Academic literature on the topic 'Secured obligations'

This chapter comments on Article 40 of the Rome Statute of the International Criminal Court. Article 40 imposes norms aimed at ensuring that judges are not exposed to conflicting obligations or loyalties. The article declares that ‘judges shall be independent in the performance of their functions’. Independence is secured through other provisions of the Statute, including articles 36, 41, 46, 47, and 49. Judges are prohibited from engaging in activities ‘likely to interfere with their judicial functions or to affect confidence in their independence’. Judges who are required to serve full-time at the Court are not to ‘engage in any other occupation of a professional nature’. Disputes concerning activities of judges outside the Court are to be decided by an absolute majority of the judges.

In the present case, the European Court of Human Rights’ analysis drew on the terms in which the European Convention on Human Rights would apply following state adhesion to an international organization. In particular, the Court was called upon to decide on the responsibility of the UK for not having ensured that within the legal system of the then European Community, laws would not be passed that were incompatible with that state’s obligations under the Convention. Although the matter in dispute regarded issues of a purely institutional nature and character, the Court (still) approached it as one engaging state responsibility for its participation in the EC. In a quasi-dogmatic fashion, the Court ascertained that the Convention does not preclude states from transferring competences to international organizations, provided that the rights prescribed therein continue to be secured.

This chapter explores the UK’s relations with Europe and the political discourse dominated by the ‘inside but out’ school of thought. In this context, the chapter considers three issues: whether the UK has remained a difficult Member State all the way through, where the UK’s defiance has manifested the most, and whether it will exercise even more defiance as it leaves the EU. This chapter argues that the approach pursued by the UK authorities was to fight for its own interests in the negotiations leading up to the adoption of legal acts, be it primary or secondary legislation. Once concessions and opt-outs were secured, the UK would stop being a difficult Member State and in general terms complied with the obligations undertaken. However, the chapter also considers the implications of Brexit and how it will affect the UK’s relations with the EU afterwards.

This chapter explores the nature of pledge. It is a common law security interest created by delivery of tangible property to the pledgee as security for the payment of a debt or performance of another obligation. It confers on the pledgee not only the right to possession of the pledged assets but the right of sale on default and the right to sub-pledge without destroying the pledge. As it is a security interest, the pledgor has the right to redeem the pledged assets by repaying the debt or performing the obligation secured, and the pledgee is obliged to account for any surplus arising on the sale of the pledged assets over and above the amount required to discharge the secured obligation.

Sometimes the sequence of events is important for establishing rights and obligations, and sometimes it is not. For example, if a nuisance was there before the neighbouring residences arrived, the nuisance is sometimes allowed to continue in the same location under the doctrine of coming to the nuisance. When and why should the doctrine be (or not be) upheld? While many concepts in law and economics do not explicitly have a time dimension, once we start thinking about ex ante versus ex post, a large number of seemingly unrelated areas of the law involve similar issues of sequence. When new regulations are imposed, sometimes pre-existing businesses are exempt and sometimes not. In accident law, negligent behaviour by the first actor may require the second actor to take action beyond the ordinarily efficient actions as can be seen in the doctrine of last clear chance. What is the underlying rational for the application of this rule? Rights typically go to the highest bidder, but at 4-way stop signs, rights are granted according to who was there first. In other areas involving traffic, being first accedes to other criteria such as majority rule. As a final example, priority in bankruptcy gives the right to the first creditor of the same secured debt, but not to the first creditor of unsecured debt. Why? This article presents an efficiency-based framework for answering these questions.

This chapter demonstrates how financing devices that involve either the retention or the transfer of title, although performing an equivalent function to security interests, are generally not considered ‘security’ under English law. Hence, the general characteristics that security interests display when they are enforced, in particular the obligation of the secured creditor to account for any surplus and the obligation of the debtor to make good any deficit, do not rise. The financing devices, being straightforward commercial contracts, are enforced according to their terms, without the application of any of those ‘security’ principles. However, in so far as these devices perform a security function, their express terms often reflect these ‘security’ characteristics, with the contract often providing for a financial adjustment so as to preclude the ‘secured creditor’ receiving a ‘windfall’ or suffering a ‘shortfall’.

