcement referral decision, post-referral investigation, informal disciplinary action, formal disciplinary action, the Regulatory Decisions Committee, settlement, private actions, and complaints to the Financial Conduct Authority.
Penalties and Sanctions
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter considers the penalty and sanctions regime as it applies to cases of market misconduct in the UK. This regime has a dual purpose. First, it serves the Financial Conduct Authority's ‘integrity objective’: that is, the ‘operational objective’ of protecting and enhancing the integrity of the UK financial system, which includes the UK financial system not being affected by insider dealing, unlawful disclosure of inside information, market manipulation and market abuse. Secondly, the regime gives effect to the Market Abuse Regulation (MAR), which identified in recital 70 that ‘[a] sound prudential and conduct of business framework for the financial sector should rest on strong supervisory, investigation and sanction regimes... supervisory authorities should be ... able to rely on equal, strong and deterrent sanction regimes against all financial misconduct, and sanctions should be enforced effectively’.
US Jurisdiction
Authors: Swan Edward J , Virgo John 
Published: August 2024

Abstract
This chapter provides an introduction to how US laws may apply to UK financial services activities by discussing aspects of four specific areas: antitrust, securities, commodity futures law, and the relatively recent Sarbanes–Oxley Act of 2002. US legislation and regulations give the US government and private litigants a broad range of remedies for financial market misconduct which may have occurred wholly outside the borders of the US. A US judgment of market misconduct can result in the imposition of a variety of civil and criminal fines, injunctions, restitutions, imprisonment, and/or heavy civil damages. Unlike the UK, the prevailing party does not usually get significant costs (such as attorneys' fees); most civil trials can be tried before a local jury, and ‘no win, no fee’ arrangements are common.
Gender perspectives in armed conflicts in 2014
Authors: Burke Megan , Vicentic Loren Persi 
Published: August 2024

Abstract
This chapter highlights gender-based crimes against females during moments of armed conflict in 2014, looking particularly at some that received less attention by the international community than the very heinous crimes of rape and sexual violence and looks at the international legal frameworks that can address them. It then considers the numerous ways in which women participated in armed conflict — as parties to armed conflict, as peace negotiators and as civil society activists — showing how armed conflict impacts women in their many different roles and considering the importance of their involvement and how it may impact outcomes, including issues of protection and justice. The chapter concludes that the ctions by the international community must support and take into account the outcomes of participation by women in local contexts and national arenas. It also concludes by looking into the numerous ways in which women participated in armed conflict as parties to armed conflict, as peace negotiators, and as civil society activists.
Protection of IDPs in armed conflict in 2014
Authors: Mattirolo Marina 
Published: August 2024

Abstract
This chapter looks in detail into the protection of internally displaced persons (IDPs), defined as people who are forced to leave their homes due to armed conflict but still remains inside their nation's borders. The first part of this chapter analyzes the legal provisions of existing international law regulating the phenomenon of internal displacement and their adequacy to address the specific needs of IDPs today. The chapter then turns the analysis to look at the Guiding Principles on Internal Displacement, the first non-binding universal instrument exclusively addressed to IDPs, the impact they have had in the assistance to and protection of IDPs worldwide and their implementation at the regional as well as domestic level. A further section looks at the operational response put in place by the international community to face the growing needs of IDPs and examine its strengths and weaknesses. Towards the end, the chapter briefly identifies what are the current new challenges related to the protection of IDPs.
National trials of international crimes in 2014
Authors: Siatitsa Ilia Maria 
Published: August 2024

