bluuebunny/crossref_metadata_2025 huggingface dataset:
Ascendancy: January-October 1983
Authors: Greer Steven
Published: November 2023

The media dubbed 1982 ‘the year of the supergrass ‘, since it was then that the majority came to public attention, but it was not until the following year that the first significant trials, on the evidence of Joseph Bennett, Christopher Black, and Kevin McGrady, con cluded with the conviction of virtually all the accused. Between the beginning of 1981 and the end of 1983, at least eight loyalist and nineteen republican supergrasses had appeared and nearly 600 suspects had been arrested on the evidence which they had sup plied.1 Although supergrass defendants accounted for only 20 per cent of those tried by the Diplock courts in 1983,2 they included those suspected of being amongst the top leadership of the IRA, the INLA, and the UVF. The RUC believed that the Black case had finished off the Provisional IRA in the Ardoyne area of Belfast, that the Bennett trial had destroyed the Ulster Volunteer Force in the city,3 and that the ranks of the INLA had been decimated by the supergrasses, with morale dropping to a low ebb.4
The Public Controversy: 1983-1984
Authors: Greer Steven
Published: November 2023

The use of supergrasses in the Diplock system excited intense public controversy, both in Northern Ireland and to a lesser extent beyond, from the autumn of 1981, when the first mass arrests began. The debate gained momentum as the supergrass system itself unfolded, particularly after the convictions in the Bennett, Black, and McGrady cases in 1983. A central argument in this study is that the anti-supergrass campaign led to a judicial volte face which terminated the supergrass system. It is appropriate, therefore, to deviate at this point from the chronological account of the key trials in order to consider the various viewpoints in the controversy which had already become clear by the end of 1983. The comparatively few important contributions made after 1984, for example the Attorney-General ‘s second lengthy Commons statement in 1986, are considered in later chapters.
Final Ups And Downs: 1985
Authors: Greer Steven
Published: November 2023

Although 1984 had ended with the supergrass system apparently in serious decline, 1985 closed with a partial resurgence. The year began disastrously for the authorities, with the almost complete failure of the loyalist Crockard and Allen trials, but in December all twenty-seven republican defendants charged on the evidence of Harry Kirkpatrick were convicted. However, as things turned out, this proved to be little more than the last flickers from a dying fire, since by the end of the following year all the uncorroborated convictions in every supergrass case, including that of Kirkpatrick, had been overturned on appeal.
Distant Cousins
Authors: Greer Steven
Published: November 2023

IN the 1970s and 1980s processes similar in various respects to the supergrass system in Northern Ireland appeared in England, the United States, Italy, France, Spain, and Germany, directed against terrorism, organized crime, and insider dealing. While the relevance of the English experience is self-evident, the American Witness Protection Programme is of particular interest because the RUC is said to have borrowed from it the idea of protecting vulnerable witnesses before trial and offering them new lives and new identities afterwards.1 The Italian process is also worthy of particular attention because in the 1980s Italian supergrasses, the pentiti, were used to devastating effect against the terrorism of the Red Brigades2 but with less success against the Mafia, and in Germany in the early 1990s, accomplice testimony has been effectively deployed against the once ruthless but now largely defunct Red Army Faction. Although no supergrass processes as such have been established in France or Spain, legislation has been enacted in each of these countries to encourage terrorists to co-operate in the prosecution of their erstwhile confederates.
Judicial Defamations
Authors: Olowofoyeku Abimbola A
Published: November 2023

As the above quotation indicates, and as has been seen briefly in Chapter 2, the law of judicial immunities extends its protection beyond the realm of judicial acts to allegedly defamatory words spoken by judges in the course of judicial proceedings. This immunity in respect of defamatory words is often referred to as a ‘privilege’. In this chapter, I shall use the terms ‘immunity’ and ‘privilege’ interchangeably. It was submitted in Chapter 2 that the immunity in respect of judicial acts is not necessarily the same as that which is given for defamatory statements. I propose now to undertake a more detailed examination of this point.
Coming Off
Authors: Taylor Avril
Published: November 2023

Sooner or later, all the women wanted to give up their use of drugs. This chapter will examine the reasons for this and the factors which made giving up difficult. It will be seen that, just as there are various reasons for beginning to use drugs, there are a myriad of reasons for wanting to cease drug taking, for continuing or for beginning again. Every woman made at least one attempt to stop her drug use during the period of my fieldwork. When I first met Michelle she had been‘off’ drugs for three days; a few days later she had resumed use. Towards the end of fieldwork she entered a drug rehabilitation centre for a few weeks and then again resumed drug use.
Notes and Comments on Cases in International Law, Commercial Law, and Arbitration
Authors: Mann F A
Published: November 2023

