bluuebunny/crossref_metadata_2025 huggingface dataset:
Export Licensing
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

The present responsibility for the control of the exportation of ‘cultural goods’, a broad expression which can include goods of cultural interest, works of art, and various higher value antiques and collectibles, rests primarily with the Department for Culture, Media and Sport. The former controls were exercised by the government under legislation passed at the start of the Second World War but are now found in the Export Control Act 2002 and the subsidiary legislation made under it, particularly the Export of Goods of Cultural Interest (Control) Order 2003, SI 2003/2759.It should be carefully noted at this stage that these provisions apply to ANY exportation of relevant cultural goods, whether or not the exporter happened to buy them at auction. But because auction sales, and in particular those at Sotheby’s, Christie’s, and (now) Bonhams, have historically a greater volume of such goods in issue than most, and their Conditions of Sale often refer in detail to the relevant controls, it has therefore been thought appropriate in previous editions to include a detailed conspectus of the relevant law. But it is the person exporting the goods who bears the responsibility to obtain any necessary licence, not normally the seller or his agent, the auctioneer (who may, of course, offer to help). This point is referred to again below in the context of the effect of the controls on the validity of sales.
Vehicle auctions and Specialized auctions of other property
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

Sales by auction of motor vehicles have increased in popularity in recent years. British Car Auctions Ltd (BCA) (which operates auction centres on the European mainland as well as in the UK) reckons to sell vehicles at the rate of one every twenty seconds of every business day. Vendors include motor dealers anxious to mitigate cash-flow difficulties by selling within a ninety-day period, owners of fleet vehicles and private vendors. In addition to specialist auctioneers, non-specialist ones may find that, for instance, a deceased’s chattels to be disposed of by auction include a car. Auctions of motor vehicles give rise to specific problems, whatever the status of the auctioneer. Some of these problems concern the laxity with which some Conditions of Sale are drawn up. Others concern possible infringements of the criminal law, particularly under s 75 of the Road Traffic Act 1988 (formerly s 60 of the Road Traffic Act 1972) (selling unroadworthy vehicles) or under s 1 of the Trade Descriptions Act 1968 (fully discussed in chapter 8). Health and Safety at Work Act 1974 issues may also arise, as with auction sales of any potentially dangerous product.
Value Added Tax
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

The implementation on 14 February 1994 of the Seventh VAT Directive (94/5/EC) greatly complicated the VAT position of auction sales. In order to understand the philosophy behind and working of the new system, some knowledge of the old system is required. Briefly, where vendors of lots are registered for VAT and wish to pass on the VAT on the eventual hammer price to the buyer, Conditions of Sale may entitle them to do so and, traditionally, auctioneers indicate lots subject to VAT on the hammer price by a ‘dagger’ or asterisk sign. The buyer is then liable to pay VAT at the applicable rate prevailing on the day of the auction on both the hammer price and the premium. Where there is no indication that the hammer price was subject to VAT (as was most commonly the case prior to 1995), the buyer was under no obligation to pay VAT on the hammer price (but did have to pay VAT on the premium) and the seller, if registered for VAT, had to treat the net proceeds of sales as including VAT. Because of the intrinsic unfairness of taxing second-hand goods twice, the Treasury made orders under which, subject to certain conditions, the amount of the price on resale of relevant goods which attracted VAT was limited to the dealer’s margin as opposed to the whole of the sale price. The ‘special scheme’ in question applied particularly to used motor cars, antiques, second-hand works of art, and scientific collections
References To The Ecj
Authors: Gordon Richard
Published: November 2023

Article 234 (ex 177) EC provides as follows: The Court of Justice shall have jurisdiction to give preliminary rulings concerning: the interpretation of this Treaty; the validity and interpretation of acts of the institutions of the Community and of the ECB; the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide. does not exercise an EC discretion 5.121 The distinguishing feature—absence of need to prove breach as ‘sufficiently serious’ 5.121 Failure to transpose directives 5.124 EC or domestic rules of damages liability—which apply? 5.126 State liability and liability under Article 288 (ex 215) EC compared 5.134 Analysing classes of State EC damages liability where discretion is exercised 5.140
General Principles Of Ec Law— An Overview
Authors: Gordon Richard
Published: November 2023

From the perspective of national courts in public law cases interpreting and applying national measures and/or omissions falling within the scope of EC law, EC law has, for practical purposes, two clear sources. These are: (1) the EC Treaty itself and (2) EC secondary legislation. However, in a subtly different way, certain so called ‘general principles of law’ identified and developed by the ECJ now constitute an important further source of EC law that must be carefully borne in mind in the conduct of domestic judicial review proceedings. These general principles are those drawn from the ‘constitutional traditions common to the member states’ or from ‘international treaties for the protection of human rights on which the member states have collaborated or of which they are signatories’.
Legitimate Expectations
Authors: Gordon Richard
Published: November 2023

