bluuebunny/crossref_metadata_2025 huggingface dataset:
Piety And Benevolence
Authors: Gatrell V A C
Published: October 2023

It Is Tempting To Yield To The Notion That Evangelical philanthropists were those most qualified to intrude a feeling of benevolence into the long debates on punishment. In narratives of ‘humanitarian’ change they have always got a better press than radicals. ‘.Almost uniformly . . . on the side of right,’ J. S. Mill said of them: the ‘vast gain, not only to humanity, but to the ends of penal justice, we owe to the philanthropists’. The titles of their biographies put them on the angels’ side too: Buxton the liberator, Fry the Quaker heroine or Lady of the prison, Clarkson the friend of slaves, Wilberforce the slaves’ champion, and so on. Such people were also vociferous in their own claims to represent opinion’s progress and reform’s advance. With their mounting attacks on plebeian and aristocratic vice, the slave trade, the treatment of the insane, and the inadequacies of popular education, the evangeli cal monopoly on virtue expanded enormously after 1790. So did their purchase on the nation’s upper ten thousand. There were great differ ences between moderates and extremists; but by the 1820s evangelical doctrines are said to provide ‘the most vivid insight into the “official mind” of the period’, not to mention into the reflexive piety of many thousands of middle and middling people. We know that they did much to mediate the long movement away from the stinking gaols of Howard’s era towards the intended cleanliness and efficiencies of the penitentiary.
Fabricating Opinion
Authors: Gatrell V A C
Published: October 2023

In February 1825 The Examiner Gave Its Usual Couple Of inches to the latest sentences at the Old Bailey. The paper found it less extraordinary that thirty men and women had been condemned to death than that the recorder of London had exhorted them ‘to prepare for that awful fate to which a jury of their countrymen, influenced by no other motives but those of a just regard for the laws of God and civi lized society, had doomed them’. Whereat the paper exploded: ‘The laws of God!-where, Mr Recorder, do you find the punishment of death is ordered in the Bible for theft and such offences? We had thought that the sacred law runs thus: “Whosoever sheddeth man’s blood, by man shall his blood be shed.” ‘ Although the paper then passed on smoothly to other matters, what impresses us here is that it was now able to affect a reflexive contempt for the capital law and its agents which was unthinkable a couple of decades before. What had also changed is indicated in its appropriation of a biblical reference to endorse the contempt. A couple of decades earlier those who deplored the capital code would have claimed the high moral ground by appeal ing to efficiency and reason. Now most would claim it through the lan guage of piety. A dozen and more years of evangelical agitation had shifted the terms of debate substantially.
The General Merchant
Authors: Grassby Richard
Published: October 2023

When Dudley returned to London from Turkey he expanded the range and depth of his international trade and branched out into manufacturing and shipping. He continued to direct his business in the Levant from London through agents, such as Peter Deleau, John Darley, and Jacob Bouverie, who bought his ritomo cargoes, usually specializing in particular commodities, and performed for him the services which his old ragione had provided for its principals. After 1680, Montague took over the ragione in Constantinople and Dudley ceased to be an active partner. Judged by the struggle to balance the accounts, management of the business deteriorated. A consignment was shipped to Messina, ‘never minding how it got to England ‘ and the partners could not determine who in England had bought the return cargo.
Pre-Conquest Conditions Compared With Those On The Continent: A Sketch
Authors: Clarke Peter A
Published: October 2023

A Comparison of English conditions with those on the Continent could be extremely important in further illuminating conditions on either side of the Channel, but it is beyond the scope of this book to do more than indicate below some of the major areas of comparison. The nobility of England at the end of the Anglo-Saxon period seems to be similar in a number of ways to that of Germany at the end of the Millennium. It has been pointed out, for example, that whilst from the eleventh century it is possible to trace the descent of well-defined families of German nobles, before that time the nobility ‘had been composed of large groups, linked by descent ... but very loosely organized’. The difficulty of tracing family trees for even the wealthiest of the pre-Conquest landholders suggests that the English nobility may have formed a similar, somewhat ill-defined group as existed in Germany at a slightly earlier period. One of the methods used to build up family trees in Germany has been by studying the names of people remembered in the prayers of monks which were recorded in liber memoriales. The repetition of sequences of particular names, or of elements within these names, is taken to indicate that the groups represent particular kindreds. This suggests the possibility that in England too, personal nomenclature may provide a means of tracing family relationships.
The Pursuit of Victory in the First World War and the Aftermath
Authors: Bond Brian
Published: October 2023

