bluuebunny/crossref_metadata_2025_split huggingface dataset:
Extraterritoriality: Expanding Exclusive Internal Jurisdiction
Authors: Chen Titus Chih-Chieh 
Published: January 2009

Abstract
Norm change frequently occurs (1) when norms are in tension with each other and (2) when the “fit” between norms and concrete experience is disputed. This chapter provides historical case studies in support of that proposition. It begins with a concise discussion of the formation of the two temporally coexisting yet inherently contending norms—exclusive territorial jurisdiction and extraterritorial justice—as the dual normative structures guiding state policies and generating interstate disputes. The second section summarizes the justifications for, and the establishment of, extraterritorial justice through imperial expansion and colonization. Section three analyzes the cases of Japan, Turkey, and China to reveal the contentious processes in which concrete practices of various forms of extraterritorial justice triggered disputes not only between the West and non-Western states but even within and among Western capitals. The chapter concludes by suggesting that the abolition of extraterritoriality modified international normative structures by promoting the principle of self-determination and paving the way for post-WWII decolonization.
The Emerging Right to Democracy
Authors: Sickle Alix van , Sandholtz with Wayne 
Published: January 2009

Abstract
This chapter examines how the “right to democracy” gained normative force in the 1990s. It begins by discussing the normative context that prevailed in the international system prior to the Third Wave of Democracy. It then discusses the key events and disputes that drove the idea a “right to democracy” to the forefront of international normative debates. It focuses on three cycles of norm change, arising out of the 1991 coup in Haiti, the 1992 “self-coup” in Peru, and the 1997 West African intervention in Sierra Leone. The chapter explores the arguments offered in these disputes and examines the extent to which the outcomes of these disputes have shaped how the international community responds to situations in which a democratic government is overthrown or threatened.
Fugue and fantasy I
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter focuses on the association of Bach's music with fugue. His earliest works show a preoccupation with fugal writing, and the skill they already exhibit supports his son's observation that ‘he became even in his youth a pure and strong fugue writer’. Many of Bach's early fugues are free-standing, lacking an introductory prelude. They are sometimes regarded as deviations from the norm of the prelude-and-fugue, and presumed to have been written for study purposes only. However, this is to view Bach's early music from the vantage point of his later development.
Conclusion
Authors: Jones Richard D. P. 
Published: January 2009

Abstract
This chapter presents a synthesis of discussions in Part II of this book. It argues that Bach arrived at full maturity by about the middle of the Weimar period (around 1713), which is attested by the stylistic and technical assurance, and the consistently high standard of his writing at that time, both for keyboard and for vocal and instrumental ensemble. During the mid-to-late Weimar years (1713-17), he produced some of his greatest masterpieces, never to be eclipsed by anything he composed in later years at Cöthen or Leipzig.
Legal Relations and Things: Property
Authors: MacCormick Neil 
Published: January 2009

Abstract
This chapter focuses on a different type of complex right, that involved in the ownership of property, and in other related forms of proprietary right, or ‘real right’. It addresses the following questions: What kinds of legal relationships are involved in owning something? What kinds of things are susceptible to being owned? What are property rights as distinct from other kinds of rights? What are real rights as distinct from purely personal rights? It argues that property in all its forms is norm-dependent, and legal property depends on and is defined by the norms (rules, principles, etc) of particular legal systems. What kinds of property to recognize, and how extensively to recognize different kinds, is a question of politics, guided by economics and perhaps moral philosophy.
Using Corporate Law to Compete for Investments
Authors: Kamar Ehud 
Published: January 2009

Abstract
This chapter documents and analyzes a powerful form of regulatory competition — competition for investments — that has transformed national corporate laws in the European Union (EU) in recent years. Unlike competition for incorporations, competition for investments shapes corporate law when firms cannot easily incorporate outside the jurisdiction in which they operate. These dynamics also characterized state lawmaking in the United States in the early 19th century, and may well characterize lawmaking outside the EU today. The high political payoffs that await successful participants in the competition for investments enable them to overcome opposition that could stifle competition for incorporations. Together with the fact that no single jurisdiction can monopolize the market for investments, these payoffs drive multiple jurisdictions, including large ones, to compete. Allowing firms to incorporate abroad, as recent European Court of Justice rulings require, may or may not breed competition for incorporations. Judging from the reforms that the competition for investments has produced so far, it will be positive.
The MiFID: Competition in a New European Equity Market Regulatory Structure
Authors: Davies Ryan , Dufour Alfonso , Scott-Quinn Brian 
Published: January 2009

