bluuebunny/crossref_metadata_2025_split huggingface dataset:
Expropriation and Other Treaty Standards
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter examines expropriation and other treaty standards. It begins with a discussion of expropriation protection in investment treaties as an autonomous standard to other treaty protections, including fair and equitable treatment (FET), full protection and security, national treatment, most-favoured nation treatment, and the umbrella clause. It then considers the overlap that can occur between certain aspects of expropriation and other treaty standards; for example, with respect to non-discrimination or due process. It also looks at cases in which investment treaty tribunals have taken into account the overlap of due process (FET) and non-discrimination (FET, national treatment), the overlap of denial of justice in FET and indirect (judicial) expropriation, and the overlap of legitimate expectations in FET and indirect (regulatory) expropriation when deciding on the lawfulness of indirect expropriations. The chapter concludes by analysing substantial deprivation as a requirement in expropriation.
Carriage Documents and the Functions that They Perform
Authors: Goldby Miriam 
Published: August 2024

Abstract
This chapter assesses carriage documents and the functions that they perform. Where goods are transported pursuant to an international sale contract, the carrier contracted to transport the goods will issue a document covering the transport. According to its nature and type, this document will perform a variety of functions. Traditionally, the document issued was the bill of lading. The modern bill of lading performs three functions: it performs the evidentiary function of a receipt; it evidences or contains the contract of carriage; and it also performs the function of a document of title. More recently, alternative documents have become popular—most notably, sea waybills, which are modelled on air waybills and which are not negotiable, and do not therefore perform the same functions as bills of lading. Meanwhile, delivery orders are used in the sale of goods that have been shipped in bulk.
Introduction
Authors: Clarry Daniel 
Published: August 2024

Abstract
This introductory chapter discusses the administrative and protective jurisdiction of the Court to supervise and intervene in trust administration to facilitate the due performance of trusts within what is called ‘the supervisory jurisdiction over trust administration’. The principle that justifies the constituent aspects of the supervisory jurisdiction over trust administration is that the Court acts to facilitate the performance of trusts and thereby reasonably ensure their due administration. The chapter then offers an outline of each succeeding chapter to support the claim about the importance of performance as a unifying principle within this area of trust law. It also presents ancillary principles that guide the exercise of the supervisory jurisdiction for the benefit of, or in the best interests of, the beneficiaries.
Administration
Authors: Clarry Daniel 
Published: August 2024

Abstract
This chapter examines the first three aspects of the supervisory jurisdiction over trust administration, all of which come closest to the Court actually performing the trust. The first aspect is the general and partial administration of trusts, which is a continuation of the traditional means by which the Court facilitated the performance of trusts in Equity. In the second aspect, judicial advice and directions is given as to the duties and powers of trustees, which facilitates the due performance of trusts without the need for general or partial administration. Finally, in the third aspect, the Court exercises a trustee’s discretion that is surrendered to it by a trustee, thereby facilitating the performance of a trust by actually exercising the trustee’s discretion.
Supervising Non-Performance
Authors: Clarry Daniel 
Published: August 2024

Abstract
This chapter argues that a fundamental duty of trustees is to perform the trust upon assuming the office of trustee. But the duty to adhere strictly to the settled terms of a trust occasionally conflicts with the broader purpose of the trust, especially when the trust must be performed over a lengthy amount of time. Rather than bluntly resolving that tension in favour of strict performance according to the settled terms, the Court exercises its supervisory jurisdiction over trust administration by enlarging the powers of trustees and sanctioning breaches of trust, both prospectively and retrospectively, and authorising variations and terminations. These aspects of the supervisory jurisdiction over trust administration exhibit that trusts are not simple accounting relationships, but become autonomous legal institutions that require continuous supervision.
Conclusion
Authors: Clarry Daniel 
Published: August 2024

Abstract
This concluding chapter reflects on the claims and themes developed throughout the chapters but also explores the implications that this work holds for the development of trust law, especially with regards to recent trends in contemporary trust law and practice toward extrajudicial mechanisms to supervise trust administration — this includes alternative dispute resolution and the attachment of supernumerary office holders to trust administration, such as enforcers and protectors. The chapter also examines the broader implications for private law and public law, highlighting areas for further analysis and to stimulate debate, as well as to consider the future trajectory of the supervisory jurisdiction over trust administration, in light of some of the future challenges.
Article 3: Documents
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas 
Published: August 2024

