bluuebunny/crossref_metadata_2025_split huggingface dataset:
Measures Taken by the Federal Reserve in Response to Financial Stress in the US Economy Arising from the Global Pandemic
Authors: Baxter Thomas C 
Published: June 2024

Abstract
This chapter tackles the Federal Reserve’s measures on the financial stress in the US economy following the global pandemic. It starts with the Federal Reserve’s overarching mandate to maintain and foster financial stability before tackling specific and subordinating mandates. The Federal Reserve’s mandates, the knowledgeable and deliberate use of available tools, and leadership are the three concepts that influenced the central bank’s actions. The chapter then cites the correlation between the progress of successful vaccine development and the progress in abating financial stresses caused by the pandemic. It explains how the Federal Reserve used liquidity to mitigate exceptional financial stress and improved its firepower through the creative and effective use of financial engineering.
The Response of Central Banks to the COVID-19 Crisis
Authors: Zilioli Chiara , Riso Antonio Luca 
Published: June 2024

Abstract
This chapter focuses on the legal aspects of the European Central Bank’s (ECB) monetary policy measures, following the response of central banks to the COVID-19 crisis. The starting point of the analysis are some considerations on the time dimension and the territorial dimension of monetary sovereignty, as well as on the interaction between monetary and supervisory competences. The experience of the COVID crisis was both a useful illustration of how central banks have an essential role to “buy time” for other branches of government to intervene in case of crisis, and also of the importance of cooperation among central banks to effectively handle global challenges on a global scale. The COVID crisis was also an opportunity to review and expand the monetary policy toolkit, and to showcase the advantages and benefits of having a central bank in charge of both monetary policy and banking supervision. It ends with a reflection on the future outlook for the ECB against the background of its strategic review, and the possible involvement of central banks in the fight to climate change.
Central Bank Policy Responses to the Effects of COVID-19 on the Brazilian Economy
Authors: Cozer Cristiano 
Published: June 2024

Abstract
This chapter focuses on the response of the Banco Central do Brasil (BCB) following the impact of the COVID-19 pandemic on the Brazilian economy. Government restrictions on population mobility inflicted a severe exogenous shock on economic activity, with widespread and strong negative consequences for consumer demand and the supply of goods and services. The Chapter explains how the BCB reacted promptly to the pandemic's repercussions with a substantial package of policies, which encompassed both monetary measures intended to increase financial system liquidity and regulatory measures targeted at securing the credit channel's regular operation.
Towards an International Framework for the Regulation and Supervision of ‘Stablecoins’
Authors: Hüpkes Eva HG 
Published: June 2024

Abstract
This chapter explores the international framework for the regulation and supervision of stablecoins. It acknowledges how digital innovation influenced the transformation in the financial sector. Moreover, stablecoins refer to digital assets maintaining a stable value relative to a specified asset or a pool of assets. Since any operational or financial disruption in the stablecoin arrangement or sudden loss of credibility might impact economic activity financial stability, the Financial Stability Board (FSB) issued a high-level recommendations on the regulation, supervision, and oversight of so-called global stablecoin arrangements. The chapter highlights the importance of authorities in all relevant jurisdictions cooperating closely in regulating and supervising stablecoin activities to ensure that no operation escapes regulation and supervision.
The Evolution of New Forms of Money and the Monetary Constitution
Authors: Valdez Manuel Monteagudo 
Published: June 2024

Abstract
This chapter looks into the evolution of new forms of money and monetary constitution, highlighting that [According to history,] monetary diversity and technology have been key to the formation of monetary systems. Thus, Today, central bank’s independence and money play an organizational—constitutional role in society. In correlation, the International Monetary Fund (IMF) and the Bank for International Settlement (BIS) and many central banks assess the possible competition between digital currency issuance by central banks and private means of payment. The chapter explains how private money is vis-à-vis the constitutional foundation of monetary activities by differentiating public from private money creation. It also covers the institutional response to the possible disturbing effects of bitcoins.
Japanese and International Law Developments of Crypto and Digital Currencies
Authors: Kubota Takashi 
Published: June 2024

Abstract
This chapter explores the Japanese and international law developments of crypto and digital currencies. It notes how the recent development of virtual digital currencies refocused the attention on traditional issues regarding the nature of money and monetary sovereignty. Bitcoin, Tether, and central bank digital currencies (CBDCs) collectively face the same challenge regarding tangibility, which is required as per Article 85 of the Japanese Civil Code. The chapter examines how Japanese domestic law determines whether crypto assets and digital currencies are exempt from ownership, bailment, and legal protection. It mentions the significance of the monetary law system adapting quickly to attain several public and private goals
Independence and Accountability of Central Banking
Authors: Louis Jean-Victor 
Published: June 2024

