bluuebunny/crossref_metadata_2025 huggingface dataset:
The Development of Financial Accounting
Authors: Someya Kyojiro
Published: November 2023

Financial accounting, as is suggested by the word ‘financial’, is accounting connected with the capital-raising activities of business enterprises. The capital needed for the various activities of a business enterprise is obtained from its investors and creditors, and these people are keenly interested in how effectively the enterprise uses the capital and how the capital is maintained. Financial accounting provides this information for them on the capital invested in the enterprise. These functions of financial accounting are very important for smooth capital-raising operations. If financial accounting is inadequate the investors and creditors cannot find out how effectively the capital invested in the enterprise is used, or whether that capital is maintained. As a result, they will hesitate to in vest in the enterprise, thereby making it difficult for the enterprise to raise the necessary capital.
The Accounting Unit of Measure and the Translation of Foreign Currency Transactions
Authors: Someya Kyojiro
Published: November 2023

The official foreign exchange rate for the yen was established under the IMF system of exchange rate stabilization in 1949 at 360 yen per dollar. Until 1971 this exchange rate remained stable and Japan was not bothered with accounting problems arising from the translation of foreign currency amounts. In August 1971, when the President of the United States announced the suspension of the convertibility of the dollar for gold, the translation of foreign currency amounts suddenly attracted attention as an important financial accounting problem.
How Accounting Department Heads of Major Japanese Companies View Cash Flow Statements
Authors: Someya Kyojiro
Published: November 2023

In 1971 the Accounting Principles Board of the American Institute of Certified Public Accountants published Opinion No. 19 (APB 19), ‘Reporting Changes in Financial Position’, which required all companies to prepare a statement summarizing changes in financial position, and to include it as part of their annual report, together with the income statement and balance sheet. Based on very broad concepts embracing all changes in financial position, the statement quickly gained acceptance in the United States, and even came to receive a CPA audit. Such practice came into the international limelight in 1977 with the publication of International Accounting Standards No. 7 (IAS 7), ‘Statement of Changes in Financial Position’.
British Industrial Policy in a Japanese Mirror: Why no MIT/ in Britain?
Authors: Tomlinson Jim
Published: November 2023

An almost constant feature of the debate about Britain’s industrial decline over the last century has been admiring reference to seemingly superior performance and policy in other countries. The model held out for admiration and emulation has varied significantly over the period. Before World War I it was often Germany, and after an understandable eclipse in mid century, she came into favour again from the 1960s; in the 1920s and 1950s especially, the US model was commonly deemed attractive. More recently Japan has found favour as the country which has discovered a formula which should perhaps be copied.
Education and Industrial Performance: Influences on British Experience since 1945
Authors: Rose Mary B
Published: November 2023

If modern British business is compared with the United States, Germany, and Japan, the attitude displayed towards human-capital investment by employers and workers is noticeably different. Amongst Britain’s principal competitors, employers have long viewed training of their work-force as an investment, the return on which would be enhanced business performance and competitiveness. In Britain, by contrast, training has more often been viewed as a cost. It has, as a consequence, been neglected and only recently has it been viewed as a vital part of business strategy. Thus, whilst by the 1980s leading employers in Japan, West Germany, and the United States devoted 3 per cent of annual turnover to training, the comparative figure in Britain was 0.14 percent.
Profiles in Success: Reasons for Hope and Priorities for Action
Authors: Jolly Richard
Published: November 2023

In many of the industrial countries today, there exists a widespread attitude of pessimism about development. The mood is both excessive and unfortunate. It is excessive because it is at variance with the facts. And it is unfortunate because it saps popular interest in development and political commitment for its support, just as the evidence is accumulating of widespread and long-run success.
Mauritius: The Roots of Success 1960–1993
Authors: Edward Edward , Oommen Bridget
Published: November 2023

The island of Mauritius has achieved, within the short space of one generation, remarkable social and economic progress, as Table 5.1 indicates.1 This progress has gone hand in hand with firmly rooted and lively democracy.
The General Motors Trajectory: Strategic Shift or Tactical Drift?
Authors: Flynn Michael S
Published: November 2023

If the automotive industry is the prime example of mass production, General Motors (GM) is surely its epiphany. With a less centralized Sloanist organizational structure and marketing strategy blended with its Fordist production model, GM became and remains the world’s largest vehicle assembler (see Chapter 2). The advantages of this model and structure were clear: for four decades after World War II, GM was the model of corporate success, a bulwark of economic stability, and indeed a motor of economic growth. However, the GM variant shared a number of weaknesses with the traditional Fordist model: it constrained the workers’ role to tending machines, emphasized standardization and repeatability, and fostered risk-averse strategies better suited to stable than to contested markets. GM, like other automotive companies, eventually became overly bureaucratic, unresponsive to its markets and customers, and tinged by an arrogance tolerated by society only because of its size and financial success.
Changing Governance Structures and Work Organization in Slovenia
Authors: Jaklic Marko
Published: November 2023

