bluuebunny/crossref_metadata_2025 huggingface dataset:
The Concept Of Socialist Law
Authors: Sypnowich Christine
Published: November 2023

This book seeks to remedy the contempt for law prominent in socialist writings. While political thinkers on the left are indisputably concerned with justice, they dismiss those legal institutions which, in liberal capitalist societies, have ensured some minimum measure of justice in citizens' lives. Marxists in particular have tended to reduce law to a capitalist apparatus necessary to mediate conflict between egoistic wills or social classes. The book argues against this doctrine by showing that however ideal a society socialists envisage, legal institutions would be necessary to fairly adjudicate conflict between private and public interests. Each chapter takes up an issue in liberal jurisprudence to see how it would fare in a socialist theory which takes a constructive approach to law. The rule of law, natural and legal rights, obligations, and the sources of law are among the subjects covered. The book concludes that a socialist concept of law would enrich, not only debates about the nature of socialism, but also debates about community and justice which preoccupy `mainstream' political theory and jurisprudence.
Social Order and Social Control
Authors: Heidensohn Frances
Published: November 2023

It is a convention of social-science practice to define as early as possible in the project the terms one is using in it. With ‘social order’ and ‘social control’ there are considerable difficulties with this approach since distinctive meanings and interpretations abound. These are by no means always in competition or in conflict. Rather they reflect very disparate forms and usages applied by discrete groups of scholars to their own areas with little interest or awareness of what occurs elsewhere. This scene remarkably resembles that of Shakespearian comedies such as As You Like It or The Tem/Jest where characters in another part of the forest or elsewhere on the isle obliviously engage in contemporary activities. In order to simplify a multiply complex and scattered situation I shall adopt and adapt the terminology used by Sinfield who writes of the ‘social division of control’ (1978: 138) and consider the sociological division of control first.
Comparisons and Contrasts in Policing
Authors: Heidensohn Frances
Published: November 2023

In the previous two chapters I have set out the perceptions of the women I inte viewed in Britain and America. I did so separately but within one framework. Now I want to draw this material and its broader background together and tease out the useful similarities and differences. It is not, however, my aim to repeat the lengthy quotations, but rather to suggest conclusions which may, perhaps, tentatively be based on what has gone before. While women’s role in policing has been the focus of these sections, and it is lessons about that on which I wish to speculate, there is also instruction to be gained about more general themes such as the comparative study of policing and of social institutions, social change, and social policies generally.
Conclusions: Are Women in Control?
Authors: Heidensohn Frances
Published: November 2023

The title of this book is a question. It was with this question and related ones in mind that I first began this project. Were women now more involved in social control? If they were did this make a difference either to them or to the agencies which employed them? It would be easy to say that the answers to these queries seem respectively to be ‘yes’ and ‘no, not very much’. In fact it has turned out to be a much more complicated enterprise to pursue than such straightforward enquiries might suggest. Nevertheless, while there are many caveats and qualifications to be made, there is now enough material available to respond to such questions, even if it is necessary first of all to summarize some of the difficulties I encountered in trying to answer them.
Conclusion
Authors: Kelly P J
Published: November 2023

Although the argument of this book is based on unpublished Civil Law manuscripts, reference has been made to some of Bentham’s published works, such as An Introduction to the Principles of Morals and Legislation, A Fragment on Government, and Deontology. Many of these works have been used to support the received interpretation of his moral theory. However, it should be clear that the Civil Law writings give a different perspective to the role of these other works in the development of his political and moral theory. Bentham did not intend the principle of utility to function as a straightforward injunction to maximize social well-being. Therefore, the principle of right which constitutes Bentham’s theory of distributive justice provides the formal response to the arguments of Rawls and others, who have claimed that utilitarianism cannot account for individual entitlements or respect for persons.
Ethics in Clinical Decision Making: The Care of the Very-low-birth-weight Baby*
Authors: Kennedy Ian
Published: November 2023

Given that doctors are called upon to make decisions in the management of patients, what I am concerned with here is what makes these decisions right or wrong, or more right than wrong, in a moral sense. Specifically, I am concerned with decisions involving the care of very-low-birth-weight (VLBW) babies.Merely to pose this question is to prompt another, more fundamental one. Can we sensibly or profitably discuss the rightness and wrongness of clinical decisions? There are still those, both within and outside the medical profession, who argue that we cannot.
Transsexualism and Single-sex Marriage*
Authors: Kennedy Ian
Published: November 2023