This chapter discusses the enforcement of security once formal insolvency proceedings have supervened. It deals primarily with liquidation, administration, and receivership but takes in also other procedures, such as schemes of arrangement, to the extent that they affect the rights of secured creditors. A key feature of English law, in contrast with numerous other legal systems, is that the onset of bankruptcy or company liquidation does not remove the power of a secured creditor to exercise proprietary remedies for the recovery of the secured debt. In addition to consensual security, namely, mortgage, charge, and pledge, liens arising by operation of law may be exercised against a liquidator or trustee in bankruptcy, who may not therefore obtain possession of the assets without discharging the underlying obligation.

This chapter explains how security and quasi-security interests can be used wherever a party who is owed an obligation wishes to have a proprietary claim over an asset of the obligor, to which it can have recourse if that obligation is not fulfilled. They are used widely in the context of debt financing of businesses, to secure borrowing and other forms of finance extended by banks and other financial institutions. They are also used to secure credit extended to businesses by those contracting with them, in any situation where a business does not have to pay immediately for benefits conferred on it by the counterparty, and also where a business may become liable to a counterparty in the future.

AbstractThis article is an appeal in the form of ten questions or theses, which as a whole outline the responsibility of science. 1) The humanistic mission of science, respecting human rights, against reductionism; 2) Against reification and the degradation of the living; 3) Information creation: An essential category for model and theory development and as a general methodological guiding principle! 4) The need for education and training against racism: The responsibility of science in the fight against anti-Semitism; 5) Deadly science: The demand for the destruction of life unworthy of life was “scientifically” justified; 6) Religious traditions as a cause of anti-Semitism? 7) Causes of anti-humanism, racism, anti-Semitism, and neo-Nazism in the contemporary world of work; A deeper “perception” of life and human beings is also necessary in the economy! 8) People must be able to recognize the meaning and purpose of their existence 9) Peace must be secured! 10) Science can follow its humanistic obligation to serve life, to serve mankind.

AbstractThis chapter concerns human rights, and its international legal setting in relation to migration and older age, and its implications for experiences of civic exclusion. There is a lack of scientific literature exploring the labour status of migrants, the relationship between labour experiences and civic and socio-cultural exclusionary processes, and the implications for socio-economic exclusion outcomes. The principles of equality and non-discrimination enshrined in several international human rights legal instruments will be presented within an international mobility perspective to assess whether the protection mechanisms of human and labour rights are in line with the migratory phenomenon brought by globalization. In this context, the chapter’s focus will be on the rights to work and social security as two main human rights provisions to circumvent mechanisms of civic exclusion, and secure better socio-economic outcomes for older migrants. A case derived from a research project concerning migrants and pensions in a Swedish municipality will provide an illustrative example of some of the principal dilemmas illuminated in the intersection of generalized rights and practical outcomes.

Abstract The performance of obligations may be secured by a penalty, pledge, withholding of property from the debtor, suretyship, bank guarantee, deposit, and other means provided for by a law or by a contract. The invalidity of an agreement to secure the performance of an obligation shall not entail the invalidity of this obligation (principal obligation).

Abstract Bulgarian law offers a number of rules on the personal rights and obligations of the secured parties which are, however, by no means comprehensive nor can they claim to be in any way systematic. The parties are well advised to deal with their rights and obligations contractually.

Abstract Bulgarian law1 provides in Article 133 of the Law on Obligations and Contracts that in principle the debtor’s ‘entire property’ shall serve as a basis for the satisfaction of the creditors’s rights. However, Articles 138 to 148 of the Law introduce the guarantee as a means of securing obligations by a personal right. In its 1950 Law on Obligations and Contracts, Bulgarian law sets out a number of traditional security rights.2 They are the traditional security rights of the civil law tradition, namely the possessory pledge of movables;3 the pledge of receivables, which requires the notification of the debtor of the pledged receivables for its enforceability against the debtor;4 and the mortgage in immovables which must be recorded with the recording office administered by the regional courts.5 The possessory pledge of movable things and the pledge of receivables are similar to the pledges found under many other civil law jurisdictions (including German law) and meet the same practical limitations in modern business

Abstract This chapter examines whether a business can enforce debts without unveiling the existence and interest of the financier under the context of various financing models. The financing models range between the outright sale of the receivables, a loan secured by a mortgage over the receivables, and a loan secured by a charge over the receivables. The chapter defines receivables as the most valuable asset of that business. Thus, a finance provider to that business likely wants some kind of proprietary interest in the receivables as protection against credit risk. The chapter looks into the argument that a joinder should not be required when an assignor can give a good discharge for payment.