Legitimate expectations is well known as a doctrine of public law in both domestic and HRA law. It is, nonetheless, a distinctive general principle of EC law. As such, the Administrative Court is bound to observe the EC general principle of legitimate expectations, as articulated by the ECJ, in its discrete form. Precisely because it has the same name and essentially similar content to its domestic counterpart, care is needed on the part of those conducting and determining judicial review and other domestic proceedings in which public law issues arise to ensure that the separate EC dimension of the legitimate expectations doctrine is preserved in a case falling within the scope of EC law.
Fundamental Rights Protection
Authors: Gordon Richard
Published: November 2023

Fundamental rights protection, in the context of EC law, is related to—though distinct from—the protection now accorded in domestic law to fundamental rights under the European Convention on Human Rights (ECHR) through the medium of the Human Rights Act 1998 (HRA) that came into force on 2 October 2000. The HRA has had a considerable impact on judicial review but the relationship between fundamental rights and EC law and, in turn, between EC law and the HRA is not always appreciated by practitioners. There are close parallels between the respective regimes and, indeed, between those regimes and the position pre-HRA under domestic law which will still apply in judicial
Environmental Challenges
Authors: Gordon Richard
Published: November 2023

Environmental protection has become increasingly important in terms of EC obligations. For example, Article 2 EC now requires the Community to promote, amongst other things, ‘a harmonious and balanced development of economic activities’ together with ‘a high level of protection and improvement of the quality of the environment’. Article 3 EC now recognizes the development of ‘a policy in the sphere of the environment’. Articles 174–176 (ex 130) EC contain provision for express legislative environmental measures on the part of Member States. Regulation of areas such as pollution of water and air were quickly established. National environmental measures were required to be harmonized for the purposes of environmental and health protection and so as to prevent distortion of intra-Community trade and competition.
The Sixteenth and Seventeenth Centuries
Authors: Dudbridge Glen
Published: November 2023

After this long period of concealed transmission—an extended progress irregularly glimpsed in scattered sources and inferred as a submerged baojuan tradition—the story reappears in the sixteenth century, now in full illumination. Historians of Chinese fiction and drama have long recognized in the sixteenth and seventeenth centuries a period of incomparable fertility and activity both in the development of vernacular literary forms, and in the production of books for a wide public readership. The legend of Miaoshan was one of many traditional themes now adapted and brought before the reading public in popular and accessible literary forms.
Leadership And Suvering In The Letters Of Polycarp And Paul To The Philippians
Authors: Oakes Peter
Published: November 2023

A comparison of the letters that Paul and Polycarp sent to Philippi suggests some new directions in the study of Polycarp’s letter. Two key points of comparison between the letters concern leadership and suVering. Paul and Polycarp present somewhat diVerent models of leadership in the two letters. This diVerence maps rather well on to the diVerence in style between the letters, especially in the impression of a certain diYdence on the part of Polycarp. Something has also changed in the leadership of the Philippian church.
Appointing a Chancellor of Paris: The Case of Elias of Courson
Authors: Courtenay William J
Published: November 2023

In September 1360 Jean d’Acy, chancellor of Notre-Dame and thus of the University of Paris, died, presumably at his canonical house in the cathedral close at Paris. The last meeting of the cathedral chapter attended by Jean, according to its records, was on Wednesday, 9 September, and the minutes for the next meeting on 11 September note simply that Jean was ill, ‘Jo. cancellario infirmo’. Then, on 30 September, in response to letters of appointment from Jean de Meulan, bishop of Paris, the chapter received Grimer Boniface into the chancellorship and accepted his oath of office, presumably in the presence of representatives of the University. This smooth and relatively swift transition in office has been accepted in all accounts of the chancellorship of Paris and is confirmed by a letter of Innocent VI in August 1362 in which the pope mentions that Grimer, by that point, had been exercising the office of chancellor for a year and ten months. This event would be unremarkable save for the existence of an unedited and overlooked supplication by Elias of Courson, doctor of theology and canon of Notre-Dame, in which Pope Innocent approved his petition for the chancellorship at Paris on 15 October 1360.
Peter Ramus, ‘L’Affaire du Pré-aux-Clercs’, and Social Reform*
Authors: Sharratt Peter
Published: November 2023

Throughout his working life, the sixteenth-century French philosopher and educationalist Peter Ramus devoted himself to the renewal of teaching-methods and to university reform. He started with a restructuring of the trivium and went on to a real attempt to give to the quadrivium the place it already theoretically held in the encyclopedia of the disciplines. These proposals were underpinned by his reforms in logic, his union of philosophy and eloquence, and his celebrated one and only method of teaching all subjects. At the same time he was active in protecting the interests of the university against outside opposition. The purpose of the present article is to examine Ramus’ role during two student uprisings in Paris, in 1548 and 1557, in order to show the link between his projects for reform and practical politics both within the university and in the wider world. What is at issue, as it so often was for Ramus, is the question of authority.
The Portrait of a Difficult Student: Marc Cuvat and the Genevan Authorities
Authors: Maag Karin
Published: November 2023

