bluuebunny/crossref_metadata_2025 huggingface dataset:
Time-dependent flow
Authors: Bruus Henrik
Published: November 2023

We continue the study of time-dependent phenomena and turn our attention to unsteady flow problems. Four selected topics will be treated: the onset of a Couette flow, the transient decay of a Poiseuille flow in a cylindrical microfluidic channel when a constant driving pressure is applied abruptly, the steady state of an incompressible fluid with harmonically oscillating boundary conditions, and the accelerated motion of a spherical body in a fluid. Not surprisingly, the mathematical treatment becomes more complex than previously.
Electroosmosis
Authors: Bruus Henrik
Published: November 2023

The reason is that in equilibrium (in the center-of-mass system) there are no current densities, even though the fields themselves may be non-zero. We have already used this fact implicitly in Section 3.4.1, where for a horizontally placed channel the gravitational force was balanced by minus the gradient of the hydrostatic pressure peq(z) = ρgz, and in Section 8.3.1, where the electrical force in the Debye layer was balanced by minus the gradient of a concentration-dependent pressure, see Eq. (8.20).
Two-Phase Flow
Authors: Bruus Henrik
Published: November 2023

In the previous chapters we have been concerned with the microfluidic properties of a single liquid. In Section 5.2 we went beyond the case of a pure liquid and studied the convection-diffusion equation for solutes in a solvent. This theme was extended in Section 8.3, where we analyzed the influence of dissolved ions on the electrohydrodynamic properties of electrolytes. The topic of the present chapter is the behavior of two different fluids flowing simultaneously in a microchannel; a situation denoted two-phase flow. We will treat examples of flow involving either one liquid and one gas phase, or two different liquid phases.
Stakeholders: Each Group Holds a Different Image and Reputation
Authors: Dowling Grahame
Published: November 2023

Chapter 1 emphasized that an organization does not have a single image or reputation-it has many of them. In fact, each person will form a (slightly) different evaluation of an organization! This diversity presents a daunting task only if you try to manage all these separate evaluations. What is needed is a way of clustering people into groups who are likely to hold similar evaluations of the organization, dissimilar from those of other groups. Chapter 1 referred to these people as stakeholders. Here the task is to split these stakeholders into a manageable number of groups. This grouping is based on one of the fundamental organizing principles of modern marketing, namely, market segmentation.
How Corporate Images are Formed: Identifying the Pieces of the Jigsaw Puzzle
Authors: Dowling Grahame
Published: November 2023

Chapter 2 left us with the problem that different stakeholders form different corporate images and reputations. The Air-India case study illustrated what happens when the harmony among some of these stakeholder groups is broken. Fortunately, such severe conflict is rare. What this discussion suggests is that different sets of factors will drive the images that each group forms.1 The aim of this chapter is to identify these factors.
Corporate Identity: What You See Is Often Less Than What You Get
Authors: Dowling Grahame
Published: November 2023

This year, with the help of corporate identity consultants, hundreds of organizations will change one or more of their identity symbols. For a big company these changes are expensive. For example, it has been estimated that it cost International Harvester between $13 and $16 million to change its name to Navistar (consultant expenses, signage, stationery, etc.); the change from Burroughs and Sperry to Unisys about $15 million; UAL Inc. to Allegis a bit more than $7 million, and AT&T’s spin-off Lucent Technologies $50 million.1 These dollar costs exclude the management time taken to effect the changes, and the emotional costs of the people involved with the change. Arguably, many such corporate identity changes will not achieve a positive return on the fully costed investment. Because organizations invest so much time, money, and emotion in their corporate identity symbols, there is a need to demystify the ability of these symbols to have a positive impact on the performance and corporate image of an organization.
Country, Industry, Partner, and Brand Images: Leveraging Secondary Associations to Enhance a Corporate Image
Authors: Dowling Grahame
Published: November 2023

People often associate certain types of products with a particular country. For example, to many people Italian leather goods, French wine, Chinese food, Swiss watches, Japanese cameras, and US films are all special. Within these product categories brands like Gucci have helped enhance the image of other Italian leather manufacturers, and famous French champagne brands like Moët & Chandon have helped to promote the French wineries. This chapter focuses on the relationship between country, industry, company, and brand images. To illustrate the importance of understanding these relationships for an organization consider how two UK companies enhanced their corporate/brand images by linking them to their US parent company.
Measuring Images and Reputations: What Do Stakeholders Actually Think?
Authors: Dowling Grahame
Published: November 2023

