bluuebunny/crossref_metadata_2025 huggingface dataset:
Costs
Authors: Amerasinghe C F
Published: November 2023

International administrative tribunals have generally awarded costs for expenses incurred in litigation where they have seen fit. This is so, as will be seen, whether their Statutes expressly authorize the award of costs or not. In fact few Statutes refer specifically to the question of costs. As already seen in Chapter 26, it seems to be a general principle of law that an international administrative tribunal, although a court of limited jurisdiction, has authority to award costs, where appropriate. In general, except where the Statute of the tribunal states otherwise, tribunals observe the maxim ne ultra petitum in not awarding costs, unless they are requested by the party concerned, but this is not always the case. The ILOAT, for instance, would award costs even where the applicant has not requested them.
Classification and Grading of Posts
Authors: Amerasinghe C F
Published: November 2023

In almost all international organizations, posts are assigned certain grades or classified, primarily in order to ensure that officials with comparable powers and performing comparable duties are paid comparable salaries or are placed in the same salary range or bracket. As was stated by the management of the World Bank in a circular to staff members, one of the main objectives of the job grading programme recently initiated by the World Bank was ‘to assure all positions are graded properly and fairly so as to ensure equal pay for work of equal value and fair salary differential between work of different values.’ In the process, which may vary widely from organization to organization, generally posts are assigned a grade or classification according to the content of the job done which depends on a description, express or implied, of the duties and powers associated with a particular post, sometimes called a ‘job description’. Since the primary objective of the grading or classification of posts is equitable salary administration which is achieved by the grouping of posts in categories or grades, the whole process of grading or classification of posts can be a very sensitive issue and a very difficult one for organizations to administer.
The Redundancy of Knowing Assistance
Authors: Hoffmann Sir Leonard
Published: November 2023

Imagine two incidents in the daily business of a bank. In the documentary credits department, a first demand performance bond issued on behalf of a customer in the Middle Eastern construction business has been presented for payment. A fax has been received from the customer’s solicitors, saying that there are no grounds whatever for a claim on the bond and that the beneficiary, a state owned Middle Eastern corporation, is flagrantly attempting to help itself to a discount on the price. Once payment has been made, there will be little chance of recovery in the courts of the beneficiary’s country. On the other hand, the demand is accompanied by a fax from the beneficiary, which so far as legible and intelligible, seems to list a catalogue of defects in the construction.
Gifts of Other People’s Money
Authors: Birks Peter
Published: November 2023

Charities, political parties and lovers, if one may use that word to embrace both sexes, have this in common, that they are frequently the objects of generous although not always disinterested giving. The Asil Nadir affair, however, and the recent experience of the Conservative party in that matter, recall what is anyhow well known, that some donors find it easier to be openhanded with money other than their own. A question thus arises in the law of restitution. When the story comes out, must the donee make restitution to the true but unknowing benefactor? Suppose, for example, that a tycoon takes the money of one of his companies and gives it to a political party. Can the company reclaim that money and, if so, under what conditions? Does it have to show that the money is still in the hands of the political party? Does it have to establish that the party knew that the donor was misdirecting money not his own? The answers to these questions are not in serious doubt. Yes, the company can recover. No, it need not show either that the money survives or that the donee knew. The restitutionary liability of the donee is strict, albeit subject to defences. But a number of cases, all of them argued on the basis of chancery authorities but few of them actually concerned with donees, have somewhat muddied the waters.
Introduction: Governing with Rules
Authors: Baldwin Robert
Published: November 2023

At first glance the world appears to be regulated by a host of different kinds of rule. The park by its by-laws, the city by its codes of practice, and the public corporation by its statute law. A second look, however, dispels the notion that all aspects of life are so tightly governed. Some activities are not covered by rules at all, large areas of action are unregulated, and in many fields the supposedly governing rules are bypassed, or compli-ance is so lacking that intended results are not achieved. Those engaged in government may proceed by means other than by the application or promulgation of rules. They may act executively or managerially, by means of decisions linked to inquiries, by consultations, mediations or arbitrations, or they may establish a variety of procedures for dealing with issues on a case-by-case basis. In some sectors, constraints on behavior operate but not in the form of rules-thus other, perhaps political, cultural, or social systems of controlling, checking, and scrutinizing may take effect. Why different processes or controls are in operation is often not immediately explicable. ‘What’, one might therefore ask, ‘can best be done according to rules?’
The Crown Prosecution Service: The Potential Sentencers
Authors: Fionda Julia
Published: November 2023