F.A. Mann is considered to be one of the finest British lawyers of this century, esteemed as an international jurist and as a practising solicitor. He combined a thriving and prestigious practice with a prolific output of writing and teaching, with much of his work centering on the inter-relationship of international and national law. Among his publications are Studies in International Law (OUP, 1973), Further Studies in International Law (OUP, 1990), and Foreign Affairs in English Courts (OUP, 1986). He died in September 1991, whilst at work on the proofs of the fifth edition of his virtually canonical work, The Legal Aspect of Money Notes and Comments on Cases in International Law represents some of the finest of his writing on such diverse topics as Anglo-American Legal Harmony, Bills of Exchange and the Conflict of Laws, the Spycatcher case, Austrian Nationality, and English Procedural Law and Foreign Arbitrations. Throughout his career his case notes were regarded as models of intellectual acuity: constantly stimulating and rigorous in their analysis and style. This new collection of his work will gain a fresh audience for his writing, and should be found on the bookshelves of every lawyer with a serious interest in international law.
English Procedural Law and Foreign Arbitrations
Authors: Mann F A
Published: November 2023

Which is the procedural law that governs an international arbitration? By what law is it to be determined whether, in an international arbitration, witnesses are to be examined on oath or the claimant has to provide security for costs? Which is the court that may disqualify an arbitrator and what are the procedural rules applicable to the question of disqualification? Which is the court that can order a case to be stated or an award to be set aside on the ground of the arbitrator’s misconduct? Although there is nowhere much judicial authority on these and similar questions, there were until recently strong grounds for thinking that the law of the arbitration tribunal’s seat, the lexarbitri, determines the arbitration’s procedure and that the parties are at liberty to devise their own procedural rules only to the extent permitted by the lex arbitri. Yet what seemed to be a fairly obvious principle, supported both by strictly legal reasoning and by common sense, has become subject to much doubt as a result of the decision of the Court of Appeal (Lord Denning MR, Davies and Widgery L JJ) in Whitworth Street Estates (Manchester) Ltd.
The Meaning of ‘Money’
Authors: Mann F A
Published: November 2023

BY its decision in Re Morgan (1943), 1 All ER 187, the House of Lords has provided renewed and most welcome proof of the progressive spirit which has animated the highest tribunal in recent years. It would not be difficult to enumerate a long series of reforming decisions re-establishing or introducing rules of law which often revolutionized the particular sphere of law concerned and almost invariably resulted in relieving, as Lord Atkin said, ‘judges in the future from the thraldom, often I think self imposed, of judgments in other cases’. Among these decisions, Re Morgan will hold pride of place for three reasons.
Specific Performance of Foreign Money Obligations?
Authors: Mann F A
Published: November 2023

The recent devaluation of sterling will bring to the forefront the rule of English law according to which an amount of foreign currency claimed in English proceedings must be converted into sterling at the rate of exchange prevailing on the day when it became payable. This ‘breach-date-rule’, established by two decisions of the House of Lords means, for instance, that, if A in New York was on 1 September 1949 entitled to be paid $420 in New York by another New York resident under a contract governed by New York law and finds his debtor in England, he now cannot normally recover more than $240, for at the date of breach $420 was worth £mo which now produces $240. It is possible that the law of New York may allow A damages for delay in payment and that such damages are recoverable here, but at present this is, for many reasons, far from certain.2
Uncertain Certainty
Authors: Mann F A
Published: November 2023

It may be churlish, and perhaps even disrespectful, to venture to question the decision of the House of Lords (Lord Diplock, Lord Simon of Glaisdale, Lord Edmund-Davies, Lord Scarman, and Lord Bridge of Harwich) in The Chikuma [1981] 1 WLR 314, which is not only unanimous but also expressed in a single speech by the junior member of the Committee, with which his colleagues merely agreed. Yet the decision, while restoring that of Robert Goff J, disapproved the view taken by an experienced City arbitrator and described by the Financial Times as one ‘with which few businessmen would quarrel’, as well as the decision of the Court of Appeal (Lord Denning MR, Waller and Dunn L JJ) which the same journal described as ‘common sense’. There are in fact many in the City and in the professions who seem to subscribe to such comments, thus putting the opposite label on the decision of the House of Lords.
Problems of Compound Interest
Authors: Mann F A
Published: November 2023

BY one of the most broadminded and progressive decisions of recent years the House of Lords held that where under the contract with its customer a bank is entitled to compound interest with quarterly rests the right continues after payment has been demanded: National Bank of Greece v. Pinios Shipping Co. [1989] 3 WLR 1330. Lord Goff of Chieveley, with whom Lord Bridge of Harwich, Lord Brandon of Oakbrook, Lord Griffiths, and Lord Jauncey of Tullichettle agreed, thus reversed the decision of the Court of Appeal [1989] 3 WLR 185, which was discussed at (1989) 105 LQR 344. The Court of Appeal had felt bound by precedent to hold that upon demand for payment being made the contract with the bank ceased to be, as the phrase went, a ‘mercantile account current for mutual transactions’ and, to continue conceptualist reasoning of the worst type, resolved itself into a relationship of creditor and debtor. All this verbiage has now disappeared from the legal scene and is replaced by the controlling force of the usage of bankers. The essence of the case is so simple and so simply stated that one is tempted to say no more about it. Yet it gives rise to three comments which, it is hoped, will not be thought wearisome.
Bills of Exchange and the Conflict of Laws
Authors: Mann F A
Published: November 2023