The history of higher education in the sixteenth and seventeenth centuries has been approached from a wide range of perspectives, from monographs and articles on institutions and individual professors to curricular analyses and studies of intellectual trends. While such research undoubtedly advances knowledge of the educational system in early modern Europe, it largely leaves aside any in-depth investigation into the day-to-day lives of faculty and students in these centers of learning.
Medieval and Renaissance Italian Universities and the Role of Foreign Scholarship
Authors: Denley Peter
Published: November 2023

Over two decades ago, reviewing work on medieval and Renaissance Italian universities in the inaugural volume of this journal, the present writer lamented the lack of comparative and synthetic work, the excessive dominance of Bologna in the historiography, a reluctance to accept plurality and diversification from the Bolognese ‘model’, and the constraining nature of a rigorously legalistic approach to the institutional history of these universities. Twenty years later one cannot fail to note a quite astonishing change. The year after the review appeared saw the publication of the proceedings of the first conference devoted to medieval and renaissance Italian universities generally, held at Pistoia in 1979. This has been followed by a series of conferences in which Italian universities were either the principal theme or prominent in a broader European context. Places and methods of teaching in medieval Italy was the theme of a conference held in Lecce and Otranto in 1986, origins, institutions and pedagogic practice that of one held in Arezzo in 1991, archives, sources and directions of research in Italian university history that of a major symposium held in Padua in 1994, students and teachers in Italian universities that of a similar one in Bologna in 1999, and a further conference on university archives was held in Pavia in 2000. Southern Italian universities have been especially prominent, hosting international conferences and publishing their proceedings.
Introduction: Themes in Family Law
Authors: Douglas Gillian
Published: November 2023

It might be thought that the concept of ‘the family’ is clear and well understood. After all, the family appears to have global significance and meaning, appearing in Article 16 of the Universal Declaration of Human Rights where it is proclaimed as ‘the natural and fundamental group unit of society’, a phrase repeated in other international instruments almost as a mantra. But the meaning of the phrase is not elucidated, providing scope (deliberately, no doubt) to different states with widely differing cultures and societies to attach their own particular understanding to what otherwise looks like a uniform concept. One might therefore expect that the family as understood in the west may conjure up an image radically different from that applying in, say, south east Asia, or the Islamic world.
The Family Home
Authors: Douglas Gillian
Published: November 2023

The family home has a significant symbolic role in family life as well as important practical functions. Contrary to other cultures where extended family generations may live under the same roof, it has long been assumed in England and Wales that married couples should form their own independent household. A bride’s ‘bottom drawer’ would hold items such as linens made and collected over time which she would use to begin to furnish her marital home, and modern-day ‘wedding lists’ generally consist of more or less essential household items. In the past, an engaged couple might have to delay their marriage for several years until they could afford to set up home together, and living with the in-laws has not been regarded as a satisfactory long-term way of establishing a married relationship. For couples who reject marriage, commencing cohabitation—the very essence of which means living together in the same household—may come to mark a rite of passage equivalent to marriage in former times. Many people will have had their own homes before marrying or cohabiting, and in either case, ‘moving in together’ is a representation of their commitment to their relationship. Creating a family home, decorating, and furnishing it, has become an embodiment of the conception of marriage—and cohabitation—as a joint enterprise (see Chapter 1).
Ending Family Relationships
Authors: Douglas Gillian
Published: November 2023

When family relationships come to an end, the law may be required to deal with two different issues. First, it may be invoked to change the legal status of those involved, to reflect the change in their social relationship. For example, a married couple who have separated will usually seek a divorce to bring a legal end to their marriage tie; or, as noted in the previous Chapter, an adopted child ceases to be a legal member of one family and becomes that of another. Secondly, the law may be needed to deal with the consequences of the termination of the relationship. There may be emotional and social consequences, and Chapter 5 considered the potential use of orders regulating the exercise of parental responsibility to protect the position of children. But very often, the consequences will also be financial—a widow may seek support from her deceased husband’s estate because he left her nothing in his will; a parent with care of children may require child support from the absent parent for their maintenance.
When is There A Tupe Transfer?
Authors: Hyams Oliver
Published: November 2023