Abstract
This chapter covers the independence and accountability of central banking. It recognizes the European Central Bank (ECB) as the most independent central bank in the world because the provision of independence is protected by the organic law, that is included in the EU Treaty, and is only revisable by the unanimity of the concluding parties. According to Mario Draghi in 2018, Central Bank independence primarily correlates to the relationship between monetary and fiscal policy. The chapter then elaborates on populism influencing the political regimes and central banks in democratic and authoritarian states. It mentions how populism as development plays a significant role in the contestation of independence.
Central Banking in Taiwan
Authors: Yu Syue-Ming 
Published: June 2024

Abstract
This chapter elaborates on the governance, functions, and monetary and exchange rate policies of Taiwan’s Central Bank. It explains how the Bank of Taiwan performed partial central banking services until 1 July 2000, when the Central Bank of the Republic of China (CBC) resumed the role of the issuer of national currency. The CBC’s improvement in governance, accountability, and transparency has been deemed to be at the same level as the Federal Reserve or the ECB. The chapter also mentions the government’s pandemic response, which had been less effective on the fiscal department despite being reasonably successful on the public health front. It then explores the CBC’s monetary policy framework.
Introduction to International Sales
Authors: Bridge Michael 
Published: June 2024

Abstract
This chapter deals with the background to the international sale of goods with particular reference to commodities, since this is where the case law on international sales of goods governed by English law is located. Its particular emphasis is on the way that for many players an international sale of goods is a speculative transaction. Consequently, the chapter contains material on futures trading and hedging, both closely associated with the physical trade. The chapter deals also with choice of law issues and introduces the reader to certain organizations in both the public and the private sector, notably the major trade organizations, the International Chamber of Commerce, the UN Commission on International Trade Law (UNCITRAL) and the International Institute for the Unification of Private Law (Unidroit).
FOB Contracts
Authors: Bridge Michael 
Published: June 2024

Abstract
This chapter deals with the FOB (free on board) contract for the international sale of goods. At intervals, it relates the contract of sale to a connected voyage or time charter party. It discusses the different types of FOB contract and the allocation of responsibility and costs between seller and buyer in the loading process. The buyer’s duty to nominate a vessel, together with time issues relating to its nomination, is discussed at length. So too is the buyer’s right to substitute a vessel or to extend the shipment period. Emphasis is also laid on the timely arrival of the vessel and, overall, the buyer’s control of the shipping timetable. The choice of shipment port and the seller’s duty to load also come in for examination.
Bills of Lading and Documents of Title
Authors: Bridge Michael 
Published: June 2024

Abstract
This chapter deals at length with bills of lading, beginning with the statutory use of them as a means of transferring rights and duties under the contract of carriage concluded between consignor of goods and carrier. The chapter moves on to the modern use of ship’s delivery orders and sea waybills to the same effect. There is an extensive treatment of the bill of lading as a document of title and of other possible means of transferring the carrier’s delivery duty. The evidentiary function of bills of lading is examined, together with the means by which they are transferred. Other shipping documents such as mate’s receipts are discussed. Finally, there is an account of methods being developed to replace the paper bill of lading and its functions.
The UN Sale Convention (CISG)
Authors: Bridge Michael 
Published: June 2024

Abstract
This is the first of the chapters concerning the UN Convention on the International Sale of Goods (CISG) with comparisons to English sale of goods and contractual rules. The circumstances in which the CISG comes to be applied by courts and tribunals in Contracting and Non-Contracting States are examined, as well as the relations between the CISG and other international instruments. Limitations on the scope of CISG rules are duly noted as they concern the exact definition of a sale contract and the exclusion of certain types of claim. The role of good faith and general principles underlying the CISG is examined. The contracting parties’ right to exclude or vary the CISG is dealt with, as too is the role played by permitted reservations (declarations) entered by Contracting States. The role of usages and practices is discussed and mention made of limitations.
Formation and Performance of the Contract
Authors: Bridge Michael 
Published: June 2024