Changes in both the economic and political fields since 1989 have been witnessed in all of the former socialist countries in Eastern Europe. Although the process of transformation has commonly focused on achiev¬ing market-oriented economies similar to those of western Europe, the transition has varied among the countries according to their specific his¬torical past. Slovenia in particular is quite distinct in its relatively high level of industrial development and orientation to Western markets at the start of the transformation process, as well as the legacy of the Yugoslav ‘self management ‘ system which resulted in much greater decentralization of economic decision-making than elsewhere in eastern Europe.
China’s Military in Transition: Politics, Professionalism, Procurement and Power Projection*
Authors: Shambaugh David
Published: November 2023

International attention is increasingly focusing on the modernization of the Chinese People’s Liberation Army (PLA). Discussions about the Chinese military have moved from intelligence circles and esoteric defence journals into the global media spotlight. Chinese moves in Burma and the South China Sea, continued nuclear testing, arms purchases and exports, lack of budgetary transparency, increasing influence in elite politics and the political succession to Deng Xiaoping, and coercive pressure against Taiwan have all drawn attention to the PLA and have contributed to growing concerns about a muscular and assertive China.
Does Trust Improve Business Performance?*
Authors: Sako Mari
Published: November 2023

Does trust improve business performance? And if so, how can trust be created in business where there is none? These are the two questions which this chapter addresses. The main aim of the chapter is to evaluate various theories which touch on the causes and outcomes of trust, and to provide empirical tests of those theories using a large-scale survey of automotive parts suppliers in the United States, Europe, and Japan.
Technology Policy: Strategic Failures and the Need for a New Direction*
Authors: Cowling Keith , Sugden Roger
Published: November 2023

There are a number of straws in the wind suggesting that something is amiss with the process of technological development within the industrial economy. Partly it is a sense of underperformance within the market economy relative to what might be seen as the technological potential, for example the recorded productivity growth slowdown within the advanced industrial countries relative to their performance in the earlier period of the Golden Age. Partly also a sense that where government has intervened in the process the results have often been disappointing, for example the poor returns from the subsidization of private R&D. Concerns like this lead some to suggest incremental reforms within the market and within public technology policy to correct market failure and government failure. We are not of this persuasion. We believe that these straws in the wind are indicative of a deeper malaise of the market economy as it exists today and of a public policy which remains supportive of its present structure. A new direction in technology policy is required to sustain a new direction for the economy.
Managing the Unconscious at Work
Authors: Obholzer Anton
Published: November 2023

It is a common experience at work, as it is in life, that plans that are made are not carried out, that decisions that are agreed are not enacted, and that timetables that seem obvious somehow turn out to be unmanageable. All of the above are examples where decisions or plans made on the basis of rational, logical, conscious thought somehow turn out to have been flawed in their planning or execution. It is of abiding interest to us all not only why things go wrong but, perhaps even more importantly, why they keep on going wrong or, to put it another way, why it is so difficult to learn from experience. And it is central to the task of management that the presence of such phenomena is acknowledged, that understanding of them is worked on, and that management has plans for addressing them.
Mental Health under Fire: Organizational intervention in a wounded service
Authors: Erlich-Ginor Mira , Erlich Shmuel
Published: November 2023

This is the story of a crisis intervention in a mental health service that sustained a most distressing and unusually cruel blow-the murder of four of its staff by a patient-client. We think it is important to tell this story for a number of reasons: The events themselves were of such tragic proportions. Resorting to the notion of social defence can further understanding of the often enormous strain between mental health delivery systems and their clients. Our approach combined reliance on psychoanalytic insight and open-systems theory. It thus clearly derives from and exemplifies the group relations tradition and practice.
Isolation, Autonomy, and Interdependence in Organizational Life
Authors: Roberts Vega Zagier
Published: November 2023

As the rewards of belonging to or being part of an organization decrease, there is a tendency for individuals and groups to focus more narrowly on their own needs and experience. Both in organizations and in society at large, we can observe simultaneous but opposing trends. On the one hand, there is a trend towards larger, more powerful units-mergers, the European Communityand on the other hand, a shift towards entrepreneurial individualism, small stand-alone units, and separatist nationalism. In organizational life, the psychological contract is changing out of all recognition. The organization is becoming less and less a reliable ‘parent’ providing permanence and care in exchange for ‘good behaviour’. Instead, many individuals, whether employees or contracted workers, feel under pressure to attend to their own short-term goals and performance, without necessarily attending to how these relate to the longer-term or broader aims of the systems to which their work is contributing.
The Origins and Dynamics of Production Networks in Silicon Valley
Authors: Saxenian AnnaLee
Published: November 2023