‘We all know when someone has died, it is perfectly obvious.’ ‘We all know whether someone is a man or a woman. How can there be any doubt?’Such certainty is reassuring. Some things may change, but at least fun damental truths remain. They are, after all, laid down by Nature. The chink in this otherwise disarming argument is that Nature exists only to the extent that we comprehend it. Our comprehension, however, based as it is on observation, intuition, and guesswork is always only partial. From time to time evidence appears which challenges received notions of the truth. It is received with fear; for it threatens that comforting security and certainty which hitherto have shaped our actions. It is denounced, and scorn and more is poured on its protagonists. But ineluctably it gains acceptance. It infiltrates our conception of things, sometimes slowly, sometimes with dramatic rapidity. A further dimension is added to our understanding. In this way there are always fundamentals, but they may change.
The Law Relating to the Treatment of the Terminally Ill*
Authors: Kennedy Ian
Published: November 2023

When a lawyer is invited to comment on the continuing care of those dying from cancer, the first reaction of many is surprise. The assumption is commonly made that the decisions to be taken in caring for such patients, the therapeutic strategy to be adopted, are wholly medical matters, and thus wholly for doctors to make, with or without discussion with the patient. Of course, such decisions are medical matters in that they arise in the context of the professional relationship of doctor and patient, and they are for doctors to make in that the doctor is the professional ‘on the spot’ caring for the patient. But it cannot be stated too emphatically that the principles by reference to which decisions are made are not within the unique prerogative of doctors to lay down.
Monetary Obligation: The Extent of Liquidated Sums (Nominalism)
Authors: Mann F A
Published: November 2023

THE debtor of a monetary obligation, as has been shown, is under a duty to pay money, i.e. chattels which, among other peculiarities, incorporate a reference to a distinct unit of account. The latter is not a quantity of metal, but an abstract unit of measurement which in this country cannot even be defined by the historical method. It has, therefore, been said with justification that ‘a debt is not incurred in terms of currency, but in terms of units of account’, or that ‘contracts are expressed in terms of the unit of account, but the unit of account is only a denomination connoting the appropriate currency’.
Methods of Excluding the Effects of Nominalism
Authors: Mann F A
Published: November 2023

THE conclusion to be drawn from the discussion in Chapter IV is that the effects of nominalism can to a very limited degree only be averted by the general principles of private law. It is therefore not surprising that contracting parties often agree upon special stipulations for the purpose of protecting themselves against fluctuations in the value of money. This is particularly so in long-term contracts, such as bonds, insurance policies, or charterparties, especially if they have an international character. In this country, it is true, such provisions are rare. Only two purely internal contracts containing such a clause have come up for judicial decision, and even in international transactions British creditors were in the past generally content to provide for payment in pounds sterling and to rely on the stability of the British currency.
The Determination of the Money of Account: Initial Uncertainty
Authors: Mann F A
Published: November 2023

WHEN one approaches the problem of identifying the money of account, it is essential to differentiate between the three types of circumstances which may give rise to uncertainty. They depend on whether one has to consider the money of account of a monetary system common to the territories concerned or of monetary systems that were at all material times distinct, or of monetary systems which at the time of payment are distinct, but were originally identical.
The Nominalistic Principle, its Scope, Incidents, and Effects
Authors: Mann F A
Published: November 2023

WHEN on the strength of the principles explained in the preceding chapters, the money of a certain currency system has been found to be due by the debtor, the substance of the obligation is in geheral clearly fixed and no further comment is required: if it, for instance, appears that the debtor owes 10,000 French francs, it will generally be easy to determine what such 10,000 French francs are. But the matter may become more difficult if between the time when the contract was made and the time when payment becomes due the monetary system with reference to which the parties contracted, or its international estimation, suffers a change. It may then become necessary to scrutinize the question what is legal tender of the currency and how much of such legal tender the creditor is entitled to claim.
The Protection of Foreign Currency Systems
Authors: Mann F A
Published: November 2023

A STATE’S duty to protect the monetary systems of other States may arise from treaties or even from informal arrangements such as used to characterize the sterling area; a duty of this type has been laid down by the Articles of Agreement of the International Monetary Fund, particularly by Art. VIII, in so far as certain aspects of exchange control are concerned, and is often created by bilateral treaties.

However, apart from treaties, it would at present not be possible to maintain that customary public international law imposes upon the State the general duty of affording protection to the monetary systems of the other members of the family of nations. The existence of such a duty could be asserted only if the development of international law had progressed so far as to outlaw all activities injurious to a foreign state or even to demand the. adoption of positive measures to safeguard a foreign state’s interests.
Patterns of Monetary Organization
Authors: Mann F A
Published: November 2023

Monetary Agreements, the lowest form of monetary organization, are treaties which, without creating a distinct institution with its own rules, regulate specifically and exclusively monetary matters.I Such Agreements frequently have an almost political flavour or, contrariwise, are of a highly technical character.