Abstract
This chapter looks at Article 3 of the IBA Rules. Article 3 deals with documents. The approach to document production in civil law and common law jurisdictions is very different. Article 3 represents a compromise between the two legal traditions and, as such, it is invaluable for use by parties to international arbitration. Article 3 addresses requests to produce documents made by one party to another, objections to such requests, and the process by which disputes around requests for production are to be determined. It also deals with the introduction of documents relied on by a party and requests for documents by the tribunal, as well as a number of other issues connected with access to documents and the form in which documents are to be produced.
Article 4: Witnesses of Fact
Authors: Khodykin Roman , Mulcahy Carol , Fletcher Nicholas 
Published: August 2024

Abstract
This chapter considers Article 4 of the IBA Rules, which (supplemented by Article 8 in relation to oral testimony at the evidentiary hearing) provides a comprehensive framework for use and management of witness evidence. The use of witness evidence may require direction and management by the tribunal in a number of areas. These include decisions about the identity and number of witnesses; the scope and content of the statements; a timetable for delivery of evidence; requests for oral examination and directions for attendance; and the management of questions put during oral evidence. The IBA Rules provide a useful set of provisions that can be adopted or can guide the parties’ discussions as they search for common ground on the procedure to be followed, both on matters of detail and questions of principle. Other provisions relevant to the use of witness evidence include the duty to consult set out in Article 2 and the obligation of good faith contained in Preamble 3.
Cryptocurrencies in International and Public Law Conceptions of Money
Authors: Proctor Charles 
Published: August 2024

Abstract
This chapter considers the practical consequences of cryptocurrencies for international and public law conceptions of money. It begins with a discussion of existing legal theories of money, two of which are the state theory of money and the societary theory of money, and the extent to which cryptocurrencies either conform to, or depart from, such theories. It then examines a working definition of a cryptocurrency before explaining how cryptocurrencies such as Bitcoin can affect international or public law approaches to money. It also analyses how the status of cryptocurrencies may arise in terms of criminal law, focusing on three areas: theft or fraud, money laundering, and financial markets regulation. The chapter concludes with an assessment of how the increased use of cryptocurrencies may affect the financial stability and monetary policy of central banks, taking into account the legislation that governs the Bank of England.
Taxation of Cryptocurrencies
Authors: Fairpo Anne 
Published: August 2024

Abstract
This chapter examines the tax approaches taken by different jurisdictions with regard to cryptocurrencies and the implications of those approaches. It first considers the imposition of direct taxes and value-added taxes on cryptocurrencies before discussing a range of international taxation policies that view cryptocurrencies as property, focusing on countries such as Australia, Singapore, France, Israel, United States and the United Kingdom. It then looks at jurisdictions that regard cryptocurrencies as foreign currencies, including Australia and Switzerland, and concludes with an analysis of four main principles on which tax systems should be based: equality, efficiency, certainty and administrative convenience. The chapter argues that tax laws are not always equal, certain and administratively efficient, in part because tax authorities continue to treat cryptocurrencies as predominantly a payment mechanism rather than an investment vehicle.
Banking, Payments and Money
Authors: Gleeson Simon 
Published: August 2024

Abstract
This chapter illustrates how state money only does a specific job, but the monetary jobs which need to be done across an economy generally require a wide variety of different types of instrument, and there is no reason why sovereign-issued money should seek to perform all of those functions. The central bank only acts as ‘paymaster’ to commercial banks and payment service providers, and those commercial banks and payment service providers act as paymasters to the rest of the economy. A paymaster is a person who provides payment services—someone who, when instructed, makes a payment to another on the basis that they either have or will recoup the value from that other. The chapter shows that the real economy rests on a foundation of money provided by the central bank.
The Legal Character of Money
Authors: Gleeson Simon 
Published: August 2024

Abstract
This chapter analyses how the law regards money as a species of property with unique characteristics. The most significant issue is that claims for money (debt claims) are regarded in law as different from claims for any other thing. If a person breaches an obligation to pay money, the remedy is an order to pay that amount of money. The question of how much damage (if any) the payee has suffered through the refusal to pay is simply irrelevant, and concepts like mitigation, remoteness, or foreseeable damage have no place in this system. Therefore, in an action related to virtual currency today, the basic question of whether the virtual currency should be treated as ‘money’ or not for this purpose is largely determinative as to the potential outcome of the litigation.
Doom Loop or Incomplete Union?
Authors: Navaretti Giorgio Barba , Calzolari Giacomo , Mansilla-Fernández José Manuel , Pozzolo Alberto Franco 
Published: August 2024

