bluuebunny/crossref_metadata_2025 huggingface dataset:
Risk, Regulation and Investor Protection
Authors: Franks Julian , Mayer Colin
Published: October 2023

This unique and authoritative study of the investment management business focuses on the use of capital requirements for investment managers as a means of investor protection. Commissioned by the Investment Management Regulatory Organization and drawing on extensive discussions with investment managers themselves, it provides an account of this burgeoning sector that is both comprehensive in its coverage and penetrating in its analysis. The authors review the way in which the investment management business is organized and its inherent risks; they examine the causes and incidence of market failures as well as the dangers to investors through mismanagement and malpractice. The book includes an extensive treatment of fraud, with a full listing of fraud cases in the UK since the early 1970s. The report concludes with a summary of the evidence on the nature and scale of the risks faced by investors and recommendations for appropriate forms of protection; and, on the basis of existing regulatory structures in the UK and USA, sets out a proposed structure in accordance with the thrust of the authors' analysis. While specific in its coverage, much of the argument presented here is closely applicable to other financial sectors in which regulation is a crucial issue; and it is especially pertinent to current debates on financial regulation in the run-up to the completion of the European internal market in 1992.
Uganda
Authors: Riddell Roger C , Robinson Mark , Coninck John De , Muir Ann , White Sarah
Published: October 2023

For years, voluntary agency intervention in Uganda has been dominated by relief work: in some parts of the country development work is still difficult, in others it has had to be abandoned or halted as new emergencies have arisen. But with emergencies becoming an almost permanent feature of many parts of Africa in the past decade, the selection of Uganda as one of the countries for a study of NGOs active in poverty alleviation projects is of particular interest, as it shows some of the range of constraints under which NGOs struggling to promote development have to operate. It also discusses other issues of interest to NGO approaches. These include: experimentation with new approaches and techniques; the difficulty of reaching target—groups; and questions about the sustainability of NGO projects. In addition, the case—study highlights the impact of external factors (war conditions, a dilapidated infrastructure, and a retreating state) on a non—governmental movement witnessing rapid expansion. Following a general overview of the role of NGOs in contemporary Uganda, the bulk of this chapter reports the results of four evaluations of projects undertaken in 1990. Each of the projects has a (funding) link with British NGOs, although only two projects have had a direct operational input from a British NGO. The projects were chosen in consultation with Ugandan NGOs, and were not selected at random. In defining a methodology to conduct the evaluations, care was taken to involve partners at the outset and to develop a research programme that would answer the NGOs’ perceived needs, as well as to help answer the more general questions raised in this cross—country investigation of projects.
Comparative Mortality Trends among Older Persons in Developed Countries
Authors: Myers George C
Published: October 2023

The so-called theory of epidemiologic transition provides a basic framework for examining major historical patterns in the decline of mortality to its unprecedentedly low levels in the world ‘s developed countries. The original formulations of the framework (Omran, 1971, 1982), emphasized transition in overall patterns of mortality, through three stages, from high to low infant mortality levels, from communicable to non-communicable diseases, and from the increasing advantage to females over males. Relatively little attention was given explicitly in the original formulations to reductions in mortality among older persons. Beginning in the 1970s, however, demographers became increasingly aware that mortality declines at the older ages were not only possible, but were actually occurring with significant force so as to affect overall mortality and the population ageing process (Myers, 1978; UN, 1982). In subsequent periods, it has often been demonstrated that mortality declines at advanced ages account for the main increases in life expectancy and ageing population structures that are occurring in better developed countries (e.g. Preston et al., 1989; Horiuchi, 1991).
Trends and Differentials in Disability-Free Life Expectancy: Concepts, Methods, and Findings
Authors: Rosine Jean-Marie , Mathers, Colin , Brouard Nicolas
Published: October 2023

In the introduction to the International Classification of Impairments, Disabilities, and Handicaps (ICIDH), the World Health Organization (WHO) has argued that the classical medical model (of aetiology-pathology-manifestation) is incomplete ‘because it stops short of the consequences of disease. It is the latter, particularly, that intrude upon everyday life ... this is especially true for chronic and progressive or irreversible disorders ‘. More generally, WHO has thus proposed the following model: disease-impairment-disability-handicap.
Evaluation of Standard Mortality Projections for the Elderly
Authors: Poppel Frans Van , Beer Joop De
Published: October 2023

Success can have negative repercussions. Until very recently, demographers emphasized time and again that the popular press and some social science literature overplayed the importance of mortality decline as the cause of the increase in the older population. Their efforts to convince the public that the responsibility for the ageing of the population could not be attributed to the increase in life expectancy have been so succesful that, nowadays, common sense tends to neglect the real effects that changes in mortality can have on population ageing (Crimmins, 1986: 193; Caselli and Vallin, 1990: 2).
The Pastoral Continuum
Authors: Spencer Paul
Published: October 2023