Computer systems firms in Silicon Valley are responding to rising costs of product development, shorter product cycles and rapid technological change by focusing and building partnerships with suppliers, both within and outside of the region. Well-known firms like Hewlett-Packard and Apple Computers and lesser known ones like Silicon Graphics and Pyramid Technology are organized to combine the components and sub-systems made by specialist suppliers into new computer systems. As these firms collaborate to both define and manufacture new systems, they are institutionalizing their capacity to learn from one another. Three cases-a contract manufacturer, a silicon foundry, and the joint development of a microprocessor-illustrate how inter firm networks help account for the sustained technological dynamism of the regional economy.
The Single Market Programme
Authors: Bohan Niall , Muylle Jean-Yves
Published: November 2023

In the broad church of economics, there is one tenet to which most practitioners subscribe, namely, that liberalizing trade increases efficiency to the benefit of all participating countries. While this consensus has been exposed to new theoretical and political challenges in recent years, it remains intact. The history of multilateral and regional trade liberalization suggests that trade liberalization can be a formidable force for economic growth with the benefits being widely shared. Demonstrating that all participants have benefited substantially or to a comparable extent, however, is a much more challenging proposition. This chapter will assess the extent to which efficiency improvements generated by market integration are shared equitably across the participating regions and countries in the light of the EU’s experience in constructing a single market. At the time of its launch, some misgivings were expressed that the advanced degree of factor and product/service market integration envisaged would aggravate pronounced regional imbalances existing in the EU.
Telecommunications Policy
Authors: Young David , Leon Olivier , Kemos Achilleas , Holmes Peter M , Basl⃛, Maurice A
Published: November 2023

Telecommunications policy in the EU was left mostly to member states until 1983, when the European Commission established its task force on international communications and telecoms. In 1987, the Commission produced a Green Paper which mapped out a path for the development of an EU policy over the subsequent decade.
Structural Policies
Authors: Mairate Andrea , Hall Ronald
Published: November 2023

Community stmctural policies are the main instrument promoting cohesion, i.e. reducing socioeconomic disparities between regions and social groups not only between, but also within, the member states of the European Union. In financial tennis, they represent more than one-third of the EU budget, or an average of30 billion beacuse a year. Their importance is likely to increase in the future as a result of the further enlargement towards Central and Eastern European countries.
The Sociological Foundations of Organizational Learning
Authors: Gherardi Silvia , Nicolini Davide
Published: November 2023

The purpose of this chapter is to illustrate the specific contribution that general sociology and the sociology of organizations can make to the study of organizational learning. The first part provides an overview of the possible ontological and epistemological choices available to scholars who undertake one of the various possible readings of organizational learning from a sociological standpoint. In the second part of the chapter, our epistemological choice is to see organizational learning as a root metaphor. It is on that basis that we attempt to determine what contribution a social constructionist approach has made to the study of organizational learning through the concepts of participation and reflexivity.
Anthropology and Organizational Learning
Authors: Czarniawska Barbara
Published: November 2023

The concept of organizational learning does not often appear in anthropological literature. The only instance I have found of the term’s use in that field is in Hutchins (1995), where it is borrowed from organization theory. There are several reasons for this paucity, and it might be instructive to take a look at some of them.
The Role of Boards in Facilitating or Limiting Learning in Organizations
Authors: Tainio Risto , Lilja Kari , Santalainen Timo J
Published: November 2023

Research on organizational learning has traditionally focused on top management teams (Child and Heavens, Ch. 13 in this volume) and leadership (Senge 1996; Sadler, Ch. 18 in this volume). It is the management that has the main responsibility for directing and controlling companies. By contrast, a board of directors meets only a few times a year, also includes outsiders, and works mostly on a part-time basis. It is fair to question the extent to which a body of this kind can contribute to organizational learning with such limited involvement in and knowledge of a company.
Learning in Imaginary Organizations
Authors: Hedberg Bo , Holmqvist Mikael
Published: November 2023

Organizational learning has hitherto mainly been studied in formal, integrated organizations (e.g. Cyert and March 1992; March and Simon 1958; Nonaka, Toyama, and Byosiere, Ch. 22 in this volume). The growing complexity of products and intense global competition have, however, made organizations increasingly dependent on organizational partnerships (Hagedoorn 1993; Inkpen and Crossan 1995; Larsson, Bengtsson, Henriksson, and Sparks 1998; Simonin and Helleloid 1993). As Powell, Koput, and Smith-Doerr (1996) noted: ‘Sources of innovation do not reside exclusively inside firms; instead, they are commonly found in the interstices between firms, universities, research laboratories, suppliers, and customers’ (p. n8).
Introduction
Authors: Dierkes Meinolf , Antal Ariane Berthoin , Child John , Nonaka Ikujiro
Published: November 2023