Abstract
Over the past few years, there has been an increasing focus on initiating criminal proceedings against suspects of international crimes. This chapter is divided into two sections. First the chapter looks into the legal framework that applies in cases of suspects of international crimes found in the territory of a third state. Secondly, the chapter examines the different scenarios of what follows when a suspected criminal is denied refugee protection on the basis of 2014 developments. The host state needs to decide whether to extradite, prosecute, or deport the alleged perpetrator of international crimes. However, the state might not be able to do any of the above and so would be obligated to continue hosting the suspect.
The Interpretation of Monetary Obligations—Initial Uncertainty
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter assesses the interpretation of monetary obligation, which involves two key elements. These include the identification of the currency in which the obligation is expressed (usually referred to as the ‘money of account’) and the ascertainment of the amount required to be paid by reference to the currency so identified. In occasional cases, the identification of the currency in which an obligation is expressed will cause extreme difficulty. The chapter looks at the situation where uncertainty may arise from the fact that the parties have contracted in terms of a currency, the name of which is common to two or more currency systems, without stipulating the particular system to which they intended to refer. Such difficulties are inherent in the contract from the date at which it is made, and may thus be referred to as cases involving an ‘initial uncertainty’. The chapter then examines which system of law is to determine the money of account and to determine the amount of the obligation.
Exchange Control—The UK Model
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter examines the United Kingdom’s system of exchange control. In essence, the system prevented British residents, whether individuals or corporate entities, from holding foreign currencies. This helped the UK authorities to conserve the country’s gold and foreign reserves and to maintain its balance of payments position. By the same token, British residents were prohibited from providing sterling-denominated credit to persons resident elsewhere. Although the United Kingdom no longer imposes a system of exchange control, it should be noted that the Exchange Control Act 1947 still provides the basis for corresponding legislation that remains in force in some Commonwealth countries, including South Africa and Malaysia. The chapter then provides a detailed look at the 1947 Act, considering its legal effect, territorial scope, and effect on monetary obligations.
Historical Background to EMU
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter traces the history of the European Monetary Union (EMU). The Treaty establishing the European Economic Community was signed by the six original Member States on 25 March 1957. Under Article 2 of the Treaty, the objective of the Community was ‘to promote throughout the Community a harmonious development of economic activities, a continuous and balanced expansion, an increase in stability, an accelerated raising of the standard of living and closer relations between the States belonging to it’. This objective was to be achieved ‘by establishing a common market and progressively approximating the economic policies of Member States’. Against the background of the Treaty framework, it is apparent that monetary union is principally concerned with the free movement of capital and payments and the conduct of economic policy throughout the Member States. The chapter then looks at the Werner Report, the establishment of the European Monetary System (EMS), the Single European Act in 1986, the Council Directive 88/361, the Delors Report, and the Treaty on European Union.
Withdrawal from the Eurozone
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter addresses the process of a eurozone withdrawal. A withdrawal from the present monetary union arrangements within the eurozone would raise issues of a broader and deeper nature, partly because the monetary union was created by treaty between all EU Member States. As a result, a departure from the eurozone by one or more participating Member States would have consequences at two levels. First of all, it would have a clear impact on the position of the affected Member State under the EU Treaties. Secondly, it would create difficulties in the context of monetary obligations expressed in euros. The legal consequences which would flow from a withdrawal from the eurozone appear to depend in some measure upon the manner in which such withdrawal is achieved, i.e. whether it results from (a) amendments to the EU Treaties negotiated with other Member States, or (b) a unilateral decision by one or more participating Member States. The chapter differentiates between the two before considering the position of the withdrawing Member State, the European Union, and the European Central Bank.
Initiation and Conduct of Arbitration Proceedings
Authors: Parra Antonio R 
Published: August 2024

Abstract
This chapter details some of the main aspects of an arbitration proceeding under the ICSID Convention. The procedure to be followed for the institution of arbitration proceedings is outlined in Article 36 of the Convention and elaborated upon in the ICSID Institution Rules. Under the procedure, a party wishing to institute such a proceeding must address a written request for arbitration to the Secretary-General of ICSID. If a request is registered, the Secretary-General will invite the parties to proceed, as soon as possible, to constitute an arbitral tribunal. The tribunal will retain full authority to rule definitively on jurisdiction. Article 37(2)(a) of the Convention provides that such a tribunal will consist of one or any uneven number of arbitrators appointed as the parties may agree. If the parties do not agree on the number of arbitrators and the method of their appointment, the tribunal will, in accordance with Article 37(2)(b) of the Convention, consist of three arbitrators, one appointed by each party and the third, who will be the president of the tribunal, appointed by agreement of the parties. The chapter then explains the role of the ICSID Secretariat in administering proceedings; the written and oral procedures; the provisional measures and preliminary objections; and the procedure for drawing up the award.
Finality and Enforcement of Awards
Authors: Parra Antonio R 
Published: August 2024

