bluuebunny/crossref_metadata_2025 huggingface dataset:
Metalinguistic Apparatus within Language
Authors: Harris Zellig
Published: November 2023

Certain features of language structure create a family of metalinguistic devices within language, i.e. of sentences talking about sentences and their parts. These metalinguistic devices include: metalinguistic sentences (5.2, 9.2), and a sublanguage that serves as metalanguage of the whole language (10.2); cross-reference (pronouns, 5.3); the use-mention distinction (5.4); the self-actualizing (performative) properties of I say (5.5); and metascience operators in science languages (10.4).
Analysis of the Set of Sentences
Authors: Harris Zellig
Published: November 2023

Chapter 7 presented the analysis of occurrences of language as far as it can be done in what is called structural linguistics. The analysis ended up with two general limitations. First, the co-occurrence of individual words were so numerously varied that regularities could be stated only as combinings of classes of words, with the individual word-choice as between the class combinations left unstated. The second limitation was that these regularities held only within sentences but not over whole discourses, i.e. not between the successive sentences of a longer utterance.
A New Approach to English Grammar, on Semantic Principles
Authors: Dixon R M W
Published: November 2023

Linguists often portray grammar as a kind of self-sufficient algebra. R. M. W. Dixon offers a new approach, starting from the premiss that a speaker ‘codes’ meaning into grammatical forms in order to communicate them to a hearer, who recovers the ‘meaning’. He investigates the interrelation of grammar and meaning, and uncovers a rationale for the varying grammatical properties of different words; why, for instance, we can say ‘I wish to go’ and ‘I wish that he would go’, and then ‘I want to go’ but not ‘I want that he should go’. In the first part of the book there is a review of some of the main points of English Syntax, followed by a discussion of English verbs in terms of ‘semantic types’. In the last part of the book the author looks in detail at five grammatical topics: complement clauses, which can fill subject or object slot in a main clause; the question of transitivity and causatives; passives of all kinds; promotion of a non-subject to subject slot, as in ‘Dictionaries sell well’; and the relation between constructions such as ‘She kicked him’ and ‘She gave him a kick’.
Noun Plural Marking in Singaporean English
Authors: Mian-Lian Ho , Platt John T
Published: November 2023

It is a well-known feature of typical creoles that nouns are not marked for plural. It is only when there is influence from a superstrate language which does mark nouns for plural, whether through frequent contact with its speakers or through formal teaching of and through the medium of it, that noun plural marking appears.
Research on the Verb
Authors: Mian-Lian Ho , Platt John T
Published: November 2023

In the following chapters, variation in the verb in SgE, based on extensive, detailed research by Ho, is discussed. The one hundred subjects under study are all ethnically Chinese Singaporeans who have had English-medium education. A list of the informants and their particulars is found in Appendix A. Ho’s investigation shows the extent to which SgE is influenced by the substrate language, Chinese, and in particular the Hokkien dialect,1 as well as by other factors such as simplification and other learning strategies and universals of language acquisition, all of them factors which need to be taken into consideration when examining an interlanguage such as SgE, which is ‘an ordered dynamic system’ (Platt 1978:61) advancing towards a target norm. However, it must be stressed that SgE is not just a learner’s language like the language of a learner of French in England. As the latter does not usually have a community of French-speaking English people with whom he or she can interact, it is less likely that the learner’s French will be petrified at a level at which communication can adequately take place but which is far from native speaker competence. The situation is entirely different in Singapore. Learners of English are continually exposed to SgE. At the same time, they can practice using SgE with other speakers of SgE. This constant exposure to and use of SgE has led to a petrified system which is available for informal use.
Quantitative Investigations and Second Language Acquisition
Authors: Mian-Lian Ho , Platt John T
Published: November 2023

Data on noun plural and third person singular marking (Platt 1977, Ho 1981, Wolfram 1969) seem to point to the importance of semantic-syntactic relationships. The research carried out for all three works found third person singular marking to be lower than noun plural marking. As there is no obvious special relationship between third person singular subjects and the verb as compared with the relationship between other possible subjects and the verb, marking is naturally less quickly internalized. Furthermore, there is no distinct marking of third person singular for modal verbs or for past tense (be, of course, has separate forms for singular and plural: was and were). The importance of semantic-syntactic environments for the SgE noun plural data has been discussed in Chapter 4. In general, with the New English’s, investigations have shown that noun plural marking is higher when nouns are preceded by quantifiers than when not. One cannot overemphasize the value of quantitative data: the ordering of environments in terms of difficulty of acquisition of a variable and the ordering of data by means of implicational scaling for any linguistic variable(s) can certainly provide much-needed insights and short cuts in the teaching/learning processes (Platt 1976).
The Value of Definite Determiners from Old Spanish to Modern Spanish
Authors: Batllori Montse , Roca Francesc
Published: November 2023

