bluuebunny/crossref_metadata_2025 huggingface dataset:
Membrane Lipid Composition Plays a Central Role in the Maintenance of Epithelial Cell Adhesion to the Extracellular Matrix
Authors: Márquez María Gabriela , Leocata Nieto Francisco , Fernández‐Tome María C. , Favale Nicolás Octavio , Sterin‐Speziale Norma
Published: February 2008

Focal contacts (FC) are membrane‐associated multi‐protein complexes that mediate cell‐extracellular matrix (ECM) adhesion. FC complexes are inserted in detergent‐resistant membrane microdomains enriched in phosphatidylinositol‐4,5‐bisphosphate (PtdIns(4,5)P2); however, the influence of membrane lipid composition in the preservation of FC structures has not been extensively addressed. In the present work, we studied the contribution of membrane lipids to the preservation of renal epithelial cell adhesion structures. We biochemically characterized the lipid composition of membrane‐containing FC complexes. By using cholesterol and PtdIns(4,5)P2 affecting agents, we demonstrated that such agents did not affect any particular type of lipid but induced the formation of new FC‐containing domains of completely different lipid composition. By using both biochemical approaches and fluorescence microscopy we demonstrated that phospholipid composition plays an essential role in the in vivo maintenance of FC structures involved in cell‐ECM adhesion.
A tale of two tibias: A review of treatment options for congenital pseudarthrosis of the tibia
Authors: Johnston Charles E. , Birch John G.
Published: February 2008

Purpose

Two common treatment options for congenital pseudarthrosis of the tibia (CPT) are intramedullary fixation following resection/shortening of the pseudarthrosis site and reconstruction with an Ilizarov external fixator following resection. We present in detail a narrative of two cases with similar degrees of tibial dysplasia associated with NF-1 treated using these different methods and followed to completion.

Methods

Technical issues and details of the treatment methods from case reports are discussed in depth. The eventual profoundly different outcomes are correlated to the technical variations used.

Results

Treatment with the Charnley–Williams rodding method and aggressive bone grafting supplemented by rh-BMP2 resulted in a normal functioning limb at maturity, while treatment with first, an ineffective version of IM rodding, followed by two sessions of bone transport using an Ilizarov fixator failed to gain useful union and eventually resulted in amputation.

Conclusions

Technical details, heretofore inadequately reviewed in the literature, are crucial to the success of either of these commonly utilized treatment methods for CPT.
The evolving theory of quality management: The role of Six Sigma
Authors: Zu Xingxing , Fredendall Lawrence D. , Douglas Thomas J.
Published: February 2008

While Six Sigma is increasingly implemented in industry, little academic research has been done on Six Sigma and its influence on quality management theory and application. There is a criticism that Six Sigma simply puts traditional quality management practices in a new package. To investigate this issue and the role of Six Sigma in quality management, this study reviewed both the traditional quality management and Six Sigma literatures and identified three new practices that are critical for implementing Six Sigma's concept and method in an organization. These practices are referred to as: Six Sigma role structure, Six Sigma structured improvement procedure, and Six Sigma focus on metrics. A research model and survey instrument were developed to investigate how these Six Sigma practices integrate with seven traditional quality management practices to affect quality performance and business performance. Test results based on a sample of 226 US manufacturing plants revealed that the three Six Sigma practices are distinct practices from traditional quality management practices, and that they complement the traditional quality management practices in improving performance. The implications of the findings for researchers and practitioners are discussed and further research directions are offered.
The Impact of the Applicable Law Of Contract on the Law of Jurisdiction under the European Conventions
Authors: Forsyth Christopher , Moser Philip
Published: February 2008

The Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, agreed in Brussels on 27 September 1968 (and generally referred to as the Brussels Convention), has been part of English law since the coming into force of the Civil Jurisdiction and Judgments Act 1982.1 The Convention now dominates the law of jurisdiction in civil and commercial matters as well as the law governing the recognition and enforcement of foreign judgments.
The European Central Bank: Institutional Aspects
Authors: Smits René
Published: February 2008

In this article the legal and institutional issues surrounding the transition to a European Central Bank (ECB) will be discussed. The transition to a single currency entails many legal and institutional issues, both at the European level and at member State level. I will focus on a few main themes.
Problems Related to the Convention on the International Trade in Endangered Species
Authors: Matthews Paul
Published: February 2008

The Convention on the International Trade in Endangered Species (CITES) has become one of the better-known environmental treaties, partly as a result of the considerable attention it received in connection with the restrictions it imposed on the ivory trade. Despite its successes, however, the text of the treaty has not kept pace with developments since it was first approved in 1973. It remains, for instance, an environmental treaty with some of the characteristics of a trade treaty, drafted as if it were to operate in a hostile world of non-parties. Instead, in contrast, it has been signed by 128 parties1 and functions at a time when public and political concern about the environment has never been greater.
Subsidiarity in Article 3b of the Ec Treaty—Gobbledegook or Justiciable Principle?
Authors: Harrison Virginia
Published: February 2008

In the negotiations for the Treaty on European Union,1 “subsidiarity” assumed central importance. This was the first time that the term was expressly incorporated with general effect into the Treaty.2 The principal provision3 is Article 3b, which reads:

The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein.