THE prosecution system of England and Wales has been the subject of possibly the most significant, fundamental reform programme in British criminal justice this century. The creation of a new, independent public prosecution service in 1986 heralded a constitutional breakthrough in removing the responsibility for the prosecution of criminal offences away from the police and investing it in a new, publicly accountable agency, thereby ending a tradition of over 150 years. The police were designated the first public prosecutors in 1829, rather more circumstantially than deliberately, due to the absence of a suitable alternative public agency. They have finally now been returned to their primarily investigative role. Fifty years later the post of Director of Public Prosecutions (DPP) was established by the Prosecution of Offences Act 1879 to: ‘institute, under take or carry on such proceedings and to give such advice or assistance to chief officers of police, clerks to the justices and other persons, as may be for the time being prescribed by Regulations under this Act or may be directed in a special case by the Attorney-General.’ The nature and number of cases in which the DPP is entitled to intervene, however, is relatively small and includes a number of serious offences such as homicide cases, large-scale fraud cases (under the Prosecution of Offences Regulations 1978), complaints of alleged criminal behaviour committed by a police officer (under s. 49 of the Police Act 1964), and a number of sensitive areas of criminality where the DPP’s consent is required before a public prosecution can proceed.1 Under the Prosecution of Offences Act 1985, s. 1(7), any Crown Prosecutor can now act on behalf of the DPP in consenting to such prosecutions.
The German Prosecution System: The Developing Sentencers
Authors: Fionda Julia
Published: November 2023

The office of public prosecutor in Germany is relatively new. The office of Staatsanwaltschaft, created around the middle of the nineteenth century, was essentially a compromise between the earlier situation in which an inquisitorial judge carried the responsibility for the investigation, prosecution, and adjudication processes, and a suggested alternative, in which the injured party should take over the prosecution role, with extensive rights of private prosecution. In the former situation, the prosecutor was found to be too closely connected with the investigative and adjudication processes to be sufficiently objective. The latter situation, with no public monopoly over prosecution, was thought to be equally undesirable.
Obligations of Non-Discrimination
Authors: Qc Herne Hill , Joseph Sarah
Published: November 2023

Discrimination, inequality, and prejudice occur throughout the world, including the United Kingdom. They can involve the most insidious human rights problems, especially if they are historically, and even unconsciously, rooted in a population’s psyche. American slavery, the Holocaust, and South African apartheid are among the countless tragic episodes that show how discrimination can engender gross human rights abuses, affronting human dignity.
The Complementarity of the Covenant and the European Convention on Human Rights—Recent Developments
Authors: Schmidt* Markus G
Published: November 2023

It goes without saying that both the European Convention on the Protection of Human Rights and Fundamental Freedoms (‘ECHR’ or ‘European Convention’) and the International Covenant on Civil and Political Rights (‘ICCPR’ or ‘Covenant’) are milestones in the international community’s post-war endeavours to strengthen the international protection of human rights and fundamental freedoms. Both protect a fairly comprehensive range of civil and political rights. While the scope of coverage of the two instruments is comparable, there are nonetheless some noteworthy differences. The following passages propose to highlight and to analyse some of these differences, without purporting to be exhaustive.
The Law of Subrogation
Authors: Mitchell Charles
Published: November 2023

This book seeks to rationalize the position of the doctrine of subrogation within the general law of restitution. Within a systematic analytical framework, it gives a full account of the developing English and Commonwealth law of subrogation, and a selctive use is also made of United States decisions. A number of false assumptions which have entered the case-law are exposed, and the principles upon which subrogation should be awarded are set on a regular basis. Subrogation is a remedy which can be awarded in many different contexts, and this definitive account will be useful not only to restitution lawyers, but also to academics and practitioners concerned with the law of property, commercial law (in particular, the law of insurance, bills of exchange, and principal and surety), and even family law.
When Does Payment by an Intervener Discharge Another Party’s Obligations?
Authors: Mitchell Charles
Published: November 2023

To determine whether the type of subrogation to which S may be entitled is simple or reviving subrogation, it must first be known whether or not PL’s obligations have been discharged and RH’s corresponding rights extinguished. In essence there are three different routes by which S’s money can come to be paid to RH: Scan pay money to PL which PL then pays to RH; S can himself pay RH directly; S can pay money to some fourth party X, which X then pays to RH. Where S pays money to PL and PL then pays the money to RH, there is usually no difficulty in saying that RH’s rights are extinguished by PL’s payment. However, under the present English law the position is far less straightforward where RH is paid not by PL himself, but by an intervener-that is, by either S or X.
Duress and Undue Influence
Authors: Mitchell Charles
Published: November 2023