Abstract Where a plaintiff has been legally compelled to make a payment or, being compellable by law, has made a payment in respect of an obligation for which a defendant is primarily liable and his payment discharges that obligation, the plaintiff will generally be able to recover his payment as money paid to the defendant’s use,1 and in appropriate circumstances he may also be entitled to supplement this action with secured rights acquired via reviving subrogation. Not all payments made under legal compulsion in respect of another’s obliga tions discharge those obligations. Payments by insurers to their insureds do not extinguish whatever rights of action the insureds may have against third parties in respect of the insured loss; nor do payments made to the holders of ordinary bills of exchange by drawers or indorsers of the bills discharge the acceptors’ liability. This is not to say that the payors in these situations are not entitled to a restitutionary remedy. As is discussed below in Chapter 6, the remedy to which they are entitled is simple subrogation. However, the cases discussed in this chapter all concern the situation where S makes a payment under legal compulsion to RH in respect of the obligations owed to him by PL, and PL’s obligations are thereby discharged.

The paper analyzes legal provisions, the standpoints of court practice, as well as opinions of jurisprudence regarding the legal consequences of opening bankruptcy proceedings on the status of the bankruptcy debtor. Special attention was paid to the transfer of rights and obligations to the bankruptcy manager as the most important consequence of opening bankruptcy proceedings on bankruptcy debtor. It was pointed out that the representation and management function are merging in the person of the bankruptcy manager. It was pointed out the importance of terminating previously acquired contractual and legal preemptive rights, as a legal consequence of opening bankruptcy proceedings, and thus avoiding a collision with the legal preemptive right of the secured creditor on the subject of separate or pledge right. Problems related to the termination of the legal pre-emptive right on the subject of restitution in case of bankruptcy of the endowment, then the pre-emptive right on cultural goods, as well as the termination of the legal pre-emptive right in a multi-shareholder limited liability company were analyzed. Issues related to the issuance of an inheritance statement if the bankruptcy debtor acquired the inheritance after the opening of bankruptcy proceedings on the basis of a will are explained.

Personal guarantees represent a person (guarantor) assumed in favor of a creditor in order to guarantee the satisfaction of the creditor's claim against a debtor (principal debtor). The surety is the obligation of the guarantor (guarantor) assumed for the benefit of a creditor in order to guarantee the obligation that the debtor owes to the creditor (secured obligation) and which appears and becomes due only if the secured obligation appears and becomes due. The surety has a double meaning, namely: the right of guarantee, which arises from the contract concluded in favor of the creditor and the obligation assumed by a person outside a legally binding relationship.

Maintaining workplace confidentiality is essential for fostering trust and integrity within an organization. This involves safeguarding a broad spectrum of information, such as personal employee data, proprietary business information, and sensitive customer details. An understanding of privacy rights and obligations is crucial for establishing a safe and secure environment for both employees and the organization as a whole. Ultimately, it contributes to a culture of transparency, accountability, and respect, fostering a workplace where everyone can thrive.

In Turkish bank practice a great variety of bank credits are extended. Banks take or convey by mortgage such as real security or surety as personal guarantee to secure loans. In the surety regulated in the Turkish Code of Obligations in essence, very strict requirements have been arranged for the purpose of protecting the guarantor. Bank credit relations are continued over a long period of time. In this process, new contracts of surety are signed or credit restructurings are in question. Here are the changes in this relation the situation of guarantor was tried to be legally disclosed in the light of Supreme Court’ s decisions.

On 16 November 2022, the Digital Services Act entered into force. Now intermediary service providers under the Digital Services Act are subject to additional obligations to mitigate the distribution of unlawful content online and to establish a secure, predictable, and trustworthy digital environment. Additionally, the Digital Services Act includes a prohibition on deceptive or manipulate interfaces, however, at the same time, it excludes consumers from this protection. Therefore, the author of the article analyses the legal aspects of Article 25 of the Digital Services Act, aiming to ensure the organic integration of the new regulation into the current EU legal system regarding the prohibition of unfair commercial practices.