This part is designed to complete the theoretical and practical framework that the editors of this handbook have sought to construct. The chapters present case studies that illustrate concepts from the theories and models presented in Parts I through VI and that demonstrate practices and tools described in Part VII. The cases are drawn from a variety of private- and public-sector organizations located in various European countries, Japan, and the United States. A clear message that emerges from the case studies is that the process of putting ideas into practice is a creative act.
Multimodal Organizational Learning: From Misbehavior to Good Laboratory Practice in the Pharmaceutical Industry
Authors: Haen Christoph de , Tsui-Auch Lai Si , Alexis Marcus
Published: November 2023

Theories of organizational learning could benefit from an increase in the number of large, detailed cases with which to assess their pertinence, explanatory power, and predictive ability. The emergence of governmental regulations on Good Laboratory Practice (GLP) and their implementation in the pharmaceutical industry offers precisely that kind of material. The processes of developing and implementing GLP regulations reveal multiple modalities of organizational learning, such as cognitive knowledge acquisition, organizational imitation, and behavioral and cultural change. These processes have involved a variety of actors, permitting an exploration of the dynamics of learning processes across different hierarchical levels of government and industry. To help put the chosen case into perspective, we begin by briefly introducing three theoretical frameworks for organizational learning and their relevant concepts. A detailed account of the GLP case follows, providing empirical data collected with aspects of organizational learning in mind. Theories are then applied to the case with the aim of assessing their epistemo-logical merits. Finally, new insights are highlighted, and territories uncharted by present theories are identified.
Introduction
Authors: Lynskey Michael J
Published: November 2023

Who introduces innovations? Who establishes dynamic new companies? Who accelerates the growth of firms? Who is the catalyst for economic progress? In answer to these questions various scholars have replied, ‘the entrepreneur’. They ascribe to the entrepreneur an essential role in the creation of vibrant new firms, in the shake-up and rejuvenation of staid companies, and in the development of economic growth. However, despite intensive enquiry, we still know surprisingly little about this key figure (Begley and Boyd 1987; Cunningham and Lischeron 1991), and in particular how an entrepreneur differs, if at all, from a manager in a large organization (Gartner 1985; Ginsberg and Buchholtz 1989).
Venture Capital and the Local Area Networking Industry
Authors: Burg Urs Von , Kenney Martin
Published: November 2023

Venture capitalists have been and continue to be important actors in facilitating the creation of new firms in Silicon Valley. In some cases, the combined effect of creating a number of firms undertaking similar activities can lead to the creation of an industry or what Joseph Schumpeter (1968) termed a ‘new economic space’. One recent and important instance of new firm formation leading to the creation of new industry is the case of local area networking (LAN) in the USA. In the USA there are only two significant concentrations of LAN firms: Silicon Valley and Route 128. Because Silicon Valley has the largest concentration of firms and the first firms were established there, this chapter concentrates upon the developments in Silicon Valley.
Economic Liberalization and Industrial Performance In Brazil
Authors: Amann Edmund
Published: November 2023

In the past ten years the Brazilian economy has experience an unprecedented wave of market liberalization as import substitution has been progressively abandoned in favour of integration into the global economy. Trade barriers have fallen, privatizations have been implemented, and government procurement has been cut back. Although these policy shifts will be familiar to many, their implications in terms of performance may not. Using a comprehensive array of primary and secondary sources and in-depth company case studies, this book examines how one vitally important Brazilian industrial sector-the non-serial capital goods sector-coped with the onset of liberalization. While liberalization undoubtedly helped to promote greater efficiency in some areas of corporate performance, the impact elsewhere was far less favourable. This differentiated response raises some interesting and troubling theoretical and policy issues.
The External Dimension: Exports, Imports, and Quality
Authors: Amann Edmund
Published: November 2023

The period since 1986 has seen substantial shifts in policy towards the Brazilian non-serial capital goods sector, which, as Chapter 3 revealed, resulted in substantial changes in productivity performance and the organization of production activity within enterprises. Such performance alterations, as the chapter demonstrated, were associated with changes in static and dynamic efficiencies. Part of the impetus underlying the identified alterations in static and dynamic efficiency resulted from the threat posed by increased penetration of imports and the increased importance of the export market.
Knowledge Management in the Multinational Enterprise
Authors: Arvidsson Niklas
Published: November 2023