No cases have been found in which a payor under duress or undue influence has brought an action claiming subrogation. However, some general remarks can be made on the possibility that such a claim might be brought in the future. It should be stated first that a payor under illegitimate compulsion should be entitled not only to bring a restitutionary claim to recover his payment1 but also to assert a proprietary claim to his money. Two Canadian cases which can arguably be explained on this basis are Phoenix Assurance Co of Canada v. Corporation of the City ofToronto2 and Zaidan Group Ltd v. City oflondon,3 where over-payors of tax were allowed to bring proprietary claims to recover their money from the relevant public authorities (although it must be conceded that in Woolwich Equitable Building Society v. IRC4 the House of Lords has now held that payments of ultra vires public demands are sui generis and so outside the scope of analysis as payments under illegitimate compulsion).5 The award of a proprietary claim to a payor under illegitimate compulsion seems justifiable on the basis that he never voluntarily undertakes the risk that his payee will become insolvent. It may alternatively be justified on the basis that he retains a proprietary interest in the money he pays because his intention to transfer ownership of the money to his payee is vitiated by the element of illegitimate compulsion that underlies his payment. In this latter respect the position of a payor under illegitimate compulsion may be likened to that of a payor under an induced mistake. In both cases, the payor can rescind the contract under which he agreed to pay ab initio and in both cases it can therefore be said that property in the money never passed to the payee, and hence that the payor has a proprietary base to his claim to recover the money. From this it follows that a payor under illegitimate compulsion should in appropriate circumstances be entitled to trace his money into the discharge of secured rights, and to acquire these via reviving subrogation.
Reform and the Current Legislation
Authors: Cardwell Michael
Published: November 2023

This series of further allocations would alone have been sufficient to place strain on the milk quota system. However, as the time arrived for the Community Lo decide whether or not to retain quotas beyond 31 March 1992, several other areas of persistent difliculty could he identified; and the need for reform became imperativc.
Innovations in Contract: An Australian Analysis
Authors: Gleeson * A M
Published: November 2023

In recent years, in certain common law jurisdictions, the law relating to contracts has been affected by substantial change. At the risk of disturbing the previous level of certainty in the law, judges have set out to identify and develop principles capable of making the law more responsive to what they see as the requirements of justice. Whilst there is still a strong reluctance on the part of the courts to introduce the intricacies of trusts and fiduciary obligations into ordinary commercial transactions,1 there has been an increasing willingness to invoke principles of equity to modify what has been regarded as the inflexibility of the common law. The concepts of unconscionability and unjust enrichment have been of central importance in this process.
A State of Flux
Authors: Davies J D
Published: November 2023

The series of seminars has had, for its subject, the Frontiers of Liability. Such a subject does not raise only the question of what the rules may be at the frontier. It also raises the question of the effect of the changing rules at the frontier on adjacent territories of law and on established divisions of the law (including, to Professor Birks’ dismay, that between property and obligation). Our conception of the categories within which we usually envisage our rules of law as falling is affected. This is manifestly an issue that arises when we think about Constructive Trusts, but I will return to that later. For I want to start with Family Property Law, an area that is discussed in each paper, and in depth. I share the reservations expressed in one of those paper sand by many others in the course of the seminaron whether it is a good way of approaching Constructive Trusts; but it serves to introduce the subject.
Euro-Crime and Euro-Policing
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil
Published: November 2023

The creation of Europe-wide policing structures and organizations presupposes a problem: the existence of European criminality. Public anxieties about the new criminal threat within the EU and from the East have increased as a consequence of intensive political and media attention devoted to ‘Euro-crime’ and international crime (Den Boer 19946). This chapter offers a critical analysis of the main issues in the policy-making debate on the relationship between transfrontier crime and international policing. The first of these issues is the general presupposition that ‘national’ and ‘international’ crime are increasing, partly as a consequence of relaxed border controls. This relates to a second issue, which is the doubtful reliability of comparative crime statistics and the lack of hard evidence about the relationship between border controls and crime levels. A clear definition of what constitutes international crime is usually not given in the annual reports of the national intelligence services and is absent in most discussions. Yet, certain crimes tend to be automatically associated with international or transnational potential, in particular, organized crime. This chapter views criminal activities in two ways. First, crimes are the exploitation of socio-economic opportunities and of weak nesses in crime prevention and law enforcement regimes. Second, crimes are activities defined as such by positive law. Hence, society exercises control over the definition of crime. In this chapter we analyse how crimes, while sometimes having transfrontier ramifications, may be defined differently in the individual European criminal justice systems.
The European Union and Criminal Law
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil
Published: November 2023