Capital markets require efficient and secure legislation (legal infrastructure). In the construction of the aforementioned, the targeted actions of the European Parliament and the Council and the European Commission since 2018 have been focused on the rules on the transfer of ownership (especially over securities) and the effects of assigning claims to third parties. The aim of this proposal was to ensure legal certainty by establishing uniform rules for the conflict of laws at the level of the Union and thereby help to increase the number of crossborder transactions with claims. A contribution to legal certainty is the determination of unique rules on organizations that have as their activity the collection of claims, either in their own name and for their own account (this is preceded by the transfer of claims) or else in the name and for the account of creditors (the original creditor) or other recipients of claims, who acquired it in the process of disposing of this right. National regulations on the assignment of claims (national substantive law), mainly taking as a basis the Law on Obligations and the Law on Consumer Protection and the Enforcement Law in the focus of the regulation, do not provide a sufficient legal basis for all aspects of debtor's protection, not even in terms of creditor protection. Such a situation conditioned or produced the current chaos on the internal capital market and the emergence of numerous debt collection agencies and confusion in the way they operate and collect debts with frequent violations of the right to protect personal data. In this regard, the law also shows as living organism which is subject to constant changes through the creation of new regulations or the modification of existing ones. The influence of European regulations on national regulations is not only predictable, but also a legal obligation of the Republic of Croatia as a member of the European Union. Capital trading on the capital market simply requires a review, at least of the modern regulations from 2005 or even later in every respect.

Capital markets require efficient and secure legislation (legal infrastructure). In the construction of the aforementioned, the targeted actions of the European Parliament and the Council and the European Commission since 2018 have been focused on the rules on the transfer of ownership (especially over securities) and the effects of assigning claims to third parties. The aim of this proposal was to ensure legal certainty by establishing uniform rules for the conflict of laws at the level of the Union and thereby help to increase the number of crossborder transactions with claims. A contribution to legal certainty is the determination of unique rules on organizations that have as their activity the collection of claims, either in their own name and for their own account (this is preceded by the transfer of claims) or else in the name and for the account of creditors (the original creditor) or other recipients of claims, who acquired it in the process of disposing of this right. National regulations on the assignment of claims (national substantive law), mainly taking as a basis the Law on Obligations and the Law on Consumer Protection and the Enforcement Law in the focus of the regulation, do not provide a sufficient legal basis for all aspects of debtor's protection, not even in terms of creditor protection. Such a situation conditioned or produced the current chaos on the internal capital market and the emergence of numerous debt collection agencies and confusion in the way they operate and collect debts with frequent violations of the right to protect personal data. In this regard, the law also shows as living organism which is subject to constant changes through the creation of new regulations or the modification of existing ones. The influence of European regulations on national regulations is not only predictable, but also a legal obligation of the Republic of Croatia as a member of the European Union. Capital trading on the capital market simply requires a review, at least of the modern regulations from 2005 or even later in every respect.

Abstract The Snorre A blowout on well P-31 A on November 28, 2004, was a well control incident that sent percussions into our national and corporate HSE management systems. These percussions still resonate in our everyday work as a part of a comprehensive set of rules which encompass national regulations, industry standards, corporate functional, technical, or work requirements, as well as an integrated governing work process management system. Some of these rules have been embraced with a positive attitude and are now a natural part of our day-to-day work. They prepare for technical, organizational, and operational barriers that secure the safety of all personnel, shield the value of our investments and assets, and protect the environment. Some of these rules, however, may be perceived as dead weight and barriers in the sense of hindrances that may hamper an efficient workday and fill our agenda with many formal demands and obligations. This paper pinpoints and reviews "the change in rules" that the Snorre incident caused regarding planning, execution, and follow-up of drilling and well (D+W) operations on government, industry, and corporate level. The major failures that the investigations of the incident revealed have been handled diligently in our corporate system. In this paper, we track how management involvement, management of change, and "compliance and leadership" work in practice. The day-to-day tasks to prepare for safe D+W operations and to secure the integrity of wells in operations are explained. As an illustrative exercise, we are setting up a hypothetical plan for Snorre P-31 A as the D+W operations would have been planned today. This is done by outlining well barrier schematics, risk assessments, and the processes to handle deviations from technical or work requirements. Our objective is to explain that risk management in the planning and the execution of D+W operations and for wells in operations is coherent. To avoid the recurrence of incidents such as Snorre P-31 A, a systematic and rigorous approach is in use that makes it likely to capture inadequate well integrity conditions. This approach links high-end government regulations to sharp-end detailed operational risk management in our HSE management system.

