bluuebunny/crossref_metadata_2025_split huggingface dataset:
Refugees and asylum seekers from conflict-affected States
Authors: Hausler Kristin 
Published: August 2024

Abstract
This chapter examines issues relating to refugees and asylum seekers from states that are going through a period of conflict. By the end of 2013, according to the United Nations High Commissioner for Refugees (UNHCR), the intergovernmental agency providing protection to displaced persons stated that the number of asylum-seekers, refugees, and internally displaced peoples (IDPs) totalled over 51 million individuals. This has been the highest number of forcibly displaced persons recorded since the Second World War. The chapter looks at the areas of conflict around the world that have caused the forced displacement of individuals. It considers the characteristics of the displacement of individuals as a result of wars. Finally, the chapter demonstrates that the legal provisions applicable to those who have fled an armed conflict across a border are fragmented and unclear. The key treaty concerned with refugees requires a well-founded fear of persecution and thus may not apply to individuals fleeing a conflict because of the general situation of violence and instability generated by it.
The legality of detention in armed conflict
Authors: Conte Alex 
Published: August 2024

Abstract
The detention of persons in armed conflict requires careful consideration of technical legal issues and practical considerations. It calls for clear distinctions to be made between international versus non-international armed conflicts, as well as between combatants and civilians; and it involves a complex relationship between the application of international humanitarian law (IHL) and international human rights law. The aim of this chapter is to examine the grounds upon which persons may be detained in an armed conflict and the requirements for supervision of the lawfulness of detention in armed conflict. The chapter is restricted to the consideration of detention by states in armed conflict. The final part of the chapter looks at the question of the supervision of the lawfulness of detention.
Engaging with drug lords
Authors: Redaelli Chiara 
Published: August 2024

Abstract
This chapter analyses the specific challenges of dealing with criminal organizations from an international humanitarian law (IHL) and human rights perspective. First, it discusses how the criteria to determine the existence of a non-international armed conflict (NIAC) apply to organized crime. In broad terms, criminal groups are not considered party to a conflict, despite the fact that they might engage in acts of violence against the government. However, situations such as the one in Colombia, and arguably the violence in Mexico, would suggest that criminal groups operating in these countries could be considered party to a NIAC. Second, the chapter focuses on the specific challenges of dealing with organized crime. Heinous crimes against civilians demonstrate that criminal groups are unlikely to respect domestic and international law. The responses adopted so far at national and international level have proved utterly unfit to face the challenges posed by criminal organizations. The final part of the chapter thus suggests strategies to engage with criminal groups in order to improve the protection of civilians.
Protecting the right to protest in armed conflict
Authors: Trascasas Milena Costas 
Published: August 2024

Abstract
In recent years the direct connection between the right to protest and armed conflict has come to the fore. The aim of this chapter is to determine the scope of the state's obligations when protests take place in a context of armed conflict or occupation. Such situations may certainly pose a number of challenges to national authorities, not only regarding the circumstances under which the holding of protests might be restricted or banned due to security or public order reasons but also in the determination of the applicable rules governing the use of force in the dispersal of non-authorised or otherwise unlawful protests, as for example, where protesters undertake violent or armed actions against security forces. The chapter concludes by stating that the right to protest continues to serve to a critical democratic role, even in exceptional situations such as armed conflicts or occupation. However, in many countries, protests are systematically banned or otherwise heavy-handedly repressed.
Youth as main victims and perpetrators of violence
Authors: Girard Sylvie 
Published: August 2024

Abstract
This chapter starts by asking: why discuss youth and violence in a book dedicated to the study of war? Young people are not only at the core of urban violence. They are also linked to organized armed violence and armed conflict, including civil conflict. Youth, as members of gangs and main victims and perpetrators of violence are therefore a core component of the dynamics of urban violence. They are also at the center of movements seeking the radical transformation of societies, often as positive agents of social and political change. Yet they can also be caught up in ideological movements that prone extreme forms of violence. This chapter focuses on what humanitarian and development organizations can do, as well as local and international Non-Governmental Organizations (NGOs), along with grassroots associations and civil society, to design projects with and for young people at risk of joining gangs or violent extremist organizations.
Extraordinary rendition and the European Court of Human Rights
Authors: Suteu Silvia 
Published: August 2024