In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only4 if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.

Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.
Bridging the Unbridgeable: Community and National Tort Laws afterFrancovichandBrasserie
Authors: Van Gerven W.
Published: February 2008

It has been believed for many years, indeed centuries, that the Channel between Great Britain and Continental Europe could be crossed only by boat. This belief has come to an end, albeit—at least for the time being—at a price which does not allow huge financial investments to be turned into a profit. The belief that in the legal field differences between English or Anglo-American common law and French and German—or, rather, Romanistic and Germanistic—legal systems are unbridgeable (or should I say “un-chunnelable”?) is even more widespread. That is the subject of this article: to show that differences between legal systems may, as a result of the European Union, be less unbridgeable than before, at least in certain areas of the law.
Common but Differentiated Debates: Environment, Labour and the World Trade Organization
Authors: Ward Halina
Published: February 2008

In June 1992 the UN Conference on Environment and Development (UNCED) took place in Rio de Janeiro; 1993 was the year of the World Conference on Human Rights, 1994 the year of the Cairo International Conference on Population and Development, and in March 1995 it was the turn of the World Summit for Social Development in Copenhagen.
Public Policy in the Conflict of Laws: a Chinese Wall around Little England?
Authors: Enonchong Nelson
Published: February 2008

The English courts have often incurred the reproach of undue insularity in their attitude to foreign law.1A common gripe is that they have failed to recognise that there is a world elsewhere, and that England is not “a legal island”.2Savigny, we are told,3was moved to lament over the fact that although in other branches of knowledge there was an internationalist outlook in England, in the field of jurisprudence alone it “remained divided from the rest of the world, as if by a Chinese wall”. Recently it has been suggested that “The foundation of this Chinese wall… lay … in an unquestioning belief in the superiority of the common law and its institutions, at least in England.”4It would be unsafe to affirm that the charge of insularity has always been without foundation. The “Little England”5attitude of mind, Roskill LJ reminds us,6was “once proclaimed in the phrase ‘Athanasius contra mundum’”. And it should occasion no surprise that the examples commonly advanced to substantiate the charge are usually drawn from private international law.7
In Rem Forfeiture Proceedings and Extraterritorial Jurisdiction
Authors: Smith Lionel
Published: February 2008

In U.S. v. All Funds on Deposit in Any Accounts Maintained in the Names of Meza or de Castro1 the US Court of Appeals for the Second Circuit affirmed that US federal courts have jurisdiction, in civil proceedings brought by the US government, to order the forfeiture to that government of funds held in English bank accounts. An understanding of this decision requires some background in US forfeiture law and also in the history of the particular proceedings.
Usage and its Reception in Transnational Commercial Law
Authors: Goode Roy
Published: February 2008

The study of what has become known as transnational commercial law is fraught with hazards. What do we mean by transnational commercial law? Is it the same as the lex mercatoria or something broader? What are its sources? Can we identify general principles of commercial law and, separately, uncodified international trade usage? If so, what happens to these principles when they become embodied in convention or contractually incorporated uniform rules? Do they disappear, maintain a parallel existence in their original form or change their shape to match the convention or rules? And how far do conventions and rules either evidence pre-existing principles and usages or influence the creation of new ones?
Freedom of Expression in Zimbabwe and the Telecommunications Monopoly
Authors: Butler Andrew S.
Published: February 2008

An overall penetration rate of 1.4 main telephone lines per 100 inhabitants,1a waiting period of 14 years for new connections, closure of the waiting list because the number of applicants was too great, a telephone call completion rate of less than 30 per cent,2obsolete equipment, chronic breakdown problems combined with a substandard fault clearance rate; these were some of the features of the “delinquent service” provided by Zimbabwe's State-owned telecommunications monopoly, the Posts and Telecommunications Corporation (PTC). InRetrofit (Pvt) Ltdv.Posts and Telecommunications Corporation (Attorney-General intervening)3the question which faced the Supreme Court of Zimbabwe was whether the PTC's statutory monopoly, seen in the context of a system which the PTC itself had conceded was “markedly inadequate to meet the present communication needs of the population”,4was an unjustifiable hindrance on the right to free expression.
I. Company Law and Trade in Securities
Authors: Tridimas Takis
Published: February 2008