It has long been unfashionable to write about the First World War in terms of victory and defeat. Military historians know there was a decisive outcome on the Western Front in 1918, and most have given credit to the Allied armies, and notably the British and Dominion forces, for the remarkably successful offensive operations which resulted in the armistice on 11 November.1 But for general students of the war winning and losing have been overshadowed by other considerations. Would the governments which so readily went to war in 1914 have done so had they been able to foresee its duration and terrible costs? Why was the conflict not ended sooner by a negotiated ‘peace without victory’? How did the comparatively modest, or at least specific, war aims of 1914 become the unlimited and vague ambitions of 1918? Above all, why did the peace settlements prove to be so brittle and ephemeral, making a mockery of the rhetoric of a ‘world safe for democracy’ and of ‘a war to end all wars’? It has consequently been difficult, even for military historians, to regard this conflict in Clausewitzian terms, that is as an instrument of policy used to secure specific objectives under political control and direction. On the contrary, its clumsy direction, appalling nature, confused ending, and short-lived results have made it a byword for incompetence and futility. While it will probably be impossible to over throw these widely held opinions, based as they are on hindsight, moral revulsion, and an assumption that things could have been done differently, the view advanced here is that the conflict was about important issues, that it was eventually ended by military means, and that, despite all the disappointments, victory was much preferable to defeat.
Conclusion
Authors: Vale Malcolm
Published: October 2023

This book has attempted to examine the princely courts of north-west Europe during the later thirteenth and fourteenth centuries from a number of standpoints—political, economic, social, religious, artistic, and more broadly ‘cultural’. As such, it inevitably runs a number of risks. Primarily there is the likelihood of encountering criticism from specialists within each of those fields of enquiry.
Repetitions of Motif and Image and their Possible Implications
Authors: Gameson Richard
Published: October 2023

The art of the late Anglo-Saxon period (like that of any other era) was a fascinating mixture of novel elements and familiar ones, of variations and repetitions. Inevitably more attention has been devoted to the novelties and variations than to the traditions and repetitions. However, a just appreciation of the material, and, in particular, of the way it functioned, requires that it be considered as a whole, with as much attention being paid to the value and role of repetitions as to that of the innovations and variations. Certain decorative motifs appear to have been relatively ubiquitous, being repeated not only in individual media, but also from one medium to another, and this is precisely what we would expect. Because the phenomenon is commonplace and apparently inevitable, it tends to be taken for granted and almost disregarded; yet it remains an issue worth exploring; Why do closely similar ornamental designs appear time and time again, often in different contexts, and what does this tell us? The fact that certain figural subjects were particularly common, recurring in multiple versions at a given centre, and sometimes even on a single object, is equally worthy of our attention. Why was this the case? What was the relationship of the various depictions to each other? How did the multiplicity of images affect the viewer ‘s perception of them individually and collectively? Although some of the issues involved in the case of decorative motifs are also applicable to that of figural imagery, others are not.
Pictorial Narrative
Authors: Gameson Richard
Published: October 2023

A seminal work published in the early 1960s focused attention on the twelfth century as a formative period in the development of pictorial narrative in England. The author, Otto Pacht raised the profile of narrative depiction {according to his definition) and offered numerous insights into the field as a whole, while in particular he explored and placed in perspective the work of the Master of the St Albans Psalter. This emphasis shed invaluable light on English manuscript art of the twelfth century and on the work of an outstanding individual. However, its side-effect was to minimize the importance of other modes of pictorial narrative and to divert attention from the role of pictorial narrative in earlier English art. Pächt was principally concerned with cycles rather than individual images; the themes on which he concentrated were the ways in which artists incorporated the element of time into their images and the influence of liturgical drama on art; and he was dismissive of alternative approaches and other issues. But the alternatives are equally deserving of attention. Some of the forms of narrative art essayed by late Anglo-Saxon artists were less sophisticated than those of the St Albans Psalter. They were essentially inherited rather than newly developed and they were not refined in response to contemporary liturgical drama, but they were nevertheless an important part of their visual language.
Composition
Authors: Gameson Richard
Published: October 2023

In this chapter we shall examine the nature of Anglo-Saxon pictorial composition. We will consider its forms, the various reasons for them, and what they could be used to convey. When laying out a figural composition on the page of a book, one of two ‘planes ‘ can be followed as the dominant axis for design. The first is the flat surface of the page itself. The second is the illusionistic ‘field ‘ of pictorial space. This may be considered as starting at a right angle to the surface of the page, and continuing into and beyond it. It is clear that the decorators of late Anglo-Saxon books thought principally in terms of the former plane. It was the business of free-standing sculpture and metalwork, not book decoration, to operate in three-dimensional space. The Anglo-Saxon illuminator liked to organize a composition across the surface of the page rather than into it, and he preferred to emphasize the surface pattern of a design rather than its recessional qualities. The distinctive characteristics of late Anglo-Saxon manuscript art-the foliate frame, coloured line drawing, and agitated draperies-all adorn the surface of the page; and by affirming rather than disguising its presence, they pin the individual figures and the com position as a whole firmly to it.
The Individual in Medieval Historiography
Authors: Bagge Sverre
Published: October 2023