One thing that we have learnt from the discipline of marketing is that the most dangerous place to look at stakeholders is from behind a desk. The simple truth of the matter is that the only way accurately to gauge what people think of an organization is to ask them. This is easy to say, but often difficult to do, because it takes (valuable) time; it costs money that has no direct contribution to generating bottom-line profit in the period in which it is spent; most organizations will need to employ the services of an outside market research firm to help; and it is not intuitively obvious how one measures elusive concepts such as corporate image and corporate reputation. Any of these reasons is generally sufficient to kill the idea of measuring corporate reputations—especially year after year.
Recap: Avoiding the Twelve Most Common Traps
Authors: Dowling Grahame
Published: November 2023

At the beginning of this book, I made the point that good corporate images and reputations have operational value—as reflected in the leverage they provide to the company’s organizational culture and external marketing. I also identified that stakeholder confidence, trust, and support are the key outcomes of a good reputation. These good reputations define corporate super-brands.
Work and Membership of the Labour Force
Authors: Supiot Alain
Published: November 2023

The whole concept of membership of the labour force as built up over the years by labour and social security law reflected the Fordist production regime, as articulated in the different variants already mentioned in Chapter 1. It was a relatively homogeneous and stable status whose ideal model was the male head of household (the breadwinner) who would typically undergo a relatively short period of initial vocational training before working on a permanent basis in the same job or same type of job in the same company or at least in the same occupation before taking well deserved retirement just a few years before his death. However, working career arrangements varied depending on the importance of selfemployment and micro-firms (typical of Southern European countries and reflected in the persistence of ‘long’ family arrangements protecting young adults from a more difficult entry into the world of work), or, alternatively, the presence of an increasing number of foreign guest workers (particularly in Germany) along with clearly diversified training-entrycareer paths for native youth (reflected in the importance of the dual training system).
Changes in Work, Women’s Work and the Future of Labour Law: The Gender Dimension
Authors: Supiot Alain
Published: November 2023

The important changes taking place in labour relations, and the even more important changes forecast for the decade to come, have-or may have-substantial consequences for women’s work-consequences as important as those resulting from industrialization in the past.
The Social Legitimization of an ‘Untimely’ Institution: The Case of the First Bulgarian University
Authors: Boyadjieva Pepka
Published: November 2023

The question this essay seeks to answer is essentially this: How could a university gain social legitimacy when the conditions of its founding are such that they cause public opinion to deem it either premature or redundant? This question will be discussed within the framework of the history of the first Bulgarian School of Higher Education.
Sources And Scope Of Civil Procedure
Authors: Andrews Neil
Published: November 2023

The courts make constant reference to CPR Part One. For example, in one case, where there was no written rule governing the question, the Court of Appeal invoked the Overriding Objective as important guidance in resolving a novel point of procedure.18 The case concerned a jury trial of a claim for maliciousecution and false imprisonment. One of the jury’s verdicts related to a question which had been misleadingly presented on the question sheet. As a result, the jury gave an unintended answer. After delivering its verdict, the jury was discharged.
Leading Procedural Principles
Authors: Andrews Neil
Published: November 2023

In Chapter 3 it was explained that principles would be examined under two headings, ‘fundamental procedural guarantees’ and ‘leading principles’. The former were treated in Chapters 4 and 5. Now it is time to discuss the remaining ‘leading principles’. The discussion should also be juxtaposed with Article (1) of the European Convention on Human Rights, which receives separate discussion in Chapter 7.
Article 6(1) And Human Rights
Authors: Andrews Neil
Published: November 2023

The European Convention, by virtue of the Human Rights Act 1998, now permeates, actually or potentially, every aspect of our law. Nothing can now be properly conceptualised without the added human rights dimension: and certainly not if it is to be the subject of competent professional advice and representation.
Sanctions Against Procedural Non-Compliance
Authors: Andrews Neil
Published: November 2023

Before the CPR was introduced, the courts had sometimes adopted an extremely strict approach to this matter. But such severity was unpopular among many litigants, legal advisors and judges at ﬁrst instance. Indeed it was possible to disern a judicial reaction to this matter during the period immediately before the CPR was introduced. During this phase the pendulum swung in favour of a more ﬂexible judicial approach of measured leniency.
Abuse Of Process
Authors: Andrews Neil
Published: November 2023

No doubt the paradigm form of abuse of process concerns deliberate manipulation, distortion or frustration of the civil process by a litigant, lawyer, judge or official, or by a non-party. Such misconduct is serious and threatens to subvert the action, as well as constituting an attack upon the integrity of the civil justice system. But it is clear that abuse of process does not require any element of bad faith and so can occur in an ‘objective’ sense. Examples of the courts’ adopting an ‘objective’ version of abuse of process are: the courts’ capacity to bar claims if the claimant’s earlier action on the same facts was struck out because he had been guilty of excessive and unjustified delay; barring a claimant’s illegitimate attempt to re-litigate a civil matter;
Protective Relief: Freezing Injunctions And Search Orders
Authors: Andrews Neil
Published: November 2023