The subject matter of this chapter is a question which has given rise to much litigation and which is likely, even with the coming into force of the helpfully expanded definition in the Tupe Regulations 206, to continue to be difficult to answer. That question is ‘When is there A tupe transfer?’ It should first be said that a share sale does not give rise to a Tupe transfer. This is clear as a matter of principle, given the language of Tupe, but it was confirmed by the EAT in Brookes v Borough Care Services Ltd that the principle applies even where the change in control of the business by share sale rather than the transfer of the ownership of the business occurs as a result of a desire to avoid the application of TUPE.
The Law of Redundancy
Authors: Hyams Oliver
Published: November 2023

If an employer ‘outsources’ some of its work, and there is not a TUPE transfer, then it is highly likely that one or more employees will be redundant within the meaning of the ERA 1996. The law of redundancy, in so far as it relates to an individual employee, is relevant in relation to two questions. One is whether the employee is entitled to a redundancy payment. The other is whether the employee was dismissed for a potentially fair reason. In the following paragraphs, the definition of redundancy and related questions are considered first.
Collective Consultation and Notification In Relation To Proposed Dismissals
Authors: Hyams Oliver
Published: November 2023

In this chapter, the principal statutory obligations of an employer towards representatives of his or its employees, where redundancies above a certain minimum are proposed, are considered. There is a parallel obligation imposed on the employer to notify the Secretary of State about the proposed dismissals, and that obligation is considered also in this chapter, after the obligation to consult with appropriate representatives and the sanction for a failure to do so have been described.
Pension Rights Where There Is A Tupe Transfer
Authors: Hyams Oliver
Published: November 2023

This chapter is mainly concerned with the obligations of a TUPE transferee in relation to the pensions (if any) of employees who transfer to the transferee’s employment under the TUPE transfer in question. The position in that regard is now governed by sections 257 and 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005. Until those provisions were enacted, there was no obligation imposed on a TUPE transferee to provide any sort of pension for transferred employees. The only means by which it could credibly be argued that there was such an obligation was by relying on the predecessor to regulation 4(9) of TUPE. Now, such reliance is speciﬁcally precluded, by regulation 10(3) of TUPE.
Property and Obligation
Authors: Yeo Tm
Published: November 2023

Where the relevant equitable doctrines raise substantive choice of law 5.01 issues that are not subject to the exceptional application of the law of the forum, the next question is how they fit into the choice of law categories. At the most basic level, the categories of property and obligations may be considered. Section II discusses and adopts the fundamental distinction between property and obligation for choice of law analysis. Section III analyses how the distinction between property and obligation in domestic equitable principles may affect choice of law analysis. This issue will be considered primarily from the perspective of claims known to the domes­ tic equity of English and Commonwealth jurisdictions, as it is in these claims that it is most difficult to distinguish between their property and obligation aspects.
Restitution and Unjust Enrichment
Authors: Yeo Tm
Published: November 2023

This chapter considers claims and issues involving equitable doctrines that may be characterized as restitutionary in the conflict of laws. Given the present uncertainty in the choice of law rules for restitutionary claims and issues, due in part to the uncertain scope and definition of the subject within domestic legal systems,1 the purpose of this chapter is the modest one of demonstrating how certain claims or issues involving equitable principles may (or may not) be characterized within the choice of law category for restitutionary claims. It does not attempt to resolve what are undoubtedly important debates in internal law about the scope of the law of unjust enrichment and the appropriate role of equity within that sub­ ject. It is also not the purpose of this chapter to endeavour to resolve the equally significant debates on what should be the correct choice of law rules for claims characterized as restitutionary.
The Firms that Feed Industrial Districts: a Return to the Italian Source
Authors: Lazerson Mark H , Lorenzoni Gianni
Published: November 2023

A century ago, Alfred Marshall ‘s (1923) encounter with the spatially clustered agglomerations of small firms in Lancashire ‘s cotton and Sheffield ‘s cutlery industries inspired him to coin the term industrial district. Today, the industrial district has once again become a central framework for conceptualizing economic and social action. Economists and geographers have shown how local-firm agglomerations generate external economic efficiencies by supporting both large and stable markets in labor skills and equipment and cheaper subsidiary trades and related services, and promote greater use and development of specialized machinery and organizational methods (Romer 1987; Storper and Scott 1989; Krugman 1991).
Introduction: Professor Bleent, the Floon Beetle, and Organizational Epistemology
Authors: Tsoukas Haridimos
Published: November 2023

We are actually at the beginning of a new scientific era. We are observing the birth of a science that is no longer limited to idealized and simplified situations but reflects the complexity of the real world, a science that views us and our creativity as part of a fundamental trend present at all levels of nature Our first intellectual obligation is to abandon the Myth of Stability that played so large a part in the Modern age: only thus can we heal the wounds inflicted on Reason by the seventeenth-century obsession with Rationality, and give back to Reasonableness the equal treatment of which it was for so long deprived [⃛ ] The ideals of practical thinkers are more realistic than the optimistic daydreams of simple-minded calculators, who ignore the complexities of real life, or the pessimistic nightmares of their critics, who find these complexities a source of despair Alongside [⃛ ] the experience of repetition, humans have a second experience, that of creativity.
Forms of Knowledge and Forms of Life in Organized Contexts
Authors: Tsoukas Haridimos
Published: November 2023