l. The former type is exemplified by the Declaration establishing the ‘gold block’ which between 1933 and 1936 was formed by France, Belgium, Italy, the Netherlands, Switzerland, and Poland. These States confirmed ‘their intention to maintain the free functioning of the gold standard in their respective countries at the existing gold parities and within the framework of existing monetary laws’. They asked their Central Banks to keep in close touch to give the maximum efficacy to this Declaration.2 In 1936 a Declaration which was still more frankly political was made by the United States of America, France, and Great Britain, and subsequently adhered to by Belgium, Switzerland, and the Netherlands.
Malaysia
Authors: Muntarbhorn Vitit
Published: November 2023

Malaysia is a classic example of stratification of policy and law affecting the ethnic groups of refugees and their date of arrival in the country. Colonized by the British in the nineteenth century, Malaya gained independence in 1957. In 1963 the Federation of Malaysia was formed, uniting independent Malaya with Singapore, Sarawak, and Sabah. In 1965 Singapore left the Federation and became an independent state.
Singapore
Authors: Muntarbhorn Vitit
Published: November 2023

Together with Malaysia, Singapore was a British colony. In 1963 it became a part of the Federation of Malaysia, but in 1965 it left the Federation to become the Republic of Singapore. Immigrants, in particular Indians and Chinese, have reached Singapore for centuries. The social structure of Singapore is very multi-cultural, with people of Chinese, Indian, Malay, and European origins living side by side. Traditionally, there was no delineation between refugees and immigrants.
Dispute Settlement in the Law of the Sea
Authors: Collier John , Lowe Vaughan
Published: November 2023

The dispute settlement provisions in the 1982 United Nations Convention on the Law of the Sea ( the ‘1982 Convention’) are remarkable for their detail and variety, which surpass even that of the 1899/1907 Hague Convention. The range of potential disputes is such that no single procedure for dispute settlement is appropriate. For example, there may be inter-State disputes of the kind that have in the past been brought before the International Court of Justice. These may be essentially legal in nature, as are disputes concerning jurisdiction over fishing on the high seas; or they may be inter-State disputes that involve the appreciation of a host of non-legal factors, such as disputes over maritime boundaries. They may, on the other hand, not be inter-State disputes. For example, a case arising from the seizure of a foreign vessel and its crew for fishing in a State’s exclusive fisheries zone would initially be brought before the arresting State’s own domestic courts, although it is possible that the case might subsequently, and after the exhaustion of local remedies, be taken up by the fishermen’s national State and pursued as an inter-State claim in the International Court or some other international tribunal.
Constitutionality
Authors: Fleming John G
Published: November 2023

The relationship between courts and legislature has obvious constitutional implications. Being conditioned by current political perceptions, it is apt to vary with time and place. In most countries, even those priding themselves on an in­dependent judiciary as a badge of legality, governments (executive and legislature) are jealous of pretensions by the judiciary to make rather than to merely administer law. In Western democracies, the subordination of courts to the legislature has a venerable political tradition, reinforced in most of them by the absence of any entrenched constitution which would make the courts, or at least a constitutional court, the final arbiter of powers exercised by the other branches of government.
The Gladiators
Authors: Fleming John G
Published: November 2023

The chief ‘players’ in the handling and disposition of tort claims are lawyers and insurers. This chapter will speak about their organization, their motivations, and their influence on the decision-making process in court and legislature.
Stalinism as Crime
Authors: Kurczewski Jacek
Published: November 2023

The political organization set up for Poles by Stalin in the aftermath of the Second World War lacked not only legal continuity—that remained with the Polish government in exile in London, tolerated by its old wartime ally though kept outside the frame of international diplomacy—but also its legitimate borders. Red Army field-maps at the time showed a strange state of affairs. The border with Germany in the north and west dated from 1918, while the eastern frontier, based on the 1939 German-Soviet partition, reduced Poland to half its pre-war size.
After Stalinism: Organized Injustice
Authors: Kurczewski Jacek
Published: November 2023

The Communist party held de facto power in the Polish state from 1944, but until the passage of the Judiciary Act of 1950 the Communists made changes in the legal system in a piecemeal way. ‘The Party in Poland did not need to fight against a long judicial tradition based on case law, as in the Anglo-Saxon systems, or against court powers of judicial review as specifically in the American system.’1 The pre-war Polish legal order was based on statutory laws which, once properly promulgated, were binding in the courts. It was thus a typical Continental European system which, after French, Prussian, Austrian, and Russian impositions during the 125 years since Poland lost its independence and its native common law, had been wisely unified and modernized in the form of the statutory codification that took place after the First World War, when Poland regained its inde-pendence in 1918.
Union Democracy in ‘Solidarity’
Authors: Kurczewski Jacek
Published: November 2023