In the last two years there has been significant legislative activity in the field of company law. The most important development in the field of securities law has been the adoption of a directive amending, inter alia, the Investment Services Directive1 and the directive on undertakings for collective investments in transferable securities2, with a view to reinforcing prudential supervision3. A number of initiatives have been taken with a view to preparing for economic and monetary union. In particular, the Commission has submitted a proposal for a directive on cross-border credit transfers within the European Union which, if adopted, will increase efficiency of cross-border payments4. The regulation of trade in financial services between the Community and third States is of increasing importance, following the conclusion of the General Agreement on Trade in Services5.
Us Extraterritorial Jurisdiction: The Helms-burton and D'Amato Acts
Authors: Lowe Vaughan
Published: February 2008

The history of clashes over extraterritorial jurisdiction between the United States of America and other States in the Americas, Europe and elsewhere is a long one. That history is commonly traced back to the antitrust claims arising from the Alcoa case in 1945, in which the “effects” doctrine was advanced in the peculiar and objectionable form in which it is applied, not simply to acts which constitute elements of a single offence but which occur in different jurisdictions but, rather, to the economic repercussions of acts in one State which are felt in another. The conflict persisted into the 1950s, with the clashes over US regulation of the international shipping and paper industries. In the 1960s and 1970s there were further clashes in relation to the extraterritorial application of US competition laws, notably in disputes over shipping regulation and the notorious Uranium Antitrust litigation, in which US laws were applied to penalise the extraterritorial conduct of non-US companies, conducted with the approval of their national governments, at a time when those companies were barred by US law from trading in the United States. It was that litigation which was in large measure responsible for the adoption in the United Kingdom of the Protection of Trading Interests Act 1980, which significantly extended the powers which the British government had asserted in the 1952 Shipping Contracts and Commercial Documents Act to defend British interests against US extraterritorial claims.
Implementation of the Immigration (Carriers’Liability) Act 1987: Privatising Immigration Functions at the Expense of International Obligations?
Authors: Nicholson Frances
Published: February 2008

It is now a decade since the United Kingdom, along with Germany and Belgium, followed the policy of traditional countries of immigration, such as the United States, Canada and Australia, and introduced legislation which provides for the imposition of fines on carriers for bringing in passengers with incorrect papers.1The Immigration (Carriers' Liability) Act 1987 (“the Act”)2imposed fines on carriers of £1,000 for each illegal entrant brought to the United Kingdom. This fine was doubled in August 1991 and two years later extended to cover passengers without transit visas where these were required.3
Democracy and Development
Authors: Shihata Ibrahim F. I.
Published: February 2008

This note addresses the possible correlation between “democracy” and “development”, and the implications, if any, of such a correlation for the World Bank. This calls, first, for providing a definition of the two concepts as they are used here. To clarify the matter further, a distinction is made from the beginning between “development” in the broad sense and the concept of “economic growth” in the strict sense.
I. Constitutional Aspects
Authors: Newman Karl , Boyron Sophie
Published: February 2008

Although these last two years have been relatively quiet in terms of institutional developments, a number of important inter-institutional agreements have been negotiated in order to facilitate the working of some of the powers granted by the Maastricht Treaty, while some other powers were used for the first time: the European Ombudsman has issued his first report, the European Parliament has set up two Committees of Inquiry. Lastly, the European Court of Justice delivered an important opinion as regards the European Convention on Human Rights.
Constitutional Aspects of the Independence of the European Central Bank
Authors: Brentford Philip
Published: February 2008

At the celebrations of the 40th anniversary of the signature of the Treaty of Rome 1957 on 26 March 1997, Romano Prodi, President of the Italian Council, said that, with the Maastricht Treaty “we are perfecting our common economic constitution”, and that this Treaty should not be seen simply as an “instrument for the introduction of the single currency, but also as the awakening of the European peoples to the necessity of setting limits on the action of governments”. This notion of constitution or of economic constitution has received much attention from European legal scholars within the ongoing debate on constitutionalism and constitutionalisation within the Community legal order. However, constitutionalisation presents us with semantic difficulties, as legal doctrine has to adapt itself to the specificity of Community law. The discussion is further complicated by the divergence of views on the subject of whether the Treaties are a constitution for Europe and, indeed, whether Europe needs a constitution. Before we consider what constitutionalisation signifies, the notion of a constitution and an economic constitution in Community law merit consideration.
II. Justice and Home Affairs
Authors: Newman Karl , Walker Neil
Published: February 2008