Paul Spencer presents the definitive study of the ways of life of the cattle-herding peoples of East Africa, drawing on many years of research. This region has offered a prime example of a traditional culture resisting the inevitability of change; it provides the best-known and most extensive instance both of cattle-pastoralist society and of social organization based primarily on age. Pastoral peoples were once dominant in the East African interior, but development of the market economy has progressively polarized the region and forced them into the most marginal, drought-ridden areas; in this ecological trap they have become a peripheral underclass. The Pastoral Continuum examines the richness and resilience of their cultures and illuminates the role of indigenous practices and institutions in adaptation and survival. The pastoralists’ systems of age organization in particular are notable for their resilience: it is demonstrated that these are bound up with problems of growth and succession in family enterprises, and that marriage is a critical link in the web of alliance that governs the problematic relations between old and young. Spencer’s exploration of the development of the pastoralist phenomenon yields a unique view of its place in the modern world and its prospects for the future. This landmark work by a leading authority will be of lasting value to any reader interested in traditional social systems of this kind.
Polygyny and the Manifestations of Inequality
Authors: Spencer Paul
Published: October 2023

The high value placed on polygyny among East African pastoralists has to be viewed against the extensiveness of this practice throughout Africa, which is reputedly the most polygynous region in the world.1 Correspondingly, many ethnographic accounts are supported by numerical data indicating the distribution and scale of polygyny. This presents the opportunity to probe the data for hidden patterns, noting especially any differences between pastoral and non-pastoral societies.
Further Studies in International Law
Authors: Mann F A
Published: October 2023

F.A. Mann is considered to be one of the finest British lawyers of the twentieth 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. This collection, first published in 1990, brings together seventeen of his essays and continues where the author's previous volume, Studies in International Law (OUP), left off in 1963. Topics covered include investment, arbitration, jurisdiction, and recognition of States.
The Doctrine of International Jurisdiction Revisited After 20 Years
Authors: Mann F A
Published: October 2023

Since a review of the international doctrine of jurisdiction was first attempted 20 years ago its implications in a variety of fields have attracted much attention, mainly on account of American measures and their repercussions. Yet scholarly investigations of the doctrine’s history, foundation and scope, of the principles underlying it, their formulation, general character and effect have remained few and far between.
Exploitation of Land and Water Resources for Jewish Colonies in the Occupied Territories
Authors: Matar Ibrahim
Published: October 2023

The June war of 1967 brought the West Bank and Gaza Strip under the occupation of the Israeli armed forces. Since then, the 1.7 million Palestinians of the territories have been submitted to a variety of repressive measures. Oppression and violation of human and political rights are perhaps inherent in an alien occupation. However, a distinctive distressing feature of this occupation is the occupying power’s determination to maintain permanent control over the territories by a systematic policy of colonization and Judaization.
Trial Discretions: The Judge and Witnesses
Authors: Pattenden Rosemary
Published: October 2023

Facts may be proved without calling witnesses to prove them. Devices for achieving this result include the formal admission and an agreed statement tendered in accordance with section 9 of the Criminal Justice Act 1967. Neither of these methods requires the exercise of judicial discretion, except where a party seeks leave to withdraw a formal admission, the prosecution wishes to offer proof on a matter which the defence has formally admitted,3 or the court desires to hear the maker of the section 9 statement give evidence orally. Other methods of dispensing with witness testimony are not so discretion-free.
Trial Discretions: The Judge and the Jury
Authors: Pattenden Rosemary
Published: October 2023

The Criminal Justice Act 1988 abolishes the defendant’s right of peremytory challenge, that is, his right to challenge jurors without cause. The prosecution never had this power but can stand jurors by,4 a right not shared by the defence. Abolition of the right of peremptory challenge turns the spotlight on the judge who in R. v. Chandler (No. 2)6 was mooted in an exceptional case to have a discretion to stand jurors by, or to allow a defendant to do so. In the past the defendant’s peremptory right of challenge was used by some defendants to obtain a mixed-race jury. Speculation has been rife as to whether the judicial discretion can be used to achieve the same result.
Correcting Erroneous Exercises of Discretion
Authors: Pattenden Rosemary
Published: October 2023