THE decisions of Mr Justice Tucker in Banku Polskiego v. Malter & Co. [ r941] 2 All ER 647, decided on 24 June 1941, and of Mr Justice Stable in Cornelius v. Banque Franco-Serbe [1941] 2 All ER 728, decided on 25 June 1941, deal with problems of the conflict of law relating to bills of exchange which for many years have been a familiar topic of discussion in textbooks but on which there exists no or very little judicial authority. For this reason and also in view of the fact that the developments on the Continent have no doubt caused identical difficulties in numerous other cases, both judgments merit close examination.
Extraterritorial Effect of Confiscatory Legislation
Authors: Mann F A
Published: November 2023

Atkinson J’s decision in Lorentzen v. Lyddon & Co., Ltd., 71 (1942) LI LR 197, the appeal against which was recently dismissed by consent so that the learned judge’s hope for a review by the Court of Appeal was unfortunately not fulfilled, requires a few words of comment. The plaintiff claimed damages for the repudiation of a contract by which the defendants had undertaken to charter a ship owned by a Norwegian company. The plaintiff, suing as ‘curator’ of the ship, derived his title from a decree issued on 18 May 1940, by the Free Norwegian Government at Trondhjem by which all Norwegian ships were requisitioned and put under the control of a curator who was authorized to exercise to the exclusion of the owners all rights of property over requisitioned ships, to collect claims due to the owners, enforce them by action, and so forth.
Re Syndic in Bankruptcy of Salim Nasrallah Khaury v. Khayat
Authors: Mann F A
Published: November 2023

The decision of the Privy Council in Syndic in Bankruptcy of Salim Nasrallah Khaury v. Khayat [1943] AC 5<>7 constitutes a welcome contribution to the development of the law of money. Its importance is in no way diminished by the fact that, perhaps owing to the respondent not having been represented at the hearing, neither the argument nor the opinion delivered by Lord Wright are as catholic and exhaustive as might have been expected.
Re Grosvenor
Authors: Mann F A
Published: November 2023

Section 184 of the Law of Property Act 1925, provides that where two persons have died in circumstances rendering it uncertain which of them has survived the other, the deaths shall, for all purposes affecting the title to property, be presumed to have occurred in order of seniority. In view of its wording it is fairly clear that the section does not apply to cases in which it is proved that the deaths occurred simultaneously. Is this possible? Lord Cranworth LC in Wing v. Angrave (1855) 4 De G. M. & G. 633, 661, thought that it was not, and in Re Lindop [1942] Ch. 377, 383, Bennett J held that it was ‘so highly improbable that the evidence relied upon to prove it must be looked upon closely and critically’. In Re Grosvenor [1944] 1 AER 81, however, the Court of Appeal was unanimously of the opinion that simultaneous deaths were possible, and Lord Greene MR and Goddard LJ held that, if two persons, being in the same room, are killed by what is popularly known as a direct hit by a high explosive bomb, the probability of simultaneous deaths was ‘so overwhelming that to feel doubt on the matter
Libellous Communication by a Foreign State Official
Authors: Mann F A
Published: November 2023

From the point of view of international law the decision of Henn Collins J in Szalatny-Stacho v. Fink [1946] I All ER 303 is both interesting and puzzling.

The defendant, the Chief Military Prosecutor in the Czech Army, published documents alleged to be defamatory upon the plaintiff, the then Czech Envoy in Cairo, by sending them to the Military Office of the President of the Czechoslovakian Republic in London. The principal point for decision was whether the communication was entitled to absolute privilege. The learned judge held that by English law no such privilege could be claimed. On the other hand, he found that by Czech law ‘this communication could not have founded any action, civil or criminal’, though in view of an admitted excess of the defendant’s official duty the plaintiff apparently had by Czech law the remedy ‘to call in question the excess by some other form of procedure’ (which he did without success).
Legitimacy and the Conflict of Laws
Authors: Mann F A
Published: November 2023

IN January 1947 the problem of legitimacy in the conflict of laws was discussed with great learning and acumen by Mr Welsh: (1947) 63 LOR He succeeded in inducing Professor Cheshire to some extent to change his views on this difficult subject in the third edition of his Private International Law, which appeared in the summer of 1947 (pp. 497--513). There will be some who will regret that Mr Welsh failed to exercise similar influence upon the mind of Romer J, who, in November 1947, had to decide the case of Re Bischoffsheim [1948] Ch. 79.
Confiscatory Legislation and Share Certificates
Authors: Mann F A
Published: November 2023

Kahler v. Midland Bank, Ltd. [1948] 1 All ER 811 is a decision of the Court of Appeal which will cause no little surprise. The plaintiff was the undisputed owner of certain share certificates endorsed in blank which were held by the defendants in a dossier for a Czechoslovak Bank described as the Bohemian Bank with whom the plaintiff had an account; neither the defendants nor the Bohemian Bank claimed any right, title, or interest in the shares. By his writ issued in July 1939, the plaintiff, who had by that time left Czechoslovakia, claimed from the defendants delivery up of the shares. He relied on an alleged direct contractual relationship between himself and the defendants, but this point, which, on the facts as reported, obviously was a bad one, is of no general interest. The remarkable aspect of the case is that the plaintiff failed with his claim in rem on the ground that Czech currency regulations precluded the release of the securities to him.
Austrian Nationality
Authors: Mann F A
Published: November 2023