Abstract
This chapter deals at length with the formation of a contract governed by the CISG. It deals in particular with irrevocable offers, the battle of forms, and the incorporation of standard terms. Parol evidence and contractual interpretation are examined. Attention is then turned to the seller’s duty to deliver conforming goods and to the buyer’s examination of delivered goods, together with the giving of notice of non-conformity. Conformity here relates to fitness for purpose and compliance with contractual terms in relation to both the physical state of the goods as well as their freedom from third party intellectual property and other claims.
The Basic Recognition and Enforcement Obligation and Criteria for Eligibility (Articles 4–6)
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
This chapter covers the Hague Convention’s articles on the basic recognition and enforcement obligation and criteria for eligibility. Chapter II of the Convention contains the operational core of the Convention of regulating recognition and enforcement of judgments within the scope of the Convention. While the rules are mandatory, their operation does not necessarily mandate actual recognition or enforcement of judgments within scope. In Article 4, the judgment given by a court of a Contracting State shall be recognized and enforced in other Contracting States. Meanwhile, Article 5 provides the criteria of eligibility for recognition and enforcement of judgments with certain features. The chapter cites how Article 6 creates an obligation that overrides other provisions of the Convention, while Article 7 then provides discretionary grounds for refusal of recognition or enforcement of judgments.
General Clauses (Articles 16–23)
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
This chapter discusses the general clauses presented in the Hague Convention’s Articles 16–23. The General Clauses chapter of the Convention contains eight articles that have the potential for a major impact on the outcome of specific requests for recognition or enforcement. The articles primarily revolve around transitional rules determining when Convention provisions will apply to the recognition and enforcement of judgments based on the date when the Convention has the effect between the State of origin and the requested State. In Articles 17–19, the Convention authorizes certain declarations by States that will tailor the application of specific Convention rules under specific circumstances. The chapter also details the function of Articles 20–23.
Final Clauses (Articles 24–32)
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
This chapter focuses on Chapter IV of the Hague Judgments Convention, which is also known as the chapter of Final Clauses. The provisions set out the rules applicable to the Convention as a treaty. Article 24 addresses how States may sign, ratify, accept, approve, or accede to the Convention, while Article 25 allows States with two or more territorial units to tailor the application of the Convention with respect to those units. Moreover, Articles 26 and 27 contain rules applicable to any Regional Economic Integration Organization (REIO). The chapter cites the provisions and features within the Convention’s Articles 28–32.
Final Comments and Thoughts About the Future
Authors: Brand Ronald A , Coffee Michael S , Herrup Paul 
Published: June 2024

Abstract
This concluding chapter looks into the significance of the 2019 Hague Judgments Convention. It acknowledges that the Convention is an important positive development for transnational litigation since it provides a framework in one document for the recognition and enforcement of a significant number of foreign country judgments. Moreover, the Convention represents a general improvement by replacing the current patchwork of confusing and often conflicting local, bilateral, and regional mechanisms with a global instrument for the regulation of judgments. The Convention framework represents a good deal of compromise, and compromise comes with limitations. The chapter considers the significant flaws of the Convention that makes it anachronistic and inadequate in some aspects of future development.
Offer and Acceptance
Authors: Bantekas Ilias 
Published: June 2024

Abstract
This chapter focuses on offer (ījāb) and acceptance (qabūl), which reflected the subsequent codifications of Islamic contract law. According to Kāsānī and Ibn Qudāma, a contract is fundamentally an agreement expressed through words or actions with clear evidence of ījāb and qabūl. Thus, the modes for the expression of offer and acceptance range between sigha qawliya (through words) and al-dalālāt al-hāliyya (understood from a situation or conduct). The chapter explains that ījāb and qabūl should coincide in the same session (majlis) as the contract does not conclude with the change of majlis. It elaborates on the concepts of khiyārāt relating to termination and the possibility of a contract.
Legal Capacity (Ahliyya)
Authors: Ercanbrack Jonathan G 
Published: June 2024

Abstract
This chapter tackles the significance of legal capacity in understanding Islamic law, contract law, and criminal law. The Arabic term for legal capacity is ahlīya, which primarily refers to the competence of a human being to acquire rights and obligations. Additionally, the theological foundations of ahlīya should be considered before examining the legal bases of ahlīya, due to the rights and obligations to which ahlīya gives effect. The chapter expounds on the forms and impediments of legal capacity. It also looks into women’s legal capacity because of jurists’ unspoken and yet distinctive treatment of women’s capacity, referencing that a woman’s responsibility to testify is unequal compared to men’s.
The Role of Intent (Niyya)
Authors: Ercanbrack Jonathan G 
Published: June 2024

Abstract
This chapter discusses the role of intent, which defines the will to be directed towards an act for a specific purpose. The primary means of discovering intent include manifesting signs and forms of legal expression, such as through individuals’ speech acts and writings. Moreover, the intent (nīyya) is a fundamental concept of the whole Islamic religious law, be it concerned with worship or with the law in the narrow sense, which is also indicated by the opening placement of a ḥadīth in the authoritative ḥadīth compendium of al-Bukharī. The chapter tackles the role of intent in the Fiqh of Worship, which is also known as al-ʿabādāt. It explains that the law of social transactions (fiqh al-muʿamalāt) constitutes the rule that regulates civil actions unlike the actions directed to the worship of God.
Maḥal Alʿaqd
Authors: Bantekas Ilias 
Published: June 2024