This chapter examines the jurisdiction of the European Union in criminal justice matters. Cross-border police co-operation in the EU is hampered by the diversity of national rules concerning police powers, substantive criminal offences and criminal procedures (Zachert 1992: 32-33). Some physical barriers at the frontiers between EU Member States may have been abolished but national borders continue to mark important dividing lines between them from a legal point of view. In principle, the jurisdiction of the police and criminal authorities of each Member State begins and ends at the frontier. The reluctance to depart from this expression of state sovereignty was very well illustrated by the tortuous negotiations surrounding the regulation of the right of hot pursuit in the Schengen Convention.1 The basic agreement to allow hot pursuit has been made subject to a large number of national reservations (Kuhne 1991: 155-8) and, according to Article 41(5) of the Convention, ‘pursuing officers must comply with the provisions of the law of the Contracting Party in whose territory they are operating’. In other words, Schengen does not allow police powers to be ‘transported’ from one Contracting State to another.
Mental Condition Defences in the Criminal Law
Authors: Mackay R d.
Published: November 2023

Mental condition defences have been used in several high-profile and controversial criminal trials in recent years. indeed, mental abnormality is increasingly an important yet complex source of defence within the criminal trial process. The author offers a detailed critical analysis of those defences within the Criminal Law where the accused relies on some form of mental abnormality as a source of defence. Topics covered include: the defences of automatism, insanity, diminished responsibility, and infanticide; self-induced incapacity; and the doctrine of fault. It also includes a chapter on unfitness to plead, which although not a defence has been included because of its important relationship to mental disorder within the criminal process. Drawing upon a wide variety of legal, psychiatric, and philosophical sources, this is a timely contribution to a controversial and complex topic.
The Practical Need For Security and the Economics of Security
Authors: Röver Jan-Hendrik
Published: November 2023

Market economies thrive on credit. Credit enables companies and private persons to enlarge their scope for financial manoeuvre. With the assistance of credit they are able to finance activities which they are either not able to finance on the basis of their current income or assets or which they are unwilling to finance from their current income or assets. The purchase of real estate for private use is an example of the former situation; the financing of a company acquisition with a large amount of debt to increase the return on own funds (so-called leverage effect) an example of the latter situation. Credit can be used for many purposes, such as financing operating expenses, investment costs, or acquisitions.
Publicity of Security
Authors: Röver Jan-Hendrik
Published: November 2023

Security rights are widely held to require publicity to avoid the impression of ‘false wealth’. Publicizing a security right will ensure that unsecured creditors are aware that assets are allocated to a particular creditor.1 The most important issue is to determine the method of publicity, be it registration, taking of possession, or giving of notice to a party.
Definitions of the Term ‘People’
Authors: Musgrave Thomas D
Published: November 2023

In the post-war period international instruments and resolutions relating to self-determination have invariably referred to the ‘people’ as being entitled to the right of self-determination. The meaning of the term ‘people’ is therefore vital to the understanding and application of the right of self determination. Yet this term has never been defined in any comprehensive or satisfactory manner. Sir Ivor Jennings, in his oft-quoted remark, noted that at first glance self-determination seemed pre-eminently simple and reasonable: let the people decide their own fate. The problem, however, was that ‘the people cannot decide until someone decides who are the people’.
Secession
Authors: Musgrave Thomas D
Published: November 2023

The Charter of the United Nations and several other international instruments refer to the concept of self-determination in terms of its relationship to ‘peoples’. Self-determination in international law is the process whereby ‘peoples’ are entitled to determine their own political status. However, self determination also necessarily involves territorial considerations of one sort or another. A claim to self-determination is usually not only a claim by a people to determine their own political status, but also represents a claim to territory.1 If ethnic groups are defined as peoples, the territorial dismemberment of existing states could ensue if such groups decided to form their own nation-states. This Chapter examines territorial integrity and the question of secession with respect to both non-self-governing territories and independent states.
Historical Title
Authors: Musgrave Thomas D
Published: November 2023

Ethnic claims to self-determination challenge the principle of territorial integrity. An ethnic group seeking self-determination, by definition, threatens the territorial integrity and the boundaries of the state or states involved.
Introduction
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

The expression ‘child abduction’, being a creation of the media, is more at home in a newspaper headline than in a legal text.1 It is sufficiently wide in meaning to suggest a variety of possible acts, all wrongful and almost invariably harmful to the children involved. In the context of international private law, however, the phrase has become synonymous with the unilateral removal or retention of children by parents, guardians or close family members. It bears no relation to third party abductions or what are sometimes referred to as ‘classic kidnappings’. A parental abductor rarely seeks material gain; rather, he or she will aspire to the exercise of sole care and control over a son or daughter in a new jurisdiction.
Tracing: The Beginning of the Exercise
Authors: Smith Lionel D
Published: November 2023