In 1996, the International Law Association at a meeting in Helsinki, promulgated certain ‘Principles on Provisional and Protective Measures in International Litigation’. Its 22 paragraphs are presented in the Appendix to this chapter. Here it is enough to note that its formulation sits comfortably with the English phenomenon and practice except in the matter of territorial scope. The (draft) Principles of Transnational Civil Litigation which are being considered by UNIDROIT and the American Law Institute also assume that such forms of relief will be available in legal systems which choose to apply those principles.
Striking Out Claims Or Defences
Authors: Andrews Neil
Published: November 2023

The court will be justified in striking out a claim or defence for non-compliance with an ‘unless order’, for example, one requiring specific disclosure of documents, only if the relevant order is sufficiently precise.3 In the same case it was said that the court will reject a party’s attempts to stifle the opponent’s claim or defence by making pedantic allegations that the latter has failed to comply with such an order.
Inadvertent Disclosure Of Privileged Material
Authors: Andrews Neil
Published: November 2023

Other chapters contain, as it were, substantive discussion of various privileges. The present chapter is predominantly concerned with the problem which occurs when documents protected by one of these, legal professional privilege, are inadvertently disclosed to the other side, but inadvertent disclosure is not confined to that privilege. The ‘inadvertent’ or mistaken nature of disclosure distinguishes the present chapter’s material from the question of ‘deliberate waiver’ which is discussed elsewhere.
Evidence In General
Authors: Andrews Neil
Published: November 2023

The fact that this chapter is relatively short might surprise some readers, especially foreign lawyers unfamiliar with the modern trends of English litigation. Even after account is taken of six other chapters containing detailed discussion of aspects of evidence law, the reader might still ask: why are the central elements of English civil evidence, namely those applicable to trial, relatively simple? That England is blessed in this regard became apparent to the author at a recent discussion in Beijing, where US, German, Japanese and English civil procedure were being examined by Chinese officials and scholars.
Tria
Authors: Andrews Neil
Published: November 2023

It is easy to exaggerate the importance of trial. Trial bears the same relationship to the English civil process as sunny days to the English summer. A large percentage of actions do not go to trial either because they are discontinued, settled, or because the case is disposed of by default or summary judgment.
Costs: General Features
Authors: Andrews Neil
Published: November 2023

The bane and burden of costs have existed for generations in the English system of civil justice and the problem of costs remains as intractable today as it ever has been.
Finality In Civil Proceedings: Claim And Issue Preclusion (Res Judicata) And Related Doctrines
Authors: Andrews Neil
Published: November 2023

This principle has already been introduced in another chapter. We shall see that the requirements that there should be an end to litigation and that matters which have been adjudicated or resolved should not be readily re-opened in other litigation have strong roots in public policy (see the next sub-section), and that the underlying principle of finality is abundantly supported and acknowledged by various rules and legal institutions.
Applications For Judicial Review
Authors: Andrews Neil
Published: November 2023

Public law is concerned with the interaction between individuals and public bodies, and between one public body and another. The substantive principles of public law are directed at ensuring that public bodies perform their duties and do not exceed or abuse their powers. In the exercise of their powers of judicial review, the courts can prevent such abuses. There are numerous grounds of invalidity which can affect a public authority’s decision.
Mark’s Gospel: The Way of Jesus
Authors: Stanton Graham
Published: November 2023

In modern times Mark’s gospel has been studied more intensively than any of the other gospels. Since most scholars accept that it was the first written gospel, it has usually been given pride of place in attempts to recover the teaching of the historical Jesus. In the early church, however, Mark was rather neglected. Scribes copied it less frequently than the other gospels; preachers rarely referred to Mark, and it was read only occasionally in church services; few commentators discussed it in detail.
What do we Know about Jesus of Nazareth?
Authors: Stanton Graham
Published: November 2023

In the opening pages of this book we sketched out some of the reasons why Christians and non-Christians alike continue to be fascinated by the life and teaching of Jesus of Nazareth. But we resisted the temptation to go searching for the historical Jesus until we had gained an appreciation of the evangelists’ individual ways of setting out both the story and the significance of Jesus. In Chapter 9 we shall discuss some of the methods which can be used to recover the teaching and actions of Jesus. In this chapter we shall consider whether or not Jesus existed, and then turn to literary and archaeological evidence from outside the gospels which may help us in our quest.
Assessing the Evidence
Authors: Stanton Graham
Published: November 2023

The four gospels contain a large number of traditions about the actions and teaching of Jesus. But how does the historian engaged in a quest for the historical Jesus assess that evidence? The evangelists set out the significance of Jesus for readers some forty to fifty years after his lifetime. The traditions on which they drew were used for several decades in oral form in Christian communities.
Parables and Aphorisms
Authors: Stanton Graham
Published: November 2023