This chapter focuses on the analysis of determiners and offers a comparative approach by paying special attention to the syntactic and semantic properties of the definite article and the demonstrative in Modem Spanish and Old Spanish (see F. Roca 1997 and Batllori 1996, respectively). Our main goal is to show that in Old Spanish the behaviour ofel, la, las, las can only be explained by referring to two subsystems of grammar. The more general one is the innovative grammar or subsystem in which these forms function as discourse anaphors (in the same way asis, ea, id did in Latin). This amounts to saying that the syntactic change from a demonstrative to a definite article had already started in Late Latin.
The Role of the Modern Police
Authors: Heidensohn Frances
Published: November 2023

I Have already pointed out that research on police and policing is a recent and fruitful addition to the academic orchard. Indeed, mushrooms rather than fruit might be a more appropriate analogy, since work on these topics has grown so rapidly. Introducing a collection on the British police, Holdaway noted ‘the relative dearth of research’ (1979: 1) yet ‘within less than a decade’ was able to mark ‘its contemporary irrelevance . . . a great deal of interest is evident among academics’ (1989: 55). The situation is described by Reiner and Shapland as ‘an efflorescence of writing and research about the police . . . Books and articles . . . are now being published at a breath-taking pace’ (1987: 1).
The Origins, Drafting and Significance of the International Covenant on Civil and Political Rights
Authors: Goldrick Dominic Mc
Published: November 2023

The traditional rule of international law was that, apart from the treatment of aliens,3 and possibly humanitarian intervention,4 the rights of individuals were not matters regulated by international law. Some of the earliest examples of international law concerning itself with individual rights can be observed in the attempts in the nineteenth century to abolish slavery and the slave trade. The revolutionary development of the twentieth century (though some would argue it is more properly viewed as an evolutionary development) has been the internationalization of the concept of human rights. Among the most significant milestones in this development were the Covenant of the League of Nations (1919), the Mandates System, the establishment of the International Labour Organization (1919), the Minorities Treaties and Declarations, President Roosevelt’s ‘Four Freedoms’ address in his message to Congress on 6 January 1941, the Declaration of the ‘United Nations’ of 1 January 1942, and the Charter of the United Nations (1945).
Articler
Authors: Goldrick Dominic Mc
Published: November 2023

All peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Appraisal and Prospectus
Authors: Goldrick Dominic Mc
Published: November 2023

Thirteen years is too short a period in which to fully evaluate the activities of the HRC under the Covenant. It is long enough, however, to permit an interim evaluation of the effectiveness of the HRC’s work. On the basis of that evaluation it is possible to offer some general observations and assess the prospects for the work of the HRC. This assessment must be read in conjunction with the comments and appraisals contained in the foregoing chapters.
Security, Expectation, and Liberty
Authors: Kelly P J
Published: November 2023

THE fundamental difference between the interpretation offered in this work, and that of its most important rival concerns the role of justice within Bentham’s moral theory. In his book Bentham and the Common Law Tradition, G. J. Postema writes:

No moral concept suffers more at Bentham’s hand than the concept of justice. There is no sustained, mature analysis of this notion to match that of Mill’s discussion in Utilitarianism. Seldom willing to take the notion seriously, he was most inclined to respond t talk of justice in an entirely polemical fashion, dismissing it summarily as, at best, innocently vague and potentially obscurantist, but more often a mask for social antipathy and malevolence.
Benefit, Reliance, and the Structure of Unjust Enrichment
Authors: Beatson J
Published: November 2023

There is a danger that we tend to overuse our favourite concepts, particularly once we have left the familiar territory of contract and tort. For restitution lawyers the temptation is artificially to enlarge the category of obligations which are based on the defendant’s unjust enrichment at the expense of the plaintiff by an over inclusive concept of enrichment. Restitution scholars have encouraged a broad approach to ‘enrichment’ and argued that the subject’s boundaries should be limited by the grounds of relief (the question of ‘unjustness’) and the meaning of ‘at the expense of’.1 One consequence of a broad approach to enrichment may be to marginalize the concept of ‘reliance’.2 It is perhaps no accident that neither of the English books on Restitution3 refers to ‘reliance’ in the index. In so far as reliance is considered in the text it is treated as a factor in the determination of whether something is enriching and, if so, whether it is ‘at the expense of’ the intervener/plaintiff. In effect reliance is treated as a sub-category of enrichment.
Mistaken Payments in the Law of Restitution*
Authors: Beatson J
Published: November 2023

The object of this essay is to consider the rules governing the restitution of benefits conferred by mistake. We present a simple economic model to aid the analysis of the legal doctrines that have been used by the courts. Within mistake we shall concentrate on the law on mistaken payments because it is the most developed. We have therefore used it as a model to identify and evaluate the range of possible rules which might be available. In this we have drawn on the fact that restitution based on the principle of unjust enrichment has reached differing states of development in common law jurisdictions in the United States, Canada, and England,1 with an apparently sophisticated system in the first two but not in the third. We shall argue that those systems with a developed and sophisticated law of restitution are not necessarily more efficient.
The Nature of Waiver of Tort
Authors: Beatson J
Published: November 2023