AbstractIn 2004, the European Council and Parliament adopted a new Directive on Markets in Financial Instruments (MiFID). The implementation of the Directive in EU Member States is still ongoing. This chapter provides a framework for understanding some of the main features of this new regulatory structure. It summarizes the economics of fragmentation and internalisation — issues that have been at the forefront of discussion throughout the MiFID consultation, approval and implementation process. It also provides lessons from the US regulatory experience, with a special focus on US trade reporting rules. The chapter highlights relevant features of the largest European equity markets, describes the main features of the MiFID, and provides recommendations on its implementation.
The MiFID and Internalisation
Authors: Ferrarini Guido , Recine Fabio 
Published: January 2009

Abstract
This chapter examines the new rules concerning the internalisation of trading orders by investment intermediaries included in the Directive on Markets in Financial Instruments (MiFID). It begins by analyzing the interplay amongst different interest groups in the legislative process that led to the MiFID. It also assesses the Lamfalussy regulatory architecture in the light of the MiFID and its formation. It argues that the Directive went too far in formulating its core principles in the area of internalisation. On the whole, the MiFID resulted in substantial re-regulation of securities trading systems, despite the abolition of concentration requirements as to exchange transactions in some countries. The chapter concludes that the rules examined show that the Lamfalussy structure's main goal, represented by a flexible regulation for European securities markets, has not been reached.
Conflicts of Interest in Investment Services: The Price and Uncertain Impact of MiFID's Regulatory Framework
Authors: Enriques Luca 
Published: January 2009

Abstract
The Markets in Financial Instruments Directive (MiFID) lays down organizational and conduct-of-business rules on conflicts of interest of investment firms and banks providing investment services. It is easy to predict that, as a consequence of the home country control principle, the MiFID will lead to de facto complete harmonization of the rules on conflicts of interest: Member States will refrain from enacting further rules on conflicts of interest so as to avoid putting domestic firms at a competitive disadvantage vis-à-vis EC firms. This chapter inquires into this prospective uniformity, making two points. Firstly, the uniformity will be more apparent than real. Secondly, that the uniform rules on conflicts of interests will lower the degree of investor protection in at least some Member States (namely, Italy) where regulation would be most needed in light of the lower degree of competition in the financial services industry, the lower level of investor education, and the unimpressive record of the financial services authority.
The ‘Public Offering of Securities’ Concept in the New Prospectus Directive
Authors: Pietrancosta Alain 
Published: January 2009

Abstract
An important method of financing corporations — the ‘public offering of securities’ — has for some time also been a key concept in capital markets law. However, the European capital markets regulation did not dignify the concept with a substantive definition. The gap has been closed by Prospectus Directive 2003/71/EC of 4 November 2003, with important practical and theoretical implications in terms of financial markets harmonization, investors' protection and corporate law. Unfortunately, a number of questions remain with respect to the precise contours of the definition of ‘public offering of securities’.
Effective Policy Design for the Retail Investment Services Market: Challenges and Choices Post FSAP
Authors: Moloney Niamh 
Published: January 2009

Abstract
This chapter considers the choices and risks faced by the EU in designing policy for the retail investment services market in the wake of the large-scale regulatory reforms introduced by the FSAP. It argues that a multi-stranded, evidence-based strategy, which incorporates nuanced, non-regulatory policy design initiatives, is essential for the achievement of the EU's objective of promoting an effective retail investment services market through the support of rational and informed investor choice.
Financial Market Integration in the Post FSAP Era. In Search of Overall Conceptual Consistency in the Regulatory Framework
Authors: Tison Michel 
Published: January 2009

Abstract
This chapter looks into the concepts underpinning the current generation of capital market integration directives, that follow the ‘Lamfalussy-approach’. In particular, it examines whether the level 1-directives are based on minimum or maximum harmonization. It argues that the European lawmakers have failed to clarify this issue, thereby reducing legal certainty for the various stakeholders (suppliers, investors, and supervisors alike). In addition, the adoption of yet a new harmonization technique runs the risk of creating inconsistencies with the previous generation of financial market integration directives, adopted under the 1992 Internal market program. Finally, the chapter looks at how the Prospectus Directive and MiFID divide regulatory and supervisory powers between home and host state.
Securities Clearing and Settlement: Regulatory Developments in Europe
Authors: Wymeersch Eddy 
Published: January 2009

Abstract
The subject of clearing and settlement has recently become one of the most controversial issues in the creation of a European securities market. The cost and rigidities flowing from the present state of integration in these post trading services have been identified as significant restrictions, especially in the cross-border trading. In the absence of a European harmonization directive, restrictions remain numerous. This chapter gives an overview of the different activities that are undertaken in Europe and outside and aimed at removing the barriers on intra-European trading or regulating this activity with a view of protecting the interest of investors. Most important in this field are the removal of the Giovannini barriers, the standards of the ESCB-CESR, and finally the expected directive proposals of the European Commission. In the meantime, the market structure may be changing in the near future, due to consolidation at the level of securities trading.
The Choice of Rationales and the Social Meaning of Derivative Actions
Authors: Reisberg Arad 
Published: January 2009