This chapter deals with individualism and the state in medieval historiography. My main interest is not the question of the rights of the individual versus those of the community but, rather, the more general problem of individual behaviour, the norms governing it, and its relationship to society or ‘the state’. I shall distinguish between two senses of individualism: firstly, the role of individuals compared to collective groups, impersonal structures, and so forth in political decision-making, and, second, the uniqueness of the individual.
‘Liberty is an Inestimable Thing’: Some Unexpected ‘Laboratories’ of Human Rights in France and Germany
Authors: Schmale Wolfgang
Published: October 2023

This quotation is to be found in the Tractatus de feudis of Pierre de Belleperche (Petrus de Bellapertica, c.1250-1308), which was written at the end of the thirteenth century. The last sentence is surely curious because Belleperche seems to argue in favour of liberty at a moment when feudalism was still in full vigour, but the reason I have drawn attention to this paragraph is its first sentence, ‘Liberty is an inestimable thing’ (libertas res est inaestimabilis). Belleperche found this sentence in Roman Law (D. 50. 17. 106). The sentence is attributed to the Roman lawyer Paulus and it is preserved only in this absolute dictio, without any comment. The title of D. 50. 17 is De diversis regulis iuris antiquis (‘On Various Ancient Rules of Law’), and, in practice, the sentence was later used as a regula iuris. This regula was known and employed by feudalists in France and Germany during the ancien regime to reduce, or even abolish, remaining feudal dues
The change of religion
Authors: Macculloch Diarmaid
Published: October 2023

Christianity’s twenty-first-century profile in the four nations of the British Isles is a result of seventeenth-century upheavals: in particular the civil wars between 1640 and 1660. The picture has been blurred by the arrival and naturalisation of many other world faiths, by modern Christian ecumenism, and by general decline in institutional religion, but the fourfold character can still be recognized. English religious life is divided between a majority church priding itself on having evolved a distinctive ‘Anglican’ synthesis of historic Catholicism with Protestant reform, and a Protestant Nonconformity which has developed in reaction to this synthesis: still on the outside is Roman Catholicism, despite its numerical strength. Ireland presents majority Celtic Roman Catholicism and minority Anglo/Scottish Protestant ism: Wales equally sharply confronts Celtic Protestant Nonconform ity with English-oriented Anglicanism, while Scotland is dominated by an established church with a self-consciously Presbyterian and Calvinist tradition.
The Renaissance in Britain
Authors: Walker Greg
Published: October 2023

Thus Sir Philip Sidney (1554-86), the archetypal Renaissance man, excoriated contemporary dramatists in his Apology for Poetry (pub lished posthumously in 1595). What annoyed Sidney most was the playwrights’ lack of decorum, their failure consistently to apply clas sical precepts, resulting in a hybrid product, neither one thing nor another. In fact this charge might be levelled at most of the artistic disciplines in Britain in the sixteenth century. Yet it was this very ‘mongrel’ failure to conform to pure generic categories which was to produce most of what is now seen as characteristic of the Renaissance in Britain.

The Renaissance, in reality not one movement but a number of related pan-European phenomena, was largely initiated by Italian humanists in the fourteenth century. Humanism, a term derived in the nineteenth century from the studia humanitas, was essentially an academic reform movement dedicated to the rediscovery of Greek and Roman literature and culture in their original languages and forms, and the cultivation of classical style as the informing principle
Britain, Europe, and the world
Authors: Adams Simon
Published: October 2023

There are few greater myths in British history than ‘our island story’, not least because ‘Britain’ is not an island, but an archipelago. In 1603 the union of the crowns between England and Scotland combined with the successful imposition of effective English military control throughout Ireland created for the first time-on a governmental level at least-a single relationship with the outside world. Before 1603 the position was far more complex. In 1500 England’s relations both within and without the British Isles were still defined by what were essentially feudal relationships of considerable antiquity. The most important of these was the English crown’s substantial if fluc tuating interests in France. In 1340 Edward III had laid claim to the crown of France itself, a claim revived by Henry V in 1420 and not abandoned by his successors until 1801. It was to prevent an English succession that the ‘Salic Law’, which barred claims to the French crown by the female line, had been invented. In 1453 the French possessions had been reduced to the Pale of Calais and the Channel Islands, but the pretensions remained, even if Edward IV and Henry VII were prepared to barter them for a pension, whose symbolic value as tribute was more important than regularity of payment.
The Vietnam Wars, 1945-1975
Authors: Hanhimäki Jussi , Westad Odd Arne
Published: October 2023