MAINSTREAM organization and management studies (OMS) has historically been antagonistic towards the lay knowledge organizational members possess. One of OMS’s foundational assumptions has been that the management of people in organizations will be more effective the more lay knowledge is displaced by social scientific precepts. It has also been assumed that the body of formal knowledge necessary to enable this is increasingly becoming available from OMS, as the discipline of the social sciences dealing with the human aspects of organizing and managing (see Donaldson 1985; Lupton 1983; Pinder and Bourgeois 1982; Simon 1957 [1976]; Thompson 1956-7).
Understanding Social Reforms: A Conceptual Analysis
Authors: Tsoukas Haridimos , Papoulias Demetrios B
Published: November 2023

In this chapter it is our aim to expand on this claim and examine why and how a coherent socio-economic philosophy (or discourse) plays such a significant role in the management of social reforms. Our goal is set within the broader context of rethinking the texture of policy-making in the light of recent developments in systems theory, philosophy, and organization theory. Our focus is primarily conceptual: we both provide an explanation of the difficulties often encountered in pushing through social reforms and offer some generic suggestions as to how such difficulties might be over come.
On Organizational Becoming: Rethinking Organizational Change
Authors: Tsoukas Haridimos , Chia Robert
Published: November 2023

The point is that usually we look at change but we do not see it. We speak of change, but we do not think about it. We say that change exists, that everything changes, that change is the very law of things: yes, we say it and we repeat it; but those are only words, and we reason and philosophize as though change did not exist. In order to think change and see it, there is a whole veil of prejudices to brush aside, some of them artificial, created by philosophical speculation, the others natural to common sense.
What is Organizational Foresight and How can it be Developed?
Authors: Tsoukas Haridimos
Published: November 2023

Deliberation is irrational in the degree in which an end is so fixed, a passion or interest so absorbing, that the foresight of consequences is warped to include only what furthers execution of its predetermined bias. Deliberation is rational in the degree in which forethought flexibly remakes old aims and habits, institutes perception and love of new ends and acts (John Dewey 1988: 138) The dominance of retrospect in sensemaking is a major reason why students of sensemaking find forecasting, contingency planning, strategic planning, and other magical probes into the future wasteful and misleading if they are decoupled from reflective action and history (Karl E. Weick 1995: 30) Management is historically taken to be about effecting and managing closure: buffering the organization so that uncertainty is minimized, external dependencies are reduced, and, thus, closure is achieved (Thompson 1967).
Introduction
Authors: Griffiths Jonathan , Suthersanen Uma
Published: November 2023

Copyright allows right-holders to restrict access to a wide range of forms of expression, including works of literature, paintings, and music. At the same time, it serves as an ‘engine of free expression’ by providing shelter for independent creation. It has the potential both to promote and to restrict free speech. Until the mid-1990s, this tension between copyright and free speech was relatively unexplored. Indeed, until recently, it was widely assumed within the ‘copyright community’ that the two rights had nothing to do with one another. However, recent developments in copyright law, coupled with an increased appreciation of the effect of fundamental rights in the sphere of private law, have altered this assumption. In numerous jurisdictions, courts have been faced with disputes raising fundamental questions concerning copyright and free speech.
Copyright, The Public Interest, and Freedom of Speech: A Uk Copyright Lawyer’s Perspective
Authors: Dworkin Gerald
Published: November 2023

The traditional approach of most UK copyright lawyers and courts to the relationship between copyright, the public interest, and free speech was simple: copyright confers certain statutory exclusive rights upon the copy- right owner, including the right to prevent copying the whole or a substantial part of a work; the only exceptions or limitations to the copyright owners’ For further exploration of the relationship, see G Davies, Copyright and the Public Interest When this conflict is examined today in Canada, and especially from a Quebec perspective, one is immediately confronted with the federal nature of the country.
Copyright and freedom of political communication In australia
Authors: Burrell Robert , Stellios James
Published: November 2023

As in many other jurisdictions, the relationship between copyright and free-dam of expression has historically received little attention in Australia. However, as elsewhere, this is beginning to change as commentators who are concerned about the expansion of copyright seek to find a language with general resonance with which to critique the current Australian copyright regime. The position in Australia is complicated, however, by a constitutional framework that guarantees a limited, but still evolving, ‘freedom of political communication’. Consequently, when considering the relationship between copyright and freedom of expression in Australia, it is important to distinguish.
Cautious Curiosity: Legacies of a Jesuit Scientific Education in Seventeenth-century France
Authors: Shelford April G
Published: November 2023