There are three methods of challenging a convict following a summary trial: (1) an appeal to the Crown Court; (2) the statement of a case for the Divisional Court of the Queen’s Bench Division; and (3) a judicial review. None of these remedies is available to a person convicted by a jury in the Crown Court, but he can appeal against conviction to the Court of Appeal (Criminal Division). Any of the four mentioned remedies can, in the right circumstances, provide the defence with an opportunity for contesting the exercise of a discretion by a trial court. Additionally, appeal by way of case stated can be used by the prosecution to question the exercise of a discretion in a trial before justices which resulted in an acquittal. Judicial review is not as useful to the prosecution, for a reason which will be discussed later, but may occasionally also be a way of undoing an exercise of discretion which operated in favour of the defence.
C
Authors: Toth A G
Published: October 2023

Charges Having Equivalent Effect To Customs Duties One of various measures applied by States in the context of international trade to the import and export of goods, either for the purpose of raising revenue or to afford protection to domestic products or industries. Since these charges present an obstacle to the free movement of goods between States, they are incompatible with the concept of a customs union. As the EC is based upon a customs union covering all trade in goods, charges having equivalent effect to customs duties on imports and exports are prohibited between Member States (Arts. 23 and 25 EC).
D
Authors: Toth A G
Published: October 2023

Designation Of Origin See Intellectual Property Rights Whereas Art. 90 EC prohibits discriminatory taxation of products from other Member States and Art. 93 EC provides a specific legal basis for indirect tax harmonization, there are no equivalent provisions on direct taxation, i.e. the taxation of the income and capital of natural and legal persons. The EC Treaty merely provides, in Art. 293, that Member States shall, in so far as is necessary, enter into negotiations with each other with a view to securing the abolition of double taxation within the Community for the benefit of their nationals. Nevertheless, in so far as rules on direct taxation may ‘directly affect the establishment or functioning of the common market’, they may be the subject of approximating directives adopted under Art. 94 EC (fiscal provisions are excluded from the scope of Art. 95(1) EC by Art. 95(2) EC).
G
Authors: Toth A G
Published: October 2023

General Agreement On Tariffs And Trade (Gatt) See Common Customs Tariff, Customs Union, And Customs Value While the EC Treaty speaks both of ‘goods’ and ‘products’ (see Arts. 23 and 24), it seems clear that the meaning of the two terms is identical; indeed, the German text uses the same term (Waren) throughout. Moreover, although Arts. 25 and 28 to 30 EC speak only of ‘imports’ and ‘exports’, it is plain that imports and exports of ‘goods’ are meant. The Treaty does not define the concept of ‘goods’.
I
Authors: Toth A G
Published: October 2023

Industrial Design See Intellectual Property Rights Intellectual Property Rights Temporary exclusive rights on creations of the intellect that are granted by law. The term ‘intellectual property rights’ has two distinct meanings. It may be used in a restrictive sense to refer essentially to copyright and related rights. Often it is used in a broad sense to cover not only intellectual property rights strictu sensu but also industrial property rights, such as patents and utility models, and commercial property rights, such as trade marks (see further section V below). Art. 30 EC expressly mentions only the protection of industrial and commercial property.
J K M
Authors: Toth A G
Published: October 2023

OFFICIAL AUTHORITY According to Art. 45(1) EC, the provisions of the Treaty on freedom of establishment (Arts. 43 to 48) do not apply to activities which in a Member State are connected, even occasionally, with the exercise of ‘official authority’. By virtue of Art. 55 EC, the same exception applies also to the provisions on freedom to provide services (Arts. 49 to 55). However, neither the Treaty itself nor any act of secondary legislation defines the concept of ‘official authority’. In Case 2/74 Reyners [1974] ECR 631 at pp. 664–5, A.-G. Mayras put forward the following definition:
The Authority to Use Force by National Liberation Movements
Authors: Wilson Heather A
Published: October 2023

Thus far I have concentrated on the twentieth century development of the idea that there are entities, most often referred to as ‘peoples’, who have a right to self-determination in international law. It does not automatically follow that the denial of this right justifies the use of force to secure self determination; but it is little wonder that persistent denial of demands for self-determination led to calls for remedies. including the use of force.

In practice it has been national liberation movements which have claimed to have the right to exercise this authority on behalf of a people. Or, perhaps in reverse. entities which use force ostensibly on behalf of a ‘people’ are usually called national liberation movements.
Getting into Grendon
Authors: Genders Elaine , Player Elaine
Published: October 2023

In describing how men are referred to and selected for treatment at Grendon this chapter examines the formal criteria for admission and the various routes which lead to an inmate’s arrival at the establishment. It considers the views of the referring medical officers on the role which they believe Grendon plays and describes the criteria they claim to use when making referrals. It provides a statistical profile of all referrals made over an eighteen-month period, and it details the functioning of the assessment unit and reports on the views of staff about the selection of inmates for Grendon. The chapter also affords some insight into the inmates’ own knowledge, and experiences, of the referral and reception processes. And finally, it presents a description of the resulting population at Grendon, drawn from two censuses conducted at the beginning and end of the fieldwork period.
White Man’s Justice
Authors: Lobban Michael
Published: October 2023