For those who are familiar with the debate initiated by Robert Michels and his Iron Law of Oligarchy1 it is surprising that in the literature on Solidarity, both in Polish and in other languages, so little attention has been paid to the internal democracy that is one of the most conspicuous features of the movement. This may result from the fact that, as the movement was strongly oriented towards democracy in the political life of the society, it might have been obvious that the corollary of this was bound to be the stress on internal democratic organization. One may point in vain to the fact that even sympathizers with organized labour accept as an unwelcome weakness, perhaps attributable to some innate trait of working-class character, a lack of respect for proper procedures.
Images of the ‘Lady Manager’
Authors: Roper Michael
Published: November 2023

Gender segregation in employment is usually considered either as a function of women’s domestic responsibilities, or as the result of direct discrimination by men. Whereas the first approach concentrates on women’s role in reproduction, the second focuses on production, and how men as workers exclude women. In the culture of post-war management these aspects of segregation were woven together. Organization men explained the dominance of men in senior management as the result of women’s domestic role. A vision of motherhood as the proper fulfilment of femininity provided them with a powerful rationalization of exclusion.
C
Authors: Toth A G
Published: November 2023

Art. 36 EC provides that the provisions of the Treaty relating to competition, i.e. Arts. 81–89 inclusive, ‘shall apply to production of and trade in agricultural products only to the extent determined by the Council’ within the framework of measures adopted for the organization of agricultural markets, due account being taken of the objectives of the common agricultural policy (CAP) set out in Art. 33 EC. Although the adoption of the CAP and the institution of a system of undistorted competition are two general Treaty objectives of equal status (see Art. 3(1)(e) and (g) EC), Art. 36 nevertheless recognizes the special importance of agriculture and gives it (limited) precedence over competition policy. At the same time, it establishes the principle that the Community competition rules are applicable in the agricultural sector, and confers wide discretion on the Council in deciding how far those rules should apply to that sector (see Case 139/79 Maizena v. Council [1980] ECR 3393 at p. 3421; Case 114/76 Bela-Mühle [1977] ECR 1211 at p. 1236 per A.-G. Capotorti; Case C-137/00 Milk Marque and National Farmers’ Union [2003] ECR I-7975 at p. I-8030).
H
Authors: Toth A G
Published: November 2023

The concept of horizontal concen tration refers to mergers involving activities carried out by previously independent competing firms, that is to say, to the merging of the whole or part of undertakings situated at the same level of the production or distribution chain of goods or services (for a detailed assessment of the notion of real and potential competitors, see further under Vertical agreement). Horizontal concentrations give rise to specific competition concerns related to the fact that a competitor in the relevant market affected by the concentration ceases to exist (the so-called ‘horizontal effects’). The most relevant concerns refer to the overlapping of activities (and market shares), and the combination of the assets (industrial and intellectual property rights, production facilities or distribution networks) of the competitors that merge.
Foreword
Authors: Earl Michael J
Published: November 2023

Information Management enthusiasts tend to claim that IT has changed, or will change, organizations both in structure and behaviour. The more sceptical organizational theorists often argue that fundamentals of social organization will defeat any technological forces. Their more open, but critical, colleagues, may suggest that IT tends to enable organizational change, but very much in the spirit of an almost dialectic journey between organizational adaptations and experiment on the one hand, and technological diffusion and learning on the other. Other theorists see a convergence of information and organization, as exemplified by the work of Galbraith (1973). This school can be called the information processing view of organizational design.
Information Systems in Global Business: Evidence from European Multinationals
Authors: Earl Michael J , Feeny David F
Published: November 2023

In the literature of international business a recurring theme is the need for co-ordination of operations and their management in global organizations. Such co-ordination is indeed central to the whole concept of globalization. Co-ordination of activity in order to achieve supra-national efficiencies is argued by many writers to distinguish the global business from the ‘multinational’ (Bartlett and Ghoshal 1989) or ‘multidomestic’ (Porter 1986). And co-ordination in the strategic planning domain is at the heart of the ‘strategic intent’ which defines global businesses for Hamel and Prahalad (1989). These authors have expanded on the nature and complexity of global co-ordination required in the successful organizations of the future. Such organizations, it is claimed, exhibit the simultaneous achievement of global scale, responsiveness to markets and governments, world-wide transfer of learning, and innovation (Prahalad and Doz 1987; Bartlett and Ghoshal 1989). In place of organizational uniformity, each geographical unit will have a distinctive role within the overall business (Hamel and Prahalad 1985; Bartlett and Ghoshal 1989). In the ‘transnational’ corporation of Bartlett and Ghoshal the organization is neither centralized nor decentralized; it represents an integrated network in which there are intensive and complex interactions between physically remote but interdependent units. As Porter (1986) recognizes, the ability to co-ordinate globally is seen to be dramatically increased through advances in information technology (IT). The wide-scale use of IT is also implicit in Bartlett and Ghoshal’s (1987) vision of the transnational as an organization in which there is ‘collaborative information sharing and problem solving, co-operative support and resource sharing, collective action and implementation’.
The Foundations
Authors: Olowofoyeku Abimbola A
Published: November 2023