Industrial policy refers to the policy of industrial development, where the term “industry” encompasses the organization and strategic man­agement of human and material resources. The aim of this policy is primarily to stimulate and secure the tracking of structural adjustments and restruc­turing of companies in order to empower them to grasp the changes within the business environment and to face the economic challenges and increased competition on a global scale. Inclusive and sustainable industrial develop­ment means that all parts of society have equal benefits from industrial pro­gress, which, in addition, enables the satisfaction of basic social and human needs. Such industrial development enables a continuous increase in the living standard for all people and new technological solutions for environ­mentally friendly industrialization. Successful implementation of inclusive and sustainable industrial development in the age of globalization requires approaches that use globally available knowledge, technology, innovation and capital. The determination of the Republic of Serbia to join the EU entails the obligation to respect inclusive and sustainable industrial development. In order to achieve sustainable industrial development in the Republic of Serbia, it is necessary to promote the circular economy and educate business entities. Business entities must be introduced to the importance of more effi­cient use of material resources and possible savings in industrial processes, through the organization of promotional and educational gatherings and the use of services of centers that are active in this sector.

This working paper explores the importance of legal identity from both a theoretical and operational point of view. The need to investigate and deepen the understanding of the implications of being sans papiers in relation to social exclusion and governance issues is highlighted. This paper argues that proof of an adequate and secure identity document is not only the base of a democratic society and obligation of all governments, but also a fundamental citizenship right.

Electronic tax services represent a promising opportunity to strengthen business tax compliance in developing countries, particularly in Africa, where the level of business informality remains high. These services offer more inclusive, secure, and rapid access to tax processes to enable businesses to meet their tax obligations more efficiently. The use of electronic platforms also helps businesses to maintain more accurate financial records, which improves the quality of tax returns and enhances the perception of the effectiveness of controls by tax authorities. In addition, these technologies increase the transparency and predictability of the tax system by providing reliable and easily accessible data for tax calculations. They also enable governments to encourage the formalisation of informal businesses by introducing tax incentives or reducing certain taxes on digital transactions. This approach, increasingly adopted by African governments, aims to modernise tax systems while addressing the challenges of mobilising domestic resources and integrating informal businesses into the formal economy. In Burkina Faso, the government took a decisive step in April 2018 by launching eSINTAX, a digital platform dedicated to the declaration and payment of taxes. This initiative is part of a broader drive towards tax modernisation, aimed at improving compliance, reducing tax evasion, and bringing more businesses into the formal tax framework. Summary of ICTD Working Paper 209.

This Regional Sediment Management technical report outlines initial steps to implement a proof-of-concept physical model to develop demonstration-scale evidence that supports managed wetland transgression through sediment augmentation via a thin-layer placement strategy. The proof-of-concept physical model will evaluate the ability of thin-layer placement to increase elevation and enhance recruitment within coastal scrub mangrove wetlands most vulnerable to sea-level rise. The investigation sought to identify feasible project locations, sediment sources that included beneficial use of dredged material opportunities, and environmentally acceptable construction techniques. Results of this initial step will be used to secure funding to permit, construct, implement, and monitor the proof-of-concept physical model. The results of this initiative will inform and direct management measure development for the ongoing Biscayne Bay Southeastern Everglades Restoration Project, the only coastal component of the Comprehensive Everglades Restoration Plan and the only component with an obligation to increase habitat resilience. Results are applicable to areas throughout the Gulf, Atlantic, and Pacific Coasts of the United States where direct preservation, enhancement, and restoration of mangrove and other coastal wetland communities will build coastal resiliency, reduce storm hazards damage, and create habitat for a variety of fish and wildlife species, particularly as sea levels rise.

There is increasingly strong evidence that taxation can contribute to expanded government responsiveness and accountability. However, such positive connections are not guaranteed. Rather, they are shaped by the political and economic context and specific policies adopted by governments and civil society actors. Without an environment that enables tax bargaining, there is a risk that taxation will amount to little more than forceful extraction. We consider how such enabling environments may be fostered through two mixed methods case studies of tax transparency and taxpayer engagement in Sierra Leone and Ghana. We highlight two key sets of findings. First, tax transparency is only meaningful if it is accessible and easily understood by taxpayers and relates to their everyday experiences and priorities. In particular, we find that taxpayers do not just want basic information about tax obligations or aggregate revenue collected, but information about how much revenue should have been collected and how revenues were spent. At the same time, taxpayers do not want information to be shared with them through a one-way form of communication, but rather want to have spaces for dialogue and interaction with tax and government officials, including through public meetings and radio call-in programmes. Second, strategies to encourage taxpayer engagement are more likely to be effective where forums for engagement are perceived by taxpayers to be safe, secure, and sincere means through which to engage with government officials. This has been most successful where governments have visibly demonstrated responsiveness to citizen concerns, even on a small scale, while partnering with civil society to foster trust, dialogue and expanded knowledge. These findings have significant implications for how governments design taxpayer education and engagement programmes and how civil society actors and development partners can support more equitable and accountable tax systems. Our findings provide concrete lessons for how governments can ensure that information shared with taxpayers is meaningful and accessible. Moreover, we show that civil society actors can play important roles as translators of tax information, enablers of public forums and dialogues around tax issues, and trainers of taxpayers, supporting greater tax literacy and sustained citizen engagement.