Those who, pace Lord Diplock,1 believe that the principle of unjust enrichment has a role to play in English law and that there is a type of claim, independent of claims based on contract, tort, or property, properly termed restitutionary, are confronted with serious problems of definition and categorization. Many of these are due to the influence in the past of the implied contract theory which seriously inhibited the development of the law of restitution.2 For this reason, in the past, more attention was paid to the distinction between restitutionary claims and contractual claims than to that between restitutionary claims and claims in tort.3
Patient Welfare
Authors: Teff Harvey
Published: November 2023

Nowadays it would not seem unnatural to think of doctors’ duties towards their patients as deriving from the rights that patients have against their doctors. Such a view is compelling as a matter of abstract reasoning and accords with modern attitudes towards the status of individual rights. But recognition of the individual’s rights is a relatively modern notion. As Feinberg has observed, until about forty years ago moral philosophy was overwhelmingly concerned with duties. Duties were seen as foundational and moral rights as a kind of afterthought: ‘rights were merely an alternative way of speaking of other people’s duties’. ‘This’, he said, was ‘especially puzzling when one remembers that statements of rights are often logically connected to statements of duties.’ ‘The right-holder’s right often provides the whole grounding for the other party’s duty’. And again, there is ‘ ... considerable plausibility in the view that your rights have a moral priority over my duties, in the sense that the duties are derived from them rather than the other way around’. ‘It is because I have a claim-right not to be punched in the nose by you, for example, that you have a duty not to punch me in the nose ... My claim and your duty both derive from the interest that I have in the physical integrity of my nose.’
The Concept of Money
Authors: Mann F A
Published: November 2023

THE troublesome question, What is money? has so constantly engaged the minds of economists that a lawyer might hesitate to join in the attempt to solve it. Yet the true answer must, if possible, be determined. For ‘money answereth all things,. It is a fundamental notion not only of the economic life of mankind but also of all departments oflaw. In fact, a great deal of a lawyer’s daily work centres around the term ‘money’ itself and the many transactions or institutions based on that term, such as debt, damages, value, payment, price, capital, interest, tax, pecuniary legacy. Money is a term so frequently used and of such importance that one is apt to overlook its inherent difficulties, and to forget that the multitude of its functions has led to a multitude of meanings.
Monetary Obligations: Types and Payment
Authors: Mann F A
Published: November 2023

IT has already been observedI that it is one of the most important, though not the basic, functions of money to serve as a general medium of payment. In fact, in innumerable cases money not only functions as the contemplated or immediate means of fulfilling obligations, whether compulsorily imposed or voluntarily contracted, but may also be described as a ‘medium of final compulsory liquidation or as a medium of final tender’. The latter observation has particular force in this country, where the fundamental principle of the law of damages that the injured party is entitled to restitutio in integrum cannot be taken in the literal sense of denoting naturalis restitutio, but in the sense of the Roman maxim, ‘omnis condemnatio est pecuniaria’.
Introduction
Authors: Mann F A
Published: November 2023

IT will be recalled that it was the primary object of the first part of this book to consider a domestic (English) currency within the setting of its own domestic (English) law, and that the second part dealt with foreign (for example, French) currency within the sphere ofdomestic (English) law. The relationship between a given domestic currency, on the one hand, and a foreign currency, on the other hand, could not be entirely ignored; thus reference had to be made to certain problems of conversion, particularly to the question of the date with reference to which conversion has to take place. However, notwithstanding some overlapping and some unavoidable inelegancies, the main problem of the exchange of one currency for another remains to be treated separately in the following, third part of this book.
Introduction
Authors: Mann F A
Published: November 2023

THE preceding Parts of this book have shown that to some extent the municipal law of money is directly derived from public international law. The connection has been established mainly by the Articles of Agreement of the International Monetary Fund, for they determine the public policy of more than 150 States in regard to exchange restrictions introduced by member States’ and they contain a specific provision which deals with the enforceability of certain contracts in member States.
The International Court of Justice
Authors: Collier John , Lowe Vaughan
Published: November 2023

The International Court of Justice was created in 1945 by its Statute, which forms part of the Charter of the United Nations. Unlike its predecessor, the Permanent Court of lnternational Justice, which existed from 1923 to 1945 during the life of the League of Nations, but which was not an organ of the League, the International Court is the principal judicial organ of the United Nations (Charter, article 92). The Court has its own Rules of Procedure, which it establishes within the framework of the Statute and which it can alter. The Rules presently in force are those of 1978.
Introduction: The Old System and the Revolution
Authors: Kurczewski Jacek
Published: November 2023