Judges individually shall be free, and it shall be their duty, to decide matters before them impartially, in accordance with their assessment of the facts and their understanding of the law without any restrictions, influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason. The statement quoted above is Article 2: 02 of the Universal Declaration on the Independence of Justice (the ‘Montreal Declaration’). The declaration was adopted at the first plenary session of the 1st World Conference on the Independence of Justice which was held at Montreal on IO June 1983. It was a universal statement of principle. It stated the independence which ‘national judges’ ought to enjoy. This generic statement is followed by more specific statements. For example, Article 2: 04 states that ‘the judiciary shall be independent of the executive and the legislature’. More pertinent to our present purpose,
Conclusion
Authors: Smith Russell G
Published: November 2023

This book set out to examine the GMC’s professional conduct jurisdiction throughout its history in terms of the nature of the jurisdiction and the manner in which cases of misconduct are disposed of by the PCC, and to assess whether the jurisdiction has in the past operated, and at present operates, justly in the terms previously defined. The overall impression of the jurisdiction is that those who operate it seek to act justly and are aware of the need to comply with the various aspects of justice under consideration. Where injustices and illegalities have occurred in the past, they have been, on the whole, promptly eradicated, although legislative changes have invariably been slow to appear.
Starting Off
Authors: Taylor Avril
Published: November 2023

Drug using careers, like any others, have a starting-point at which the novice enters and begins a process of learning the skills necessary to achieve the status of a competent member. This chapter focuses on this process, from the women’s first encounters with illicit substances, following their progress up to the point where they perceived themselves as addicted. The women recollect how they were introduced to drug taking, their move to ‘hard’ drugs, and their subsequent move to injecting. The women’s own active involvement at each stage becomes apparent, and the stereotypical image o( women drug users as ‘passive victims’ is thus refuted.
Social Networks
Authors: Taylor Avril
Published: November 2023

The previous chapter indicated that it is through social networks that information essential to obtaining drugs becomes available to the women. Rather than being simply instrumental in the pursuit of drugs, however, social networks and the relationships which characterize them serve other functions in the women’s lives—functions which simultaneously tie the women more securely to the drug life style. But whilst a drift away from ‘straight’ relationships is inevitable as more and more time is spent with other drug users, there is no complete severance from non-drug users in their community, Like Hanson et al.’s inner-city black heroin users (1985), the women inhabit two worlds, that associated with drug-taking and the ‘straight’ world. Being a drug user is one, albeit important, role played by the women. But they still continue to fulfil the roles of partner, daughter, neighbour and—not least importantly—mother.
The Women and Their Children
Authors: Taylor Avril
Published: November 2023

Feminists have argued that illicit drug use is abhorred in women precisely because it is regarded as a threat to the stability of the family, that women drug users are seen as rejecting the traditional role of motherhood (Ettore, 1985; News Release, 1979; Perry, 1979). With few exceptions (Bauman, 1980; Carr, 1975; Faires, 1976-7; Kaufman, 1985; Perry, 1987; Stewart, 1987), the drug using mother is generally regarded in negative terms. Some regard drug use by the mother as at least putting children at risk (Black et al., 1987; Carr, 1975; Mondanaro, 1989; Wilson el al., 1979), whilst others see it in stark terms of outright unfitness to be a mother (Densen Gerber and Rohrs, 1973; Densen-Gerber et al., 1972).
Arbitration Extra Legem?
Authors: Mann F A
Published: November 2023

On the Continent it has always been possible for contracting parties expressly to authorize arbitrators to decide ex aequo et bona, according to their views of fairness and equity, as ‘amiables compositeurs’. In England, on the other hand, the impression has prevailed that such a clause had to be disregarded. Either it is invalid (and possibly renders the contract as a whole unenforceable), because it indicates an intention not to create legal relations: cf. Rose and Frank Co. v. J. R. Compton & Brothers Ltd. [1925] AC 445. Or it has to be construed as a badly drafted, but effective arbitration clause including some unnecessary words that can be ignored. Both alternatives were considered by Megaw J (as he then was) in Orion Compania Espanola de Seguros v. Belfort Maatschappij Voor Algemene Verzekgringeen [1962] 2 Lloyd’s Rep. 257.
Anglo-American Legal Harmony
Authors: Mann F A
Published: November 2023