The war in Vietnam was the most divisive conflict of the Cold War for most Americans. It brought home to ordinary people-who had not worried much about foreign affairs the sacrifices which the global role of the United States could demand of them. The division between supporters and opponents of the war was fierce, and the historians are still struggling to disentangle themselves from political partisanship. By 1954 the French government was unwilling to continue an unpopular war and offered the Viet Minh a ceasefire that would split Vietnam in two halves for a limited period leading up to national elections. Under strong pressure from China and the Soviet Union, Ho Chi Minh agreed to most of the French conditions during· a conference at Geneva. The United States, however, was sceptical towards the Geneva agreements, and started supporting the building of an independent non-Communist regime in South Vietnam.
The Rise of Détente
Authors: Hanhimäki Jussi , Westad Odd Arne
Published: October 2023

In the late 1960s the Cold War seemed to give way to a new era of high-level negotiations, arms-control agreements, and superpower summitry. Such events as the SAIT I agreement of 1972 and the Nixon-Brezhnev summits of 1972—4 highlighted the way in which Soviet-American relations, while not amicable, had at least moved towards a new level of civility. As the United States simultaneously moved to finally break away from its earlier non-recognition policy vis- á vis the People’s Republic of China-while the Soviets and the Chinese exchanged blows on their border in 1969—the view of the Cold War as a bipolar confrontation had, it seemed, become a thing of the past. In Europe, the German question moved towards stabilization wi.th the advent of inter-German relations, a Four Power agreement on the status of Berlin, and a series of bilateral treaties between the Federal Republic of Germany on the one hand, and the USSR, Poland, and other Soviet bloc countries on the other. In the early 1970s, moreover, the talks that eventually led to the Conference on Security and Co-operation in Europe and the signing of the Helsinki Final Act in 1975 were additional signals of the beginning of a new era in East-West relations. (For more documentation on the European developments see Chapter 10.)
The End of the Cold War
Authors: Hanhimäki Jussi , Westad Odd Arne
Published: October 2023

The new challenges that both superpowers faced in the 1980s pointed in the direction of fundamental changes in international relations. By the late 1980s the Eastern Bloc economies were in crisis, and perestroika in the Soviet Union began to stall as increasing numbers of Soviet citizens lost faith in Gorbachev’s ability to renew the system from within. And although the challenges to the West were of a less essential nature-primarily created by the crass ideological confrontations surrounding Reagan’s and Thatcher’s domestic neo-conservatism and, in the economy, by the massive American trade and budget deficits-they still made many people ask questions about the stability of the Cold War international system.
War Ended, Peace Launched, 1813-1814
Authors: Schroeder Paul w.
Published: October 2023

Part of the conventional wisdom about the final coalition, that it succeeded because the allies, despite many disagreements, remained united, and that Napoleon’s intransigence and Castlereagh’s leadership were vital factors in keeping them so, is true. Another part of the conventional view, however, is wrong: that the coalition preserved its unity by putting military victory ahead of the individual interests and divergent aims of its members. First of all, this did not happen. Military victory was never the primary goal for the coalition as a whole, even in the final stages of the war. The allies, though they sometimes differed sharply over terms, always sought a negotiated peace in one form or another and agreed that the war should be ended as soon as the right terms were attained. The reason the war lasted to a military decision, though not total victory, was Napoleon’s persistent refusal to negotiate seriously. As soon as a French government agreed to negotiate, the war was ended, though at the time the French army was still capable of fighting and controlled most of France and vital areas outside it as well. Secondly, when, as happened at particular times, certain allied leaders did try to make military victory the primary goal of the alliance, they did so not to hold the coalition together but to promote special purposes of their own, and invariably in so doing they jeopardized allied unity. Pursuit of military victory as the prime goal tended to tear the final coalition apart, just as it had done to earlier ones.
Greece and the Russo-Turkish War, 1823-1829
Authors: Schroeder Paul w.
Published: October 2023

The years 1823-9 were the most tranquil of the post-war era. Only one major crisis in international politics developed, over Greece and the Eastern question; and though it was always troublesome and sometimes dangerous, things finally turned out better for the international system than most had anticipated. Other international problem areas either remained quiescent or were managed in fairly routine fashion. The relative tranquillity, however, would end abruptly in 1830, in revolutions much wider and more threatening to the international system than those of the early 1820s. Conservatives like Metternich saw a direct link here: governments in opening the floodgates to liberalism and revolt in the Near East had undermined the dikes against revolution in the rest of Europe. Liberals argued just the opposite: the 1830 revolutions were the result of the repressive policies of most governments in the 1820s. In fact, the connection between the stability of the 1820s and the upheavals of the early 1830s was real, but more indirect and subtle than either side recognized.
From Civitas to Commune, 500-1100
Authors: Jones Philip
Published: October 2023