IN the Matter of Mangold’s Patent (1951) 68 RPC I, Lloyd-Jacob J had to deal with an application for extension of a patent on the ground of loss suffered ‘by reason of hostilities between His Majesty and any foreign state’. Under section 24 (8) of the Patents Act 1949, if the applicant ‘is a subject of such foreign state’, no order for extension can be made. The learned judge held that the applicant who was of Austrian origin and had resided in this country since 1937, was disentitled to an extension, because on 13 March 1938, Austria was annexed by Germany and, on 2 April 1938, such annexation was recognized by His Majesty; consequently, the applicant was a German subject, unless he could prove that ‘by German municipal law’ he was not so regarded. The recognition of Austria as a State on 5 January 1946, and the termination of the state of war with Austria on 16 September 1947, were held to be irrelevant on the ground that the latter did ‘not necessarily imply the existence of any state of war between His Majesty and the State of Austria prior to such recognition’
Illegality and the Conflict of Laws
Authors: Mann F A
Published: November 2023

A Unanimous House of Lords (Lords Simonds, Reid, Cohen, Keith, and Somervell) has affirmed the decision of the Court of Appeal in Regazzoni v. K. C. Sethia, Ltd. It is, therefore, no longer useful to reopen the question whether English law has taken a dangerous or a desirable course. Rather it is necessary to enquire what it is that the House of Lords has laid down as a legal principle for the guidance of future generations.
Exchange Control and Statutory Interpretation
Authors: Mann F A
Published: November 2023

Section r (r) of the Exchange Control Act 1947, makes it illegal for a resident of the United Kingdom to ‘borrow’ foreign currency outside the United Kingdom. Between 1952 and 1955 the late Sir Alexander Korda, so it was alleged in Re H.P.C. Productions Ltd., requested a Swiss company known as T.V. Finance Corporation, Zug, (a) to invest $90,000 in the purchase of United States treasury bills which were in fact delivered to Sir Alexander in New York, and (b) to pay $85,000 to a French estate agent as part-payment of the price of a villa at Antibes purchased by Sir Alexander. It was further alleged that (c) the Swiss company ‘either lent to or paid at the request of the deceased sums totalling not less than $50,000’. Plowman J was called upon to decide the preliminary point of law whether the transactions so alleged were legally valid.
The Variation of Trusts Act 1958 and the Conflict of Laws
Authors: Mann F A
Published: November 2023

The Variation of Trusts Act 1958 provides in section 1 that ‘where property ... is held on trusts arising ... under any will, settlement or other disposition, the court may ... approve ... any arrangement ... varying or revoking all or any of the trusts... ‘. Has the court thus been given power, subject to any procedural question of jurisdiction, to vary any will, settlement, or other disposition made anywhere under any law by testators or settlors of any domicile or nationality, and irrespective of the situation of the property or the whereabouts of the trustees? The answer will certainly have to be in the negative, for in the absence of clear words to the contrary ‘Parliament does not assert or assume jurisdiction which goes beyond the limits established by the common consent of nations’.
On the Sacrosanctity of the Foreign Act of State
Authors: Mann F A
Published: November 2023

IT is possible that the recent decision of the Court of Appeal in Buck v. Attorney-General will have greater influence on the development of international law than some readers may at first sight suspect, for it lends further support to the view that the doctrine of the sacrosanctity of the foreign act of State, while expressing an important and wholesome principle of law, has been generalized and extended far beyond its proper scope. To put the point very shortly, the plaintiffs claimed a declaration to the effect that the Sierra Leone (Constitution) Order ,3 which was made on 14 April 1961, under the British Settlements Act 1887, and gave a Constitution to the State of Sierra Leone was ultra vires and void. Sierra Leone became an independent and sovereign State on 27 April 1961, by virtue of the Sierra Leone Independence Act I 96 r. The Court of Appeal held that it had no jurisdiction in proceedings against Her Majesty’s Attorney-General, to which Sierra Leone was not a party, to make such a declaration. Whatever the position may have been before 27 April 1961, Sierra Leone was from that date onwards and now is a sovereign State whose Constitution was being directly attacked, but could not be impugned in an English court.
The Bretton Woods Agreement in the English Courts
Authors: Mann F A
Published: November 2023

Sharif, resident in England, was the holder of a cheque for £300 drawn in his favour by Azad, who was also resident in England. When Sharif brought an action on the cheque, Azad relied on section 30 of the Bills of Exchange Act 1882, according to which payment is excused where the issue of the cheque was affected with illegality. This was said to arise from the fact that the cheque had been issued in consideration of the transfer by the plaintiff, Sharif, to the defendant, Azad, of a cheque for 6,000 Pakistan rupees.
Uniform Laws and the Conflict of Laws
Authors: Mann F A
Published: November 2023