A Recent decision of the Supreme Court of the United States has made so important a contribution to international commercial law in general and to Anglo-American legal harmony in particular that it should shortly be noted in the pages of this Review. In MIS Bremen and Unterweser Reederei GmbH v. Zapata Off-Shore Co. 407 US 1 (1972), the court by a majority of eight, Douglas J dissenting, established the principle that in the words of Mr Chief Justice Burger, forum-selection clauses ‘are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be “unreasonable” under the circumstances’. In 1967 the petitioners, a German corporation, undertook to tow a drilling rig belonging to the respondents, an American corporation, from Louisiana to the Adriatic Sea. The contract included the clause: ‘Any dispute arising must be treated before the Lo
Fiscal Matters as Civil Matters
Authors: Mann F A
Published: November 2023

BY sections 1(1) and 9(1) of the Evidence (Proceedings in Other Jurisdictions) Act 1975 an English court is given power at the request of a foreign court to make an order for the taking of evidence if the proceedings pending abroad relate to ‘any civil or commercial matter’. It is not the character of the foreign proceedings, but that of the ‘matter’, i.e. of the issue or the cause of action arising in them, that falls to be considered for the purpose of making an order under section I.
A Post-Calvinist Catechism or a Post-Communist Manifesto? Intersecting Narratives in the South African Bill of Rights Debate
Authors: Chanock* Martin
Published: November 2023

In Wajda’s film Danton we are shown Robespierre’s son, a small boy in his bathtub, learning the new Declaration of the Rights of Man by rote. Each time the young boy falters in his recitation, he is punished. The ironies in these images come to mind when the nature of South African legal discourse over the past decade is considered.
Introduction
Authors: King Rov D , Maguire Mike
Published: November 2023

This volume was conceived at the time of Lord Justice Woolf’s inquiry into the riot at Strangeways prison in Manchester (Home Office 1991). It was anticipated- judging from the tenor of the public seminars which formed part of the inquiry-that Woolf would move well beyond the investigation of immediate events, eschewing the search for scapegoats and troublemakers, and seek to put what happened in Strange ways and the several other riots that occurred in its wake into a broader context. In the event those expectations were amply rewarded. In marked contrast to Mr Justice May’s inquiry 12 years earlier (Home Office 1979), which had been predicated upon the unruliness of staff, Woolf managed to open out the questions surrounding the behaviour of people in prison into a fundamental re-examination of the structures on which relationships are based--not just internally within the prison system but externally in regard to the rest of the criminal justice apparatus.
Russian Prisons After Perestroika
Authors: King* Rov D
Published: November 2023

At the opening of the International Conference on Penal Reform in Former Totalitarian Societies held in Moscow in November 1992, Boris Zolotukhin, Deputy Chairman of the Legislative Commission of the Russian Supreme Soviet and a member of the Moscow Helsinki Group claimed that ‘reform of the penal system is going on better than other reforms in Russia ... and that any unprejudiced observer would appreciate that the legislative body has started the process of self-limitation within the constitution’. There can be little doubt that some progress has been made towards what academician Vladimir Kudryatsev (1989) called the Socialist Rule-of-Law State: but in the three years since he wrote, progress has been less fast and more patchy than the optimists had hoped.
The Growth of Imprisonment in California
Authors: Zrmring Franklin E , Hawkins* Gordon
Published: November 2023

This article reports on a study of trends in imprisonment in the state of California over the period 1980-91. Documenting and analysing imprisonment in California is important to an international audience for two reasons. First, the pattern in California since 1980 is representative of a widespread trend in the United States of expansion in the scale of the prison enterprise. At least 90 per cent of American states are currently imprisoning offenders at a higher rate than at any other time in the twentieth century. The unprecedented expansion in California prison population is part of this pattern; and studying events in California is one approach to comprehending developments and conditions in most American states.
Sentencing Reform in Victoria: A Case-Study
Authors: Freiberg Arie
Published: November 2023

When, in the dying hours of the autumn parliamentary session of 1991 the Sentencing Bill finally emerged from a tortuous passage through the legislature to become the Sentencing Act 1991 (Vic), it culminated over a decade of sentencing reform in Victoria. That period had seen three major revisions of sentencing legislation representing Victoria’s efforts to grapple with the ubiquitous problems confronting the common law world, identified variously as discretion, disparity, desert, severity, and veracity. These issues dominated the sentencing agenda in Australia during the 1980s, and although many originated in the international social and intellectual currents which profoundly influence Australia, they were nourished by a widespread dissatisfaction with the effectiveness of the sentencing process and exploited by sections of the media for whom the responsibility for the decline of civilization as it knew it could be placed at the door of the criminal-justice system.
The Nature of the Employment Relationship in International Organizations
Authors: Amerasinghe C F
Published: November 2023