Before beginning to examine the principles of tracing, which allow us to decide when an asset stands in the place of another asset in a sense importing legal consequences, it is important to consider under what circumstances the exercise of tracing can be attempted at all. The first section of this chapter considers what it is that we trace; this determines what a plaintiff must begin with in order to begin the exercise of tracing it. The conclusion is that we trace value, which moves from one reposi tory into another when one asset is substituted for another.
Proprietary Claims
Authors: Smith Lionel D
Published: November 2023

Most lawyers connect tracing with proprietary claims to traceable pro ceeds, and that is the subject of this chapter, which could fairly be called the heart of this Part. The first section discusses the different ways pro prietary rights are acquired, which allows us to better understand the assertion of proprietary claims consequent upon a successful tracing exercise. The second section examines whether the assertion of such claims can be justified. Some have argued that proprietary claims are overly protective of those who successfully assert them, to the detriment of creditors. Others argue that the protection afforded to holders of pro prietary rights is too weak according to the traditional principles, and have argued for wider protection.
Local Authorities and Swaps: Undermining the Market?
Authors: Mckendrick* Ewan
Published: November 2023

In the 33rd Lionel Cohen lecture delivered at the Faculty of Law of the Hebrew University of Jerusalem on 22 May 1990, Roy Goode challenged lawyers to think more carefully about the concept and implications of a market in commercial law. He argued that lawyers tend to assume that a market is ‘at bottom no more than the aggregate of a set of bilateral contracts’ but went on to demonstrate, with his customary vigour and insight, that ‘in terms of legal effect a market ... is a great deal more than the aggregate of bilateral contractual relationships’.
Legal Expenses Insurance
Authors: Prais Vivien
Published: November 2023

Lord Woolf has identified the present excessive and unpredictable cost of litigation as being ‘one of the most fundamental problems confronting the civil justice system’. His Interim Report contains proposals for a new ‘fast track’ procedure which will include fixed costs based on the value of the claim. The Report predicts that the new procedure ‘will improve access to justice for those who at present cannot afford to litigate’. It goes on, as something of an afterthought, to express the hope that ‘it should encourage the development of . . . legal expenses insurance’. It is understandable that Lord Woolf should be cautious in his approach. Previous high hopes for the expansion of legal expenses insurance (‘LEI’) as a means of funding access to justice and, in some quarters, as a partial substitute for Legal Aid, have been disappointed. However, the industry is now in a better position than for some years to respond to the challenge.
The Development of a Global Securities Market
Authors: Asher Bernard
Published: November 2023

I propose to consider this topic in two parts. In the first part of this Chapter, I would like to look at the various developments that are taking place in equity and bond markets.

In the second part, I will focus specifically on the global equity new issue market in order to highlight some of the legal and procedural hurdles which still need to be addressed in creating a truly global market.
Legal Aspects of a Global Securities Market
Authors: Sackman Simon , Coltman Margaret
Published: November 2023

Although the world is becoming a global market place for securities, this does not mean that there is, or indeed will be, a single capital market. Instead, what we now have is a collection of capital markets, which are becoming increasingly integrated and global in scope, with an increasing amount of freedom of movement between the markets.
Why Regulate Financial Services?
Authors: Ford Chris , Kay John
Published: November 2023

One of the first things that strikes someone with a background in utilities regulation is the sheer extent of financial services regulation. Any one who wishes to offer investment advice must be authorised under the Financial Services Act 1986 (FSA); any one who takes deposits requires approval from the Bank of England-apart, of course, from building societies who are regulated by their own Commission; insurance companies are regulated both by the DTI and under the FSA. As a result, whereas the typical utility regulator deals with few firms-OFWAT regulates 31 and OFGAS and OFTEL are largely concerned with one alone-the Personal Investment Authority has some 5,000 members ranging from sole traders to some of Britain’s largest companies.
Competition Between Securities Markets: Good or Bad?
Authors: Kitch Edmund W
Published: November 2023

The regulatory and institutional structure of securities markets is one of the ways that they compete with each other for business. London competes with New York and the continental markets. The over-the-counter markets compete with the exchange markets. The structure of a market may offer superior features such as greater depth, faster execution, less price impact, more confidentiality, more reliable clearing. Or it may offer lower costs. This competition is a factor that no regulator and no market can ignore. As a result it is an important determinant of the structure of securities regulation in every country. Is this a good or a bad thing?
Approaches to Market Regulation
Authors: Cheek James H
Published: November 2023