The addition of “Justice and Home Affairs” (JHA) to the list of subjects covered in Current Developments reflects the growing significance of this area of European law and policy within the overall Treaty framework. In this introductory note, a brief account is given of the history of co-operation between EU member States in JHA matters, culminating in the significant changes announced in the Treaty of Amsterdam in October 1997. It is a historical record which is marked by discontinuity and institutional complexity, full justice to which would require detailed analysis. Here we confine ourselves instead to a broad-brush approach, seeking to highlight the main themes which have characterised JHA co-operation. In future notes particular areas and issues of current interest will be examined more closely.
European Union Decision-Making, Third States and Comitology
Authors: Evans Andrew
Published: February 2008

Historically and conceptually, EU law originates in the idea that member States have approved restrictions of national sovereignty in the interests of establishing a common market. In accordance with this idea, significant elaboration or extension of these restrictions must also be approved by the member States or at least by a majority of their representatives in the Council of the Union. The implication is not only that the development of the rules of the common market is dependent on the will of the member States. The further implication is that the rules of the common market and the rules of Union decision-making are separable, in the sense that the latter rules are not affected by the former rules. While such implications are ill-adapted to the pluralist tendencies of integration processes, particularly the participation of third States (that is, non-member States) in these processes, they are confirmed by the formal structure of the EC Treaty.
International Agricultural Trade Reform and Developing Countries: The Case of the European Community
Authors: McMahon Joseph A.
Published: February 2008

We are all aware that agriculture is important to developing countries as a source of income, employment and export earnings. To a far greater extent than in the OECD countries, agriculture it central to the economic performance of developing countries and the livelihood of their inhabitants. Rural societies in developing countries are directly dependent on the agricultural sector and urban dwellers rely on agriculture to provide food security and sustainable economic growth. Furthermore, many developing countries heavily rely on the export earnings or are highly dependent on food imports. Given the fact that the poorest and most threatened communities and countries are typically the most highly dependent, the resolution of pressing global agricultural policy and trade issues is critical to sustainable development and poverty alleviation.
The European Court of Human Rights and Religious Rights
Authors: Edge Peter W.
Published: February 2008

Article 9 of the European Convention on Human Rights provides:

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
I. Recent Cases: Case Concerning the Gabcïkovo-Nagymaros Project (Hungary/Solvakia)
Authors: Evans Malcolm D. , Okowa Phoebe N.
Published: February 2008

The dispute between Hungary and Slovakia concerning the Gabcïkovo-Nagymaros project could easily be described as one of the most important cases to come before the International Court of Justice (“the Court”) in recent years. The case raised a number of very important questions of international law, many of which had received no previous consideration in the Court's jurisprudence. In the first place, the Court was asked by both parties for orders of specific performance. Although the competence of the Court to issue orders of specific performance or injunctive relief had been the subject matter of much discussion in the academic literature, the issue had never before been raised squarely before the Court. Second, this was the first dispute in which the Court was directly asked to consider the consequences of the legal developments in the field of environmental protection. Despite the proliferation of treaty developments in that field, the status of many of those norms remains problematic Third, although the relationship between the law of treaties and the law of State responsibility has generated much general interest, the Court had not in the past been presented with an opportunity to pronounce on some of these issues. Finally, this is also one of the few cases in which the Court has been asked to consider the legal implications of State succession outside the context of decolonisation.
A Constitutional Duty to Negotiate Amendments:Reference Re Secession of Quebec
Authors: Haljan David P.
Published: February 2008

In the aftermath of the 1995 referendum on Quebec unilateral secession,1the then Minister of Justice, Allan Rock, proposed that the legality of a province's attempting to secede unilaterally be referred to the Supreme Court of Canada for a judicial opinion, pursuant to that Court's special advisory jurisdiction.2Accordingly, on 30 September 1996, the Governor General in Council submitted three questions of law, discussed in detail below, concerning the legal authority of Quebec, under both Canadian and international law, to secede from the Canadian federation. In addition to the government of Canada, two provinces, the two territories, and a number of special interest groups and individuals (all given leave to intervene) submitted written arguments and rejoinders over the course of 1997.3The government of Quebec did not participate in the hearing and submitted no argument. Accordingly, the Court appointed an (from Quebec) to represent the secessionist interest. The Court heard argument from 16 to 19 February 1998. On 20 August 1998 the Court released its unanimous opinion, rather earlier than expected.4The Court rejected the legal right of Quebec to separate unilaterally under Canadian constitutional law, and the right to do so under international law as recognised in Canada. Given the latter holding, the Court did not consider further the third question relating to reconciling a possible conflict between the two legal orders. The following extended case comment proposes to outline and discuss briefly the reasoning of the Court, in what is a significant exercise of judicial power in the service of constitutional affairs. The structure of this comment will follow that of the Court's resaoning, dealing first with a preliminary objection, then turninh to question 1(introduction and discussion) and then to Question 2 and 3.5
I. The Treaty of Amsterdam
Authors: Kennett Wendy
Published: February 2008