Right from the start in fact, the notion of rinascita, with the whole Renaissance scheme of history, was closely linked in Italy with the revolutions of towns: the revival or survival of civilitas and municipal libertas. Interpretations certainly differed, even conflicted, according to local circumstance and legend. In urban, unlike cultural history, the writers, even Renaissance writers, of various Italian towns, among them Venice and Milan, were inclined, following civic tradition, to see not a dark-age break but sturdy continuity, an uninterrupted if not untroubled descent from antique antecedents: Roman, pre-Roman-or anti-Roman. Elsewhere instead, most notably at Florence and Siena, civic life, liberty, and virtue (virtus) were believed rather to have experienced, in common (if not at the same time) with the whole ancient heritage, a period of depression and decay, beginning according to Leonardo Bruni with the predatory or enervating rule of imperial Rome and coming to an end (for all but the pessimist Machiavelli) with an urban and republican renascence between the time of Charlemagne and the final demise of empire under the late Hohenstaufen.
Introduction
Authors: Blair John
Published: October 2023

This is a study of the Church, and of churches, as forces for change: in ritual and social behaviour, in economic life, and in the organization of landscape and settlement. It is not a book about theology and learning, nor even primarily about conversion. Its concerns are with the externals of Christian culture rather than its spirituality; with churches as social and economic centres rather than as sites of scholarship or the religious life; with the topographical and tangible rather than the intellectual and conceptual. At the same time, it explores the central importance of ritual activity and organized devotion in the Anglo-Saxons’ perceptions of themselves and the world around them, in their senses of identity, and in their ways of articulating the communities in which they lived. Above all it is a book about places, and the various functions in a wider world which stemmed from their religious character.
From Hyrness to Parish: The Formation of Parochial Identities c.850–1100
Authors: Blair John
Published: October 2023

To what extent had the English landscape been organized into local parishes by 1100? Later in the middle ages, a good working definition of a parish would be: ‘a self-contained local ecclesiastical territorial unit which controls pastoral provision to its inhabitants and claims their religious allegiance’. But in a society with two competing tiers of parishes, there will be degrees of self-containedness and allegiance. There will also be big differences of scale, and it is these that most clearly distinguish the new from the old structures. Whereas mother-parishes had been complex federations of sub-districts, served from one centre but stretching across large and diverse territories, the parishes of midland England were often unitary entities with strong internal foci, characteristically containing a single agrarian community, village, or manorial centre. Even in the regions—most obviously East Anglia—where parishes were tenurially and economically more fragmented, their smaller scale still enabled the forging of a sharper parochial identity and firmer discipline. The model of ‘cellularization’ does not explain everything, but it provides a social and land-management context for the new parochial order, just as the world of provincial regiones, itinerant courts, and food-renders had done for the old one.
Europe and the Revolution of 1688
Authors: Stoye John
Published: October 2023

Amid much that is serious in these lectures let me begin convivially. A wonderful—even a stunning—musical party was given in Rome on 2 February 1687. Many guests were there, above all the guest of honour Lord Castlemaine, English ambassador to the Pope. So was a large chorus of singers, with soloists who impersonated the city of London, the River Thames, and other muses. So were a hundred string players led by the great Corelli. So was the hostess, Queen Christina, the senior royal convert to Rome alive, offering her felicitations on this symbolic occasion to the junior, King James of England. The words said that day, as distinct from words sung or recited, were not recorded, but the event itself is a reminder that Christina, James, and a fair number of other princes or members of princely families, Protestant by upbringing, became Catholic during this period. The business of conversion, the strenuous efforts made to shift people from one confession to another, or to resist these efforts, was of course a characteristic element in both the popular and the intellectual culture of Europe after the Protestant Reformation; but changes of this kind in the dynastic network, in the cluster of sovereign families, were of particular importance.
Introduction
Authors: Riddell Roger C , Robinson Mark , Coninck John De , Muir Ann , White Sarah
Published: October 2023

Until recently, the activities of non—governmental organizations (NGOs) in developing countries were widely considered to be peripheral to the mainstream efforts of governments and official aid agencies to resolve the problems of world poverty. Studies at universities and development centres rarely examined the role and impact of NGOs in the development process, and few development journals carried articles about NGOs. The development profession viewed NGO projects as, at best, interesting oddities, but more widespread was the view that they were largely irrelevant to what were considered the more fundamental issues of development.
NGOs and Poverty Alleviation: Some Policy Implications
Authors: Riddell Roger C , Robinson Mark , Coninck John De , Muir Ann , White Sarah
Published: October 2023

The previous chapter highlighted a number of themes and issues which appear to bt: of central importance to project impact and which NGOs, in the North and the South, will increasingly have to address, since the 1990s are likely to be a decade in which the role of NGOs in poverty alleviation is set to increase. The purpose of this chapter is to discuss further a number of these themes,1 grouped under four headings: questions of effectiveness, the scale of NGO interventions, relations between NGOs and governments, and, more specifically, between northern NGOs and official aid donors. The chapter also attempts to draw out policy lessons for the major groups involved in NGO development: NGOs working in the field, grant—making NGOs, host governments, and bilateral and multilateral donors who provide funding to NGO projects and programmes.
Bangladesh
Authors: Riddell Roger C , Robinson Mark , Coninck John De , Muir Ann , White Sarah
Published: October 2023