The sudden social movement which, in 1980, crushed the shell of the apparent calmness, passivity, and satisfaction of the Polish people, offered an exceptional opportunity for a review of the various conceptions and pseudo-conceptions which—in lieu of the prohibited sociological reflection—Polish sociologists produced for themselves and for others. Polish sociology, reborn after the liberalization of October 1956, soon lost its breath in the sphere of theories of Polish society. The sociologists’ own opinions were camouflaged in the form of the various socio-vocational classifications that passed as the theory of social structure, cyclic models of disturbances that, instead of political theory, were carried out in terms of changing configurations of power within the ruling elite, and in the choice of problems for critical diagnoses of the various spheres of social life.
Words and Deeds: Demands and Events
Authors: Kurczewski Jacek
Published: November 2023

If the ultimate sanction of execution always existed, the glue that kept the regime in place was what Dionisio Ridruejo, the repentant Falangist poet, once characterized to me as ‘administrative coercion’. Everything from a driving licence to a job depended on acceptance—at least in foro extemo—of the regime. Those who live in democratic societies cannot understand the efficacy of this mechanism when it pervades a whole society. It takes a brave man to risk his prospects of promotion and the livelihood of his family for his convictions. Most ordinary citizens conform in order to survive; even university professors do not relish losing their chairs. In an authoritarian regime self-censorship become a conditioned reflex for weary intellectuals.
Self-Limited Freedom of Expression: Censorship
Authors: Kurczewski Jacek
Published: November 2023

The debate within Solidarity exposed us to the reality of the rights as enjoyed by the members of the democratic society created by the movement in 1980/1. In a democratic society it is often assumed that basic freedoms are safeguarded on the macrolevel of society, so that one should be less concerned with these when dealing with the internal life of private organizations such as the Church, trade unions, or political parties. A concept of ‘one degree minus’ seems to operate by which it is understood that once a number of freedoms exists in the society at large, one degree less of freedom within an association might be tolerated unless the association is really voluntary, and it is of one’s own free will that one surrenders one of the freedoms while entering it.
Personal Freedoms: Religion, Personality, and the Privatization of the Body
Authors: Kurczewski Jacek
Published: November 2023

If one looks at the 1988 survey, the concern with issues of religious doctrine and religiosity might seem obsessive. But religion was for decades the main source of ethical judgement for most people, and this function was finally recognized even by the atheist regime. In the last and most tense days of the strikes in the summer of 1980, the primate, Cardinal Wyszyilski, who had been for decades the enemy of the Communist establishment, was televised across the country preaching the need to return to work. This move was immediately discounted, however, by the opposition as Communist propaganda manipulation. One may, however, think that the Church, through the primate, was willing to speak on behalf of fundamental social order, of which the Communist authorities were inefficient instruments and not masters in their own right. Since this unexpected move the Church has been continually invited to join the political scene as the major repository of the values promoting social solidarity.
The Rule of Law: Democracy and Freedoms
Authors: Kurczewski Jacek
Published: November 2023

The social history of rights described so far has dealt with the decisive forces and events of the post-war period. But to learn how the processes leading up to the resurrection of freedom related to Polish society in general it will be helpful to look at data from public-opinion surveys. There are difficulties with using such data. Some rights and freedoms may have lain dormant, so that only particularly sensitive individuals would have been aware of their significance. Other rights and duties, though reaching public awareness, may not have been fully appreciated. It looks as if the majority of Poles were aware of the lack of free elections.
‘Family Romances’: Management Succession and the Older Man
Authors: Roper Michael
Published: November 2023

For Max Weber, the exclusion of emotion from public life accompanied the transition from pre-industrial to industrial organization. The specific nature of bureaucracy, he wrote, ‘develops the more perfectly the bureaucracy is “dehumanized”, the more completely it succeeds in eliminating from official business love, hatred, and all purely personal, irrational, and emotional elements which escape calculation’.
The Framework: Group Rights and Self-Determination
Authors: Ian Brownlie Q C , Brookfield F M
Published: November 2023

In the course of this lecture, the debate focused upon the Treaty of Waitangi will be approached from a different angle, that of group rights. The concept of group rights is reflected in a series of standard political models including self-determination and its analogues, the protection of minorities, and the rights of indigenous peoples. These models will be examined and their current relevance assessed. However, the particular ramifications of the concept of indigenous peoples will be reserved as the subject of the third lecture. The umbrella concept for present purposes is that of group rights. Oddly enough, it is far from easy to produce a neat definition of group rights. At least two criteria appear to be involved.
Waitangi: More a Problem than a Solution?
Authors: Ian Brownlie Q C , Brookfield F M
Published: November 2023