This major new study examines the use of political trials by the apartheid regime in South Africa against its opponents in the 1970s, the decade when the ideology of apartheid was reaching its apogee. After tracing the early history of the South African Students Organization and the Black People's Convention, it shows how the state reacted to the threat posed by the black consciousness movement by launching a major trials of ideas, using the notorious Terrorism Act. It examines how, at the same time, the authorities sought to crack down on white dissent by prosecuting the leaders of the National Union of South African Students. By making a detailed study of trial transcripts in addition to other materials, it explores how the state sought to infiltrate and crush nascent ANC and PAC structures which were re-emerging in the mid 1970s within South Africa. It shows how the prosecution policy and the legal stategy of the state changed during the decade as the nature of the threats it faced altered, culminating in the trial of the leaders of the Soweto Students Representative Council in 1979 for sedition. Arguing that the political trial was perhaps the only venue where white ideology had to engage directy with black protest, this original and thought-provoking account demonstrates how the trials became platforms for competing views of society and politics, which give a unique insight into the conflict between the political ideals held by blacks and whites in this era. It also reveals how large a part politics played in securing the conviction of many dissenters, and how large a part events beyond the courtroom played, in the detention and torture of many activists.
Inclusive Legal Positivism
Authors: Waluchow W J
Published: October 2023

This book develops a general theory of law - inclusive legal positivism - which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. W. J. Walchow articulates and defends his own version of legal positivism, which is a refinement and development of the views of H. L. A. Hart. The author shows how inclusive legal positivism demonstrates that the existence or content of positive law does depend on moral considerations; and that this is consistent with legal positivism. In addition, Waluchow helps to remove the confusion which has marred current jurisprudential debates about the nature of law. He argues that these debates are often clouded by failures to appreciate that different theorists are offering different kinds of theories and attempting to answer different questions. He also accuses theorists, principally Ronald Dworkin, of failing to characterize opposing theories correctly.
Case-Law of the World Bank AdMinisirative Tribunal
Authors: Amerasinghe C F
Published: October 2023

The World Bank Administrative Tribunal is an institution which in the twelve years of its existence has acquired considerable importance and a reputation for consistency and impartiality in the exercise of its judicial function. Its case-law reveals much about the structure and working of not only the World Bank but other important international organisations. This second volume of the comprehensive digest of the WBAT's case-law which deals with cases decided between January 1988 and June 1991, like the first volume, will be of much use to the those working in and studying international organisations as well as those simply interested in the World Bank Administrative Tribunal. The author cites those parts of judgments which pertain to a particular issue so that the reader has first-hand access to the Court's actual decisions on that issue. The pronouncements are thus arranged so as to give a clear picture of the contribution each has made to the law governing the international civil service.
Dealing with Data
Authors: Fountain* Jane
Published: October 2023

This chapter will discuss the strategies I devised to collect and analyse data whilst attemp1ing to relate to the orthodoxy of research methodology texts. The study—my Ph.D. thesis—was of the social and economic organization of a network of sixty-four cannabis dealers, whose operations ranged from selling several pounds of the drug a week for a profit to passing on one-sixteenth of an ounce to a friend occasionally, as a favour. I identified five levels of distribution: wholesaler, middleperson, retailer, and regular and occasional supplier.
Greenham Revisited: Researching Myself and My Sisters
Authors: Roseneil* Sasha
Published: October 2023

When, along with 30 000 other women, I first visited the Women’s Peace Camp at Greenham Common in December 1982, I had no idea that a year later I would be living there, let alone that six years on I’d be writing a Ph.D. thesis about the place. A 16-year-old sixth former, I knew that something momentous was afoot and that I wanted to be part of it, but I certainly could not articulate the importance of what was happening outside that United States Air Force base in Berkshire. So it was that my doctoral thesis set out to explore the sociological significance of Greenham on both a micro level, to the tens of thousands whose lives were changed by the experience of involvement, and on a macro-level, to the social structures and institutions of a hetero-patriarchal society.
The Termination and Revision of Treaties in the Light of New Customary International Law
Authors: Kontou Nancy
Published: October 2023

This highly original and challenging study offers an examination of the tensions which exist between the two most important sources of international law: Treaty and Custom. Through detailed analysis of State Practice and key decisions of International Tribunals Dr Kontou considers the circumstances by which new customary law may abrogate the obligations of a prior Treaty, and argues that there is a special category of situations which supports the right of a state to re-negotiate a Treaty by an appeal to new customary law.
Introduction
Authors: Fentiman Richard
Published: October 2023