In November 1660, Pierre-Daniel Huet (1630-1721) wrote a former teacher with momentous news: He had decisively broken with the Aristotelian science taught him at the Jesuit collége in his native Caen. While the Greek philosopher had skillfully revealed an abundance of nature’s secrets, he had ‘prated idly’ about physics, and his ‘sub– stantial forms’ were incomprehensible. The atoms of Democritus and Epicurus were a far more satisfying physical principle: ‘All things certainly have their origins in atoms, and thus are [destroyed] when resolved into them’. Nevertheless, Huet embraced this new physics (for him, at least) with some caution: He would not ‘adhere to this opinion as ifto a sacrament’; he accepted the atom as ‘most probable, not as certain’. Thus he tempered his Epicurean enthusiasm with a Sceptic’s coolness.
Historians and Anachronisms: Samuel E. Morison and Seventeenth-Century Harvard College
Authors: Sletcher Michael
Published: November 2023

On May 2, 1636, Captain Endicott of Salem, Massachusetts, brought forth a motion on behalf of Mr. John Humphries in the Great and General Court of the Bay Colony concerning ‘some land beyond Forest River.’ In the motion he offered the land to the commonwealth but added that it should be done as soon as possible so as not to ‘hinder the building of a College which would be [to] manie [here a great] loss.’ Five months later, the Court, having assembled, agreed ‘to give £400 towards a schoale or colledge, whearof £200 to bee paid the next yeare, and £200 when the worke is finished, and the next Court to appoint wheare and what building.’ The next Court meeting did not address the location or edifice of the college, and for over a year, there was no mention of a college in any of the Court records. Then, on November 15, 1637, the Court ordered that a college shall be located ‘at Newetowne,’ a small puritan town just north of Boston, and, five days later, appointed an external board of twelve overseers (lnspectores).
The Classical Tripos and the Romantic Movement at Cambridge
Authors: Hofstetter Michael
Published: November 2023

Between the Napoleonic wars and the royal commissions sent to reform the University in the 1850s, Cambridge could best be described as a university in quiet ferment. The languid days of the eighteenth century were past and now replaced with an atmosphere fed by growing matriculations and earnest debate. The topics mooted by dons, fellows, and students alike included the admission of dissenters, the role of the University in the Church of England, and the manner in which students should be ranked and examined. One way in which this ranking took place were the honors, or ‘Tripos’ examinations, which arose first in mathematics (by 1800) and then in classics (first used in 1824). A close look at the origins of such an examination in classics and its early history illustrates how romanticism informed thinking at the University about teaching, learning, and the curriculum and contributed to the spirit of renewal felt at Cambridge in the first half of the nineteenth century.
Consumer E-commerce: Jurisdiction Rules
Authors: Hill Jonathan
Published: November 2023

E-commerce presents certain challenges to the traditional, territorial approach to questions of jurisdiction. While it is important that the enormity of these challenges is not exaggerated, there is an argument for saying that ‘cyberspace radically undermines the relationship between a particular transaction and a specific physical location’.Whereas it is normally easy to identify the territorial connections of the various elements of a real-world contract, the Internet enables people to enter into contracts without knowing (and, in many cases, without being able to know) the physical location of the other party.
Improving Civil Justice: European Developments
Authors: Hill Jonathan
Published: November 2023

Although the Brussels I Regulation and the Lugano Convention tackle jurisdictional questions relating to consumer contracts—and include provisions which are designed to ‘protect’ the interests of consumers—they do not address consumers’ access-to-justice problems. Jurisdiction rules designed to benefit consumers are meaningful in cross-border cases only if the underlying procedural framework provides a truly accessible avenue through which consumers are able to vindicate their legal rights.
Recognition and Enforcement of Judgments
Authors: Hill Jonathan
Published: November 2023

It has already been seen that, in a case involving a protected consumer contract under the Brussels I Regulation, a consumer who decides to litigate a claim against a supplier domiciled in another EU member has a choice between: (a) bringing the claim in the supplier’s home forum and (if necessary) proceeding to enforce the judgment in that country; or (b) commencing proceedings in the consumer’s home forum and, then seeking to enforce the judgment in the member state where the supplier’s assets are located, typically the country of the supplier’s domicile. This chapter is concerned with the issues raised by the second of these two scenarios—where proceedings are brought in one country and enforcement is required in another country.
Litigation in the Public Interest
Authors: Hill Jonathan
Published: November 2023

In view of the fact that, from the consumer’s perspective, private litigation is an extremely unattractive solution to the vast majority of contractual disputes, it is hardly surprising that attention has turned to other mechanisms for dealing with the problems arising out of consumer contracts. One technique for trying to advance collective consumer interests (rather than the interests of individual consumers) is by giving public authorities and consumer organizations the right to litigate on behalf of consumers in general.
The Evolution of Public Procurement Regulation
Authors: Bovis Christopher
Published: November 2023