The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.

For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.

The purpose of this policy is to provide a framework for Research Data Management (RDM) in the University throughout the stages of the research cycle. This includes, but is not limited to, collection, curation,secure storage, organisation, retrieval, re-use, sharing, archiving, and access of research data, in accordance with international best practice, legal, statutory, ethical, contractual and intellectual property obligations, and the requirements of research funding bodies, publishers and stakeholders. The University and researchers will make all best efforts to make sure they are consistent with this policy.

The purpose of this policy is to provide a framework for Research Data Management (RDM) in the University throughout the stages of the research cycle. This includes, but is not limited to, collection, curation, secure storage, organisation, retrieval, re-use, sharing, archiving, and access of research data, in accordance with international best practice, legal, statutory, ethical, contractual and intellectual property obligations, and the requirements of research funding bodies, publishers and stakeholders. The University and researchers will make all best efforts to make sure they are consistent with this policy.

Despite recent declines in university enrolment due to the COVID-19 pandemic and other factors, the number of university students has continued to grow in Cambodia. In fact, in its recent Education 2030 Roadmap, the Ministry of Education, Youth and Sport (MoEYS) estimates that there will be twice as many students enrolled in higher education in 2030 as there were in 2018 (MoEYS 2019a, 36). The field students choose as their major when they enrol in higher education orients their pathway into future career opportunities and impacts the country’s educated workforce. The Royal Government of Cambodia (RGC) has pushed for more students to enrol in STEM majors especially to contribute to Cambodia’s economic development future (MoEYS 2019b). Thus, understanding how students decide on their university major can shed light on how to best support and encourage more women and others from marginalised groups to pursue a pathway through higher education that is meaningful to them and their families. This paper provides qualitative insight into how four young women (Kravann, Samedy, Sophal, and Pheara; pseudonyms) chose their university major by engaging with and reflecting on guidance they received from their parents. Based on social science literature, two key issues would be expected to impact young women’s experiences as they prepare to enrol in university and choose a university major: having role models and fulfilling their obligations to their parents. First, many young women in university today are the first women in their family to pursue higher education, and so they are forging new pathways for themselves with a limited number of role models and potential mentors to guide them. In fact, a 2014 survey of women university students found they were primarily stressed about whether their major would enable them to reliably secure employment after graduation (Kaing 2014). Thus, choosing a major is a significant moment in which women turn to elders, such as their parents, for guidance and help even if the people guiding them have limited knowledge or experience in these systems. Second, part of young women’s calculations for their future also revolves around fulfilling their commitment to their family and caring for their parents as they age in ways that align with Cambodian Theravada Buddhist principles. The fulfilment of a child’s moral obligation to their parents—referred to in other contexts as filial piety (Oxfeld 2010; Shohet 2021; Simon 2014; Mills 1999)—changes as they grow from adolescents to adults and includes support in daily tasks but also extends to financial support. Both birth order and gender also influence the kinds of support Cambodian parents expect of their children and children learn to return to their parents (Smith-Hefner 1999, 95). Regardless, children’s actions should come from their own intrinsic desire to care for their parents, and so young women must balance performing their appropriate role in the parent-child hierarchical relationship and following their desires to pursue a university major that suits their interests. Research questions This working paper considers how young women are incorporating and responding to guidance from their parents in their decision-making process. Specifically, it considers the following key questions: To what extent have young women turned to their parents as a source of guidance when they decided on a university major? How did young women describe their relationship with their parents? How did that relationship get reinforced or change as the young women decided on their university major? To what extent did each young woman feel they could negotiate the guidance their parents gave? The data in this working paper is a small portion of a larger anthropological dissertation research project. In that larger project, I conducted semi-structured