The increasing favour of non—governmental approaches within the international community has been reflected in mushrooming growth for NGOs in Bangladesh. The variety of organizations and ways in which they are registered means that it is possible only to estimate the figures involved. The NGO coordinating body, ADAB (Association for Development Agencies in Bangladesh), reported in 1990 that it had registered around 550 local—level NGOs engaged in development activities and 316 national and foreign NGOs receiving foreign donations. With many provisos about the hazards involved in making such estimates, this suggests that throughout the country there may be perhaps 2 million NGO group members. Even if this figure is anywhere near accurate, however, the uneven distribution of NGOs around the country needs to be borne in mind. There is a high correlation between accessibility to the major metropolitan centres and concentration of NGO activity; there is also a noticeable association between density of NGOs and communities of Christians, since many of the NGO funding agencies have some form of Church links.
India
Authors: Riddell Roger C , Robinson Mark , Coninck John De , Muir Ann , White Sarah
Published: October 2023

Voluntary agencies in India have a history of involvement in a wide range of social welfare and development work which stretches back to the last century. In this respect they have firmer foundations than their counterparts in most other developing countries. India is also of interest for this study because of its intractable problems of rural poverty and the apparent limitations of government poverty—alleviation programmes.
Introduction
Authors: Vasciannie S C
Published: October 2023

Although land-locked States have historically played little more than amarginal role in the development of the traditional legal rules relatingto the sea and its resources, this situation changed quite dramatically atthe Third United Nations Conference on the Law of the Sea. At thatConference, the land-locked States as a group joined forces with a numberof other States which considered themselves to be geographically disadvantagedand pressed for compromises that would reflect their collectivestrength as a negotiating unit.
Preferential Treatment for Land-Locked and Geographically Disadvantaged States: A Critique
Authors: Vasciannie S C
Published: October 2023

In supporting their claims at the UNCLOS III, the LLGDS relied, to some extent, on arguments which were specific to particular zones of maritime jurisdiction. So, for instance, the claim of the LLS to continental shelf resources was based on the idea that pre-UN CLOS III rules on entitlement in continental shelf law were inherently biased against States without coastal fronts, and therefore, needed to be reformed in the interests of justice. At the same time, however, there was an important underlying trend in the overall LLGDS approach: in general, they favoured the proposition that, as a class of States, they should be entitled to preferential treatment so as to overcome problems which they face as a result of their disadvantaged location.
Land-Locked and Geographically Disadvantaged States and the Question of the Outer Limit of the Continental Shelf
Authors: Vasciannie S C
Published: October 2023

The question of the outer limit of the continental shelf raised some of the most contentious issues for the States participating at the UNCLOS III. This was far more than a technical controversy. Because the outer limit of the continental shelf also signifies the point at which the sea-bed area beyond national jurisdiction begins, the LLGDS and some coastal States found that their interests were fundamentally at variance.

For the LLGDS, the basic goal was to limit, to a minimum, the seaward extent of the continental shelf regime. They hoped that this would increase the scope for benefits which they expected from the area beyond national jurisdiction. The starting-point for several influential coastal States was precisely the opposite: consistent with the view that the continental shelf regime should retain its exclusive character,1 they were determined to extend the ambit of the regime over the widest possible area of sea-bed. Between these extremes, there emerged a range of possibilities at the Conference.
The Treaty Approach to the Question of Access to the Sea for Land-Locked States
Authors: Vasciannie S C
Published: October 2023

The main purpose of this chapter is to examine the role of multilateral treaties in regulating access to the sea for land-locked States and to consider the problems associated with this approach. Since several studies have already been made in this area, it is not proposed to consider the historical aspects of the question in great detail. Instead, the main developments in treaty law up to 1965 will be summarized in Section 2 in order to set the stage for a more comprehensive discussion on the rules that have been incorporated into Part X of the 1982 Convention.
The Destruction of Troy will not Take Place
Authors: Pellet Alain
Published: October 2023

The very idea of law of war can only be envisaged when two conditions are met: the fact-or, in any case, the possibility-of armed conflict (law is called upon to provide a framework to human activities, not fantasies) and the will to limit barbarism (in the absence of which arms alone would be left to speak). It is a matter then of reconciling the cold realism of Creon and the Lament of Antigone. Speaking, then, in abstract and general terms, one can say that the law of war is born of the dialectic of two principles: that of necessity and that of humanity.
Taxation under Belligerent Occupation
Authors: Glahn Gerhard Von
Published: October 2023