How foreign law is pleaded and proved is the crux of the conflict of laws. Suppose that a Californian and a German agree a contract, a contract sub mitted expressly to the law of Germany. One sues the other in England for breach, liability turning on German law. Or suppose that a defendant injures a plaintiff by a tort committed in France, proceedings being in England but subject to French law. Suppose, again, that a testator dies domiciled in Italy, succession to his movable property turning on con tested points of Italian law.
In Pursuit of Good Administration
Authors: Woodhouse Diana
Published: October 2023

The importance of good administration is frequetly stressed by politicians, civil servants and judges. This book examines the concept against a background of extensive civil service reform, an increasingly interventionist judiciary, and exceptional executive/judicial tension. It looks at administrative and judicial perspectives, arguing that a public service model of good administration is giving way to a new public management model which supports different principles.It suggests that in many respects these principles, based on value for money and competition, sit uncomfortably with in the public sector and at times conflict with the principles upheld by the courts which have more in common woth a public service model. It concludes that now, more than ever, a Code of Good Administration is required. Such a Code would protect essential principles, enhance the constitutional authority of the courts with regard to judicial review, and, working alongside the Citizen's Charter, provide a blueprint for expected administrative standards within the civil service and beyond.
Conclusions
Authors: Woodhouse Diana
Published: October 2023

The preceding chapters have examined the concept of good administration against a background of fundamental change in the structure and operation of the Civil or Public-Service and increased tension between the executive and judicial branches of government. The change in the public service is the manifestation of a market philosophy, supported by rational-choice thinking, which centres upon efficiency, effectiveness and economy, when all the ‘Es’ are quantifiable, and which views the private-sector as the preferred medium for the delivery of public services. The result is the reduction and fragmentation of the public sector as government functions are privatized, contracted-out, market-tested or consigned to quangos or Next Steps executive agencies, and the incorporation of private-sector methods into the management and operation of these agencies and their parent departments.
International Litigation and the Quest for Reasonableness
Authors: Lowenfeld Andreas F
Published: October 2023

This is an innovative and provocative book by one of America's leading writers on private and public international law. Practitioners as well as students and scholars will be fascinated by the author's distillation of a lifetime of experience as a lawyer, arbitrator, government official, and teacher in presenting recent developments in litigation of controversies across national boundaries.
Assessing the Past: Tort Law and Environmental Risk
Authors: Steele Jenny
Published: October 2023

Conventionally, aspects of tort law are understood to have provided an early legal mechanism of protection for the environment. A number of historical studies have assessed the extent of tort’s impact in this respect, to generally critical effect. By contrast, current approaches to environmental law rightly emphasize the need for more effective methods of prospective regulation, and where there is interest in civil liability this is sometimes, though not always, explained by the potential prospective benefits of liability as a deterrent or ‘pricing’ system. Alternatively, schemes of ex post liability have also been proposed in order to meet the costs of remedying existing damage.
The Legal and Moral Limits of Common Law Tracing
Authors: Matthews Paul
Published: October 2023

deconstructionist days, when (according to some) we should be considering the ‘structurality of structure’,1 there are few statements that a practising lawyer can make about legal thought which will not be either obvious or so oversimplified as to be wrong. Yet the introduction is necessary, because it shows, as the idiom is, where I am coming from. It also shows, in one way, where I am going to. In my beginning is my ending. It is, incidentally, entirely apt that these words are being written on a cross-channel ferry, since (though?) this is neither here nor there.
National Newspapers
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh
Published: October 2023

When we first approached a cross-section of national newspapers in 1991, explaining that we intended to conduct an empirical study of the way in which libel law and practice conditioned their conduct and performance, we received a gratifyingly positive reaction. There seemed to be a general initial agreement that the libel regime as a whole, in any case so far as England and Wales were concerned, was unsatisfactory. There was even perhaps a surprising willingness to discuss individual cases involving libel. With the sole exception of the Associated Newspapers Group (the Daily Mail, Mail on Sunday, and Evening Standara), all the editors and company executives we approached gave our proposed research project their blessing and gave us permission to talk directly to journalists on their papers, to in-house legal advisers and, where this applied, to the outside firms of solicitors which handle their libel matters. The only universal reservation from the start was that they would not be prepared for us to be given information about aspects of past or pending libel litigation, or threats of litigation, that might indicate a pattern in the tactics they deployed towards particular complaints or classes of complaint. The reason given was that the world of libel litigation in London is a small one, dominated by a handful of firms of solicitors who have made a speciality of it, and by an even smaller number of specialist barristers, belonging to two or at the most three sets of chambers.
Regional Newspapers
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh
Published: October 2023