The multinational enterprise (MNE) is glorified as one of the most successful phenomena of the modern era. No matter how you measure its importance¬ number of employees, shares of global trade and currency flows, wealth, etc.-the end result is the same. The MNE-as an institution-is very powerful. One reason why the MNE is so successful is its unique abilities to transfer resources across geography but inside its own organizational boundaries (Buckley and Casson 1976). In fact, the raison d’etre for the MNE is its ability to combine favourable location-specific advantages-such as inexpensive raw material or labour-with unique organization-specific advantages-such as brand names, technologies, or patents-by internalizing markets for input factors to the production processes (Dunning 1977, 1980). In this manner, the MNE takes the best parts from many different regions in the world at the same time, and combines them into powerful production processes and products. In short, the main advantage of the MNE when compared to national firms as well as over market transactions is its ability to internalize transfers of resources over geographical distances.
Governance: Towards the Patriotic Lawmaker
Authors: Blattberg Charles
Published: November 2023

That we should govern ourselves well remains a central mode of justification in modern politics. But what does it mean to do this? In this chapter, I want to explore two of the ways in which political thinkers in the West have answered this question. The first is classical republicanism, the ideology of an essentially pre-modern way of life, its two greatest proponents, Aristotle and Machiavelli, being located, respectively, at the beginning and end of this tradition of thought, though its principles largely reappeared in the last century in the works of Hannah Arendt. The second I will call ‘modern democracy’, an approach which emerged from those anti-absolutist doctrines of the seventeenth century, the foremost of which being unquestionably that of John Locke. For the classical republican, as I have shown, no boundary of any sort is to be recognized between the domains of civil society and the state since these two are considered one and the same, man being conceived of as a zoon politikon or ‘social/political animal’.
The Economics of Standards
Authors: Hanseth Ole
Published: November 2023

Weill and Broadbent (1998: 7) see an organization’s collection of hardware, software, devices, data, and IT-related personnel as its IT infrastructure. They describe this as an IT portfolio, which should be regarded as any other investment portfolio. This investment-portfolio metaphor can certainly be useful for understanding some aspects of IT infrastructures. But it is a metaphor that can also be very misleading (see Chapter 2). Investment portfolios are usually very flexible and easy to change, manage, and control. Elements of such portfolios may be sold at almost any time, and individual elements might be sold or bought independently (although portfolios should be balanced to minimize risks, and so on). Infrastructures are different. The individual elements are very interdependent, and their size and complexity may make them extremely difficult to control and manage. In this chapter we will present basic findings and concepts from economic studies of infrastructures and standards. These studies are focused on public standards and infrastructures. But, as we will argue below, the results are equally valid for corporate IT infrastructures.
Valuing Expressive Organizations: Intellectual Capital and the Visualization of Value Creation
Authors: Mouritsen Jan
Published: November 2023

Intellectual capital statements, which report on firms’ intellectual capital, combine digitization, visualization, and narration to account for organizational value creation. Such statements, which at the beginning of the twentieth century are published only by a limited set of companies, help explain the conditions for future value creation, rather than current financial results. They are difficult pieces of communication, however, because there is no generally accepted accounting formula that can generate an intellectual capital result, as is the case for the financial result in the financial accounting context. That is, there is no set logic behind the digits produced in intellectual capital statements. Regarding the financial accounting statement, this logic is found in generally accepted accounting and auditing principles, which are largely defined in practice by the auditing profession. The intellectual capital statement uses other means to craft a credible, cohesive, and ‘true-and-fair’ account.
Intercity Networks in a Globalizing Era
Authors: Friedmann John
Published: November 2023

Although terms like “global” and “globalization” have become part of everyday speech, they are rarely used with precision. There are two schools which look at very different facets of globality. The first, represented most recently by George Soros in his popular The Crisis of Global Capitalism (1998), emphasizes finan cial markets that transfer trillions of dollars each day from one part of the globe to another in search of short-term gains in money markets, stocks, and hedge funds. Soros calls it the amoral world of market relations and seeks to separate it, categorically, from human society, where, he argues, moral relations prevail. Like a modern-day Robin Hood, Soros makes his billions in the aggressive, spe culative world of finance and gives away much of this amorally gotten wealth in the world of moral relations where he assumes the mantle of philanthropic citizen. Seemingly unable to reconcile this contradiction between amoral mar kets and moral society, he defends himself against critics by saying that each world is governed by a different set of rules: it would be financially ruinous, he says, to play the game in the first with the rules of the second.
Inequality in Global City-Regions
Authors: Fainstein Susan s.
Published: November 2023