The Treaty of Amsterdam, expected to come into force this year, opened up new horizons in relation to European civil procedure. Article 65 of the revised EC Treaty will bring various aspects of civil procedure within the scope of Community law, in so far as they are “necessary for the proper functioning of the internal market”.1 It states:
II. Company Law and Trade in Securities
Authors: Newman Karl , Tridimas Takis
Published: February 2008

In the last two years, there has been a dearth of legislative initiatives in the field of company law.1This may be attributed to several reasons. Whilst the company law harmonisation programme is now largely complete, the principle of subsidiarity has to some extent hampered moves toward further harmonisation. Disagreement still reigns over certain crucial issues such as employee participation in corporate management. Also, in the light of the objective to advance EMU, there has been a shift in the Community's priorities. The search for consensus continues in relation to the proposal for a thirteenth company law directive on take-overs and the proposed European Company Statute, although, currently, the national delegations seem to be closer to agreement in relation to the latter than in relation to the former.2
Osmanv.UK—Transforming English Negligence Law into French Administrative Law?
Authors: Monti G.
Published: February 2008

Liability of public authorities is limited in all European countries. InOsmanv.UK1the European Court of Human Rights (“the Court”) has reviewed the scope of English negligence law in a case concerning the liability of the police. On a first reading the judgment may appear to be confined to the facts of the case at hand, but further reflection suggests that the Court has attacked the orthodox approach to negligence liability for public authorities in English law.
Models and Documents: Artifacts of International Legal Knowledge
Authors: Riles Annelise
Published: February 2008

It is a common observation that the theory and practice of international law are far apart. Richard Falk, for example, begins his 1970 book by chastising international legal theorists for failing to “provide adequate guidelines for evaluating particular decisions”.2Likewise, Louis Henkin asserts that, “Lawyer and diplomat are engaged in a dialogue de sourds. Indeed, they are not even attempting to talk to each other, turning away in silent disregard.”3
III. Extradition Law Aspects of Pinochet 3
Authors: Warbrick Colin , McGoldrick Dominic , Warbrick Coun
Published: February 2008

The prominence of the immunity issue in Pinochet 12 rather obscured the fact that the proceedings were ultimately about extradition. Perhaps that was how it should have been because immunity questions are recognised as preliminary matters, going to the very competence of a court to hear and determine the substantive claim. However, there can be questions which are, as it were, even more preliminary than ones about immunity. One example is where a party argues that there is no substance whatever to the right a State claims and which it is seeking to protect from adjudication by relying on one version or another of immunity.3 When the extradition aspects of the case resurfaced in Pinochet 3, the opposite, pre-preliminary situation was presented: did the extradition crimes specified in the warrants from Spain require any answer from Pinochet, such that could he avoid being handed over, without it being necessary for him to raise any claim of immunity?
On Defining the Cultural Heritage
Authors: Blake Janet
Published: February 2008

Examples can be found from ancient times of concern for the protection of cultural artefacts and early legislation to protect monuments and works of art first appeared in Europe in the 15th century. Cultural heritage was first addressed in international law in 1907 and a body of international treaties and texts for its protection has been developed by UNESCO and other intergovernmental organisations since the 1950's. The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict of UNESCO (henceforth the “Hague Convention”) is the earliest of these modern international texts and was developed in great part in response to the destruction and looting of monuments and works of art during the Second World War. It grew out of a feeling that action to prevent their deterioration or destruction was one responsibility of the emerging international world order and an element in reconciliation and the prevention of future conflicts. International law relating to the protection of cultural heritage thus began with comparatively narrow objectives, the protection of cultural property in time of war.
Forum Non Conveniens: the Caribbean and its Response to Xenophobia in American Courts
Authors: McDowell Zanifa
Published: February 2008

Social jargon of the day embraces the philosophy that the world is now a global village. The use of this expression surprises no one, as in almost every aspect of our lives, we are somehow connected to someone or something which transcends territorial borders. It is in fact the order of the day and the proliferation of transnational issues coming before the courts bears testimony to this. The way in which business is conducted links the local tradesman, company or conglomerate to elements not within his or its jurisdictional purview; the way in which we live our private lives through employment, travel, marriage, or place of birth of our children may make for us connections with a host of other countries not previously contemplated. It is therefore no wonder that at times, serious issues affecting a person's personal rights may fall to be determined by one or another of several courts of law of one or another of several countries which may or may not be the ideal adjudicator of justice. The question obviously raised for determination is what is ideal? Throughout the passage of time, English law, which the Commonwealth Caribbean mainly inherited, has adopted a number of tests through which this ideal adjudicator may be identified. In recent times however, there has been a tendency to reject the established approach and to strike out independently in protest of the constraints imposed by judicial precedent. In Dominica, in relation to transnational causes of action, this was recently done in the form of statutory enactment entitled the Transnational Causes of Action (Product Liability) Act. It is the aim of this paper to examine whether, and if so, to what extent the Act has abolished the doctrine of forum non conveniens as a resource in private international law through which an ideal adjudicator may be located for the determination of transnational disputes, as well as to assess the effectiveness of the Act in dealing with these types of matters.
The European Commission's Extraterritorial Powers in Merger Control
Authors: Broberg Morten P.
Published: February 2008