It is now time to produce a final report. Final, only in the sense of the structure of these lectures. The problems addressed are difficult, and my conclusions can only be provisional. Indeed, in New Zealand there is debate about the very content of the agenda, and final answers can only be expected when there is agreement about the questions that should appear on it.
Women’s Experience of Pornography: UK Magazine Survey Evidence
Authors: Itzin Catherine , Sweet Corinne
Published: November 2023

In the US women had a number of opportunities during the 1980s to speak in public about the harm they have experienced in their private lives as a result of pornography. In 1983 there were the hearings held by the Minneapolis City Council when they were considering whether or not to enact civil rights legislation against pornography. In 1984 there were hearings held in four US cities by the National Organization of Women (NOW), and there have since been hearings held by the US Senate.
Legislating Against Pornography without Censorship
Authors: Itzin Catherine
Published: November 2023

There is, in fact, no legislation against pornography. Instead there is legislation against obscenity and indecency. This is criminal legislation aimed at restricting the publication, distribution and display of material which is regarded as obscene and indecent. Legal definitions of obscenity and indecency have been vague and subjective and open to interpretation, but always formulated in terms of morality and immorality. Obscenity has therefore been something to be monitored, regulated and controlled: confined to the private sphere where it has been assumed that people should have the right to see and do whatever they want without harming or offending others. This legislation has proved to be inadequate and ineffective in dealing with pornography.
Knowledge Strategies: Propositions From Two Contrasting Industries
Authors: Earl Michael J
Published: November 2023

It has been argued by Bell (1979) and others that knowledge is the key resource of the post-industrial era and that telecommunications is the key technology. Employment categories have been reclassified to accommodate knowledge-working (Porat 1977) and some analysts have argued that knowledge workers already form the dominant sector of western work forces (OECD 1981). Computer scientists are prone to suggesting that knowledge-based systems can yield abnormal returns. For example, Hayes-Roth et al. (1983) claim that knowledge is a scarce resource whose refinement and reproduction create wealth and, further, that knowledge-based information technology is the enabler that turns knowledge into a valuable industrial commodity. It could be argued whether knowledge is scarce, particularly as it can be created, reproduced, and shared with as much chance of multiplying value as depleting it. Indeed, economists who are concerned with allocation and distribution of scarce resources—and also who make assumptions about availability of perfect or costless information—do recognize these unusual qualities, classifying knowledge as a public good (Silberston 1967).
Discretion and Rules A Lawyer’s View
Authors: Schneider Carl e.
Published: November 2023

In modern society the law regulates the complex behavior of millions of people. To do this efficiently—to do this at all—broadly applicable rules must be used. Yet such rules are bound to be incomplete, to be ambiguous, to fail in some cases, to be unfair in others. Some of the drawbacks of rules can be minimized by giving discretion to the administrators and judges who apply them. Yet doing so dilutes the advantages of rules and creates the risk that discretion may be abused. Working out the proper balance of these considerations is both necessary and perplexing in every area of law.

Scholars, lawyers, and judges are hardly unaware of these problems. Those who have most directly addressed the problem of discretion fall primarily into two groups. The first group comprises of those—principally sociologists1 and political scientists, but also some lawyers-who examine discretionary decisions and ways of controlling discretionary decisions in various particular bureaucratic contexts, most extensively the police. The second group consists of the legal philosophers who have for decades, if not centuries, asked, ‘Do judges in some cases have freedom in resolving legal issues to decide them more than one way, or are judges always legally bound to reach one conclusion rather than any others?’ (Greenawalt 1975: 365). The former group thus directs its attention to highly context-specific questions, the latter to highly abstract questions.
Absolute Judicial Immunity Derationalized
Authors: Olowofoyeku Abimbola A
Published: November 2023

The need to justify any rule immunizing one party in respect of unlawful damage caused to another is clear from the above quotation, and from the observation of Doyle J. in Mason v. Melendez that ‘Immunity from damages, whether absolute or qualified, represents a sharp departure from the principle that persons are responsible for the harm they inflict upon one another, and that the victims may seek compensation from the perpetrators’. When such an immunity is absolute, the need for justification is even greater, and for present purposes absolute judicial immunity is the focal point. As discussions in earlier chapters reveal, the immunities of judicial officers from civil liability are, according to judicial interpretation, absolute once the judicial nature of their actions is established. Neither malice, negligence, nor corruption affect these immunities.
An ‘Agreement in Writing’ to Arbitrate
Authors: Mann F A
Published: November 2023

In Zambia Steel & Building Supplies Ltd. v. James Clark & Eaton Ltd. [1986] 2 Lloyd’s Rep. 225 the English sellers had sent to the Zambian buyers a quotation which was no more than an invitation to make an offer and which contained an arbitration clause. The contract was concluded orally in Zambia on the terms of the quotation. The Court of Appeal (O’Connor and Ralph Gibson L JJ and Sir Denys Buckley) held that the buyers had orally assented to the written terms and that therefore there existed an agreement in writing to submit to arbitration within the meaning of section 7 of the English Arbitration Act 1975. In reaching this result the Court followed the singularly liberal practice which earlier decisions had established for the purpose of the words ‘written agreement to submit’ in section 32 of the Arbitration Act 1950 (and its predecessors) and which was most recently affirmed in Excomm Ltd. v. Ahmed Abdul-Qawi Bamaodah [1985] 1 Lloyd’s Rep. 403.
Foreign Awards
Authors: Mann F A
Published: November 2023