Within the developed countries, business and governmental leaders of large cities typically aspire to reach global-city status. Yet no convincing evidence shows that the inhabitants of global cities and their surrounding regions fare better than the residents ofiesser places. Indeed “the global-city hypothesis” argues that these metropolises are especially prone to extremes of inequality (Friedmann 1986). Despite being, in aggregate, the wealthiest areas of their respective nations, global city-regions tend to have large, dense groups of very poor people, often living in close juxtaposition with concentrations of the extraordinarily wealthy. According to Sassen (1991), the particular industrial and occupational structure of global cities produces a bifurcated earnings structure that in turn creates the outcome of the “disappearing middle.” This paper shows that global city-regions in wealthy countries do display high levels of income inequality (although not necessarily of class polarization) but that the explanation given by global-city theorists in terms of earnings is not wholly satisfactory. It further indicates that the five wealthy global city-regions of New York, London, Tokyo, Paris, and the Randstad (Netherlands) vary in terms of the extent of inequality. It concludes by examining the reasons for inequality in such regions and the effects of pub lic policy on it.
Urban Citizenship and Globalization
Authors: Holston James
Published: November 2023

What it means to be a rights-bearing member of a territorial nation-state has changed significantly over the last quarter of the twentieth century. After sev eral centuries of triumph over other forms of membership in the political com munity, the very notion of national citizenship appears unsettled. In a few of the world’s 191 sovereign states, processes of disintegration have advanced to the point that the nation-state is no longer the locus of primary affiliation. In some cases, more local and sometimes shifting memberships replace it; in others, more diasporic and deterritorialized affiliations seem paramount. In most nations, how ever, national citizenship is still the primary envelope of affiliation and loyalty. Yet, in the last several decades, global processes of change of unprecedented force have so affected the meaning and substance of many national citizenships that the resulting social morphologies seem unfamiliar even to their members.
Diplomatic Relations
Authors: Watts Sir Arthur
Published: November 2023

Rules regulating the treatment to be accorded by representatives of one State or its monarch or other ruler to another arc of long standing: together with rules relating to agreements between States or their rulers, they arc probably the branches of international law whose roots go back furthest in the history of what is now referred to as international rclations.1 Both reflect the fundamental practical needs of any system for dealings between communities-in one case the need to be able to communicate by sending and receiving messengers, and in the other to be able to conclude agreements which can be relied upon. Both also originally shared a strong dement of rdigious sanction, with the proper treatment of messengers and the due fulfilment of promises and agreements being ensured by the threat of divine retribution in the event of default.
Internationally Protected Persons
Authors: Watts Sir Arthur
Published: November 2023

The 1960s was a decade during which terrorist activity of various sorts was an unhappily prominent feature of international relations. Some of that activity was directed against diplomats, whose official representative role was perceived by some terrorist organisations to make them suitable targets for attacks, including kidnap pings, as a way of raising international awareness of the terrorists’aims and of bringing pressure to bear on the sending State, or on the receiving State, and sometimes on both, to acknowledge the terrorists’demands. Existing law on diplomatic immunities, and in particular the 1961 and 1963 Vienna Conventions on Diplomatic Rc1ations1 and Consular Rc1ations respectively, provided for special protection to be accorded to a State’s diplomatic and consular representatives and for their inviolability,-’ but this was evidently inadequate to deal with the special threat posed by terrorist attacks.
Service of Documents
Authors: Kennett W A
Published: November 2023

The service of documents plays a key role in the major phases of a civil claim and rapid and reliable mechanisms for service are essential in promoting effective free movement of judgments in Europe. Due and timely service of the document instituting the proceedings is necessary to ensure that the rights of the defence are preserved, which in turn is a prerequisite for trans frontier enforcement of the resulting judgment. Reliable service of documents during the course of the proceedings is also the only way of ensuring that the parties can present their cases effectively. Enforcement of the resulting judgment may not be permissible unless the judgment has been served, and also the order for exequatur. Finally, service of the various orders that form part of the procedure for execution may also need to be effected across borders in some cases.
Amnesty International’s 12-Point Programme for the Prevention of Torture: An Example of NGO Standard Setting
Authors: Prokoscii Eric
Published: November 2023

The setting of international standards on human rights is a complex affair. Various entities may set a standard—international or regional; political, expert, or treaty-monitoring bodies; individual experts or officials of an intergovernmental organization. Various processes involving various actors may lead to the setting of a standard. Once set, a standard should be implemented, and its implementation may give rise to the adoption of further standards.
Minority Rights Revisited: New Glimpses of an Old Issue
Authors: Leuprecht Peter
Published: November 2023

The subject of minority rights is not only a highly topical one, it also raises fundamental issues, and not only of a legal nature; in particular, the question of how individuals, groups and societies deal with others, with otherness, with difference. Mahatma Ghani once said that our civilization will be judged by the way in which it treats its minorities. One of the most alarming phenomena of our time is the resurgence of aggressive nationalism, ethnocentrism, racism, xenophobia, anti-Semitism, religious fanaticism, intolerance and irrationality. At the root of these disruptive and destructive currents, in my view, is a twofold rejection: rejection of that which is universal in human beings and humanity, and rejection of the other, of otherness, of difference.
From units of account to the euro
Authors: Usher J A
Published: November 2023