Attempts to regulate public procurement in the European Community were recorded even before the end of the first transitional period. For the purposes of giving guidance to Community institutions and member states in the implementation of Articles 52, 53 EC (right of establishment) and 59, 60 EC (freedom to provide services), in 1962 the Council of Ministers adopted two General Programmes for the elimination of existing restrictions on inter-state trade. Among the restrictions to be abolished were rules and practices of member states which ‘. . . exclude, limit or impose conditions upon the capacity to submit offers or to participate as main contractors or subcontractors in contract awards by the state or legal persons governed by public law’.
Enforcement and Compliance
Authors: Bovis Christopher
Published: November 2023

The enactment of the Remedies Directives has brought a different dimension into the application of public procurement rules. Such dimension relies on the decentralized compliance and enforcement of the substantive regime. Directive 89/665 on the coordination of the laws, regulations, and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts and Directive 92/13 coordinating the laws, regulations, and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors require member states to introduce effective remedies and means of enforcement to suppliers, contractors and service providers who believe that they have been harmed by an infringement of the substantive procurement rules.
Changing Dominant Practice: Making use of Institutional Diversity in Hungary and the United Kingdom
Authors: Crouch Colin , Keune Maarten
Published: November 2023

As discussed in the introduction to this volume, neoinstitutional theory is generally better equipped to deal with continuity and stability than with discontinuity and change. Institutional configurations are often presented as a straightjacket from which endogenous actors cannot escape and which can only be seriously modified through external shocks. However, from time to time endogenous actors do make major and more or less sudden changes. It is by no means common; more often than not the central puzzle of a situation is why powerful, strategic actors do not change institutions which they recognize to be functioning in ways that do not suit their interests. That is why neo-institutionalism and path dependence are attractive as explanatory approaches. However, from time to time radical, rather rapid change is introduced by endogenous actors. Unless neo-institutionalism is simply to concede explanatory failure at such moments, it needs to be able to give its own account, consistent with its overall approach, which of course stresses the strength of institutions.
The Eu Legal Order And Energy
Authors: Cameron Peter Duncanson
Published: November 2023

The steps taken by the EU towards the creation of an internal market in energy over the past decade have marked a watershed in Community energy law and policy. Never before has there been such a deliberate and comprehensive attempt to link energy specifically to the body of Community law and to the integration process. It marked the beginning of a determined—and so far quite successful— attempt to put an end to the ‘special’ or de facto exempted status of the energy sector in the process of European integration.
Electricity
Authors: Cameron Peter Duncanson
Published: November 2023

The principal legislation applicable to the EU electricity sector is Directive (EC) 2003/54 (‘the Electricity Directive’),adopted on 26 June 2003, and the Regulation on conditions for access to the network for cross-border exchanges in electricity (‘the Regulation’), adopted on the same date. This body of legislation has its origins in the limited success of the first electricity liberalization Directive. This first measure5 proved to be too modest in its ambitions and scope, and proposals were tabled by the Commission in 2001 for a successor. In addition, a new approach was proposed to implementation of the ‘common rules’ it was to contain. Its successor would be accompanied by other instruments, which would allow for regulation to evolve once the Directive and Regulation were in place. In this manner, the Commission and those Member States most ardently supporting market reform sought to bring within the scope of the new legislation a more detailed subject matter.
Gas
Authors: Cameron Peter Duncanson
Published: November 2023

The principal legislation applicable to the EU gas sector is Directive (EC) 2003/55 (‘the Gas Directive’),and the Regulation on conditions for access to the natural gas transmission networks (‘the Regulation’). Like the Electricity Directive, the Gas Directive has its origins in the shortcomings of its predecessor, the first Gas Directive,4 which it repealed.5 Although parts of the first Directive are essentially taken over by its successor, there are significant differences in content and approach. Moreover, it forms part of a package of legal instruments that are intended to provide both common rules for the gas sector and specific regulations and guidelines for its continuing liberalization. This chapter will review and assess the legal framework for the introduction of competition into the gas sector, which the Directive and Regulation provide.
Oil
Authors: Cameron Peter Duncanson
Published: November 2023

The internal market programme has had little direct impact on the oil industry within the EU.1 In part this is the result of the relatively small (and declining) quantities of oil produced from within the EU itself. This condition of relative dependence upon imports, together with the international—as distinct from national or regional—character of the oil industry has meant that EU energy policy has been focused largely on security of supply concerns. Several legal measures have been adopted to give Member States an added measure of protection in the event of a crisis of oil supply (see paras 18.60–18.67), but action to promote liberalization in EU oil markets has been deemed largely unnecessary, since the oil sector has long been subject to competition.
Coal
Authors: Cameron Peter Duncanson
Published: November 2023