IN Hiscox v. Outhwaite [1991] I WLR 297 an arbitrator sitting in London had made an award holding the respondent Outhwaite liable. Thereupon the respondent proceeded as one would expect: he applied to the High Court for leave to appeal, for an order directing the arbitrator to state further reasons for remission of the award. These applications were made pursuant to section 1(3)(b) and section 1(5) of the Arbitration Act 1979 and section 22 of the Arbitration Act 1950. In other words, the respondent not unnaturally, proceeded on the footing that the award had been made in England where the proceedings had taken place. No doubt that respondent and his advisers were fully aware of the fundamental distinction which English law draws between awards made in England, i.e. English awards, and awards made abroad, i.e. foreign awards. The former are governed by Part I of the Arbitration Act 1950 as amended by the Arbitration Act 1979, while the latter come under Part II of the Act of 1950 and the Act of 1975.
Service Outside the Jurisdiction
Authors: Mann F A
Published: November 2023

Although the decision of the House of Lords in The Brabo [1949] 1 All ER 294 raises certain questions of constitutional law upon which others will probably wish and feel qualified to comment, it is primarily important for the interpretation of Order I I of the Rules of Supreme Court relating to the service of process upon a defendant outside the jurisdiction. The plaintiffs brought an action against a Belgian company, the Ministry of Supply, and the British Iron and Steel Corporation, Ltd., and applied for leave to serve the first defendants on the ground (Order II, r. 1, sub¬ paragraph (g)) that they were a ‘proper party to an action properly brought against some other party duly served within the jurisdiction’.
National Bank of Australasia Ltd.v. Scottish Union and National Insurance Co. Ltd.
Authors: Mann F A
Published: November 2023

The decision of the High Court of Australia in National Bank of Australasia Ltd. v. Scottish Union and National Insurance Co. Ltd. (1951) Argus LR 229 was shortly referred to at (1952) 68 LQR 205, but has now been reversed by the Privy Council (see [1952] AC 493) and in these circumstances the case requires more extended comment.
‘Peoples’and‘Populations’-Indigenous Peoples and the Rights of Peoples
Authors: Nettheim Garth
Published: November 2023

Since the early I 970s there have been attempts by a number of individual nation states, including Australia and Canada, to come to terms in their different ways with the claims of indigenous peoples. The international legal system, too, has begun to acknowledge that indigenous populations may have claims worthy of response in terms of international law.
Introduction
Authors: Lobban Michael
Published: November 2023

Fourteen years after the Sharpeville shootings, the legal assault that had been unleashed on protest organizations in its aftermath seemed to have had the effect of crushing political activity. ‘Right now there are people who are dying right in Robben Island because of their convictions,’ Harry Nengwekhulu told a SASO meeting at the University of Natal’s Black section, ‘They are rotting there because they have been destroyed.’1 By the 1970s, apartl;leid was no longer a new policy being put into place, as it had been in the 1950s, but was an entrenched reality, reaching its fulfilment with the granting of ‘independence’ to Transkei in 1976. On the surface, there appeared to be stability. Whites, who had seen economic prosperity and political security throughout the late 1960s, took for granted the status quo; blacks, who faced defeat at home at a time of liberation throughout the rest of Africa, seemed to accept it with sad resignation. For the whites, the few years before the Soweto uprising were the high noon of apartheid, the paradise spoiled only by the lack of international cricket.
The Growth of Black Consciousness: BPC and SASO 1972-1974
Authors: Lobban Michael
Published: November 2023

On 25 September 1974, the South African Students’ Organization and the Black Peoplés Convention held two rallies to celebrate independence in Mozambique. Within two weeks, twenty-nine black consciousness leaders were in detention, as the state prepared for a major trial of the black consciousness movement which would see nine leaders of BPC and SASO in court and initiate a legal onslaught against the black consciousness movement that was to last until 1979. The trial was to be the longest political case of the 1970s, and a crucial one, for it was a trial of the aspirations of the liberation movement and of the direction South Africa was likely to take if these ideas were given free rein.
From Ideas to Action: Terrorism Trials before the Soweto Uprising
Authors: Lobban Michael
Published: November 2023