Within the field of competition law the question of jurisdiction is able to ignite an extremely heated debate. For example, when the American company Boeing decided to acquire the American company McDonnel Douglas both the US and the EU competition authorities engaged in an investigation of the transaction. The fact that the Community commenced an investigation, and even appeared to consider a prohibition, of the merger caused an uproar amongst some American politicians. These politicians claimed that the merger was a purely American matter and that the Community's competition authorities had no jurisdiction over the merging parties.
Judicial Jurisdiction and Abuse of Process
Authors: Warbrick Colin
Published: February 2008

British cases used to be widely relied upon to show that courts were entitled to hear criminal proceedings against defendants brought before them without having to enquire into the process by which custody over them had been obtained: and specifically, that there was no bar to proceeding where the allegation was made that custody had been obtained in breach of international law.1 The consistency of the doctrine was breached by Mackeson2 when the English court refused to hear the case against a defendant who, it accepted, had been brought to England by a collusive process between the English and Zimbabwean authorities, which arguably breached both national laws, even if it did not involve a breach of international law. While the previous orthodoxy soon reasserted itself in Driver,3 the edifice of authority was substantially undermined in Bennett4 when the House of Lords acceded to the claim of the applicant that proceedings against him would be an abuse of process, given the circumstances in which his presence in the United Kingdom had been achieved. Outside the United Kingdom, the practice in other States continued in different directions, sometimes confirming the old position of male captus, bene detentus,5 sometimes the reverse.6
E.C.H.R. Remedies From a Common Law Perspective
Authors: Carnwath Sir Robert
Published: February 2008

In this paper, I shall attempt to take a practical view of some of the issues which the common law courts will be facing in the coming months, in granting remedies under the Human Rights Act 1998. I shall be looking at these issues from the viewpoint of a judge, sitting regularly in judicial review cases, and also as Chairman of the Law Commission, which has for many years taken full account of the Convention in its law reform proposals. Notwithstanding the width of the title, I shall concentrate on remedies in damages, since that is the area to which the Law Commission's work has been mainly directed in recent times. I shall be referring to the recent LCD Consultation Paper on proposed rules under the Act.1 I shall steer clear of the difficult subject of the “declaration of incompatibility”, which has been fairly described as “not a legal remedy but a species of booby prize…”.2
What is the Function of the Conseil D'etat in the Preparation of Legislation?
Authors: Bell John
Published: February 2008

Consideration of the Conseil d'Etat and its role in the preparation of legislation helps us in Britain to appreciate how our own legislative process might be improved. The Hansard Society Report1 suggested in 1992 that Britain needed to look beyond just improving the drafting of legislation and needed to reform the legislative process, both before a bill is presented to Parliament and in its passage through Parliament. My reflection on the French process is to suggest that this offers us a further focus of attention—the questions which should be asked during the scrutiny process. There are two areas where we need to ask questions—on fundamental rights and practical effectiveness. I think that the British trust too much to the political process to ensure that questions concerning respect for fundamental values and also administrative workability are addressed before a bill is passed by Parliament. This paper is influenced by observations made in 1986 of the Interior Section of the Conseil d'Etat in its scrutiny of a number of government bills at the beginning of the Chirac premiership.
The Cartagena Protocol on Biosafety and the Wto—Co-Existence or Incoherence?
Authors: Qureshi Asif H.
Published: February 2008

The beginning of the new millennium spawned a biosafety protocol1for the transboundary movement of genetically modified organisms,2against the background of an existing WTO code3concerned mainly with liberal trade. The co-existence of the two codes, and their almost separate development, reflects the fact that the international movement of GMOs raises concerns both of biosafety and liberal trade. However, their co-existence also invites a number of questions—viz., the level to which they complement each other, the level of duplication, and the levels to which they are adequatequanormative frameworks for biotechnology products. In short, the two systems beg the question whether they co-exist happily, or provide for incoherence. This article is not intended as an exhaustive analysis of the codes, but rather as a framework for a focus on the respective codes, as well as their relationship to each other, from a legal perspective.
International Legal Issues Arising In The Kosovo Crisis
Authors: Lowe Vaughan
Published: February 2008