interviews lasting between 90 and 180 minutes each with 62 university students and recent graduates of universities in Phnom Penh over 12 months in 2021 and 2022. Based on common themes and demographic similarities across all my interlocutors, I selected four young women’s narratives—Kravann, Samedy, Sophal, and Pheara—to represent the spectrum of experiences my young female interlocutors faced as they chose their major. Their experiences cut across geographic boundaries (Kravann and Pheara grew up in Phnom Penh, Sophal grew up in a district town in Battambang, and Samedy was from a more rural area in Pailin) while the women share a similar birth order position in their families and their parents are employed in jobs associated with the middle class. The findings section presents each of the four young women’s narratives describing how they chose their university major, responded to their parents’ guidance, whether they felt the need to negotiate that guidance, and their view of their relationship with their parents. I grouped the narratives into two pairs: one where the women turn to and rely on parental guidance, and the second where the women view parental guidance as a starting point for their exploration. This grouping most clearly shows the similarities and differences across the four young women’s experiences. Yet, the boundaries between the two groups remain porous. Discussion The two pairs—one relying on parental guidance and the second using parental guidance as a starting point—illuminate common patterns in how my interlocutors negotiated with their parents about what major to pursue. Their negotiation practices also provide insight into how the young women adhere to longstanding gender norms and how they think about their relationship with their parents as a result. For Kravann and Samedy who turned to parental guidance, parents are clearly positioned as hierarchically superior to their children and are put into the position of being the most trustworthy and deeply knowledgeable guides for their children’s lives. Both Kravann and Samedy negotiated with their parents about what major they would pursue and, in the end, indicated that their relationships with their parents had shifted and taken on a new tension. Thus, Kravann and Samedy’s experiences reflect past literature describing parent-daughter relationships and expectations parents have for their daughters. For Sophal and Pheara who used parental guidance as a starting point, their experiences demonstrate a different way young women approached both parents’ and child’s roles in the decision-making process. Their approach was characterized by when they sought out their parents’ guidance, a willingness to seek out alternatives, and how they viewed parent-child relationships in Cambodia today. Both Sophal’s and Pheara’s parents gave them space to think about and make their own decision. As a result, their experiences more closely align with recent survey findings indicating that the responsibility for making significant life decisions is shifting from the parents and onto children (see Eng et al. 2019). Heuveline’s (2016) research focusing on marriage residency may point to another possibility: families are willing to adapt longstanding norms for practical reasons, such as employment. It is possible that older generations feel unaware of the changing world of higher education and employment, and so are relying on their children for more input into decisions that were previously directed by parents. However, even if parent-child relationships are changing, all four young women continue to be concerned about choosing a major that suited their interests and could translate into well-paid, stable employment. Kravann, Samedy, Sophal, and Pheara all want to be sure they can support themselves and their families in the future. Recommendations This working paper’s findings indicate that building better resources and providing mentorship opportunities would provide support for students and their parents as they decide what major to pursue in university. The resources that students would most benefit from is consistently updated information on universities, the majors they offer, and what jobs students could have after graduation. Building these resources could take three forms: 1) updating the current printed handbook given to Grade 12 students with university input, 2) developing a series of easily accessible, asynchronous online resources, and 3) coordinating a traveling workshop aimed at helping high school students explore their interests and learn to set goals for themselves. A second recommendation would be to host and make publicly available interviews or blog posts highlighting individuals from marginalised groups in a variety of fields of study and careers. The people highlighted could serve as role models for students to learn from as they chart their path and negotiate options with their families that extend beyond their immediate experience. Both sets of recommendations should utilise social media and other asynchronous and easily accessible resources to ensure that students and their parents have access to this information in a variety of formats across geographic areas.