The parables are one of the most distinctive features of the teaching of Jesus. The synoptic evangelists all record that Jesus used parables extensively. Mark claims (no doubt with some exaggeration) that Jesus did not speak to the crowds without a parable (4:34). Mark includes six parables, Matthew twenty-one, and Luke twenty-nine; nine parables can be traced to Q, nine to the special traditions found only in Matthew (‘M’), and eighteen to Luke’s special traditions (‘L’). In each gospel some of the parables are linked explicitly to Jesus’ proclamation of the kingdom of God.
Miracles and Exorcisms
Authors: Stanton Graham
Published: November 2023

In the preceding chapters we saw that Jesus was both a prophet who called for a response to the coming kingly rule of God, and a wisdom teacher. Was Jesus also a healer and an exorcist? There are eighteen traditions in Mark which portray Jesus as a miracle-worker or exorcist. Most of these are retained by Matthew and Luke, who add two Q and several ‘M’ and ‘L’ traditions. In all, there are seventeen accounts of healings in the gospels, including three of revivification; there are six accounts of exorcisms. Eight further traditions are usually referred to as ‘nature miracles’. These numbers do not include parallel passages or the many references to miracles in the evangelists’ summary passages. The bald statistics confirm the prominence of miracles in the gospels.
Conflict
Authors: Stanton Graham
Published: November 2023

In all four gospels conflict between Jesus and various Jewish groups forms a central part of the evangelists’ presentation of the story of Jesus. The evangelists all depict Jesus as at odds with religious leaders from the very outset of his ministry right up to his arrest and ‘trial’.
The Last Days
Authors: Stanton Graham
Published: November 2023

The four evangelists all record in some detail the last days of Jesus before his crucifixion and burial. In the final part of their stories they agree much more closely in the order of the events and in the content of the individual episodes than they do earlier. This is not surprising. It does not matter very much whether the incidents Mark records in 2: 1 to 3: 6, for example, happened early in the ministry of Jesus or not. Mark might well have included some of these stories in his collection of conflict traditions in chapter 12. But within the passion narratives the order of the individual episodes usually does matter. Mark could not have recorded the crucifixion of Jesus before referring to his arrest!.
Who Was Jesus of Nazareth?
Authors: Stanton Graham
Published: November 2023

In this book we have emphasized that the evangelists are concerned with both the story and the significance of Jesus of Nazareth. As we saw in Part I, the evangelists’ claims about Jesus differ considerably in emphasis and in detail, yet they share a number of convictions. They all proclaim that Jesus is the Christ, the Son of God, and the fulfilment of Israel’s hopes. The story of his life, death, and resurrection is the foundation of the Christian story.
The Nature of the Rights
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

The closely related principles of ‘due process’ and ‘the rule of law’ are fundamental to the protection of human rights. Such rights can only be protected and enforced if the citizen has recourse to courts and tribunals which are independent of the state and which resolve disputes in accordance with fair procedures. The fair ness of the legal process has a particular significance in criminal cases but ‘fair trial rights’ must also be applied in other proceedings which deal with disputes between citizen and state.
The Rights in English Law Before the Human Rights Act
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

English law provides no explicit general statement of rights in relation to the conduct of legal process. Nevertheless, it is possible to identify a number of elements which are conventionally regarded as ‘fair trial’ rights. These have been most thoroughly explored in the context of administrative law but have been increasingly recognised as being of general application.
The Impact of the Human Rights Act
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

The Human Rights Act will give further impetus to the increasing focus of the English courts on ‘fair trial rights’. Article 6 has already been the subject of de tailed discussion in a number of criminal cases. Its impact on the practice of the criminal courts is likely to be considerable. The complex and frequently changing rules of criminal procedure and sentencing wil1 be subject to re-assessment in the light of Convention ‘fair trial’ principles.
Designing Creative Careers and Creative Lives through Reduced-Load Work Arrangements
Authors: Buck Michelle L , Lee Mary Dean , Macdermid Shelley M
Published: November 2023

When we first think of creativity, we may think of artists or scientists, and paintings or writings or patents or dramatic breakthroughs. We may think of sources of inspiration, bold moments of creative insight, or specific outcomes of creativity. We may think of famous creative individuals. In these cases, creativity might be considered something that is unusual, unexpected, novel, and different from the norms for the given context. Using this perspective, another stream of creativity emerges, although perhaps more gradually, in the careers and lives of many professionals and managers in organizations. This creativity emerges over time, as the individuals and their organizations pursue new paths, not limited by precedent and traditions, but in response to changing needs and changing contexts. Indeed, Bateson (1989: 3, 9) speaks of people’s creativity in ‘composing a life’, and about ‘life as an improvisatory art... in which commitments are continually refocused and redefined’.
Creativity in Contract Workers’ Careers
Authors: Parker Polly
Published: November 2023