In contrast to national newspapers the principal research method for the regional press was a questionnaire, devised by us, but sent out on our behalf by the Newspaper Society and the Guild of Editors. We further interviewed some editors and assistant editors of particular newspapers in person or over the telephone. Our object was to ascertain the impact of defamation law on regional and local papers. In particular, we were interested to find out how this differed from that experienced by national news papers. Comparisons may also be drawn with the experience of magazines which have a national circulation, but which like many regional papers are issued weekly (or monthly). Our initial hypothesis was that the incidence of libel writs and complaints is much lower than it is in the case of the London papers, although we did not assume that, as a result, this area of law has less overall impact on the regional press.
Tax Law in and after the Wheatcroft Era*
Authors: Park Andrew
Published: October 2023

G.S.A. (Ash) Wheatcroft had a varied and consistently distinguished career during his working life. He was a practising solicitor for a number of years, having qualified in 1929; then a serving officer during the war and for a time after it; he returned to his solicitor’s practice for five or six years; then he became a Master of the Chancery Division and held that position from 1951 to 1959; in 1959 he became a Professor of English Law at the LSE, where he remained until 1968, becoming Professor Emeritus thereafter; then he was a director of life assurance companies until 1979; after that he lived mostly in retirement for the rest of his life. He died in December 1987.
Implementing the Uruguay Round
Authors: Jackson John H , Sykes Alan O
Published: October 2023

The importance of the issues raised by the WTO Agreement cannot be over-estimated. The completion of the Uruguay Round of negotiations has resulted in the creation of international agreements which themselves raise issues of great difficulty and importance in legal terms, and of practical importance for international trade in goods and services and for the entire field of intellectual property rights. This book, written by experts from throughout the world, examines the implementation of the GATT Agreement and its national and international legal and constitutional ramifications. There is a chapter on each major trading entity and selected other nations. Each of these chapters describes and analyses the important constitutional issues regarding the procedures for approving the Uruguay Round treaty agreements and implementing them in domestic law.
Canadian Implementation Of The Agreement Establishing The World Trade Organization
Authors: Steger* Debra P
Published: October 2023

In Canada, the negotiation and implementation of international economic agreements requires delicate collaboration between the federal and provincial levels of government. The federal government has the power to negotiate and sign international agreements on behalf of Canada. Indeed, it is the federal executive, and not Parliament; which has the authority to negotiate and conclude treaties. Within the last ten years, the federal government has developed an extensive, formal process for consultation and accommodation with the provincial governments and the private sector in the development of trade policy, including the negotiation and implementation of trade agreements. This is not decreed by the Constitution but results from the complex and fragile nature of Canadian federalism. The practice of federal-provincial relations in Canada is often characterized as the ‘politics of accommodation’.
State, Capitalism, and the Organization of Legal Counsel: Examining an Extreme Case—the Prussian Bar, 1700—1914
Authors: Rueschemeyer Dietrich
Published: October 2023

This is a historical sketch of the Prussian Bar spanning two centuries. Its analytic purpose is to explore how an authoritarian, modernizing state and a late-developing capitalist economy shaped the dispensation of legal counsel and how in response lawyers sought to restructure their professional organization, attempts that were part of a larger agenda of German liberalism. In a comparative perspective, Prussia is an extreme case. Yet extreme cases and their historical fate are analytically instructive.
Introduction
Authors: Kuper Jenny
Published: October 2023

Lawyers and other professionals concerned with human rights, and particularly with children’s rights, may be congratulating themselves on international legal developments primarily in the years since World War IL However, the millions of people worldwide who are suffering from abuses of those rights, many in countries which officially support the post-War international legislation, could be forgiven for wondering (if news of these developments has reached them) whether indeed there is any cause for celebration. Nowhere is the contrast between lofty ideals, as enshrined in various instruments of international law, and reality more stark than in relation to child civilians embroiled in situations of armed conflict.
Treaty Law Of Armed Conflict And Related Instruments: The Protection of Civilians, and Use of Chemical Weapons
Authors: Kuper Jenny
Published: October 2023

The objective of the preceding chapter was to demonstrate that human rights principles form a significant part of the body of international law broadly applicable to child civilians in situations of armed conflict. This Chapter now outlines provisions in international humanitarian law concerning the treatment of civilians of all ages, and not those which explicitly refer to child civilians. It is important to summarise these general provisions of international humanitarian law since child civilians are entitled to protection under this body of law both as members of the civilian population as a whole (discussed here), and as a specific particularly vulnerable group within the civilian population (discussed in Chapter 4).
Treaty Law Of Armed Conflict And Related Instruments Specifically Regarding Child Civilians
Authors: Kuper Jenny
Published: October 2023