Abstract
This chapter explains that a maḥal al ʿaqd or maʿqūd is the subject matter of a contract, which could be defined by its movability and tangibility. It elaborates on the conditions that create contractual certainty which is the foundational principle for an agreement to qualify as valid and for the ensuing rights and liabilities to be enforceable. According to Islamic jurists (fuqahā), the conditions vary between the māl mutaqawwam (legal), existent, seller’s ownership, seller’s possession, delivery, and precisely determined (maʿlūm). The chapter discusses how the prohibition of an object becoming the subject matter of a contract may be excused by ʿurf (custom). It elaborates on how gharar (contractual uncertainty) is a hurdle to a valid contract, especially when the conditions of the maḥal al ʿaqd are not clear and the contract’s effects and results are not evident.
Rights Conferred on Shareholders by the Companies Act 2006
Authors: Collingwood Timothy 
Published: June 2024

Abstract
This chapter addresses the rights conferred directly on shareholders by the Companies Act 2006 (CA 2006). It highlights the rights in relation to the variations of class rights, company meetings, inspection of registers, rectification of the register of members, and takeover offers under Part 28, Chapter 3 of CA 2006. It looks at the law, practice, and procedure relating to the exercise of such rights. The chapter discusses the rights that are conferred on individual shareholders by provisions in CA 2006 and may be enforced by an individual shareholder free of any restrictions under the rule in Foss v Harbottle. It reviews the principal rights concerned with the objection to a variation of class rights, the connection with company meetings, and inspection of registers.
Regulation of Procedural Aspects of Arbitration
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter covers the regulation of procedural aspects of arbitration. Although the IAA sets out a framework for international arbitrations seated in Singapore, it does not purport to deal with all the procedural issues that could potentially arise in international arbitration. This chapter covers three facets of procedure that arise in an arbitration. First, it addresses international arbitration rules that may be selected by the parties to apply in a Singapore- seated arbitration. Second, it examines ethical rules that may apply to the regulation of arbitration practitioners and arbitrators in Singapore. Third, it discusses recent developments on the practice of third- party funding and how they impact international arbitrations seated in Singapore.
The Effect, Interpretation, and Applicability of the Model Law
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter covers the effect, interpretation, and applicability of the Model Law in Singapore law with reference to Sections 3, 4, and 5 of the IAA. In the discussion on Section 3 of the IAA, the chapter explains that Section 3 incorporates the Model Law into Singapore law, but excludes Chapter VIII of the Model Law from incorporation. It also discusses how conflicts between the Model Law and the IAA should be resolved, and when the Model Law should apply. In the discussion on Section 4 of the IAA, the chapter explains that reference may be made to UNCITRAL documents for the purposes of interpreting the Model Law. In the discussion on Section 5 of the IAA, the chapter explains that the Model Law and Part II of the IAA do not apply to arbitrations that are not “international” and only apply to non-international arbitrations if the parties agree in writing. The chapter also discusses what defines an “international” arbitration, including a flow chart that visually demonstrates whether an arbitration is “international”.
Number and Appointment of Arbitrators
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter examines Sections 9, 9A, and 9B of the IAA which provide for the number and appointment of arbitrators. Section 9 departs from the Model Law and provides that, if the number of arbitrators is not determined by the parties, there is to be a single arbitrator by default. Section 9A sets out the process for the appointment of a three-person tribunal, and similarly also changes the default from the Model Law with respect to the process of appointing the presiding arbitrator. Section 9B was a recent amendment that came into force in December 2020, and is intended to provide a default mechanism for appointment of arbitrators in multi-party arbitrations. Section 9B modifies the Model Law, which has no provisions specifically addressing the appointment of arbitrators in a multi-party scenario.
Disapplication of the Model Law and the IAA, the Application of Rules of Arbitration, and Conciliation
Authors: Tan Paul , Goh Nelson , Lim Jonathan 
Published: June 2024

Abstract
This chapter discusses Sections 15, 15A, 16, and 17 of the IAA. Section 15 of addresses the situation where parties expressly agree to disapply the Model Law or the IAA. Section 15A clarifies the interplay between the various rules which may apply to an arbitration, as agreed to or adopted by the parties, and the Model Law and Part II of the IAA. Sections 16 and 17 address conciliation, which is an alternative dispute resolution process whereby the disputing parties seek to reach an agreed resolution with the help of an independent third- party conciliator.
Entitlement to the Grant and Ownership of Intellectual Property Rights: Jurisdiction
Authors: Torremans Paul L C 
Published: June 2024

Abstract
This chapter tackles the jurisdiction surrounding the entitlement to the grant and ownership of intellectual property rights. Since patents are awarded on a first-to-file basis, disputes concerning ownership often arise when someone gets hold of the information and files their own name before the inventor. Moreover, the Protocol on Recognition attached to the European Patent Convention contains special jurisdictional rules dealing with the issue of the right to the grant of a European patent. The chapter mentions that statutory provisions can provide for an automatic transfer of ownership. It also considers the parallel validity proceedings in relation to the validity of a European patent.