In a paper in British Year Book of International Law 1972-1973, 117, 125-6 (and elsewhere) this writer argued that, subject to the inclusion in it of a genuine conflict rule and to ordre public, a statute such as the Carriage of Goods by Sea Act 1971 giving effect to the Hague Rules or the Carriage by Air Act 1961, to which the Warsaw Convention is scheduled, is inapplicable in an English court, unless it has previously been ascertained that the contract is governed by English law. Dr J. H. C. Morris (1979) 95 LQR 59 criticizes this submission on several grounds. One of them is ‘that when an international convention on the law of transport is given the force of law in the United Kingdom, its provisions apply to all disputes within its scope, regardless of the proper law of the contract’.
A New Aspect of the Restrictive Theory of Sovereign Immunity
Authors: Mann F A
Published: November 2023

THE great case of/ Congreso (1981) 3 WLR 328 has split the House of Lords on a narrow point of fact, but there was unanimity on the points of law that came up for decision.
Exclusive Exotic Jurisdiction
Authors: Mann F A
Published: November 2023

Since section 2 of the Civil Jurisdiction and Judgments Act I 982 and, consequently, Schedule 1 containing the Convention of 1968 of Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (as amended) is not yet in force, it is perhaps still timely to warn against an absurdity which has recently come to light, which is unfortunately typical of so-called uniform legislation and which ought to serve as a deterrent for the many well-meaning lawyers whose passion it is to interrupt by ill-conceived conventions the natural development, harmonization, and, indeed, integration of civil and commercial law.
The Formal Validity of Wills in Case of Dual Nationality
Authors: Mann F A
Published: November 2023

According to section 1 of the Wills Act 1963 a will is formally valid if, inter alia, it is made in accordance with the law of the deceased’s nationality. Which is the applicable law where the testator had two nationalities?

The only English discussion of the problem seems to be provided by Cheshire and North according to whom it is permissible ‘to select either the nationality of the country in which the propositus is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected’. The learned authors also suggest that such a solution ‘seems to be consonant with the principles of English law and with the spirit of the 1963 Act’.
Rumasa in America
Authors: Mann F A
Published: November 2023

For the reasons suggested at (1986) 102 LQR 191 and (1987) 103 LQR 26 the decision of the House of Lords in the Rumasa case, ( I 986] AC 368 is so singular that it will be of interest to British readers to learn how consequential litigation in the United States of America has fared.
Spycatcher in the High Court of Australia
Authors: Mann F A
Published: November 2023

The decision of the High Court of Australia (Mason CJ, Wilson, Brennan, Deane, Dawson, Toohey, and Gaudron JJ) in Her Majesty’s Attorney-General in and for the United Kingdom v. Heinemann Publishers Australia Pty Ltd. and Wright (1988) 78 Australian LR 449, the Spycatcher case, might be expected to provoke no more than resigned surrender. Yet it must be suggested with great respect that as a matter of law the decision rests on grievously frail foundations and as a matter of legal policy is a disaster.
The Public International Law of Restrictive Practices in the European Court of Justice
Authors: Mann F A
Published: November 2023

The decision of the European Court of Justice in the case of the American, Canadian, and Finnish producers of Wood Pulp is likely to cause utmost dismay both to lawyers and traders. In short the Court has held that an export cartel created outside the EEC exposes the participants to fines if they sell to customers in the EEC on terms laid down by their cartel.
The Foreign Act of State
Authors: Mann F A
Published: November 2023

Althouh the doctrine of the sacrosanctity of the foreign Act of State is sometimes thought to have its origin in England, this is clearly not so. Blad v. Banfield (1674) 3 Swan. 603 cannot be described as establishing any legal principle and Duke of Brunswick v. King of Hanover (1848) 2 HL Cas. 1 was a case of personal immunity. In truth the doctrine originates in the United States, as Luther v. Sagar & Co. [1921] I KB 532 makes abundantly clear. And it was in the United States that the doctrine began to expand in a wholly unprincipled fashion. Thus it was said that it required courts to refrain from decision, when the legislative and executive branches of government were better equipped to resolve politically sensitive questions or when the action involved an attack upon or criticism of the motivation of a foreign State’s conduct. In Buttes Gas and Oil Co. v. Hammer [1982] AC 888, that singular case in which an Appellate Commit¬ tee of the House of Lords granted leave to appeal six years after another Appellate Committee had refused it, Lord Wilberforce was influenced by American cases which had expressed views based on such an extension of the so-called principle; in fact he cited them in support of the striking out of a claim for damages for conspiracy between the plaintiffs and the Ruler of Sharjah.
‘Civil or Commercial Matters’
Authors: Mann F A
Published: November 2023

Those readers who are interested in the decision of the House of Lords in Re State of Norway’s Application [1989] 2 WLR 458 may remember that, as mentioned in comments which under the above heading appeared in these pages, there exists at The Hague an institution called the Special Commission which reviews the operation of The Hague conventions on the service abroad of judicial and extrajudicial documents, and on the taking of evidence abroad ‘in civil or commercial matters’. That Commission met in April 1989. Its report (published in International Legal Materials, 1989, at 1558 et seq.) includes the following passage (at 1568):
The Legal Status of BerlinConsidered by the European Commission of Human Rights
Authors: Mann F A
Published: November 2023