Abstract
The chapter starts by defining extraordinary rendition and the elements which distinguish it from other types of transfer of detainees under international law. Second, it delves into Strasbourg case law on this matter, with special attention provided to the El Masri and Al Nashiri cases. A position of exceptionality of Strasbourg emerges from these comparisons: as a bold institutional actor asserting the need to protect human rights and the rule of law despite governments' appeals to state secrets and national security exceptions. Third, the chapter tempers this praise by outlining four areas which remain problematic in the European Court's extraordinary rendition jurisprudence: the attribution of responsibility for the transfers of detainees; the right to the truth; rendition as a case of enforced disappearance; and the reliance on diplomatic assurances when analysing the non-refoulement principle. The chapter concludes by cautioning against exaggerated optimism regarding extraordinary rendition cases in Strasbourg and by looking to the future at cases still pending before the European Court of Human Rights (ECtHR) and other international developments likely to impact its jurisprudence in this area.
Tackling impunity for sexual violence
Authors: Priddy Alice 
Published: August 2024

Abstract
Despite international attention to sexual violence in armed conflict being at an all-time high, sexual violence continues to be a prominent and persistent feature of all of today’s armed conflicts. It is known that sexual violence continues to be perpetrated on a large scale in todays armed conflicts, it is also known that the devastating consequences of this for the survivor, their community and for long term peace and security. The legal framework to deal with this exists and there seems to be a political will to address the issue in some states at a national level as well as at the international level, so, the chapter asks, why does implementation of law and policy remain an elusive goal and impunity remain the norm? And are there other options for securing prosecutions? This chapter firstly outlines the sex and gender aspects of sexual violence, as well as the international legal framework prohibiting sexual violence before turning to these questions and looking at possible alternative criminal justice mechanisms that might be worth consideration.
A review of the work of the International Criminal Court in 2014
Authors: Scalia Damien 
Published: August 2024

Abstract
This chapter presents and analyses the main substantive contributions to international criminal law made by the International Criminal Court (‘the ICC’) in 2014. During the last year, there have been many developments related to the preliminary examinations made by the Prosecutor. In addition, the ICC issued one condemnation judgment (in the Katanga Case), one appeal judgment (in the Lubanga Case), some decisions concerning the confirmation of charges and many decisions related to admissibility, jurisdiction and procedural issues. After initially presenting the developments related to the preliminary examinations made by the Prosecutor and the main decisions concerning admissibility and the jurisdiction of the Court, the chapter outlines some of the issues regarding the Katanga and Lubanga judgments and, in relation to them, the pronounced penalties.
Transitional justice mechanisms
Authors: Cadelo Valentina 
Published: August 2024

Abstract
This chapter seeks to examine the value of adopting a holistic approach in the wake of armed conflict. Given that much attention is already devoted to prosecution mechanisms, this chapter looks at how other components of transitional justice — truth seeking, reparation, and institutional reform — or a combination thereof may contribute to the promotion of accountability and, at the same time, offer responses to the justice and reconciliation needs of the victims and communities affected by armed conflict. The chapter is divided in three parts. The first section opens with an overview of the contribution and limits of prosecution in the wake of armed conflict. The second section looks at the other three transitional justice pillars, namely truth seeking, reparation, and institutional reform. In so doing, attention is given in particular to the various mechanisms and measures through which these principles are implemented. The final section concludes with an overview of transitional justice practice in 2014.
Syndicated Lending
Authors: Zakrzewski Rafal , Fuller Geoffrey 
Published: August 2024

Abstract
This chapter examines legal issues arising in respect of syndicated lending. It first explains the obligations of lenders to each other, especially as to pari passu sharing of recoveries and voting under the loan facility. Whether syndicated lending may be treated as a collective investment scheme is also considered. The arranger’s mandate to assemble the syndicate and bring the transaction to signing is then discussed. The bulk of the chapter then focuses on areas of legal risk for the arranger. Possible claims in contract, tort and breach of fiduciary duty are examined in detail in the light of relevant case law. The chapter then considers in detail the nature and effect of mechanisms that are used to protect arrangers from such risks. In its final part, the chapter analyses the appointment, role, duties, and powers of the facility agent, along with sources of legal risk for that agent, the protections that are usually employed and how they have fared in the courts.
Loan Transfers
Authors: Zakrzewski Rafal , Fuller Geoffrey 
Published: August 2024