While a common currency for eleven of the Member States was only introduced in January 1999, the European Communities have from the outset required their own accounting units, and the euro is the direct descendant of the last version of the unit of account: Council Regulation 1103/971 provides that every reference in a legal instrument to the European Currency Unit (ECU) as defined under Community law is to be replaced by a reference to the euro at the rate of one euro to one ECU, and references in any legal instrument to the ECU are deemed to be references to the ECU as defined in Community law, subject to the intentions of the parties.2
The Familiarity of the Unknown
Authors: Markesinis Basil
Published: November 2023

Foreign implies unknown; and we often make the mistake of assuming that unknown means different, even bad and dangerous. One should not be afraid of differences. For real differences, be they in language, aesthetic values, or the law, provide the kind of contrasts and yardsticks which allow one to understand and rethink one’s own ideas, rules, and institutions and, on occasion, be converted to the alien ones. Take ancient Rome, medieval Granada, the Renaissance, nineteenth-century Britain. They all show that the quality of any civilization can be seen not only by its indigenous products but also by its ability to graft new shoots on its own trunk to stimulate new growth and achieve richer and more differentiated products.
Other Procedural Mechanisms
Authors: Ma Christopher Hodges
Published: November 2023

Part 19.111 on Group Litigation, discussed above, may be the preferred mechanism for making or handling multiple claims, at least on historical precedent, but it is not the only mechanism which might be available. The trigger for Part 19.III is the wide test of where there are common issues of fact or law in a number of claims, all of which have been commenced. In contrast, a more restrictive trigger, where more than one person has the same interest in a claim, is specified in Part19.11 on representative actions, discussed in the first part of this chapter. Here, one or more claimants may bring an action to represent all members of the same class. The latter rule effectively reproduces a previous rule which was not thought to be applicable in most multi-party situations.
Benzodiazepine Litigation
Authors: Hickinbottom Gary
Published: November 2023

This product liability litigation dominated consideration of group actions through out the first half of the 1990s. The case was vast by any standards. Over 15,000 claimants came forward, of whom 5,500 issued proceedings, represented by ap proximately 3,000 firms of solicitors. The Legal Aid Board spent £40 million, be fore the litigation collapsed.
Docklands Nuisance Class Actions
Authors: Evans John
Published: November 2023

This chapter describes two groups of claims against different defendants arising out of similar circumstances based on differing allegations relating to environmental nuisance in the mid-1990s. The two groups were managed in similar fashion al though independently. There were orders in both for cut-off dates for claimants to join the group, and cost-sharing arrangements as between claimants.
Explaining Security Interests
Authors: Ali Pau
Published: November 2023

This chapter examines the legal nature of security interests and the rationale for their privileged status. Despite the obvious importance of the concept of ‘security interest’ to the law of secured transactions, the concept continues to evade precise definition. In England and Wales, Australia, Hong Kong, Malaysia and Singapore, the inquiry into the legal nature of security interests has assumed a secondary role next to the inquiry into which of the four classes of recognised security interests a particular interest falls into. Likewise, in Canada and New Zealand, the inquiry into the legal nature of security interests is subordinate to the inquiry into the function or substance of the transaction said to give rise to a security interest. Nonetheless, clarifying the legal nature of security interests assists the classification of security interests in the first group of jurisdictions, as well as illuminating the scope of the Article 9-style regimes in the second group of jurisdictions.
Rules of Priority
Authors: Ali Pau
Published: November 2023

This chapter discusses the statutory and general law rules that dictate the out-comes of priority contests between secured parties, as well as contests involving special classes of claimants such as purchasers of the secured property and preferential creditors. The chapter also considers the application of the equitable doc-trine of marshalling-which operates to protect the secured status of the claims of junior-ranking secured parties-and the problems of circular priority that may arise out of priority arrangements and other reorderings of priority.
Transforming the Law
Authors: Susskind Richard
Published: November 2023

Richard Susskind is one of the world's leading experts on the application of information technology in the legal field, and an independent consultant to the government, private sector law firms and industry. His previous books, Expert Systems in Law (OUP, 1987) and The Future of Law (OUP, 1996), have both served to set the agenda for the serious discussion of the subject. This new volume features major new essays that analyse where the legal marketplace and community has now got to in applying and responding to the new technological possibilities, and examines the key issues that must now be tackled (in particular knowledge management and electronic commerce). It also includes eleven of Richard Susskind's most important past essays, on the legal application of IT, each updated to make clear their continued relevance to law and justice today.
Legal Electronic Commerce
Authors: Susskind Richard
Published: November 2023