Abstract
This chapter aims to analyse the theoretical rationales behind derivative actions, and to ask how they relate to our understanding of the social value and roles of the derivative action as a corporate governance tool. An initial analysis of the merits and demerits of the derivative action is presented in Section 2.2. Section 2.3 analyses the roles derivative actions may assume in enforcing corporate accountability. The question addressed is whether their purpose is primarily to deter misconduct or simply to compensate the company for the wrongdoing. As part of this, the possible benefits and limitations of these rationales will be explored. Finally, Section 2.4 examines the public image, or expressive value, of the derivative action. The purpose is to determine if some of the features inherent in the derivative action procedure enhance or detract from the understanding of derivative action as a positive social force.
Pursuing the Resolution of the Funding Problem
Authors: Reisberg Arad 
Published: January 2009

Abstract
This chapter examines four possible avenues to rectify the economic impediments to derivative actions. The first two focus on short-term solutions and involve the company and the claimant shareholder. Section 7.2.1 considers making a mandatory requirement for the company to pay the costs of the action. Section 7.2.2 then looks at the merits and demerits of rewarding the shareholder with part of the proceeds of a successful action. The last two sections concentrate on solutions in which the risk of loss is shifted on to the claimant's attorney. Section 7.3 explores new possibilities in the guise of conditional fee agreements; Section 7.4 assesses the possibility of adopting a US-style contingency fees in the limited context of derivative actions. Section 7.5 concludes.
The Fundamental Forces Shaping International Competition Law
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter argues that the international competition law system is fundamentally shaped by the nature of international relations and the self-interested behaviour of states. It identifies a number of constraints on the development of international competition law, including the concept and implications of subsidiarity, the principle of sovereignty, autonomy and opportunism, and legitimacy of decision-making processes. The forms and facilitators of international cooperation are discussed.
International Competition Law in a Trade Policy Framework
Authors: Noonan Chris 
Published: January 2009

AbstractThe international effects of anticompetitive conduct and competition law enforcement actions are the source of many international conflicts. This chapter examines these conflicts within a trade policy framework. Section 5.1 outlines the relationship between trade law and competition law. Section 5.2 seeks to identify suitable rules to reduce international conflict that arises from the application of competition law in cases with an international element. Section 5.3 explores some of the international issues raised by predatory and exclusionary conduct. Section 5.4 examines whether transaction and compliance costs arising from the overlapping application of competition laws and multiple pre-merger reviews might justify the harmonization of competition laws.
Private Market Access Barriers
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter analyses the case for an international obligation for countries to enact and enforce a competition law to prevent anticompetitive conduct that creates market access barriers. It examines Japanese business practices that allegedly created market access barriers in several major industries, including soda ash, steel, stevedoring, semiconductors, and supercomputers. It is argued that anticompetitive conduct may restrict market access and that an international remedy should be available in limited circumstances. While there may be mutual gains from states agreeing to prohibit private anticompetitive conduct that restricts market access, the case for a common set of rules is weak.
Competition Law Jurisdiction under International Law
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter discusses the broad limits that customary public international law imposes on states that wish to regulate international or foreign anticompetitive conduct. It argues that customary international law rules on state jurisdiction are unable to resolve conflicts over the extraterritorial application of competition law, but provide broad constraints on the scope of the application of competition laws. While customary international law on jurisdiction may not be the same for all legal fields, both civil and criminal competition law actions appear to be subject to the same jurisdictional limits. The territorial principle is the key basis for competition law jurisdiction. The assertion of jurisdiction on the basis of economic effects caused by foreign conduct is consistent with international law and state practice.
International Competition Law Defences
Authors: Noonan Chris 
Published: January 2009

AbstractThis chapter examines the so-called international competition law defences: the application of sovereign immunity, the act of state doctrine, foreign sovereign compulsion, and petitioning immunity in international competition law cases. Sovereign or state immunity relates to the adjudicative or enforcement jurisdiction of municipal courts. It prevents a foreign state being subject to proceedings relating to the exercise of its governmental power in the courts of another country. In the US, the act of state doctrine treats as valid and effective foreign governmental acts, not contrary to public policy, that affect private rights. In other countries, the doctrine of non-justiciability and the rules of private international law may protect similar types of foreign governmental actions from challenge. The foreign sovereign compulsion defence prevents persons from being sued for actions done in another country that were compelled by the government of that country. Finally, petitioning immunity provides firms with immunity from competition law for actions taken to encourage a government to adopt anticompetitive measures.
Categorizing Vertical and Horizontal Jurisdictional Interactions
Authors: Shany Yuval 
Published: January 2009