The previous chapter outlined the main principles of international humanitarian law regarding civilians generally. This Chapter will now focus on provisions in this body of law regarding the subject matter at the heart of this research: the protection of child civilians in situations of armed conflict.
Monitoring, Implementation, and Enforcement of International Law Concerning Child Civilians
Authors: Kuper Jenny
Published: October 2023

Chapters 2 to 5 above presented an overview of international human rights and humanitarian law relating to the treatment of child civilians in situations of armed conflict. Before examining the Iraqi conflicts for evidence of the impact of this body of law, this Chapter will look briefly at various organisations and legal mechanisms which have a role to play in its monitoring and/or implementation and/or enforcement.1 These include the Committee on the Rights of the Child; certain principal organs of the UN and other bodies operating under its aegis;; mechanisms for enforcing the laws of armed conflict; the ICRC; and relevant NGOs.
Indigenous Peoples, Environmental Degradation, and Human Rights: a Case Study
Authors: Fabra Adriana
Published: October 2023

The negative impacts of oil development operations in the rain forest on the Amazonian indigenous peoples of Ecuador, and on the Huaorani in particular, constitute a dramatic but clarifying example of the direct relationship between environmental degradation and human rights violations. From a legal perspective, examining the Huaorani case is an excellent exercise. It helps identify some of the most relevant means for protecting human rights and the environment, including the defence of a right to a healthy environment, and, by focusing on the situation experienced by the Huaorani, it also adds the crucial element of indigenous peoples’ rights to the human rights and environment discourse.
A New Criterion For The Admissibility Of Scientific Evidence?
Authors: Raitt* Fiona E
Published: October 2023

Many legal systems, including those of the United States and the United Kingdom, have developed special rules for the admissibility of expert scientific opinion, one purpose of which is to control the quality of the science that is allowed into court. in recent decades there have been numerous calls to admit more science into the court-room.
Information and Privacy
Authors: Feldman David
Published: October 2023

Sir David Williams has influenced public law for many years. From an early stage in his career, he took the subject seriously enough to subject it to rigorous analysis. This convinced many that the law of civil liberties was more than a more or less random collection of interferences with freedoms. His scholarly yet accessible works were concerned with principles without losing sight of the social and political setting which gives meaning to statutes and judgments. Sir David set a generation on the way to the realization that the Diceyan view of legal liberalism, namely that anything is permitted which is not forbidden, was an absence of principle masquerading as a principle. The international law of human rights has now come to be accepted as a normative framework for evaluating and developing municipal law.
Access to Justice
Authors: Parker Christine
Published: October 2023

The rhetoric of access to justice (and the reform movement associated with it) has been bringing the demands of substantive justice to bear on discussions about the legal system and on legal services over the last thirty years. The access to justice movement is a multinational, reform oriented coalition of legal workers, government reformers, and law and society scholars. They share a common concern with making their national legal systems more accessible, and with the fact that legal processes do not necessarily lead to results that are individually or socially just.
The Statutory Regulation of Business Tenancies
Authors: Haley Michael
Published: October 2023

This book provides a uniquely detailed examination of the statutory regime for the regulation of business tenancies. Part II of the Landlord and Tenant Act 1954 is of central importance. The Act gives business tenants the general rights to remain in occupation, following up from the original lease, and to obtain a new lease. Meanwhile the landlord is entitled to a market rental income and, in certain prescribed circumstances, can override the tenant's claim for possession. The tenant who fails to obtain a new tenancy may be able to claim compensation for disturbance. Compensation for improvements, on quitting the premises, is available under Part I of the Landlord and Tenant Act 1927. The book aims to provide a clear and in-depth analysis of the complex and technical workings of the 1927 and 1954 acts. It also offers a detailed and up-to-date consideration of case law, both reported and unreported. The policy factors which initially brought about the legislative controls, and continued to shape its development, are identified and prospective reforms discussed. The new Civil Procedure Rules are incorporated into the text. A comparison is drawn with the legislative code contained in the Northern Ireland (Business Tenancies) Order 1996.
The Impact of Candidates and Party Organizations
Authors: Norris Pippa
Published: October 2023

In general elections the local campaign is usually considered largely irrelevant to the outcome. ‘The constituency campaign has come to be regarded by most observers as little more than a ritual. The anachronistic local rites of canvassing and public meetings are per formed at each election, but are not thought to have any bearing on the results.’ (Butler and Kavanagh 1988: 211). Yet we would expect by-elections to be different: voters are choosing one MP rather than a government; individual candidates are subject to greater public attention; parties invest greater organizational resources at constituency level to mobilize their supporters; the national media subject the local campaign to intense scrutiny. We would expect the weaker partisan loyalties evident in recent years to leave greater room for the influence of short-term considerations. Therefore we need to examine the role of campaign-specific factors—local party organizations, the selection of candidates, the media coverage of the campaign, and the use of opinion polls—to consider their potential impact.
Abstainers, Tacticals, and Floating Voters
Authors: Norris Pippa
Published: October 2023