The legal framework that applies to the coal sector is that of the EC Treaty as well as the procedural rules and other secondary legislation derived from it. However, this dates only from 24 July 2002. For a period of 50 years previous to that date, the principal rules of European law applicable to the coal sector were those set down in the Treaty establishing the European Coal and Steel Community (ECSC), signed on 18 April 1951 by six States (Belgium, France, Germany, Italy, Luxembourg, and the Netherlands). This chapter will examine the market orientation of the current legal regime under the EC Treaty, noting also the principal features of the previous regime under the ECSC Treaty. A longer discussion of state aid controls is to be found in Chapter 15.
Renewable Energy
Authors: Cameron Peter Duncanson
Published: November 2023

The promotion of renewable energy has become an important plank in EU energy policy, in line with its strategic role in most Member States’ energy and environmental policies. This commitment is evident in a number of EU documents, from the Green Paper on Energy Policyto the title of the principal legal measure applicable to the renewable energy sector, Directive (EC) 2001/77: ‘the promotion of electricity from renewable energy sources in the internal electricity market’ (‘the Renewables Directive’).
Competition In Downstream Markets
Authors: Cameron Peter Duncanson
Published: November 2023

While competition law has a complementary role vis-à-vis the Electricity and Gas Directives,interventions by the Commission only allow it to take action where it has detected a violation of the competition rules, such as restrictive agreements or abuses of a dominant position. Certain tasks such as the development and introduction of competitive network charges and congestion management methods are challenges that lie primarily within the competence of the national regulatory agencies (NRAs) and, perhaps to a lesser extent, with the national competition authorities (NCAs). Indeed, the Directives and Regulations have gone a long way towards fixing responsibility for the operation of third party access (TPA) in the NRAs, so that they have a priority ‘not only in developing pro-competitive network access regimes, but also in taking action in access disputes in the interest of preventing parallel actions by the Commission’.
Special And Exclusive Rights
Authors: Cameron Peter Duncanson
Published: November 2023

For several decades the energy markets of Member States were characterized by monopoly structures in electricity and gas activities. The traditional instruments for defending such structures included the use of special and exclusive rights. The Treaty basis for such rights has been primarily Articles 86(1) and 31 EC. The impact of the Electricity and Gas Directives has been to usher in a retreat from the use of such defences, and indeed has made them less necessary as industrial structures adapt to a liberalizing market.
Energy Security
Authors: Cameron Peter Duncanson
Published: November 2023

Energy security has recently moved up the public policy agenda into the first rank of problems to be addressed by governments. We may define ‘energy security’ as the ability of the energy industries, primarily in electricity and gas, to provide their respective services throughout the EU to a high standard and at a reasonable cost in a competitive, fully liberalized, pan-European market. This is intended to be a working rather than a comprehensive definition since the focus of this book is on the introduction of competition into the energy markets of the EU, and in this chapter on the impact of energy security on that liberalization process.
Conclusions
Authors: Cameron Peter Duncanson
Published: November 2023

At the very outset of the EU internal energy market programme, choices were made about its design, and the appropriate instruments to achieve it. Given the political sensitivities about market reform in the electricity and gas sectors, the Community institutions and Member States decided to introduce directives under Article 95 in preference to relying upon the existing powers based on EC competition law (see paras 16.14–16.30), and to do so according to a generous timetable that would allow Member States and incumbent utilities to adapt to a ‘liberalized’ market.
Korea Merger Control
Authors: Furse Mark
Published: November 2023

The core legislation relating to merger control in Korea is the Monopoly Regulation and Fair Trade Act (‘MRFTA’), the relevant provisions of which should be read alongside the Enforcement Decree of the Monopoly Regulation and Fair Trade Act (‘the Enforcement Decree’), and the M&A Notification Guidelines.
Standards in Antitrust Law
Authors: Furse Mark
Published: November 2023

Antitrust law exists in part (or, depending on one’s view, exclusively) to address economic concerns relating to the harms that flow from the existence and exercise of market power, and there is a significant degree of consistency in the legal approach taken across different regimes as those economic concerns are consistent. Certainly it is intuitive that the adviser seeking to provide advice in this area will make international comparisons, and draw on experiences gained in other jurisdictions.
Taiwan Agreements
Authors: Furse Mark
Published: November 2023

The primary legislation dealing with the law of anti-competitive agreements in the Taiwan antitrust system is brief, but goes further than that of s 1 of the Sherman Act in providing a set of criteria under which otherwise anti-competitive agreements may be exempted from the prohibition. The primary provisions dealing with anti-competitive agreements make formal and structural distinctions between horizontal agreements, which are dealt with in art 14 of the TFTA, and vertical agreements.