The five multilateral conventions comprising the modern international law of belligerent occupation display a fair-sized gap in failing to provide rules in the general subject area of economics, including such topics as central banks, exchange reserves, currency questions, and almost all other aspects of business and financial operations. The silence of conventional law on these topics is doubly surprising: the subject matter in question is, and should be, of great importance both to an occupant and to his enemy, the ousted government; and any of the states that ratified or acceded to the instruments involved should have envisioned the possibility that it could at some time become an occupant or an ousted sovereign and as such might wish that the gaps in the rules had been filled at an earlier date. On the other hand, the major signatories of the treaties in question (1899, 1907, 1949, and 1977) may have seen themselves only as future occupants and as such may have wanted to avoid being restricted, by additional new rules, from acting in the manner in which they expected to behave.
O
Authors: Toth A G
Published: October 2023

Official Authority In Reyners, which involved the interpretation of the concept of official authority in the context of the legal profession, and in subsequent cases, the ECJ stated that since it derogates from the fundamental rules of freedom of establishment and freedom to provide services, Art. 45(1) must be interpreted narrowly, in a manner that limits its scope to what is strictly necessary to achieve the objective for which it was inserted in the Treaty. This objective is to enable Member States to exclude non-nationals from taking up functions involving the exercise of official authority, which functions are connected with one of the activities of self-employed persons provided for in Arts. 43 and 49. This need is fully satisfied, the Court said, when the exclusion of non-nationals is restricted to those activities which, taken on their own, constitute a ‘direct and specific connexion with the exercise of official authority’.
In Those States in Which Ethnic, Religious or Linguistic Minorities Exist’
Authors: Thornberry Patrick
Published: October 2023

As noted above, this phrase was introduced by Chile at the ninth session of the Commission on Human Rights. It reflects the widely held view among ‘countries of immigration’, particularly in the Americas, that the classic ‘minorities question’, as applied mainly to Europe, has no relevance to their contemporary situation. Comments were made in this connection during General Assembly debates on the draft Universal Declaration of Human Rights. Similar views were expressed in the Third Committee of the General Assembly during debates on Article 27 (draft Article 25). Thus, the Representative of Brazil, after describing briefly the history of the minorities treaties and the League of Nations system, stressed the need for careful definition of the term ‘minority’.
‘To Use Their Own Language
Authors: Thornberry Patrick
Published: October 2023

Article 27 is concise on the question of language, and other provisions of the Covenant are not especially helpful on how this aspect of rights is to be implemented. The protection of culture includes that of its linguistic medium, and discussion of culture necessarily includes a discussion of linguistic aspects. A number of points have already been discussed in the present connection. Rights such as those set out in Article 13(3) of the Covenant on Economic, Social, and Cultural Rights laying down that parents are free to choose schools for their children other than those established by the authorities, and the freedom to seek, receive, and impart ideas ‘either orally, in writing or in print .. .’
Inadmissibility For Other Reasons
Authors: Amerasinghe C F
Published: October 2023

The Tribunal has stated, with reference to this provision, that the ‘statutory exhaustion requirement is of the utmost importance. It ensures that the management of the Bank shall be afforded an opportunity to redress any alleged violation by its own action, short of possibly protracted and expensive litigation before this Tribunal. In addition, the pursuit of internal remedies, in particular the findings and recommendations of the Appeals Committee, greatly assists the Tribunal in promptly and fairly disposing of the cases before it. The Appeals Committee permits a full and expeditious development of the parties’ position, including the testimony of witnesses, that often results in the announcement of recommendations that arc satisfactory to both the Bank and to the aggrieved staff member’. (Klaus Berg, Decision No. 51, para. 30)
Appeals Committee
Authors: Amerasinghe C F
Published: October 2023

Irregularity’, 6.iv; Sect. 28, ‘Reorganization’, 2.v, 3.v; Sect. 30, ‘Procedure before Tribunal’, 3 (a) i; Sect. 32, ‘Miscellaneous’, 6.iii.]
Performance
Authors: Amerasinghe C F
Published: October 2023

Moreover, the disagreement between the Applicant and her previous Division Chief related mainly to the evaluation of the Applicant’s performance and her work attitudes. The grading committees did not concern themselves with the actual performance of the Applicant. They concerned themselves exclusively with finding out whether the assignments and tasks carried out by the Applicant in her position met the criteria for grading her position as 24 or 23. (Sebastian (No. 2), Decision No. 57 [1988], para. 32)
Fixed-Term Contracts
Authors: Amerasinghe C F
Published: October 2023

The record shows that the Respondent did promise to convert the Applicant’s appointment into a permanent one but that the fulfillment of that promise was conditional upon the Applicant’s satisfactory performance. By a letter dated December 22, 1986, the Applicant’s supervisor informed the Personnel Management Department (PMD) of the Applicant’s selection as a Cofinancing officer. He stated that:
Salary
Authors: Amerasinghe C F
Published: October 2023

The record shows that the Respondent did promise to convert the Applicant’s appointment into a permanent one but that the fulfillment of that promise was conditional upon the Applicant’s satisfactory performance. By a letter dated December 22, 1986, the Applicant’s supervisor informed the Personnel Management Department (PMD) of the Applicant’s selection as a Cofinancing officer.
Taxation
Authors: Amerasinghe C F
Published: October 2023