At the same time that BPC and SASO were being tried for their ideas, the authorities were becoming increasingly aware that blacks were seeking more positive action beyond what those organizations offered. The state had always been alive to the danger of exiled organizations seeking to recruit in South Africa: now they became conscious of the danger of youthful activists themselves seeking to make contacts, particularly through the exiles of black consciousness, who were ever-growing in numbers. By 1975, the police were no longer seeking to put together cases based on the public actions and comments of oppositional groups: they were concerned to penetrate the private world of the intentions of black youths to crush any nascent underground revolutionary movement.
How Far Can The Common Law Go Towards Protecting Human Rights?*
Authors: Doyle John , Wells Belinda
Published: November 2023

There are two obvious limits to what the common law can achieve by way of protecting human rights. The first is a matter of law—the principle of Parliamentary supremacy. Any legislation can override rights recognised and protected by the common law. The second is a matter of technique and attitude. By and large the common law Courts have not reasoned from the premise of specific rights. Our boast, that we are free to do anything not prohibited by law, and that official action against our will must have the support of law, reflects the fact that our rights are residual—what is left after the law (and in particular, legislation) is exhausted. Our thinking does not proceed from rights to results—rather, our rights are the result.
Patterns of Substitution
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine
Published: November 2023

In the previous two chapters we considered patterns of bequeathing which were based on testators’ first choice of beneficiaries. However, some wills also include substitution clauses which specify what is to happen to a particular bequest in the event that a first choice beneficiary predeceases the testator. In this chapter we discuss patterns of bequeathing in these cases where entitlement to a bequest is conditional on the prior death of another beneficiary.
State Practice: Other Examples
Authors: Kontou Nancy
Published: November 2023

This chapter reviews a number of cases from State practice relating to treaty termination or revision in the light of new customary law. The disputes examined belong to different subject-areas and are presented in chronological order, according to the time when they first arose. Their value as precedents varies and is briefly discussed in each case. In 1815 France and Great Britain signed a Convention regulating various matters relative to their possessions in the East Indies. In Article 9 of the Convention France and Great Britain engaged to extradite any person who, after being prosecuted for crimes committed or civil debts contracted within the territory of one of the parties, sought refuge in the territory of the other. The Convention was intended to be permanent, no modification being allowed without the consent of both parties.
The Uneasy Years 1963-1974
Authors: Necatigil Zaim M
Published: November 2023

Tensions rapidly built up through the summer and autumn of 1963. On 3 December, Archbishop Makarios, the President of the Republic, publicly announced his thirteen-point proposed revisions of the Constitution, which he had submitted to Dr F. Kutchuk, the Turkish Vice-President, a few days earlier. Turkey rejected these proposals on 16 December 1963. The Archbishop refused to accept Turkish rejection. Within days, the fighting began.
The Treaty of Guarantee
Authors: Necatigil Zaim M
Published: November 2023

The Treaty of Guarantee, signed in its final form on 16 August 1960 between the United Kingdom, Greece, Turkey, and the Republic of Cyprus, has four substantive articles Under article I, the Republic of Cyprus undertook the obligation to maintain its independence, territorial integrity, and security as well as respect for its Constitution. The same article prohibited union with any other state.2 Under article II, Greece, Turkey, and the United Kingdom guaranteed the independence, territorial integrity, and security of the Republic of Cyprus and also the state of affairs established by the basic articles of the Constitution. Article III contains a pledge on the part of Cyprus, Greece, and Turkey to respect the integrity of the areas retained under United Kingdom sovereignty and not to interfere with the operations of the British sovereign bases.
Human Rights in Cyprus
Authors: Necatigil Zaim M
Published: November 2023

A number of countries have incorporated in their constitutions, in whole or in part, the provisions of either the Universal Declaration of Human Rights, which was proclaimed by the General Assembly of the United Nations on IO December 1948, or of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which was drawn up by the Council of Europe on 4 November 1950. The 1960 Constitution of Cyprus contained a code of human rights based on the European Convention, but included certain special provisions as to communal rights, and individual rights to be enjoyed by members of either community.
Sentencing Reform: England and Wales
Authors: Thomas D A
Published: November 2023

The development of the modern English sentencing system begins with the Criminal Justice Act 1948.1 This statute did away with the lingering traces of nineteenth-century sentencing, abolishing penal servitude, imprisonment with hard labour and whipping, and removed remaining restrictions on the power to impose fines in cases of felony.
Sentencing Guidelines in Minnesota and Other American States: A Progress Report
Authors: Frase Richard S
Published: November 2023

Presumptive sentencing guidelines developed by an independent sentencing commission have, since the late 1970s, represented the dominant approach to sentencing reform in the United States. Although the Federal Guidelines are the best known (and most criticized) example, such guide lines have also been adopted by many of the American states. This essay describes the wide variety of state sentencing guidelines, examines their common themes, and summarizes the available evidence on the impact and evolution of these systems in practice. Greater attention is given to the Minnesota guidelines, since they have been in effect the longest and have generated the most extensive body of sentencing data, interpretive case law, post-implementation amendments, and evaluative literature.
Non-Discrimination and Equality
Authors: Craven Matthew C R
Published: November 2023