The shooting range which the British Army built in the British Sector of Berlin and which occupied the English courts on several occasions recently gave rise to a decision of the European Commission of Human Rights. The application was directed against both the United Kingdom and the Federal Republic of Germany, but failed on different grounds.
International Organizations as National Corporations
Authors: Mann F A
Published: November 2023

In so far as English law and justice and its international reputation and authority are concerned the result reached by Lord Bridge of Harwich, Lord Templeman, Lord Griffiths, and Lord Ackner (Lord Lowry dissenting) in Arab Monetary Fund v. Hashim (No.3) [1991] 2 WLR 729 can only be welcomed with a sigh of relief, and is as commendable as the decision in the International Tin Council case, [1990] 2 AC 418 was disastrous and injurious. It would have been paradoxical if an international organization such as the Arab Monetary Fund was allowed to trade in London, but precluded from instituting proceedings against an (allegedly) fraudulent Director-General, as paradoxical as it was for the House of Lords to hold that twenty-three member States could allow their insolvent international organization to trade in England, yet escape all liability.
Parliamentary Scrutiny of Human Rights: A Duty Neglected?
Authors: Kinley* David
Published: November 2023

This Chapter is divided into two parts: the first part concentrates on the reasons why there ought to be established an effective system of parliamentary scrutiny of legislation for human rights compliance in countries such as Australia, and the second is based upon an analysis of the mechanics of how such a scheme might be instituted.
Who Gets What? Principles of Bequeathing
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine
Published: November 2023

In this chapter we put together the ‘who’ and the ‘what’ in wills, to explore further the principles at work when people make their bequeathing choices at first line. We also look at conditions which are placed upon bequests in certain wills. In exploring the principles of bequeathing by these means, we are keenly aware that we should be cautious about attributing particular types of motivation to will makers. Working simply from wills, one has only limited access to the reasons why testators might have made particular bequeathing decisions. We do believe however, as we argued in chapter 1, that the patterns observed across the whole data set can be used to under stand what outcomes testators in general hope to produce through the formal legal mechanisms available to them. It is in this sense that we explore the ‘principles’ of bequeathing in this chapter.
Introduction
Authors: Rock Paul
Published: November 2023

This book is the result of taking just such a step. It examines the beginnings of one of the seven court-based demonstration projects to support victims and prosecution witnesses that were sponsored by the national association whose history had been traced in Helping Victims of Crime. It effectively starts in 1986, where Helping Victims of Crime ended. But it is more than a history of a victim-witness assistance scheme. The Court itself loomed even larger, more interesting, and more important as I followed Victim Support into Wood Green and tried to observe what befell witnesses. It became clear that the experiences of witnesses and the fate of their scheme could not be severed from the organization in which they were set. Witnesses are socially constructed, and the institution which shapes them is surprisingly obscure. It merits such sustained attention that the balance of the book has been changed to accommodate it.
The Project
Authors: Rock Paul
Published: November 2023

In this last chapter, I shall describe the first four months, the opening phases, of the victim-witness project in the Crown Court in Wood Green. I have already laid the ground work of much of what is to come. The social organization of the Court and the embedded rationality of Victim Support were to become fused with the imperatives and presumptions of the Victim in Court Project to engender what appears in retrospect to have been a reasonably clear pattern of development.
The Birth of the Cyprus Republic
Authors: Necatigil Zaim M
Published: November 2023

Cyprus is the third largest island in the Mediterranean with an area of 3,572 square miles, lying 42 miles south of Turkey, 77 miles west of Syria, 300 miles north of the Arab Republic of Egypt, and approximately 600 miles south-east of the Greek mainland. Its area is about the size of Lebanon or of the English counties of Norfolk and Suffolk combined. Because of its strategic position on the main routes between Europe and Asia, Cyprus has long been the focus of political conflict and cultural interaction. It has been invaded, bought and sold, and transferred from one ruler to another without the inhabitants ever being consulted. The island has, however, benefitted as a centre for trade and commerce. Among occupying forces can be listed the Assyrians (707-650), Egyptians (570-546), Persians (546-333), Ptolemies (320s-58), Romans (58Bc-330AD), and Venetians (1489-1571).
The Intercommunal Negotiations
Authors: Necatigil Zaim M
Published: November 2023

A federation is born when a number of usually separate or sovereign political units, or units with some pretensions of sovereignty, mutually agree to merge together to create a state with a single sovereign central government while retaining for themselves some degree of guaranteed sovereignty. The forces that make the outward form of federalism necessary are a compromise between centripetal and centrifugal forces that are operative at the same time. A federation is formed when the political units in a region possess some very strong factors of individual identities which create in them a genuine desire to maintain a separate existence, while at the same time there are certain factors of vital importance shared by the units which create a common desire for a strong coordinated and united existence.
Self-determination
Authors: Necatigil Zaim M
Published: November 2023