Contract workers-people who undertake temporary rather than permanent job assignments-create their own careers. They do so by eschewing traditional models of either organizational or occupational careers, giving rise to an emergent pattern of work arrangements that is creative, and, according to the workers’ own subjective criteria, successful. Although the careers of contract workers appear to be different from most people’s careers, the micro-building blocks or job assignments from which the careers are derived may not be so different. What appears to be different is the creative act-what Bateson (1994: 10) describes as the ability ‘to attend to something new, or to see the familiar in a new way’-in putting sequences of jobs together. Contract workers’ behavior is consistent with recent calls in career theory to depart from traditional career models and to adopt ‘new viewpoints on what we once took to be familiar’ (Arthur and Rousseau 1996: 370).
Introduction
Authors: Burt Ronald S
Published: November 2023

Saturday probably began like most days for George Temple. He woke up hungry, perhaps hesitant to get out of his warm bed. This Saturday will turn out to be unique: George will be dead at the end of it. But that will be later. Now was about breakfast and waking up. The trouble started just before noon when the regiment rounded the edge of town and started up the two linked hills known locally as Marye‘s Heights, because of the Marye family farm at the top.
The Equity Markets, Ownership Structures and Control: Towards an International Harmonization?
Authors: Elst Christoph Van Der
Published: November 2023

This paper provides an overview of the evolution of the equity markets and ownership structures in the nineties. Data on the equity markets show that the primary distinction between market-oriented and network-oriented systems must be readjusted. In some network-oriented countries equity markets became broader and more valuable. It seems that firms in network-oriented countries are seeking external capital without opting into legal systems that are more protective of minorities.
Audit Within the Framework of Corporate Governance
Authors: Nobel Peter
Published: November 2023

Corporate governance as a main issue of the more recent academic, and mainly Stock Exchange orientated, discussion has focused extensively on the functions of the board of directors. At its core, however, corporate governance is concerned with shareholder value in a market economy or beyond, with an emphasis on long-term wealth creation, leadership, and control.
Shareholder Value: A New Standard for Company Conduct
Authors: Blair Michael
Published: November 2023

This short contribution analyses the underlying purpose of the high-level obligations laid on directors by the general law of corporations in England and Wales, together with a short addition on the further duties of financial companies under the U.K. system of financial regulation. To the question “What are the directors of a company supposed to try to achieve?” the answer given is that, with the benefit of enlightened self interest, and a sense of appropriate civic responsibility, the concept of maximizing shareholder value is indeed a dominant concept for describing, motivating, and evaluating company conduct.
Decision-making under the Second Pillar
Authors: Hyde-Price Adrian
Published: November 2023

The second pillar-comprising the Common Foreign and Security Policy (CFSP), including its more recent European Security and Defence Policy (ESDP) component-is often regarded as a somewhat esoteric area, separate and apart from pillar one ‘Community’ business, widely seen as the ‘real’ substance of the EU. In important respects, this is the case. The second pillar is certainly distinctive in terms of its decision-making structures, its forms of accountability and the sources of its legitimacy. It is also frequently seen as having insubstantial policy output, with declaratory policy over effective action being the rule rather than the exception. Once again, there is some truth to this. Since late 1998, however, dramatic developments have begun to trans form the character and profile of the second pillar. Indeed, the last few years have seen more progress in European security and defence cooperation than in a11 the decades since the failure of the European Defence Community (EDC) in J 954.
Accountability and Legitimacy: What is the Contribution of Transparency?
Authors: Dyrberg* Peter
Published: November 2023

Since the term ‘transparency’ emerged in a European Union context approximately ten years ago, its use has become widespread. The term commonly appears in the company of other positive terms and expressions such as ‘openness’, ‘democracy’, ‘close to the citizens’, ‘accountability’ and ‘efficiency’. As this list illustrates, transparency has links to on going debates in the European Union such as those on the democratic deficit, good governance and administrative reform. Therefore, a few clarifying remarks should be made about the term.
The EU and Democracy Legitimate Intervention in the Domestic Affairs of States?
Authors: Neuwabl Nanette , Wheatley* Steven
Published: November 2023