Although, as the Tribunal will note shortly, its own jurisdiction is not limited to review of affirmative administrative decisions but can encompass as well certain omissions or failures to act, the reference in Staff Rule 9. 01 to review of an ‘administrative decision’ can obviously give rise to uncertainties on the part of staff members.
Reorganization
Authors: Amerasinghe C F
Published: October 2023

The Applicant contends that he learned of the arrangement made in 1975 only as a result of the Bank-wide job grading program in 1985, and there is no direct evidence to contradict this assertion. He was then in-formed that, as part of this program, his personal grade was being abolished and he would be entitled to retain the salary corresponding to his personal grade level only for a two year grandfathering period. After September 30, 1987 his compensation would be based on a lower salary range.
Judging Fact
Authors: Jackson John , Doran Sean
Published: October 2023

Although countless volumes have been written on judicial reasoning about the, law, less attention has been given to fact-finding in forensic contexts. Some interest was expressed by legal realists in the early part of this century, particularly by Frank who tried to shift the focus of realist attention from ‘rule-skepticism’ to ‘fact-skepticism’.1 From a different perspective, Wigmore’s attempt to develop an interdisciplinary theory of evidence and proof, incorporating the legal, logical, psychological, and scientific aspects of the subject fell largely on deaf ears.2 In more recent years, however, there has been a burgeoning of interest in theoretical aspects of evidence, particularly in the United States where the mistaken attempt in one case to apply probability theory to the evidence led to a lively debate about the uses of probability theory in legal fact-finding.
Conclusion
Authors: Choo Andrew L -T
Published: October 2023

The rule against hearsay can be justified by reference to considerations of intrinsic and extrinsic policy. English law has focused on the former, taking the view that the rule constitutes protection against the admission of unreliable evidence. However, the way in which hearsay doctrine addresses reliability concerns leaves much to be desired. The rule itself (at least if applied properly) excludes too much, automatically barring evidence which most would feel is sufficiently reliable to be left to the jury. Myers and Kearley are cases in point. Some exceptions to the rule, such as the dying declarations exception, treat evidence the reliability of which may well be in doubt as admissible. But whilst admissible hearsay evidence may be excluded in the discretion of the trial judge, there is no discretion to admit inadmissible hearsay. In the law of hearsay, more than in any other major area of criminal evidence, a priori assumptions have prevailed over the individualization of determinations of reliability.
The Desirability of Increased Institutional Monitoring
Authors: Stapledon G P
Published: October 2023

Having analysed the history and current state of institutional monitoring in the UK and Australia, the remainder of the book looks to the future. This chapter seeks to identify the possible benefits and drawbacks from an increased level of institutional monitoring. It concludes that the likely advantages of greater involvement by institutional investors in corporate governance outweigh any disadvantages. Chapter 10 looks at the likeli hood of there being an increased level of institutional monitoring in the absence of legal reforms directed at achieving that end. It concludes that there is unlikely to be any significant increase in institutional monitoring as a result of mere exhortation. Given the findings of Chapters 9 and 10, there are recommendations in Chapter 11 for certain (modest) legislative changes and changes to the stock-exchange listing requirements which are designed to induce closer institutional involvement in corporate governance. An important qualification to the following discussion is that it relates primarily to those quoted companies which lack a non-institutional shareholder with a controlling stake. As shown earlier, as at late 1993, between 40-50% of listed Australian companies had such a shareholder, whilst only about 10-15% of quoted UK companies had one. In ‘controlled companies ‘, mechanisms other than institutional monitoring and the market for corporate control operate to ensure that the interests of any professional managers do not diverge excessively from those of the controlling shareholder.2 Nevertheless, institutional monitoring (together with related-party rules) has an important role to play in controlled companies in ensuring that, in tum, the interests of minority shareholders are not ignored by the controlling shareholder.
Conclusions
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh
Published: October 2023

In this final Chapter we draw some general conclusions from our study. First, we summarize our findings about the different impact the law of defamation has on the various branches of the media, and then draw some conclusions which seem to be equally valid for all branches. Secondly, we offer some observations on the question of the ‘chilling effect’ of this area of law on media freedom, the investigation of which was one of our principal aims in embarking on the research. Lastly, we make a few remarks concerning the significance of our findings for reform of the law of defamation. These are made very tentatively. In the first place, it was not our object to make a case for legislative reform. More importantly the decision to reform libel law should follow an assessment of the appropriate balance between media freedom and the interest individuals have in protecting their reputation; only if the present law does not strike the balance in an appropriate way should it be amended. But our research did not look at the concerns of plaintiffs. It does however highlight the particular respects in which the law creates difficulties for the media, and perhaps puts one or two matters on the law reform agenda.