One of the purposes of the UN Charter as expressed in article 1(2) thereof is ‘to develop friendly relations among nations based on respect for the principle of equal rights and self determination of peoples, and to take other appropriate measures to strengthen universal peace’. In article 55 of the Charter, reference is again made to ‘self-determination’ to express the general aims of the United Nations in the fields of social and economic development and respect for human rights. By elaborating these rather cryptic references, the General Assembly has attempted in a very large number of resolutions to define more precisely the content of the principle.
The Last Phases of the lntercommunal Negotiating Process
Authors: Necatigil Zaim M
Published: November 2023

On 24 August 1988 the leaders of the two Cypriot communities, Mr Vassiliou and Mr Denktash, met in Geneva at the Palais des Nations, European headquarters of the United Nations, under the auspices of the UN Secretary-General. In a statement after the meeting the Secretary-General outlined the common agreement of the two sides to resume the inter communal talks in Nicosia on 15 September. The two sides also affirmed their commitment to the high-level agreements of 1977 and 1979 and referred to the ‘opening statement’ of the Secretary-General of 1980, the ‘evaluation document’ of 1981 and the 1984 Vienna ‘working points’. They declared their readiness to find a solution through negotiation and undertook to co-operate with the Secretary-General in his mission of good offices. They acknowledged that this would require a determined and sustained effort by both sides, as well as the creation of an atmosphere of mutual confidence.
The System of Government
Authors: Zysblat Allen
Published: November 2023

To understand the central features and sources of public law in Israel, it is necessary to go back some seventy-five years in Israel’s history, to the time when General Allenby led his troops through Jerusalem’s Jaffa Gate-thus beginning some thirty years of British rule over Palestine.
Basic Law: Freedom of Occupation
Authors: Zamir Itzhak , Allen Zysbla T
Published: November 2023

Fundamental human rights in Israel are founded upon recognition of the value of the human being, the sanctity of human life, and the principle that all persons are free; these rights shall be upheld in the spirit of the principles set forth in the Declaration of the Establishment of the State of Israel.1
The Likud Party in the Petach Tikvah Municipality v.The Petach Tikvah City Council and another
Authors: Zamir Itzhak , Allen Zysbla T
Published: November 2023

Mr Muhtar also serves as a member of the Management Committee, which has fourteen members. The demand of the Likud fac­tion that one of its members be appointed as chairman of the review committee was rejected by the Council. In its petition before us, the Likud faction in the Council, represented here by its chairman, is requesting that we suspend the appointment of Mr Muhtar as chairman of the Review Committee and that we make an order for the appointment of a member of the Likud opposition as chairman of the Review Committee. The request is opposed by the Council and by Mr Muhtar.
Administrative Tribunals Law, 1992
Authors: Zamir Itzhak , Allen Zysbla T
Published: November 2023

The provisions of this Law shall apply to any tribunal enumer­ated in the Schedule and also to any other judicial body in respect of which any statutory provision prescribes that the provisions of this Law shall apply to it.
Minister of Transport and others
Authors: Olshan P , Agranat DP , Goitein J , Sussman J , Berinson J
Published: November 2023

The petitioning company has been engaged for over fifty years in import­ing machines and for over thirty years in importing motor vehicles; it rep­resents in Israel, inter alia, the well-known Swedish firm of diesel truck manufacturers, ‘Scania Vabis’. In 1957 ‘Scania Vabis’ made a proposal to the Israel authorities to set up a plant here for assembling its trucks and to send all the necessary parts that could not be produced locally. These diesel trucks are very popular in the local market, and figures submitted by the petitioner show that one third of the trucks imported into this country in 1959 were produced by Scania Vabis. The petitioner did not demand exclusive rights to sell its trucks in Israel, but only a promise of a minimum sale of 200 trucks per annum.
Scitex Corp. Ltd and others V.The Minister of Trade and Industry
Authors: Sussman DP , Berinson J , Manny J
Published: November 2023

The petitioners in this case are manufacturing/exporting companies who seek to have the respondent [the Minister of Trade and Industry] honour his undertaking to them regarding special aid promised for their 1974 exports. The availability of such one-time aid to exporting industries was publicized in Circular 8/74, published by the Foreign Trade Section of the Ministry of Trade and Industry on 10 September 1974.... Such aid was promised only to manufacturers in the fields specifically mentioned in the circular and only where exports totalled more than 50 per cent of their 1973 sales. Such an enterprise was termed ‘an eligible enterprise’ [and promised a grant of 25 agorot for each dollar of 1974 exports, up to that enterprise’s 1973 exporting tota.
Standing and Justiciability SHIMON SHETREET*
Authors: Zamir Itzhak , Allen Zysbla T
Published: November 2023

The judgment in the Ressler case,1 delivered nearly ten years ago, was a turning point in the development of judicial review of the Administration as regards questions of standing and justiciability. The judgment also complements developments concerning the plea of unreasonableness, an area which has broadened considerably in recent years.
Izat Muhamed Mustafa Dwaikat and others v.The State of Israel · and others (the ‘Elon Moreh Case’)
Authors: Landau Dp , Witkon J , Asher J , Ben-Porat J , Bechor J
Published: November 2023

This is a petition regarding the legality of the establishment of a civilian settlement at Elon Moreh, situated on land approaching the city of Nablus.