This chapter examines the nature of democracy in the European Union and its legal order. Much of the current discussion about the EU and democracy is concerned with the institutions of the EC/EU itself rather than with its impact on the democratic systems of Member States and third countries. This chapter considers the expediency of procedures whereby democratic principles can be enforced against States within the framework of the EU. Particular attention is paid to the sanctions imposed by the J 4 EU Member States against Austria throughout 2000, and the ‘enforcement’ of democratic principles by the EU in its relations with those States applying for membership of the Union. Finally, attention is drawn to possible areas of reform.
EMU and Enlargement: Twin Threats to European Regional Cohesion?
Authors: Martin Ronald L
Published: November 2023

There can be little doubt that the European Union is entering an historic phase in its evolution. Over the next decade or so, two major developments are set to transform the economic landscape of the EU. First, the formal introduction of a single currency union-the Eurozone-on I January 2002 marked a major step in the economic integration (or ‘deepening’) process in the EU. Covering 12 of the 15 Member States, some 300 million EU citizens, this formative move towards full economic and monetary union (EMU) is the culmination of an idea that dates back thirty years to the Werner Plan of 1970. Money is one of the most tangible symbols of nationhood, of a nation’s territorial integrity, sovereignty, and history, and by abandoning their own currencies for the euro, the twelve members of the Eurozone are shedding not only part of their cultural identity but a considerable element of their economic autonomy.
Legitimacy and Accountability in EU Enlargement: Political Perspectives from the Candidate States
Authors: Fowler* Brigid
Published: November 2023

This chapter explores democratic political legitimacy and accountability in EU enlargement, focusing on the candidate countries of central and eastern Europe (CEE). Issues of legitimacy and accountability in enlargement have become more relevant as the process has gathered force since the EU’s December 2000 Nice summit. In some respects, Nice represented a major step forward in the enlargement process. It established what was at the time the closest thing to an enlargement timetable the EU had produced, with a ‘road map’ to the conclusion of accession negotiations for some candidates by the end of 2002, and the specification of the EU’s ‘hope’ for enlargement in 2004. This timetable has become firmer since Nice, with the EU at its December 2001 Laeken summit naming eight CEE states (excluding Bulgaria and Romania) which it expects to be able to join the Union in 2004 (together with Cyprus and Malta).
Free Movement of Persons in the European Union: The Legal Framework
Authors: Lonbay Fulian
Published: November 2023

At the special meeting in Tampere in October 1999 the Member States discussed the creation of an area of freedom, security and justice in the European Union. The aims were ambitious and involved developing a comprehensive approach to migration, including approximating rules on the admission and residence of third country nationals who should be treated fairly and with equality vis-a-vis European citizens. The policy was also to take into account the needs of neighbouring countries. Addition ally Member States were to try to create a common European asylum system. These vaulting ambitions were not present in the 1950s when the European Communities began their life, but have gradua11y evolved and been implemented using a variety of legal instruments. This chapter cannot deal with all the policy issues in this area; however it wi11 outline the legal framework created to achieve this massive undertaking and point out some of the major weaknesses in its structure in the light of a number of the proposals currently on the table in order to achieve the an area of freedom, security and justice in the European Union.
Immigration after Nice: From ‘Zero Immigration’ to Market Necessity
Authors: Dell’Olio Fiorella
Published: November 2023

The idea of building a secure space in Europe has been at the centre of the integration process for decades. Immigration and asylum have been increasingly presented, in particular during the last twenty years, as a danger to both the public order and labour market stability. Immigration, therefore, becomes a security question in that discussions about security within the area of migration are often presented as an inevitable policy response to the problem of public order. According to this view, the perception of a security problem triggers a response, which is to say that evidence of a problem precedes any reaction in terms of policy. In a democratic regime, the idea of security is partly predicated on the idea of justice. In turn, ‘justice’ is a complex and contested concept, ranging over such issues as the rule of law, fundamental rights, fairness and questions of (re)distribution. The fair administration of justice is one of the means by which a political system gains legitimacy.
National States, European Union and Changing Dynamics in the Qyest for Legitimacy
Authors: Wincott Daniel
Published: November 2023

In these concluding remarks I seek to place issues of legitimacy and accountability in the European Union in a broad panorama of European politics. The argument I sketch here is rooted in a view of Europe’s double distinctiveness. First, Europe is the home of the national state, the location in which this political form reached its fullest development. The second distinctive aspect of Europe was the creation of a supranational polity, whose institutions subsequently developed an unparalleled authority. In what seems to be a paradox, this super nationalism was a vital element in the development of Europe’s national states. In the early years of the integration process, the supranational institutions helped to keep peace among Europe’s national states and to hold open cross-national economic exchange. At the same time, these national states consolidated their national authority, and the general legitimacy of politics, through the welfare state. In effect, there was a partial but important separation of roles between the European and national levels. Legitimacy was primarily generated through the national state, while the supranational level enjoyed a secondary legitimacy.
Mitsui Bank’s Lending Policy in Transition in the Interwar Years
Authors: Ogura Shinji
Published: November 2023