Abstract
This chapter assesses the finality and enforcement of awards under the ICSID Convention. According to Article 53(1) of the Convention, such an award ‘shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention’. Four remedies are provided for in the Convention. The first is addition to or correction of the award. The three other remedies are interpretation, revision, and annulment. In the event of an application for interpretation, revision, or annulment, the tribunal or ad hoc committee may, ‘if it considers that the circumstances so require’, stay enforcement of the award pending its decision on the application. Subject to any stay of enforcement, the parties must, under Article 53(1) of the Convention, ‘abide by and comply with the terms of the award’. Article 54(1) of the Convention requires each Contracting State to recognize the award as binding and enforce the pecuniary obligations imposed by the award as if it were a final judgment of a court in that State. The chapter then looks at several national court proceedings in which successful claimants sought enforcement of the awards.
Good Faith in International Investment Arbitration
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This book offers a comprehensive study of the principle of good faith, a frequently invoked but rarely analysed aspect of investment arbitration. It considers the application of good faith by arbitral tribunals and parties in international investment disputes, encompassing both procedural and substantive aspects of good faith. Expertly negotiating a complex principle, the book diligently follows the arbitral process from jurisdiction through merits and to cost decisions, identifying the various applications of good faith in investment disputes. It examines the role of good faith in defining nationality and investor as well as pre-dispute admissibility requirements. It also delves into the ways the principle guides parties’ arguments and informs tribunals’ decisions regarding evidence, substantive protections, and costs. It further addresses the role of good faith in the behaviour of arbitrators and other actors involved in the investment arbitration process.
Defining Good Faith
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter provides an overview of the definitions and construction of the principle of good faith in both the domestic and international contexts. More specifically, it explores various uses of good faith across several legal systems and its application and place in the practice of international investment law. The chapter first traces the history of good faith as an influence in legal systems before discussing how diverse definitions, meanings, and nuances make it problematic for applying good faith in international investment law and in international law more broadly. It then explains the presence of good faith as a principle of public and private international law, its relevance in treaty interpretation, and its use in the United Nations and international treaties. Finally, it examines some distinct applications of the principle of good faith in domestic legal systems, such as common law and civil law.
Good Faith as a Defence on the Merits
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This chapter focuses on the use of the principle of good faith in defences on the merits of investment disputes. It first explains how the principle of good faith moderates the practice of international investment law before discussing its relationship with applicable defences in investment law. In particular, it examines the use of good faith to legitimise defences based on economic crises, human rights, and environmental concerns. It then considers the opening for state counterclaims and the defences to investment claims that are often derived from other areas of public international law. Examples of these defences are Clean Hands and estoppel. The chapter also analyses the application of abuse of right in international law as a means of a threshold for good faith and concludes with some reflections on the future relevance of good faith for states’ positions with respect to defences.
Conclusions on the Relevance of Good Faith to the Integrity of the Investment Arbitration Regime
Authors: Sipiorski Emily 
Published: August 2024

Abstract
This concluding chapter emphasises the relevance of good faith to the integrity of the investment arbitration regime. It first considers the investment tribunals’ purposes for applying the principle of good faith in arbitration — to fill perceived gaps in treaty language, to protect host state values, to recognise the relationship between public international law in investment arbitration, and to legitimise investment decisions. It then examines the positive impact of good faith on international investment arbitration and how the principle establishes connections between private and public international law, between domestic laws and international law, and between the developed and developing narrative that emerges in the realm of international investment law. Finally, it explains why good faith is necessary in the dialogue of international law.
Open Source Investigations and the Technology-driven Knowledge Controversy in Human Rights Fact-finding
Authors: McPherson Ella , Guenette Thornton Isabel , Mahmoudi Matt 
Published: August 2024

AbstractHuman rights fact-finding, like almost all professions that turn on truth-claims, is in the midst of a technology-driven ‘knowledge controversy’ that is at once unsettling and productive. The rise of new technologies in human rights fact-finding has allowed for the participation of new actors in the form of civilian witnesses and analysts and necessitated the participation of others in the form of technologists and machine processes. These new actors bring with them not only new data and new methods, but also new norms about what human rights knowledge should be. The clash of these new elements with established practices produces a knowledge controversy with implications for the power to shape human rights methodology. Methodology rules in and rules out particular types of human rights information with respect to evidence. It thus rules in and rules out particular types of corresponding subjects and witnesses of violations. Ultimately, we are concerned with the impact of these power relations on pluralism, or the variety and volume of voices that can speak and be heard, both in terms of shaping the practices of human rights fact-finding, and in terms of access to human rights mechanisms that help subjects and witnesses speak truth to power.
How to Conduct Discovery Using Open Source Methods
Authors: Myers Paul 
Published: August 2024

AbstractThe challenges faced by human rights researchers when using the web are faced by every professional chasing information on the Internet: finding reliable, useful information on the subject of interest. This chapter explores the techniques that are most useful for researchers working in the human rights arena. If first looks at the basics of information research and how search engines can be manipulated to find the evidence needed. It shows how historical satellite and image evidence can be used to obtain a view of the world from the recent past — essential for seeing when, for example, a storefront changed hands or a building was demolished. Next, it discusses ‘people research’, which involves finding information about an individual person. The chapter also shows how to search for social media posts by location and use images in investigations, and how specialist databases and tools can provide useful contact information and evidence.
How to Preserve Open Source Information Effectively
Authors: Ng Yvonne 
Published: August 2024

AbstractAudio-visual and other documentary evidence have long played an important role in human rights research and legal accountability. Until recently, the importance of properly preserving audio-visual and documentary information beyond its initial collection and registration has been mostly overlooked outside of the archives and preservation community. However, in an online and digital world, attention to preservation has become critical. This chapter outlines the basic principles, components, and processes of digital preservation, aimed at human rights practitioners who collect and plan to retain digital information over time. It begins by highlighting the particular vulnerabilities of online open source information and explains the meaning of ‘preservation’ in that context. It then delves into each of the functional areas involved in the process of digital preservation, drawing from standards established in the archives and preservation field and illustrated with real-life examples.