The Current Environment for Capital Market Regulation

The 20th century has seen radical changes in global financial markets and these changes are relentless as we approach the 21st century. Rapid technological development, innovative hybrid financial products, new auto mated trading systems, and concentration of investment power within institutions are late 20th century phenomena that have led to a true globalization of financial markets, with a record level of cross-border investment and trading.
Freedom of Assembly: Voting with Your Feet
Authors: Woolman Stuart , Waal Johan De
Published: November 2023

Protests, assemblies, and mass demonstrations have played a central role in the political struggles of the past forty years. Without the franchise, without representatives in government, without the freedom to engage in open and robust debate with other members of society, and with only limited access to the media, the majority of South Africans had but one mode of political participation available to them: at the right time and place they could ‘vote with their feet’, they could toyi-toyi, they could demonstrate. Even after the April 1994 election, however, demonstrations and assemblies are likely to continue to be an essential means of political participation. Despite the implementation of a constitutional order which guarantees all South Africans the whole panoply of recognized political rights, the remaining vast disparities in economic and social power mean that many South Africans will continue to have their political experiences primarily mediated by mass gatherings and demonstrations.
Freedom of Association: The Right to be We
Authors: Woolman Stuart , Waal Johan De
Published: November 2023

Whether a person is a classical liberal, like de Toqueville, or a social democrat, like Davis, chances are she’11 identify freedom of association as one of the essential ingredients for a flourishing liberal democracy. However, why she identifies association as foundational may well depend upon whether it is her politics, her culture, her religion, her family life, her class, or her race that she wishes to see served. As we shall see, associational freedom serves many masters.
Procedural Rights
Authors: Milton John , Cowling Michael , Leeuw Graham Van Der , Francis Mathew , Schwikkard PJ , Lund James
Published: November 2023

The rights discussed in this chapter relate to that branch of national law which is termed ‘procedural’ law. Procedural law is distinguished from ‘substantive’ law, which is that part of the legal system concerned with the rights attributed to and legal duties imposed upon particular persons in particular circumstances. Procedural law sets out the legal machinery whereby rights and duties are declared or enforced; it is thus ‘the machinery as distinguished from the product’.
Culture, Education, and Religion
Authors: Dlamini Charles
Published: November 2023

South Africa is a country characterized by cultural and religious diversity. For this reason it has been described as a ‘multi-lingual, multi-faith, multi-cultural, and multi-political’ country.1 The kaleidoscopic panorama of cultures, religions, and languages is both a strength and a weakness. While this cultural and religious pluralism adds to the colourfulness of the country, to enable these cultures, religions, and languages to coexist harmoniously in one geographical territory is not an easy task. The reason for this is that these cultures and religions often clash. Although the differences may not be too great, people tend to exaggerate and accentuate the differences in order to justify preferential treatment for their own particular group. There is a streak in human nature which makes people feel better than others upon whom they look down. Differences in culture may provide such a pretext. Because culture and religion are closely connected with emotions people are extremely sensitive to the way these are treated by outsiders. This brings about an element of rivalry and tension.
Criminal Appeals: An Orderly Reform
Authors: Windlesham Lord
Published: November 2023

Acts of Parliament making changes in a branch of substantive law or administration are rarely attributable to a single source. More often the momentum needed to gain a place in the Government’s legislative programme is generated from a multiplicity of sources. Yet in the session 1994-5 two legislative enactments altering com¬ponent parts of the machinery of criminal justice could be so described. The first was the Criminal Appeal Bill announced by the Prime Minister at the start of the session on 16 November 19941 and published in February 1995. The second measure was the Criminal Injuries Compensation Bill, which is the subject of the next Chapter.
Prologue: Donald Harris and the Early Years of the Oxford Centre
Authors: Hawkins Keith
Published: November 2023

Optimism is one of the first things you notice about Donald Harris. It is not surprising to learn, then, that at school and later as a university student law held a particular fascination for him, for here were rules that purported to organize society and to regulate human behaviour. Moreover, in contrast with other disciplines whose subject matter was determined by natural forces, law was a human artefact whose substance was entirely under human control and therefore perfectable. Don is quick now to acknowledge an irony in all of this in light of his subsequent scepticism about the capacity of rules to serve successfully as a mechanism for the attainment of social order. But in those days he clung to what he now regards as the idealistic view that, by changing the rules, you could change society for the better.
Introduction to the Case Study
Authors: Bowling Benjamin
Published: November 2023

The first part of this book presented a social context for the con temporary empirical research set our in Part II. Chapter 2 presented a history of racism in Britain and its emergence as a public issue. Chapters 3 and 4 described how policy on violent racism was formulated within central government and the police. Chapter 5 described the contribution of criminology to these developments and the theoretical and methodological approach to be adopted in the empirical research. We now turn to east London of the late 1980s and early 1990s and to an examination of victimization and policing based on a detailed case study.
Preventing Torture
Authors: Evans Malcolm D , Morgan Rod
Published: November 2023