To understand changes in by-elections we can distinguish four main groups in the electorate according to the certainty and stability of their vote. By certainty we mean whether voters are open to change their minds during the course of the campaign or whether they feel committed to their choice. The more voters are willing to reconsider the alternatives, the greater the potential for dramatic shifts in sup port in the last few days before polling. By stability we mean whether voters are consistent over a series of elections. We can outline these concepts and then examine the empirical basis of this classification.
Latent Neutrality
Authors: Holbraad Carsten
Published: October 2023

The four decades that have elapsed since the signing of the North Atlantic treaty have been for Denmark a period of sustained engagement in international politics. As a member of the North Atlantic Treaty Organization, it has had a minor role in the mounting of a collective defence of the Western nations and in maintaining a balance of power in the central relationship, and has participated also in the joint formulation of alliance policy. Since 1973 Denmark has been part of the European Economic Community as well, in the social, economic, and political endeavours of which it has been increasingly active. In the United Nations and elsewhere, it has engaged in the efforts to reduce the economic inequalities among nations and limit the conflict between the industrially developed and the developing parts of the world. Finally, in the Nordic Council and through other channels it has continued its long-standing endeavours to expand Scandinavian co-operation of various sorts.
The Musical Organization of Arabesk
Authors: Stokes Martin
Published: October 2023

For arabesk musicians, the prime mover in the musical organization of arabesk is inspiration, ilham. Explanations of ilham focus on metaphorical expressions of the emotional states described in the previous chapter. Just as the central figure in the arabesk drama is imaged as a passive victim of fate, so too is the musician powerless before the remote, manipulative, and unpredictable force of ilham. Izham, as lyricists and composers informed me on a number of occasions, is not something which can be trained or cultivated. They could set up the situation most likely to inspire them, but might remain devoid of inspiration for days. Inspiration could strike when least expected, forcing the musician to stop what he is doing and get the words and notes down on paper at the first opportunity. The circumstances in which inspiration strikes are essential proof of the power of ilham and its expression in words and music. Each song therefore has ‘a story’, relating the private and specific circumstances in which inspiration struck.
Germany
Authors: Kaase Max
Published: October 2023

At the end of the 1980s, events in Germany took a turn which made all other developments in electioneering seem trivial. They culminated in the election of 2 December 1990, in which the five states of East Germany (GDR) joined with the eleven states of West Germany (FRG) The constitutional logic of the unification process meant that East Germany had to be completely absorbed into the institutional and legal order of West Germany. The transfer set the stage for a fast and unprecedented process of socio-political transition in the old GDR together with a feedback to the old FRG which provides a major topic for study in its own right.
The Impact of Electioneering in the United States
Authors: Bartels Larry M
Published: October 2023

If elections in the rest of the world are becoming ‘Americanized’, then what is happening in America? The last forty years have seen a variety of notable changes in campaign technology, the role of political parties, and other important features of the electoral process. I shall attempt to distinguish between temporary changes associated with a specific set of historical events-in particular, with what Burnham1 has referred to somewhat melodramatically as ‘the cosmic smash-ups of the late 1960s’-and more permanent structural changes in the American electoral system.
The Natives are Restless: The Reporting of British By-Elections
Authors: Mckie David
Published: October 2023

In October 1933 Labour took East Fulham from the Conservatives on a swing of 29 per cent, transforming a Conservative majority of 14,521 into a Labour one of 4,840. This was the first of six by¬ elections defended by the National government over a period of five weeks, and the only one which Labour won, but the swings against the government were substantial in every case. These events had a profound effect on Stanley Baldwin, then much the most influential figure in the government, as he confessed to the Commons when under attack from Churchill in the debate on the Address in November 1938:
British Parliamentary Parties
Authors: Brand Jack
Published: October 2023

In this book Jack Brand examines the role of the British Conservative and Labour parliamentary parties in the development of government policy since 1945. Focusing on six major policy fields: agriculture, education, housing, defence, the economy, and Scottish affairs, he argues that the influence of back-benchers has been consistently underestimated, and that the close interdependence of front- and back-benchers frequently produces surprising and significant effects on policy development. Dr Brand concludes that the common perception of back-benchers as powerless to affect the policies of their leaders is misleading, and that they are essential to the development of government policy.