In general, Japan’s largest commercial banks were little interested in exercising great influence on the managerial policies and fund positions of their customers in the interwar years. As a result, they had little interest in providing long-term loans. Instead, they dealt in short- term loans, the discounting of commercial bills, and foreign bills of exchange.After the beginning of the 1930s such a situation began to change. The commercial banks were in transition from being the in-house banks of zaibatsu to that of being the main banks for their major customers. In particular, after the hostilities between Japan and China began in 1937, the commercial banks had to meet the demand for long-term funds from their customers in the munitions industry. This was also true for Mitsui Bank, which stuck to a conservative lending policy that had been established before the First World War.
Supporting Deliberative Accountability: The Role of Traditional Accountability
Authors: Roche Declan
Published: November 2023

A number of accountability mechanisms regulate some restorative justice programmes and could, under the right conditions, regulate others. These mechanisms are overlooked by most critics because they generally have, at most, two types of accountability in mind: the openness of restorative justice meetings to observers; and judicial oversight of the agreements reached in restorative justice meetings. Their preoccupation with these types reflects the comparative nature of their critiques. Restorative justice (and any other form of informal justice) is compared with formal, courtroom justice, where open justice and appeal rights are two of the most important modes of accountability. This chapter examines the role these traditional types of accountability play in restorative justice programmes.
The Concept of Evidence and The Law of Evidence
Authors: Murphy Peter
Published: November 2023

By the term evidence, considered according to the most extended application that is ever given to it, may be, and seems in general to be, understood,-any matter of fact, the effect, tendency, or design of which, when presented to the mind, is to produce a persuasion concerning the existence of some other matter of fact: a persuasion either affirmative or disaffirmative of its existence.
Causation
Authors: Murphy Peter
Published: November 2023

Now that we have established these distinctions, we must proceed to consider causes, their character and number. Knowledge is the object of our inquiry, and men do not think they know a thing till they have grasped the ‘why’ of it (which is to grasp its primary cause). So clearly we too must do this as regards both coming to be and passing away and every kind of physical change, in order that, knowing their principles, we may try to refer to these principles each of our problems.
Standards of Proof
Authors: Murphy Peter
Published: November 2023

If the conclusion to which you are conducted be that there is that degree of certainty in the case which you would act upon in your own grave and important concerns, that is the degree of certainty which the law requires and which will justify you in returning a verdict of guilty. Philosophers of law have therefore tended to seek an elucidation of juridical standards of proof in terms of some overall theory of probability. Like jurymen they have modelled their conception of probability within a law court upon their conception of probability outside it.
Theories of Probability
Authors: Murphy Peter
Published: November 2023

The understanding faculties being given to man, not barely for speculation, but also for the conduct of his life, man would be at a great loss, if he had nothing to direct him, but what has the certainty of true knowledge. For that being very short and scanty, as we have seen, he would be often utterly in the dark, and in most of the actions of his life, perfectly at a stand, had he nothing to guide him in the absence of clear and certain knowledge. He that will not eat, till he has demonstration that it will nourish him; he that will not stir, till he infallibly knows the business he goes about will succeed, will have little else to do, but sit still and perish.
Probability: Mathematical and Non-Mathematical Models
Authors: Murphy Peter
Published: November 2023

It is obvious, too, that even when the probabilities are derived from observation and experiment, a very slight improvement in the data, by better observations, or by taking into fuller consideration the special circumstances of the case, is of more use than the most elaborate application of the calculus to probabilities founded on the data in their previous state of inferiority. The neglect of this obvious reflection has given rise to misapplications of the calculus of probabilities which have made it the real opprobrium of mathematics. It is sufficient to refer to the applications made of it to the credibility of witnesses, and to the correctness of the verdicts of juries.
Alternative Epistemologies of Evidence
Authors: Murphy Peter
Published: November 2023

First then we observe that some things always come to pass in the same way, and others for the most part. It is clearly of neither of these that chance is said to be the cause, nor can the ‘effect of chance’ be identified with any of the things that come to pass by necessity and always, or for the most part. But as there is a third class of events besides these two-events which all say are ‘by chance’-it is plain that there is such a thing as chance and spontaneity; for we know that things of this kind are due to chance and that things due to chance are of this kind.
Conclusion: How to Be Estonian
Authors: Rausing Sigrid
Published: November 2023

The history teacher on the collective farm once told me a joke about the Estonian definition of hell: a group of Latvians sitting around the campfire with their arms around each other singing. Anyone who has spent any time in Estonia immediately understands this joke: it encapsulates the ironic and aloof apartness of the Estonians, primarily in relation to the Russians but also to the Latvians and Lithuanians, who are regarded as inhabiting a similarly sentimental and excessive, although less brutal, universe.
Bail in Criminal Proceedings
Authors: Corre Neil , Wolchover David
Published: November 2023