In the 19th century the prohibition of judicial torture was celebrated as a triumph of civilisation. But in the aftermath of the 2nd World War it was necessary for the International community to re-emphasise, in the Universal Declaration of Human Rights, its abhorrence of torture: the proscription of torture became part of international customary law. But torture by agents of contemporary states persists, not least in the heart of Europe where reliance on the use of custody is growing once again. This pathbreaking documentary and empirical study - of a kind rarely undertaken in the field of international human rights law - considers in detail the work of the latest actor on the international stage attempting to prevent torture. The European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (the CPT), established in 1989, represents a new phase in international human rights intervention. The Council of Europe member states have given a Strasbourg-based Committee of experts an almost unfettered hand to examine their places of custody and report on what they find. The authors, an international lawyer and a criminologist, bring their different analytical perspectives to bear on this innovative human rights mechanism. The authors consider the nature of torture in the late 20th century and, given the pervasive culture of denial, the difficulties in combating it. They argue that utilitarian justifications for torture lurk just beneath the surface of modern liberal democratic state practice. They describe the background to the European Convention for the Prevention of Torture, examine the text and the modus operandi of the Committee, set the CPT’s standards against those of other international bodies and discuss how the work of the Committee should best be carried forward in an enlarged and increasingly diverse European community of nations.
Scientists: The Codification and Science of International Law
Authors: Janis Mark Weston
Published: November 2023

These final two chapters spotlight the period between the American Civil War (1861–1865) and World War I (1914–1918), the most optimistic years of all for American international law. We begin by exploring the somewhat curious late-nineteenth-century penchant for the codification and science of international law. It is fitting to start with the figure with whom the first chapter began, Jeremy Bentham. Of Bentham, the inventor of international law, it was glowingly written, not long after his death in 1832: ‘He found politics and jurisprudence a mass of ill-digested observations, vague impressions, and rules established by time, but often indefensible by reason. He left them sciences founded on evidence arranged in lucid order, and tending to definite results’ As we touched on in Chapter 1, Bentham’s favorite device for the science of his international law was its codification. His basic technique was to apply his famous utilitarian method to international law.
Equitable Security Interests: Floating Charges
Authors: Worthington Sarah
Published: November 2023

The previous chapters examined particular illustrations of the ways parties can, by agreement, define their legal and equitable ownership interests in specified assets. Parties have similar powers when it comes to equitable security interests. Floating charges provide the foremost example: they are a prime example of the potency of equitable doctrines. A floating charge enables one party to offer its business undertaking, or some part of it, as security for an obligation owed to another. When first conceived, its novelty was that it allowed security to be given over a fund of assets, a fund that might have additions to it and subtractions from it as the business was carried on. The chargor could continue to deal with the charged assets comprising the fund until the ‘floating’ charge ‘crystallized’, or the permission to deal was revoked. It was this which made the device so commercially attractive.
Equitable Ownership: Newly Acquired Interests
Authors: Worthington Sarah
Published: November 2023

This Chapter, like the previous two, deals with interests which arise by operation of law rather than by agreement. This time, though, the focus is on new proprietary interests: that is, on parties acquiring inter sts in property which originally belonged both legally and beneficially to another. This contrasts with the previous chapters, which were devoted to interests arising by operation of law in property which was originally the claimant’s own.
The Irreducible Core Content of Trusteeship
Authors: Hayton David
Published: November 2023

At the core of the trust concept is a duty of confidence imposed upon a trustee in respect of particular property and positively enforceable in a Court of Equity by a person.1 As Lord Evershed MR has stated,2 ‘[n)o principle, perhaps, has greater sanction or authority behind it than the general proposition that a trust by English law, not being a charitable trust, in order to be effective must have ascertained or ascertainable beneficiaries.’ The beneficiaries’ rights to enforce the trust and make the trustees account for their conduct with the correlative duties of the trustees to the beneficiaries are at the core of the trust.
Freedom of Information
Authors: Tomkins Adam
Published: November 2023

Issues of open government and of freedom of information have already been encountered in the previous two chapters. While there is a close relationship between the subjects of ministerial responsibility, the civil service, and freedom of information, in this chapter we will not repeat what we have already noticed about freedom of information as it relates to ministers’ responsibilities not (knowingly) to mislead Parliament or as regards the evidence which civil ser vants give to select committees. Rather, the purpose of this chapter is, having drawn these threads together, to examine what the Scott story has to teach us about government information and Parliament more generally.
Implications of the Iraqgate Story
Authors: Tomkins Adam
Published: November 2023