Abstract
This chapter discusses the foremost regulatory advances and policy proposals for the so-called ‘doom loop’, i.e. the perverse and destabilizing interconnections between sovereigns’ and banks’ liabilities. It discusses how the merits of the proposed regulatory reforms are strictly intertwined with the mechanisms of risk sharing being built up and implemented within the banking union, and more broadly within the eurozone. The chapter argues that it is very unlikely that there might be viable solutions to the regulatory treatment of sovereign exposures without a strengthening of risk-sharing mechanisms.
Financial Conglomerates in the European Banking Union
Authors: van den Hurk Arthur , Siri Michele 
Published: August 2024

Abstract
This chapter discusses the position of financial conglomerates within the European banking union. Financial conglomerates are typically large and complex groups that combine banking and/or investment activities with other regulated and/or unregulated activities and usually operate across borders. The fact that their activities are not limited to banking activities raises interesting but a complicated question with respect to their regulation and supervision as conglomerates, in addition to the sectoral regulation and supervision these groups and the individual entities in these groups operate under. The background and evolution of financial conglomerates and conglomerate supervision are discussed, as well as the manner in which it is embedded in financial supervision in Europe. Furthermore, the evolution of the sectoral group and consolidated supervision is discussed, including the inception of the Single Supervisory Mechanism (SSM) and the challenges of supervision under the SSM. An additional layer of complexity is formed by the requirements that apply to resolution. The chapter concludes by reflecting on the complex interaction between the different sectoral frameworks, difference and inconsistencies between frameworks, specificities of the various sectors, and the need for a thorough assessment of the requirements that apply to conglomerates and their interaction.
The Legal Nature of the International Bond Market
Authors: Bamford Colin 
Published: August 2024

Abstract
The chapter explains the history of the international bond market, from its origins in the nineteenth century issues of loan stock, through the development of the Eurodollar market after World War II and the adoption of bonds as a way for corporate borrowers to access that market. It then discusses the evolution of the documentation used, paying particular attention to the concept of negotiability, which facilitated the ready transfer of bonds. It goes on to consider the idea of immobilization and the growth of securities clearing organizations. In this context, it considers recent developments in Europe, brought about by the requirements of the European Central Bank. The chapter then turns to an analysis of the legal relationships created by the structure of bonds and the way they are traded, and ends with a discussion of the move to the dematerialization of the market.
Definition and Subject Matter of the Sale of Goods Contract
Authors: Bridge M G 
Published: August 2024

Abstract
This chapter begins with the definition of ‘goods’, which is defined by section 61(1) as including ‘all personal chattels other than things in action and money’ and in particular ‘emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale’. The discussions then turn to ‘the price’ covering credit cards and other cards, and trading stamps, points, and vouchers; basic statutory distinctions covering contract and conveyance, existing and future goods, specific and unascertained goods, and general and special property; and the contract of sale and related transactions involving goods covering work and materials contracts, barter and trade-in agreements, bailment agreements, gift, agency agreements, and security agreements.
The Passing of Property
Authors: Bridge M G 
Published: August 2024

Abstract
This chapter deals with the law on the passing of property. The passing of property in goods affects contractual rights and duties. It is the fulcrum on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss or casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. The passing of property is also of prime significance in defining the position of buyer and seller on the other's insolvency. The discussions cover the rule structure, specific goods, unascertained and future goods, and reserving the right to disposal.
Results and Outlook
Authors: Jensen J Ole 
Published: August 2024

Abstract
This conclusion summarises the book's main findings with regard to the role of tribunal secretaries in international arbitration. The book has shown that the division of labour has been a part of the earliest ancestors of modern international arbitration. It has discussed the contractual implications of the tribunal secretary's appointment, the importance of transparency in all aspects of the secretary's mandate, the secretary's right to receive remuneration, which permissible tasks tribunal secretaries may carry out, and whether parties can challenge and remove arbitrators and tribunal secretaries. It has also considered the pathological case of an irregular use of tribunal secretaries as well as the available remedies, including recourse against the arbitral award. The book ends with a brief overview of future prospects for tribunal secretaries, focusing on two scenarios: they become either obsolete or they evolve into new forms of third-party support.
Markets in Financial Instrument Directive II (MiFID II)/Markets in Financial Instruments Regulation (MiFIR)
Authors: Leslie Nico , Taylor Aaron 
Published: August 2024