Abstract
This chapter deals with loan transfers, beginning with an overview of the reasons for a loan transfer, benefits to the transferee, and effectiveness of the transfer. It then discusses two important preliminary issues that need to be taken into consideration before the transaction can commence, namely: matters concerned with conflict of laws issues, and matters relating to a banker’s duty of confidence concerning its customer’s affairs. It also describes the methods that are available under English law for a debt to be transferred and the consequences of those methods. The declaration of trust as a means in equity to alienate a right under a contract, such as a debt or other chose in action, is analysed as well. Finally, the chapter explores novation and sub-participation arrangements, along with issues in relation to assignments that are of relevance to declarations of trust (eg, rights v obligations, debtor’s rights of set-off, priorities).
The Organization of the Monetary System
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter examines the organization of the monetary system, the role of domestic currencies, and the nature of the legislation required to create a monetary system. Chiefly in the course of the nineteenth century, almost all States enacted legislation with a view to organizing their respective currencies. This led to the creation of national monetary systems as they are familiar to the modern world. At an institutional level, the monetary system usually comprises a central bank or similar monetary authority which enjoys the exclusive privilege of issuing national banknotes. That institution will usually also be responsible for the creation and holding of monetary reserves, including foreign currencies and—to a diminishing extent—gold. The chapter then looks at the role of sterling within the international and domestic legal orders, convertible and inconvertible currencies, the relevance of the unit of account and legal tender legislation, the issue of the currency in the United Kingdom, and the process of revaluation and devaluation.
The Character of Monetary Obligations
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter evaluates the character of monetary obligations. Monetary obligations primarily exist where the debtor is bound to pay a fixed, certain specific, or liquidated sum of money. This definition presupposes that money is to be paid in the sense of a medium of exchange or in a similar monetary context, for example, where a bank advances a loan to its customer. So far as English law is concerned, a monetary obligation cannot become impossible to perform—whether expressed in sterling or a foreign currency. Circumstances peculiar to the debtor, such as his poverty, is ongoing attempts to negotiate an overall restructuring of his indebtedness, his inability to raise the anticipated financing for the transaction, or the inability to access the intended source of funds will not relieve the debtor of his monetary obligation. Likewise, the depreciation of the market value of the money of account as against other currencies will only in extreme circumstances result in the application of the doctrine of frustration under English law.
Monetary Obligations and the Conflict of Laws
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter reflects on the system of law which will govern the solution to the various problems and difficulties which may arise in the area of monetary obligations. It focuses on monetary obligations arising under the terms of a contract, which may involve either a liquidated claim or an unliquidated claim. The chapter then considers the law applicable to the contract, the law of the place of performance, the law of the countries in which the parties are established; the law of the State in which legal proceedings arise with respect to that monetary obligation, and the law of third countries with which the monetary obligation may have some connection. Every State is entitled to establish its own system of private international law for the purpose of resolving conflict questions. Yet there is a considerable degree of uniformity amongst the systems which have emerged. The Member States of the European Union adopted a uniform code on the conflict rules applicable in a contractual context, and that code in turn reflects principles which had been developed in England and in civil law countries. For convenience, it is proposed to work by reference to Rome I, but it should not be thought that these general principles are confined to a European context.
The Interpretation of Monetary Obligations—Subsequent Uncertainty
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter addresses situations where the money of account, though originally clearly defined, may become uncertain during the life of the legal relationship. This may occur in three categories of cases, namely: (a) where a system of law having some impact on the obligation or the parties to it purports to alter the money of account, (b) where a new monetary system emerges as a result of changes in territorial sovereignty, but the old monetary system continues to exist, and (c) where a monetary system becomes extinct. In cases involving changes in territorial sovereignty, the problem may have to be considered in a purely domestic context, where the obligation at issue was contracted by persons within the territory concerned and falls for consideration by a local court. Alternatively, the money of account may have been used in a cross-border contract and the subject may fall for consideration by a foreign court. In cases involving the extinction of a monetary system, it is necessary to examine two distinct types of situations. These include situations where a single monetary system is substituted for the outgoing currency, and those in which the extinct currency is replaced by two or more monetary systems.
The Performance of Monetary Obligations