There are a number of issues of American constitutional law and practice which are called into question by the story of Iraqgate. These issues are examined in this chapter; and in the last section of the chapter, we will turn to what it is that the British constitution might learn from this American experience.
Professions in the Institutionalization of Business Rescue
Authors: Carruthers Bruce G , Halliday Terence C
Published: November 2023

Rescuing business was the central motif that ran through corporate bankrupty reforms in the United States and Britain. This much the two countries had in common. Their underlying accounts of business failure differed, as the British characteristically blamed the managers and the Americans blamed the economy. The solutions offered by reformers in either country also differed, as the British relied more on professional autonomy and discretion, while the Americans retained some confidence in managers. Even bankers, who preferred that businesses be “saved” by their private workouts, concurred that saving businesses through a reorganization moderated by bankruptcy law probably benefitted everyone more than liquidation of a business inside or outside of bankruptcy law.
Sociological Perspectives
Authors: Fehlberg Belinda
Published: November 2023

This chapter comprises a review of sociological literature relevant to the main research question—the circumstances in which spouses provide third party security. In Chapter 1, the ‘public’ judicial perspective on surety wives was emphasized. Although the link between a lack of control over domestic finances and the decision to provide security was recently acknowledged by the House of Lords in Barclays Bank plcv. O’Brien, the analysis illustrated that judicial acknowledgment did not necessarily translate into greater legal protection. While a competition between a surety and a creditor will always involve a balancing of conflicting interests, it was argued that creditor-sympathetic outcomes are encouraged by a recurring judicial tendency to assess ‘benefit’ in commercial terms, and to apply a ‘public’ assumption that any benefit to the husband’s business resulting from the wife providing security will automatically translate into the wife sharing the fruits of the business adequately or in equal terms.
Introduction and Background: The Development of Small Claims in England and Wales
Authors: Baldwin John
Published: November 2023

There have been some remarkable developments of late in the way that civil actions are dealt with in county courts in England and Wales. It is hardly an exaggeration to say that a silent revolution has taken place in the civil courts over the past twenty years in which the small claims regime has been greatly expanded. In the process, the face of civil justice administration has been radically changed. The proportion of civil actions handled by the county courts as small claims has increased inexorably in the past twenty-five years, and we have reached the position where the vast majority of defended actions are now being dealt with under the small claims procedure. The massive and un precedented rise in the small claims limit from £1,000 to £3,000 in January 1996, following the Lord Chancellor’s acceptance of the recommendation to this effect by Lord Woolf in his inquiry into the civil justice system, seems certain to accelerate this trend.
Litigants’ Perceptions of Small Claims
Authors: Baldwin John
Published: November 2023

It is tempting to regard what litigants say about small claims as the acid test of these procedures. If small claims hearings are conducted to the general satisfaction of the parties, should we worry overmuch about how district judges go about reaching their decisions? One might argue that the whole point of devising special procedures in the county courts has been to assist lay people to present their own cases at hearings and to encourage them to make greater use of the courts. Although this reasoning is attractive, even seductive, the point can nonetheless be overstated. Indeed, it is a central argument in this book that the preparation and presentation oflegal cases in small claims carry certain dangers-dangers, moreover, that lay people cannot be expected to recognize and avoid. This means that, while the small claims procedure may have been devised with the interests of lay litigants in mind, they may not always be in a strong position to evaluate its fairness.
Taking it to the Street
Authors: Maher Lisa
Published: November 2023

This chapter is about context. It provides an introduction to the neighborhood, the women who participated in the research, and the complex social relations that constitute street life in the study site. It attempts to give the reader a sense of the settings in which women use drugs, generate income, and seek to avoid the risks of violence and victimization which shape their everyday existence. The first section maps the complex geography of a neighborhood steeped in the drug culture, and a borderland where the boundaries of legality are continually breached. The second section provides a composite vision of the lives which constitute this work, revealing a group of women whose options have been severely circumscribed, not only by drug use, but by poverty, racism, violence, and enduring marginality. The third section, in describing street life and social networks, touches upon many issues, which, it will be shown, are central to understanding the economic lives of women drug users and to assessing their positioning within the street-level drug economy.Someone once described Bush wick to me as a neighborhood past its use-by date--a place where tombstones have been displaced by elaborate brick wall mesas paying homage to the casualties of the drug trade. This is ‘ The Well ‘-a squalid stretch of Troutman Street between Knickerbocker and Irving Avenues where drugs rule and just about everyone plays.