The sharpness of this dispute continues to be of concern internationally; what is more, it has intensified its hold on domestic Israeli politics, and is presently reflected in the decision to establish a civilian settlement at Elon.
Jamayat Askan Ala’almun Althaunia Alnahduda Almasaulia etc.V.Commander of IDF Forces in the Judea and Samaria Region and another
Authors: Barak J , Cohen Y J , A vnor J
Published: November 2023

In each of these two matters, both the ‘military’ need and the ‘civilian’ need, the principal point of departure is that the Military Commander does not inherit the rights and status of the defeated government. He is not the sovereign in the occupied territory (L. Oppenheim, ‘The Legal Relations Between the Occupying Power and the Inhabitants’ (1917) 33 LQR 363).
Asser Al Aziz Abd Al Azis Abd Al Afu and others v. Commander of IDF Forces in the Judea and Samaria Region
Authors: Shamgar P , Ben-Porat DP , Levin S J , Bach J , Goldberg J
Published: November 2023

The opinions expressed therein are acceptable to me on the issue before us and I see no reason to add to what has already been said by this Court. As may be recalled, the statements of Landau P in Kawasma [3] complement those of Sussman J in Abu Awad [2], so far as they concern certain legal aspects of the provisions of the 1952 Jordanian constitution, whereas the decision in Nazal [5] touches on additional alternate objections, which were raised regarding the abovementioned legal question.
Introduction
Authors: Craven Matthew C R
Published: November 2023

The International Covenant on Economic, Social, and Cultural Rights (ICESCR) entered into force on 3 January 1976, following the deposit of the 35th instrument of ratification. Together with the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration on Human Rights (UDHR) it forms part of the ‘International Bill of Rights’ which was intended to form the basis of freedom, justice, and world peace following the Second World War. Despite the ambition of the United Nations to secure the foundations of the new world order upon a respect for human rights, it took nearly twenty years to finalize the text of the Covenant. A further decade lapsed before the Covenant entered into force and yet another before the Covenant was provided with a supervisory body that was worthy of the name.
The System of Supervision
Authors: Craven Matthew C R
Published: November 2023

As Sieghart pointed out, the concept of a human rights treaty is something of an anomaly.In accordance with the horizontal nature of international law2 the large majority of treaties contain reciprocal obligations under which compliance by one State party is a condition for another State party to be bound by the terms of the treaty in their relations inter se. Human rights treaties, however, are not premised upon the mutuality of State obligations; rather, they are intended to create a legal order in which States make binding unilateral commitments to protect the basic rights of all individuals within their jurisdiction. As was noted by the European Court of Human Rights, the European Convention (as a human rights treaty):
The Right to Work
Authors: Craven Matthew C R
Published: November 2023

Despite the statistical existence of unemployment in every country in the world, work continues to be ‘an essential part of the human condition’. For many, it represents the primary source of income upon which their physical survival depends. Not only is it crucial to the enjoyment of ‘survival rights’ such as food, clothing, or housing,2 it affects the level of satisfaction of many other human rights such as the rights to education, culture, and health. Article 6, however, is not so much concerned with what is provided by work (in terms of remuneration), or the conditions of work, but rather with the value of employment itself. It thus gives recognition to the idea that work is an element integral to the maintainance of the dignity and self-respect of the individual.
Conclusions
Authors: Craven Matthew C R
Published: November 2023

It is something of a paradox that the Covenant on Economic, Social, and Cultural Rights, which was intended to form part of the new world order following the Second World War, is now, forty-nine years later, only in the early stages of its development. An unduly lengthy and complex drafting process followed by a slow process of ratification meant that the Covenant only entered into force in 1976. It suffered a false start with the abortive supervision system operated by the working group, such that its development as an effective human rights treaty essentially started in 1987 with the creation of the Committee on Economic, Social, and Cultural Rights.
International Administrative Tribunals and their Structure and Operation
Authors: Amerasinghe C F
Published: November 2023

As has been seen, since there is an admitted need to provide special judicial machinery for the settlement of disputes arising within the internal legal system of international organizations between staff members on the one hand and the administration or management on the other, most international organizations have either set up their own, or accepted the jurisdiction of other, international administrative tribunals to settle such disputes. The first such tribunal to be established was that of the League of Nations and the history of its establishment shows how the idea finally evolved.
Mapping the Frontiers
Authors: Cane Peter
Published: November 2023

First, we must note an ambiguity in the title of this part arising from the fact that the term “judicial review” has two different meanings relevant to the present discussion. In one sense, “judicial review” refers to the power to supervise the activities of administrative and inferior judicial bodies to ensure compliance with rules and principles of public law. We might translate this sense of the limits of “judicial review” into the limits of “public law”. This translation is somewhat misleading because public law issues can and do arise outside the area of judicial review in the context, for example, of actions in contract and tort against governmental bodies, or of applications for the discovery of documents in litigation. I will not deal with such issues in this essay. The translation is also misleading because, of course, issues of public law can arise in appeals from decisions of bodies whose activities are subject to public law rules and principles. This is a matter I will advert to below. Despite these shortcomings, however, the translation does have the advantage of indicating that in my view, the limits of public law are related to the boundary between the public and the private spheres of social life.