One of my main purposes in writing The Future of Law, which was first published in 1996, was to suggest to the legal world that it was on the brink of a seismic shift. I claimed that information technology generally, and the Internet in particular, were about to precipitate huge changes in legal practice and in the administration of justice. I suggested that we were at the start of a 20-year period of upheaval, after which quite different forms of legal service and legal process would emerge. In the two years that followed the publication of the book, I had the opportunity to present my ideas in person to thousands of lawyers around the world—at seminars, workshops and conferences. The question-and-answer sessions that followed my talks were particularly illuminating for me. The running theme of those who offered views during that period was that of incredulity—not a denial that the Internet would have a substantial impact on the business and domestic lives of all, but a disbelief, or at least a considerable doubt, that the online revolution would really extend into the legal domain. To be sure, in every audience there were enthusiasts who were exasperated by their colleagues’ scepticism but, generally, lawyers expected adjustments at the periphery of their world rather than the fundamental transformations that I was predicting.
On the Application of Keck in the Field of Free Provision of Services
Authors: Vilça José Luís Da Cruz
Published: November 2023

The judgments of the European Court of Justice (ECJ) in Alpine Investments  1 and de Agostini  2 raised the controversial issue of the applicability of the principles laid down in Keck and Mithouard  3 to the field of the free provision of services. A number of articles and commentaries have been devoted by the doctrine to those judgments. Some of them are marked by the acceptance of the idea that the judgments in question are to be interpreted as meaning that the ECJ refused, once and for all, to transpose the Keck doctrine to the field of application of Article 49 (ex 59) of the EC Treaty.
On the Border of Abuse: The Jurisprudence of the European Court of Justice on Circumvention, Fraud and Abuses of Community Law
Authors: Kjellgren Anders
Published: November 2023

It is quite clear that the principle ‘Community law cannot be relied on for abusive or fraudulent ends’ is a consistent principle in the jurisprudence of the Court … To define the principle more precisely is, however, far from easy.
Contact-Induced Change in Oceanic Languages in North-West Melanesia
Authors: Ross Malcolm
Published: November 2023

The Oceanic language family forms a subgroup within the larger Austronesian family. The Austronesian family, with perhaps as many as 1,500 languages, embraces the large portion of the world shown in Map 1 and has been formally recognized by scholars since the 1840s (Ross 1996d). The Oceanic subgroup of Austronesian was first recognized by Dempwolff (1927, 1937), although the exact definition of its western boundary (Map 1) awaited the work of Grace (1971), Blust (1978), and Ross (1996b).
Meeting two people on the autistic spectrum
Authors: Baron-Cohen Simon
Published: November 2023

Classic autism and Asperger syndrome share two key features: Social communication difficulties , Narrow interests and repetitive actions., But they differ in two key ways: In Asperger syndrome, IQ is at least average and there was no language delay, In classic autism, IQ can be anywhere on the scale, and there was language delay.
The mental health agenda from an educational perspective
Authors: Cole Ted , Daniels, Harry , Visser John
Published: November 2023

Potentially, teachers and their learning support colleagues have an extended daily opportunity to create school systems and cultures that foster children’s emotional well-being and are responsive to mental health difficulties. We will argue that this opportunity is sometimes not grasped by educators, nor supported by colleagues in the health services. When it is, improved mental health is promoted for all children and young people, including those with specific difficulties in this area. The chapter opens with a short historical account of educational interventions with pupils with EBD. Discussion then moves to contemporary issues as highlighted by recent literature (including: NHS Health Advisory Service 1995; Audit Commission 1999; Mental Health Foundation 1999) and the work of our Emotional and Behavioural Difficulties Research Team. The chapter ends with some suggestions for national, local, and institutional strategies for mental health promotion in schools.
The nature and scale of the problem—the prevalence of mental health problems and mental disorders in childhood and adolescence
Authors: Meltzer Howard
Published: November 2023

This chapter is divided into three sections. In the first of them, the use of the terms, mental health problems and mental disorders, in relation to young people is discussed with respect to how they are operationalized in large-scale survey research. This is followed by a review of studies that have attempted to measure the prevalence of mental health problems and disorders among children with particular emphasis on the national study of childhood mental disorders in Great Britain. The chapter ends with a brief summary of the implications of national prevalence data for a comprehensive child and adolescent mental health service.
Children and adolescents who have a learning disability: the challenges to services
Authors: Fraser William
Published: November 2023

Families of children with learning disabilities (LD) face increased financial, physical, and mental hardship. The parents of young people with learning disabilities have almost invariably the following preoccupations: the search for causes, the need for early assessment and reliable diagnosis, the problem of access to advice on behaviour problems and to respite, the frustrations of statementing (the statement of a child’s educational needs), the complexities of transition to adult life and what will become of him/her when ‘we are too old to be there for him’.