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter explores the concept of payment and the performance of monetary obligations. It is more directly concerned with Article 12(1)(b), read together with Article 12(2), of Rome I. The concept of payment is, of course, a fundamental aspect of the law of money. Payment in the legal sense must connote any act offered and accepted in performance of a monetary obligation without changing the essential nature of the original obligation. A debt expressed in sterling or a foreign currency can generally be discharged by payment of the requisite amount in legal tender or, subject to the express or implied consent of the creditor, other ‘cash equivalent’ for the currency concerned. However, there may also be cases in which an obligation is expressed in one currency but is to be performed in another. The chapter then considers the money of payment, before looking at payment in the context of private international law and the performance of monetary obligations abroad.
Monetary Obligations, Liquidated Sums, and the Principle of Nominalism
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter illustrates the principle of nominalism. It is implicit in the principle of nominalism that an obligation expressed in money is intended to have a uniform and unvarying value, which is not affected by supervening events which are extraneous to the monetary system itself. The main practical consequence of the application of the nominalistic principle may be briefly stated—the creditor of the sum in question bears the risk that the purchasing power of the contractual currency will have fallen by the time the date of payment arrives, while the debtor bears the converse risk. The chapter then traces the historical development of nominalism. It also considers the effects of the principle of nominalism in relation to: debts governed by English law, debts governed by foreign laws, claims for interest and damages generally, domestic monetary depreciation and a claim for damages following a default in payment, foreign monetary depreciation, the discharge and termination of contracts, the collapse of a currency, and the remedy of specific performance.
Excluding the Effects of Nominalism
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter highlights the types of contractual provisions which have at various times been developed to counteract the principle of nominalism. The purpose of any protective clause is invariably to protect the creditor against a reduction in the value of the currency to which the clause is attached. In domestic contracts, protection is usually required against the consequences of (internal) inflation; in international contracts, the creditor is generally seeking protection against adverse exchange rate movements. Where the protected currency is formally depreciated or is allowed to ‘float’ downwards, the protective clause is likely to come into operation. Where another currency is revalued or appreciates, the protected currency remains stable in terms of all other currencies, save the one in relation to which its value is necessarily reduced or depreciated. Whether a protective clause applies in such a case will naturally be a question of construction. The chapter then looks at gold value clauses, unit of account clauses, index clauses, and escalation clauses.
Nominalism, Legislation, and Public Policy
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter presents the possible areas of objection to clauses which seek to avoid the application of the principle of nominalism. It appears to be accepted that the nominalistic principle as such does not of itself invalidate gold, index, or similar protective clauses. Although the point is not directly discussed in any English decision, it is nevertheless plain that English law treats such clauses as valid. The same position would appear to apply in other countries, even where nominalism has been placed on a statutory basis. It follows from this analysis that the nominalistic principle does not have the quality of mandatory law which can override the expressed intentions of the creditor and the debtor. The chapter then considers legal tender legislation, public policy, special legislation, and legislative policy surrounding protective clauses.
Nominalism, Private International Law, and the Lex Monetae Principle
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter reflects on the role of the law of the currency (lex monetae) and a number of private international law questions. The law of the currency determines which chattels are legal tender of the currency referred to, to what extent they are legal tender, and how, in the case of a currency alteration, sums expressed in the former currency are to be converted into the new one. It must not be overlooked that, at least so far as English law is concerned, the nominalistic principle owes its existence to the law which governs the obligation, rather than to the lex monetae. But whatever the difficulties may be, it is submitted that the lex monetae principle enjoys almost universal support; it is also consistent with customary international law. The chapter then looks at the process of revalorization and its role in foreign courts.
The Private International Law of Exchange Control
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter suggests that private international law may offer significant scope for the application of foreign exchange control laws before the English courts. However, it must not be forgotten that a system of exchange control is of an essentially public character, and the English courts have traditionally been reluctant to enforce foreign laws of this kind. Foreign exchange legislation cannot be used offensively, in the sense that it may be invoked as a cause of action before the English courts; but it may be used defensively, in the sense that it may render the performance of an agreement illegal, or it may have other contractual consequences. The chapter then considers the impact of foreign exchange control regulations in the context of contractual and proprietary rights. It also looks at the effect of foreign exchange control regulations on money laundering and as an unenforceable prerogative right.