Abstract
This chapter examines MiFID II and MiFIR. Like the original MiFID, MiFID II applies to investment firms and market operators. Alongside MiFID II, the European Union passed two further regulations: the European Market Infrastructure Regulation (EMIR) and MiFIR. The purpose of EMIR was to impose closer regulation on over-the-counter derivatives, including a requirement for clearing through a central counterparty and an obligation to report to a trade repository. The purpose of MiFIR was broadly to ensure that all financial trading would be conducted on exchanges, on multilateral trading platforms, or through organised trading facilities. EMIR and MiFIR, being regulations, are directly effective in English law. By contrast, MiFID II, being a directive, required domestic implementing legislation. The chapter then looks at the issues regarding MiFID II arising specifically in the context of Brexit.
The Law of Financial Services Groups
Authors: H R Morris Charles 
Published: August 2024

Abstract
Most legal textbooks and practitioners’ guides focus on the impact of financial services law and regulation as applicable to individual legal entities: the application of such law and regulation on a group basis is often a cursory afterthought, or neglected altogether. This book reverses the balance. It fully and systematically addresses how groups of businesses within the financial services sector are regulated. It starts with the company law and corporate insolvency law foundations and how they are established and formed into groups. It then builds up through prudential regulation and resolution-driven principles, focusing on how regulations apply and operate at a consolidated group and sub-group level, to the structural responses from firms and counter-responses from legislators and regulators. It also considers the tensions that arise from the conflicts between authorities and legal systems on a cross-border basis, and between the formal legal system and the powers and agendas of the regulators. The final section applies the principles explored in previous sections to a wide range of transaction types. The book covers intragroup transactions, and the role that regulation plays requiring and restricting the movement of financial resources around groups. The book is up to date as at April 2019, marking the culmination of over 10 years of intense regulatory change. It addresses UK ring-fencing rules and EU and US intermediate parent undertaking requirements, and considers the impact of Brexit and the EU banking reform/risk reduction package.
The Prudential Supervision of Cross-border Groups
Authors: Morris Charles H R 
Published: August 2024

Abstract
This chapter examines how the principles of prudential supervision are applied on a cross-border basis for international groups with multiple regulators, including after Brexit. To this day, the prudential regulation of financial services groups remains dependent upon, and built around, national or federal regulation, albeit in the context of a greater-or-lesser degree of international cooperation. In order, therefore, to understand how a cross-border group is prudentially regulated, it is necessary to start from an understanding of the impact of the national and federal regulatory regimes, and then to determine the priorities of, and points of conflicts and overlap between, such regimes. EU regulation, as it has developed over recent decades, has aimed to address systematically these issues within cross-EU groups. This has largely been made possible by the harmonization of the substantive prudential regulatory requirements across the EU, which in turn allows for the smoother integration of, and interaction between, different Member States’ regimes. This nonetheless leaves the dynamics arising in groups that straddle the EU and UK, or the EU/UK and other jurisdictions unaddressed.
Intragroup Transactions and other Interactions
Authors: Morris Charles H R 
Published: August 2024

Abstract
This chapter discusses the general company/insolvency law implications of intragroup transactions and the regulatory pressures placed upon them. Intragroup transactions—especially those involving the transfer of cash or assets around a group—merit close attention. In the ordinary course of business, there is the heightened risk that a group’s management may overlook the distinction between different entities and have little regard for the interests and integrity of individual entities, thereby facilitating the internal misappropriation and misallocation of financial resources, weakening the position of individual entities within a group and prejudicing the interests and integrity of individual entities and their creditors and customers. Consequently, intragroup transactions are often closely scrutinized and challenged—whether by regulators, resolution authorities, creditors in an insolvency, investors, or the guardians of their respective interests. Indeed, a body of company law and corporate insolvency law relating to intragroup transactions has developed over the past few centuries, and is generally applicable across all sectors.
Misrepresentation
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter looks into misrepresentation as grounds for rescission. It lists the elements needed to be entitled to a rescission of a contract via misrepresentation: relevant representation, known by the other part to the voidable contract, falsified, and relied upon by the representee. The types of misrepresentations range from fraudulent, negligent, and innocent, which revolve around the representor’s state of mind. The chapter highlights how representation should be made by the representor to the representee. It also considers the conditions for representations, such as existing facts and law, contractual terms, expressed and implied. Most commonly, silence does not invoke representation.
Mutual Restitution: Rescission at Law
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter focuses on mutual restitution when rescission happens at common law. It highlights how property, money, and services are treated separately. The common law provides exclusively propriety rights to restitution in respect of property transferred and exclusively personal rights in respect of money paid. The rights arise automatically upon the innocent party disaffirming the transaction. Rescission at law cannot revest title in the intangible legal property as the common law does not know mechanisms for revesting. The chapter explains the restitution of benefits conferred by the rescinding party and the subsequent obligation of that party to provide counter-restitution of benefits received.