Banco de la República provides a comprehensive overview of Colombia’s finan¬cial infrastructure in its Payment Systems Report, which is an important product of the work it does to oversee that infrastructure. The figures published in this edition of the report are for the year 2020, a pandemic period in which the con¬tainment measures designed and adopted to alleviate the strain on the health system led to a sharp reduction in economic activity and consumption in Colom¬bia, as was the case in most countries. At the start of the pandemic, the Board of Directors of Banco de la República adopted decisions that were necessary to supply the market with ample liquid¬ity in pesos and US dollars to guarantee market stability, protect the payment system and preserve the supply of credit. The pronounced growth in mone¬tary aggregates reflected an increased preference for liquidity, which Banco de la República addressed at the right time. These decisions were implemented through operations that were cleared and settled via the financial infrastructure. The second section of this report, following the introduction, offers an analysis of how the various financial infrastructures in Colombia have evolved and per¬formed. One of the highlights is the large-value payment system (CUD), which registered more momentum in 2020 than during the previous year, mainly be¬cause of an increase in average daily remunerated deposits made with Banco de la República by the General Directorate of Public Credit and the National Treasury (DGCPTN), as well as more activity in the sell/buy-back market with sovereign debt. Consequently, with more activity in the CUD, the Central Securi¬ties Depository (DCV) experienced an added impetus sparked by an increase in the money market for bonds and securities placed on the primary market by the national government. The value of operations cleared and settled through the Colombian Central Counterparty (CRCC) continues to grow, propelled largely by peso/dollar non-deliverable forward (NDF) contracts. With respect to the CRCC, it is important to note this clearing house has been in charge of managing risks and clearing and settling operations in the peso/dollar spot market since the end of last year, following its merger with the Foreign Exchange Clearing House of Colombia (CCDC). Since the final quarter of 2020, the CRCC has also been re¬sponsible for clearing and settlement in the equities market, which was former¬ly done by the Colombian Stock Exchange (BVC). The third section of this report provides an all-inclusive view of payments in the market for goods and services; namely, transactions carried out by members of the public and non-financial institutions. During the pandemic, inter- and intra-bank electronic funds transfers, which originate mostly with companies, increased in both the number and value of transactions with respect to 2019. However, debit and credit card payments, which are made largely by private citizens, declined compared to 2019. The incidence of payment by check contin¬ue to drop, exhibiting quite a pronounced downward trend during the past last year. To supplement to the information on electronic funds transfers, section three includes a segment (Box 4) characterizing the population with savings and checking accounts, based on data from a survey by Banco de la República con-cerning the perception of the use of payment instruments in 2019. There also is segment (Box 2) on the growth in transactions with a mobile wallet provided by a company specialized in electronic deposits and payments (Sedpe). It shows the number of users and the value of their transactions have increased since the wallet was introduced in late 2017, particularly during the pandemic. In addition, there is a diagnosis of the effects of the pandemic on the payment patterns of the population, based on data related to the use of cash in circu¬lation, payments with electronic instruments, and consumption and consumer confidence. The conclusion is that the collapse in the consumer confidence in¬dex and the drop in private consumption led to changes in the public’s pay¬ment patterns. Credit and debit card purchases were down, while payments for goods and services through electronic funds transfers increased. These findings, coupled with the considerable increase in cash in circulation, might indicate a possible precautionary cash hoarding by individuals and more use of cash as a payment instrument. There is also a segment (in Focus 3) on the major changes introduced in regulations on the retail-value payment system in Colombia, as provided for in Decree 1692 of December 2020. The fourth section of this report refers to the important innovations and tech¬nological changes that have occurred in the retail-value payment system. Four themes are highlighted in this respect. The first is a key point in building the financial infrastructure for instant payments. It involves of the design and im¬plementation of overlay schemes, a technological development that allows the various participants in the payment chain to communicate openly. The result is a high degree of interoperability among the different payment service providers. The second topic explores developments in the international debate on central bank digital currency (CBDC). The purpose is to understand how it could impact the retail-value payment system and the use of cash if it were to be issued. The third topic is related to new forms of payment initiation, such as QR codes, bio¬metrics or near field communication (NFC) technology. These seemingly small changes can have a major impact on the user’s experience with the retail-value payment system. The fourth theme is the growth in payments via mobile tele¬phone and the internet. The report ends in section five with a review of two papers on applied research done at Banco de la República in 2020. The first analyzes the extent of the CRCC’s capital, acknowledging the relevant role this infrastructure has acquired in pro¬viding clearing and settlement services for various financial markets in Colom¬bia. The capital requirements defined for central counterparties in some jurisdic¬tions are explored, and the risks to be hedged are identified from the standpoint of the service these type of institutions offer to the market and those associated with their corporate activity. The CRCC’s capital levels are analyzed in light of what has been observed in the European Union’s regulations, and the conclusion is that the CRCC has a scheme of security rings very similar to those applied internationally and the extent of its capital exceeds what is stipulated in Colombian regulations, being sufficient to hedge other risks. The second study presents an algorithm used to identify and quantify the liquidity sources that CUD’s participants use under normal conditions to meet their daily obligations in the local financial market. This algorithm can be used as a tool to monitor intraday liquidity. Leonardo Villar Gómez Governor