The question of bail arises every time a case is adjourned and the accused is remanded. This key text provides a uniquely comprehensive account of the law, practice, and procedure governing bail at every stage in an action from the police station to the House of Lords. It includes the relevant legislation and procedural rules, case law, and also offers guidance on ethics as well as research findings in this area. This new edition has been completely updated to take account of major changes introduced by the forthcoming Criminal Justice Act.
Surety and Security
Authors: Corre Neil , Wolchover David
Published: November 2023

In contrast with the power, created by statute in 1967, to impose unspecified conditions of bail, the requirement to find a surety or sureties as a condition for release on bail is as old as bail itself. Indeed, historically, sureties are intrinsic to the very term ‘bail’; in the 17th century Hale defined the latter as ‘the delivery of a person out of custody into the custody of sureties’ (Pleas of the Crown, 2 vols, i, 96; the treatise was first printed in 1736 from a manuscript by the author, who died in 1680). The word ‘surety’ means a person who undertakes to be made responsible for another and sureties for bail are required to undertake to be responsible for the surrendering of the bailed person to custody on pain of being liable to forfeit the sum of money fixed beforehand by the bailing authority as a condition of releasing the person on bail.
Failing to Surrender and Breaching Conditions
Authors: Corre Neil , Wolchover David
Published: November 2023

The counterpart of the right to bail is self-evidently a duty of the bailed person to surrender to custody at the appointed time and this is expressly written into the BA 1976, s. 3(1) of which provides: ‘A person granted bail in criminal proceedings shall be under a duty to surrender to custody . . .’

The duty is enforceable in two ways. The first is by arresting the absconder. A person bailed by the police under a duty to surrender to a constable may be arrested without a warrant: PACE 1984, s. 46A.
The Principles of Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

There is no universal definition of arbitration. Within different legal systems the arbitration process is carried out in different ways and subject to different legal rules. Each jurisdiction may apply its own ‘spin’ in deciding what may and what may not be arbitrated, who may arbitrate, and how the arbitral process is to be conducted. Arbitration rules, which the parties may have adopted, will also influence the conduct of the arbitration and the parties themselves may agree specific provisions.
The Arbitral Tribunal and Jurisdiction
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The services that the arbitral tribunal provide have been stated as being ‘principally and habitually those of settling a dispute between two or more parties, even though this is done on an equitable basis’.1 The relationship between the parties and the arbitral tribunal is founded out of a contract and it is from this contract that the arbitral tribunal derives its jurisdiction. As stated in Ashville Investments v Elmer Contractors:2 ‘A non-statutory arbitrator derives his jurisdiction from the agreement of the parties at whose instance he is appointed. He has such jurisdiction as they agree to give him and none that they do not.’ Although the arbitral tribunal is a creature of contract its role is judicial. As such its jurisdiction to hear and resolve disputes is tempered by national laws. The right to hear and resolve disputes involves an ouster of the courts’ jurisdiction. Historically, the courts permitted this ouster on condition that minimum safeguards were imposed. In England this involved, amongst other things, the court having ultimate jurisdiction over any question of law.More modern arbitration legislation, both in England and internationally, requires that the arbitral tribunal acts fairly and impartially and that the courts at the seat of the arbitration have the power to set aside an award where these principles of due process are breached.
Preliminary Proceedings
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The arbitral tribunal’s main task is to provide an enforceable decision to the 8.01 parties in dispute. The arbitral tribunal is required to apply any rules that the parties have adopted and comply with any mandatory rules of the seat of the arbitration. The arbitral tribunal, in reaching its decision, must adopt a procedure which is speedy, cost effective, and fair. At the outset the control of the arbitration is in the hands of the parties who choose the seat of the arbitration and any rules under which the arbitration is to be conducted. However, once the arbitral tribunal has been appointed, some control over the arbitration will pass to the arbitral tribunal. The following sections consider the initial stages of the arbitration focusing on the autonomy of the parties, the commencement of the arbitration and the conduct of preliminary meetings.
The Parties
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

A party to an arbitration agreement to which Part I of the Arbitration Act 1996 19.01 applies includes ‘any person claiming under or through a party to the agreement’.1 The word ‘person’ refers to individuals and any body of persons corporate or unincorporated.2 The words ‘any person claiming under or through a party to an agreement’ also cover circumstances where the interest of a party to an arbitration has passed to some other person through death, bankruptcy, voluntary assignment, or, for example, by ‘name borrowing’.3 Unless the parties agree otherwise any arbitration award is final and binding both on the parties and also on any persons claiming through or under them.