A Preliminary question of some importance is what is the basis of the relationship between staff members and the international organizations for which they work. The answer to this question will be relevant to a number of issues. For example, if the basis of the relationship is contractual, the employment relationship will commence on the conclusion of a contract, generally as a result of an offer and an acceptance; while, if the relationship is a status, the employment relationship would be created by an unilateral act of authority on the part of the employer. The difference between the conclusion of a contract and an act of authority will emerge more clearly as the analysis proceeds. Another difference resulting from the distinction between a contractual relationship and a statutory one is that subsidiary agreements and the circumstances of employment may be relevant to determining the terms and conditions of employment in the case of the former, while these may have a much more limited or no relevance to a statutory appointment. There are some other differences which will emerge and have to be examined as the discussion evolves. Suffice it to say here that for a number of reasons it may be necessary sometimes to establish in the case of any international organization what the basis of the employment relationship is.
Judicial Precedents
Authors: Amerasinghe C F
Published: November 2023

General principles of law or principles of international law have been applied by international administrative tribunals upon their own initiative to the employment relationship in international organizations. As a consequence these tribunals have often supported their decisions based on such principles by citing precedents which may be their own previous judgements or those of other tribunals or courts. There may also be cases in which a tribunal supports its interpretation or application of the written law of an organization by reference to one of its earlier judgments in which the same or a similar law has been interpreted or applied. But in both situations judicial precedent cannot as such be considered a source of law. It is the general principle of law-the principle of international law or of the written law referred to in the precedent-that is the real source of law. In any case judicial precedent cannot be regarded as a legislative source of law as such, apart from its authority in introducing general principles of law or interpretations. As was clearly stated by the LNT in its very first judgment, the tribunal would have exceeded its competence if it had legislated on Staff Regulations rather than decided disputes between the staff and the organization.
Jurisdictional Competence
Authors: Amerasinghe C F
Published: November 2023

General principles of law or principles of international law have been applied by international administrative tribunals upon their own initiative to the employment relationship in international organizations. As a consequence these tribunals have often supported their decisions based on such principles by citing precedents which may be their own previous judgements or those of other tribunals or courts. There may also be cases in which a tribunal supports its interpretation or application of the written law of an organization by reference to one of its earlier judgments in which the same or a similar law has been interpreted or applied. But in both situations judicial precedent cannot as such be considered a source of law. It is the general principle of law-the principle of international law or of the written law referred to in the precedent-that is the real source of law. In any case judicial precedent cannot be regarded as a legislative source of law as such, apart from its authority in introducing general principles of law or interpretations. As was clearly stated by the LNT in its very first judgment, the tribunal would have exceeded its competence if it had legislated on Staff Regulations rather than decided disputes between the staff and the organization.
Remedies in the ILOAT
Authors: Amerasinghe C F
Published: November 2023

As already seen in Chapter 26, the Statute of the ILOAT is different from that of the UNAT and of the WBAT in regard to its treatment of the power to grant remedies. Article VIII of the Statute gives the tribunal power to rescind the impugned decision or to order the performance of the obligation in issue. Compensation is to be awarded, if rescinding of the decision or execution of the obligation is not possible or advisable. No power is specifically given to award compensation in addition to rescinding a decision or to compensate an applicant where a decision is valid, whether or not inequities have occurred, or to remand a case for correction of procedure. How the tribunal has interpreted its statutory power to grant remedies, however, is a different matter. In fact, as will be seen, the ILOAT has not only rescinded decisions and ordered specific performance or awarded compensation where rescission is considered impossible or inadvisable but has granted remedies in a manner not specifically referred to in the Statute.
Remedies in Other Tribunals
Authors: Amerasinghe C F
Published: November 2023

The other tribunals besides those already dealt with in the previous chapters whose decisions are available are the OASAT, the ID BAT, and the LNT. They have also had occasion to decide cases in favour of applicants which have involved the granting of remedies.
Technical Regulations and Standards
Authors: Eeckhout Piet
Published: November 2023

Policies relating to technical regulations and standards are of key importance to the internal market programme.’ Not only do the measures adopted in this field represent a majority of the overall number of 1992 measures. Leaving aside quantitative restrictions, technical regulations and standards have long been considered to be the non-tariff trade barrier par excellence, which is perhaps best evidenced by the large body of case-law of the Court of Justice on Article 30 of the EC Treaty. As the internal market programme is essentially about doing away with trade barriers, distortions caused by the different national regulatory regimes governing the characteristics of products, their packaging, marking, labelling, or testing, have been made a clear target. Moreover, action in the field of technical regulations and standards is un doubtedly also critical for one of the underlying aims of the 1992 programme, which is to strengthen the technological base of the European industries, in order for them to become more competitive on world markets. Standards can embody leading-edge technologies and, as such, are able to play a major role in global competition.
Conclusions
Authors: Eeckhout Piet
Published: November 2023