[In 1999, the House of Commons Foreign Affairs Committee invited a number of international lawyers to submit papers on the legal aspects of the Kosovo crisis. Papers were submitted by Professor Ian Brownlie QC, Professor Christine Chinkin, Professor Christopher Greenwood QC, Professor Vaughan Lowe, and Mark Littman QC. The three last-named answered questions on the issue at a session of the Committee held in February 2000.
HEDGE FUND ASSET VALUATIONS AND THE WORK OF THE INTERNATIONAL ORGANIZATION OF SECURITIES COMMISSIONS (IOSCO)
Authors: McVea Harry
Published: February 2008

This article seeks to explore and subsequently critique the International Organisation of Securities Commissions's (IOSCO) attempt to devise a globally recognized set of benchmarks of good practice in valuing hedge fund assets as set out in its recent Principles For the Valuation of Hedge Fund Assets (A Consultation Report, March 2007). The outcome of the IOSCO's consultation process is almost certain to have an important bearing on the future provision of hedge fund valuation services globally and, thus, is likely to be viewed with great interest by regulatory and industry bodies throughout the world.
ENVIRONMENTAL PROTECTION AND THE GENERALIZED SYSTEM OF PREFERENCES: A LEGAL AND APPROPRIATE LINKAGE?
Authors: Switzer Stephanie
Published: February 2008

This article will question the legality of measures of environmental ‘conditionality’ in the Generalized System of Preferences [GSP] of the European Community [EC].1 The GSP is a GATT/WTO2 authorized scheme which permits developed nations to grant non-reciprocal tariff preferences in favour of developing countries.3 The objectives of the GSP are primarily development-oriented in that it aims to increase the export earnings of developing countries, promote their industrialization and accelerate rates of economic growth.4 A recent case taken in the WTO examined the legal contours of the grant of tariff preferences and it is in the light of this that this article will examine the so-called ‘special incentive arrangements’ of the reformed EC GSP which offers additional tariff preferences to developing countries on the ‘condition’ that they adhere to specified standards of environmental protection.
Time and Work in England, 1750–1830. By Hans-Joachim Voth. Oxford: Clarendon Press, 2001. Pp. viii, 304. £40.
Authors: Clark Gregory
Published: February 2008

Original and useful ideas are infrequent in both economics and history. Most of us have to make do by appropriating from others and repackaging. But this book develops an idea that is both novel and ingenious. The author deserves much praise. The idea is to extract information on time use in Industrial Revolution England from witness statements in criminal trials. His central conclusion is that average hours of work for male workers increased by 30 percent between the 1750s and 1800, and by 20 percent between the 1750s and 1830. Indeed, his estimate of 3,500 hours per male worker in 1800 is the all-time high for England. Thus Voth finds evidence that the Industrious Revolution posited by Jan de Vries did accompany the Industrial Revolution. He concludes that even the meager productivity growth reported by Nick Crafts is still too high, since some increase in output was due to increased labor inputs. This reviewer has doubts, explained below, whether he has large enough samples of the appropriate types of workers to convincingly assert this central finding. But his method is correct in principle, and if extra data can be secured they will tell us a lot.
From Calabar to Carter's Grove: The History of a Virginia Slave Community. By Lorena S. Walsh. Charlottesville and London: University Press of Virginia, 2001. Pp. xxii, 335. $18.95, paper.
Authors: Coclanis Peter A.
Published: February 2008

Over the past quarter century, no scholar has done more to document the social history of the colonial Chesapeake than Lorena Walsh. In so doing, she has made important scholarly contributions in a variety of areas, most notably, in agricultural history, demographic history, African American history, and women's history. Along with such scholars as Lois Green Carr, Allan Kulikoff, Darrett and Anita Rutman, and Russell Menard among others in the so-called Chesapeake School, Walsh has helped to create a powerful framework for understanding the evolution of Virginia and Maryland and for interpreting the behavior of the populations residing therein. Two of the hallmarks of the work of scholars associated with the “School” are innovative methodologies and meticulous, painstaking research, both of which characteristics are readily apparent in the volume under review.
Dodging Bullets: Changing U.S. Corporate Capital Structure in the 1980s and 1990s. By Robert N. McCauley, Judith S. Ruud, and Frank Iacono. Cambridge, MA: MIT Press, 1999. Pp. xii, 415. $34.95.
Authors: Heim Carol E.
Published: February 2008