Abstract
This chapter reviews the relations between national and international courts under a number of institutional and jurisdictional settings created by a number of treaty regimes (e.g., ICC, ECHR, NAFTA, EC, and the New York Convention on Recognition and Enforcement of Foreign Awards) and illustrated in respect of specific disputes: the Consular notification cases involving the ICJ and U.S. court, the Separation Barrier cases involving the ICJ and Israeli courts, review of national trade-related determinations before national and international courts, prompt release of vessel cases brought before ITLOS and national courts, and investment disputes (including early cases relating to application of the Calvo Clause and more recent ICSID cases). The survey suggests inconsistency in the manner in which relations between national and international courts are being regulated across legal regimes and, at times, within the same legal regime.
Conceptualizing the Relations between National and International Courts
Authors: Shany Yuval 
Published: January 2009

Abstract
This chapter examines the two main conceptual structures which underlie the opposition to regulating the jurisdictional relations between national and international courts: dualism and hierarchy. According to dualism, national and international courts employ norms deriving from different legal systems and their jurisdictions can never overlap. Moreover, national and international courts often view their respective legal system as normatively superior to the competing legal system, rendering irrelevant any existing overlap. The chapter explains the tension between these traditional explanations of the relations between national and international courts and the growing intertwining of their functions, and introduces a number of theories that offer a more integrative or, at least, nuanced vision of the relationship: monism, dédoublement fonctionnel, the American school of informal socialization, and pluralism. Given the irreconcilably different institutional visions offered by these different theories, the author offers normative systemization as a possible conceptual framework for discussion.
5 The Church—A School of Wisdom?1
Authors: Lash Nicholas 
Published: January 2009

Abstract
This chapter begins by attempting to indicate something of what is and is not entailed in pleading for that fundamental transformation of understanding and imagination which would enable us to recover and to sustain a sense of Catholic Christianity as a lifelong educational project. It then considers some of the obstacles which work against the achievement of such a programme. These obstacles are partly external and partly internal; or partly cultural and partly ecclesial. It is argued that it is the quality of our liturgy that will decide whether such a project succeeds or fails.
7 Text and Contexts—Hermeneutical Reflections on Receptive Ecumenism
Authors: Larini Riccardo 
Published: January 2009

Abstract
This chapter focuses on the hermeneutical implications of Receptive Ecumenism, through the study of what leads to the rise of theological differences and of what happens when different theological traditions meet. It provides some hints about how to understand and live true reception, from both theoretical and practical points of view, and indicates why academic theology tout court has a lot to benefit from the development of ecumenical hermeneutics.
9 Receptive Catholic Learning Through Methodist—Catholic Dialogue
Authors: Putney Michael E. 
Published: January 2009

Abstract
This chapter looks at the Methodist–Catholic dialogue over the past forty years to show the relationship between divided Christians and the potential for a new way of reconciling them. The most recent phase of the dialogue sought to harvest the work of previous phases and, in the light of what has been achieved, to deepen and extend the recognition that each communion is able to offer the other. A deliberate attempt has been made to describe the elements of each communion which represent to the others' eyes, genuine elements of the church of Christ. This recognition is of an extraordinary depth and breadth which none would have imagined even a few decades ago.
15 What Might Catholicism Learn from Orthodoxy in Relation to Collegiality?
Authors: Famerée, SCJ Joseph 
Published: January 2009

Abstract
Understanding the Orthodox notion of collegiality or, more exactly, synodality, requires an understanding the vision of ecclesial communion that flows from Orthodoxy's apophatic and Trinitarian anthropology. This chapter interprets the diverse institutional forms of conciliarity in the East from this perspective. It then asks what Catholicism, especially at the universal level, might learn from Orthodox ecclesiology and institutional functioning in these regards.
21 Managing Change in the Irish Civil Service and the Implications for Transformative Ecclesial Learning
Authors: Tuohy Brendan , Conway Eamonn 
Published: January 2009

Abstract
This chapter contributes to the diagnosis of factors militating against receptive learning by pursuing a case study of how factors relating to change in the Department of Communications, Marine, and Natural Resources of the Irish Civil Service were diagnosed, and how a change process was embedded through a strategic management initiative that commenced in 1992 and which is still ongoing. It argues that there is much for the church to learn from observation of the processes of strategic management within the Irish Civil Service.