The above analysis shows that the external dimension of completing the internal market in the field of trade in goods and services is a subject with many facets, even if looked at ‘merely’ from a legal perspective. Moreover, it is a subject which is in constant evolution, making the target of this study a moving one. Within the next couple of years, it may perhaps be said that this target has been completely missed. Be that as it may, an attempt has been made to expose the more general questions which the external dimension of the internal market programme raises. ‘Questions’ is indeed the right word, since this is a field in which few definitive answers have as yet been given. This study can therefore amount to no more than a status quaestionis.
Copyright, Compulsory Licensing and EC Competition Policy
Authors: Anderman Steve
Published: November 2023

The Magill TV listings case serves as a sharp reminder to copyright holders of the potential second tier of regulation of their intellectual property rights provided by EC competition law. In addition to the possible restrictions on exclusivity imposed by copyright legislation, there is now an additional risk of compulsory copyright licences created by the judicial and administrative interpretation of the competition laws under the Treaty of Rome.
Libel Law
Authors: Shillito Richard , Barendt Eric
Published: November 2023

Dissatisfaction with the law of libel has been prevalent for some time. Critics have pointed to three areas in particular as requiring reform. First, they have said that rules of pleading in libel actions are unnecessarily arcane and that the interlocutory process is unduly complex. Secondly, it is said that awards of damages are out of proportion to the loss suffered. One consequence is that defendants have in general thrown more legal resources into litigation, which in turn has increased the costs penalty for the unsuccessful litigant. A third criticism is that the balance between plaintiff and defendant, both procedurally and in relation to the burden of proof, may be tilted too far in the plaintiff’s favour. (The suggestion that, perhaps, the burden of proof ought to be reversed and placed on the plaintiff has gained increased respectability, though it has not convinced everyone.) An important incidental effect of these deficiencies in the law, say critics, is that recourse to law is too complex and expensive. The result is that, at one extreme, the impecunious plaintiff may be deprived of a remedy and, on the other hand, with so much at stake financially for the unsuccessful defendant, the law may fetter freedom of speech.
Annual Survey: Media Reporting Restrictions
Authors: Qc Andrew Nicol , rogers heather
Published: November 2023

A fundamental principle of common law justice is that it is administered in public. As the House of Lords said in 1913, ‘Every court in the land is open to every subject of the King’.1 This means not only freedom of access but also freedom to report what is said in court. Neither the right of access nor freedom to report is absolute and the qualifications, both statutory and common law, have been heavily litigated in recent years. Cases involving children have been particularly contentious. In the Family Division, county courts, and magistrates’ courts hearing civil cases concerning children Lord Halsbury’s dictum is only a faint echo. As a result of a multiplicity of statutory provisions and rules of court, such cases are almost invariably heard in private and the reporting of their proceedings is effectively prohibited
Broadcasting and Cable Services
Authors: Ballard Tony
Published: November 2023

During 1994 the implementation of the Broadcasting Act 1990 continued with the announcement of the invitation to apply for the Channel 5 licence in television and the award of the third national licence in radio, but against a background of increasing pressure for reform. This pressure reflects the changing nature of the broadcasting market on two fronts: the increasingly international ambitions of the major broadcasters and the effects or, rather, the expected effects of digital delivery techniques. Added to this is a growing awareness of the need for competition issues to be adequately addressed.
Legal Developments in Multimedia in 1994
Authors: Sherwood-Edwards Mark , Dickens Julian
Published: November 2023

‘Multimedia’ is one of those chameleon words that has the uncanny ability to mean all things to all men, but over the course of the last year its meaning has undergone a substantial shift: previously reserved more or less exclusively to off-line media, such as CD-ROMs and other forms of optical disk, it is now also used in two much broader senses: first, to mean the convergence of the traditional media being brought about by the increasing spread of digital technology; secondly, to mean the ability to deliver interactive, highly visual content to the consumer by online means (such as telephone networks, cable networks, and so on).
Tort Law in the Contract State
Authors: Hepple Bob
Published: November 2023

This paper raises some questions about the role of tort law in regulating the provision of public services in the context of privatisation, market-testing and contracting-out. The subject is one of general interest because it exposes many of the current concerns about the condition of the law of tort, and the ways in which it could be improved.
Errare Humanum Est
Authors: Weir Tony
Published: November 2023

When Lord Agamemnon and King Menelaus and even the wily Odysseus had had their say, before the captains and the kings departed, a lowly commentator stood up. He made some disobliging observations and was soundly thrashed for it. Thersites got what he deserved. He spoke out of turn. By contrast (I hope) the role of commentator is one for which I have been fingered by our genial animator: it is not a responsibility voluntarily assumed, though whether that makes much difference these days is perhaps not very clear.