As a human rights instrument, the clear purpose of the Covenant is to protect the fundamental rights of every person without exception. That human rights are seen to adhere to every human being by virtue of their humanity means that they are possessed by every person to an equal extent. As the Preamble stresses, the Covenant is based upon an idea of the ‘equal and inalienable rights of all members of the human family’. The concept of ‘equal rights’ is confirmed in the Covenant in a general manner by the fact that the rights pertain to ‘everyone’, and more specifically in article 3 which makes express reference to the equal rights of men and women. The idea of equality may also be found in a number of other provisions in the Covenant. Article 7 refers to ‘equal remuneration for work of equal value’, to ‘equal pay for equal work’, and to ‘equal opportunity for everyone to be pro moted’. Similarly, article 13 provides that ‘higher education shall be made equally accessible to all’. However, it follows from the structure of the Covenant that the most important provision as regards the promotion of equality or of equal rights within the Covenant is article 2(2). In that provision, recognition of a concept of equality is to be discovered in a negative formulation prohibiting discrimination.
Just and Favourable Conditions of Work
Authors: Craven Matthew C R
Published: November 2023

In a broad sense, the right to just and favourable conditions of work in article 7 is an essential corollary of the right to work (found in article 6). If, on the one hand, work is seen to be a necessary evil then humanity requires that the conditions under which it is undertaken are as tolerable as possible. On the other hand, if work is seen to be a productive activity entered into as a matter of choice, then utility demands that the terms of employment are reasonable and attractive. Notwithstanding such considerations, some elements of article 7 are among the most controversial of all economic, social, and cultural rights. It may be questioned, for example, whether rest and leisure are sufficiently important to be established as ‘human rights’. Equally, it is now frequently argued that the benefits to the individual of instituting a minimum wage are far outweighed by the harm it causes to the economy in general. There are, however, a number of less controversial elements to article 7, such as the right to equal remuneration and the right to safe and healthy working conditions, which are undoubtedly of importance.
Statutory Provisions in Relation to Sources of Law
Authors: Amerasinghe C F
Published: November 2023

Especially in the case of a court or tribunal of limited jurisdiction Uuridiction d’exception or juridiction d’attribution) as opposed to a court or tribunal of general jurisdiction Uuridiction de droit commun), it is a conceivable argument that provisions contained in the instrument creating it or its Statute or in some other related and relevant document may specify and limit the sources of the law it may refer to in deciding cases brought before it. This may be the case even though competence, which is certainly based on the constitutive instrument, is distinguished from sources from which the applicable law is drawn. It is arguable that it is the prerogative of the creator of the court or tribunal of limited jurisdiction also to specify what rules and principles may be applied or from what formal sources such rules and principles may be derived.
Constituent Treaties
Authors: Amerasinghe C F
Published: November 2023

Significant among the legal arrangements that may be relevant to the question of the sources of the law governing employment relations in international organizations are the constituent instruments of these organizations. It is arguable that the constituent instrument of an organization is res inter alios acta with respect to the staff of the organization, because it is concluded between States and therefore has no direct relevance to the employment relationship and creates rights and duties primarily between the member States.’ However, in so far as the constituent instrument lays down a legal regime for the organization it was intended to create, it takes effect as a statute which may have an impact on legal persons other than States who are within that regime. Since it has this statutory character, it could create rights and duties for staff members of the organization who are within the legal regime it creates in their employment relationship with the organization and be the source of powers for the organization itself in this area. The consequences of this could be that international administrative tribunals will apply constituent instruments of organizations, where appropriate, in deciding cases between the staff and the organization in employment relations. It would appear that there is overwhelming evidence supporting such a view, in so far as the issue has been brought before such tribunals and they have generally agreed that constituent instruments are sources of law for the employment relationship in international organizations, though there are problems connected with some of the inferences made by some tribunals in this regard.
Staff Regulations, Staff Rules, and Similar Written Instruments
Authors: Amerasinghe C F
Published: November 2023

It has never been disputed that Staff Regulations or their equivalent by a different name are sources of law for international administrative tribunals. In fact, to some degree they are the main source applied by these tribunals. Staff Rules, or their equivalent which are established under powers delegated by the Staff Regulations, are also recognized sources of law. Further, there may be other subsidiary instruments which have the status of legislative texts. A few questions have arisen in regard to Staff Regulations, Staff Rules, and subsidiary instruments as sources of law which will be considered here.
Practice
Authors: Amerasinghe C F
Published: November 2023

The administrative practice of an organization has been regarded by international administrative tribunals as a source for determining the legal relations between international organizations and their staff. This was acknowledged in general terms by the WBATin de Merode when it said: ‘The practice of the organization may also, in certain circumstances, become part of the conditions of employment.’