During the late 1980s the United States experienced a major wave of corporate leveraging as firms substituted debt for equity. The boom peaked in 1989, after which the junk bond market collapsed, bank credit tightened, and leveraged buyouts (LBOs) dropped off sharply. Beginning in 1991, the favorable stock market helped firms that had been taken private with largely borrowed money to survive by issuing public equity. As the economy recovered from recession, mergers and acquisitions resumed the acceleration that had begun in the 1980s. Corporate restructuring often occurred without much leveraging, however, and in the more friendly deals of the 1990s CEOs were likely to be in control.
COMMON RIGHTS TO LAND IN ENGLAND, 1475–1839
Authors: Clark Gregory , Clark Anthony
Published: February 2008

We estimate the extent of common land in England from 1475 to 1839, treating charity land as a sample. We find common was only 27 percent of land in 1600. Thus there was little common beyond what Parliamentary acts later enclosed. More tentatively, common was only one-third of land even in 1500. Further, common land in 1600 was mainly stinted, excluding those without formal property rights. Common waste, to which the landless poor did have access, constituted a mere 4 percent of land, and was mainly land of marginal value. Private property was thus the norm in England by 1600.
THE LONGEST YEARS: NEW ESTIMATES OF LABOR INPUT IN ENGLAND, 1760–1830
Authors: Voth Hans-Joachim
Published: February 2008

Based on six sets of witnesses' accounts from the North of England and London over the period 1760 to 1830, new estimates of male labor input during the Industrial Revolution are derived. I present a new method of converting witnesses' activities into estimates of labor input, and derive confidence intervals. Working hours increased considerably. Moderate gains in per capita consumption during the Industrial Revolution have to be balanced against this decline in leisure. This adds further weight to pessimistic interpretations: I calculate that consumption per capita, adjusted for changes in leisure, remained essentially unchanged between 1760 and 1830.
Important or Impotent? Taking Another Look at the 1920 California Alien Land Law
Authors: SUZUKI MASAO
Published: February 2008

Opposition to Japanese immigration led to Alien Land Laws that barred Japanese immigrants from buying or leasing farmland. Although there is general agreement that the 1913 California Alien Land Law had little impact, historians and social scientists have differed over the effectiveness of the 1920 initiative, which closed loopholes in the earlier law. Census data show a decline in Japanese American agriculture over the short and long run, which cannot be fully explained by the agricultural downturn of the 1920s. This evidence indicates that the 1920 California Alien Land Law had negative consequences for Japanese immigrant farmers.
An Impossible Undertaking: The Eradication of Bovine Tuberculosis in the United States
Authors: OLMSTEAD ALAN L. , RHODE PAUL W.
Published: February 2008

In 1917, after scientific breakthroughs allowed for the early detection of bovine tuberculosis, the USDA began a campaign to eradicate the disease. Agents inspected nearly every cattle farm in the country and condemned roughly 4 million reactors to slaughter without full compensation. This article analyzes how the eradication program functioned, how incentives were aligned to ensure widespread participation without excessive moral hazard problems, and why the United States led most European nations in controlling the disease. The U.S. campaign was a spectacular success, reducing human suffering and death and yielding benefits in the farm sector alone that exceeded ten times the cost.
Real Shock, Monetary Aftershock: The 1906 San Francisco Earthquake and the Panic of 1907
Authors: ODELL KERRY A. , WEIDENMIER MARC D.
Published: February 2008

In April 1906 the San Francisco earthquake and fire caused damage equal to more than 1 percent of GNP. Although the real effect of this shock was localized, it had an international financial impact: large amounts of gold flowed into the country in autumn 1906 as foreign insurers paid claims on their San Francisco policies out of home funds. This outflow prompted the Bank of England to discriminate against American finance bills and, along with other European central banks, to raise interest rates. These policies pushed the United States into recession and set the stage for the Panic of 1907.

San Francisco's $200,000,000 “ash heap” involves complications which will be felt on all financial markets for many months to come [and] the payment of losses sustained … represents a financial undertaking of far-reaching magnitude….The Financial Times [London], 6 July 1906
On the Efficiency of Markets for Agricultural Products: Rice Prices and Capital Markets in Java, 1823–1853
Authors: VAN ZANDEN JAN LUITEN
Published: February 2008

I use rice prices in three cities to analyze the efficiency of the marketing system and the institutional framework of Javanese agriculture, 1823–1853. I show that imperfections in rural capital markets caused the extreme fluctuations in rice prices and that the segmentation of the capital market modifies the McCloskey and Nash interpretation of the relationship between seasonal fluctuations of grain (or rice) prices and interest rates. I argue that these fluctuations proxy peasants' stress. Finally, I hypothesize that institutional and market failures explain the “noneconomic” behavior of Javanese peasants in Boeke's theory of dualistic economic development.