bluuebunny/crossref_metadata_2025 huggingface dataset:
Mergers: The Role of Information Technology
Authors: Linder Jane C
Published: November 2023

Mergers and acquisitions have had questionable success in recent years. Anecdotal sources report that 70 per cent of acquisitions do not meet the acquiring company’s expectations and 50 per cent are outright failures (Carlyle 1986). More systematic research indicates that 50 to 60 per cent of acquisitions are later divested (Porter 1987) and that market share, profits, and return on equity in acquired units often decline (Bhide 1987). These transactions are unsuccessful for a variety of reasons. Among these is difficulty in integration—a failure to bring two firms together in a way that creates value (Jensen and Ruback 1983; Lubatkin 1987; Salter and Weinhold 1979). Not all mergers and acquisitions intend to create value through operating synergies; some seek portfolio gains such as reduced financial risk, and others intend to restructure an acquired firm and resell it at a profit (Chatterjee 1983). However, if Bhide’s statistics from 1981 and 1985 can be generalized, between 25 and 40 per cent of friendly acquisitions are intended to create operating (or business unit level) synergies (1987). The goal is to share or transfer skills or resources among business units. In these cases, effective integration is the gateway to value.
Foreword
Authors: Earl Michael J
Published: November 2023

Often when one discusses with senior managers their experiences in, and attitudes to, IT, they are coloured by recent experience of an IS project that has been in difficulty. Successes may abound in the case studies we teach; they are rarer in the real-world cases that managers themselves recall. It is therefore perhaps appropriate that this volume contains a substantial section on IT project management and systems implementation. Indeed, many CIOs will observe that project management remains one of the key but elusive capabilities required in exploiting IT today. And in the media, it is failed projects that often give IT ‘a bad press.’ Morris opens this section by presenting a historical perspective on project management—not just IT projects, but projects at large. He compares IT and non-IT pr jects and argues that often the former are more complex than the latter. It is the uncertain environment of IT projects which Morris particularly highlights and it is fairly well established in the IS literature that we should examine context when we choose project management techniques and information systems development methods.
The Project Sponsor
Authors: Edwards Brian
Published: November 2023

Popular and academic commentary for many years has lamented the apparent fact that computer projects seem doomed to end up late, over-budget, and ineffective. Many have not even reached implementation, and their cancellation or suspension has been taken as further occasion for breast-beating by those involved in the complex business of bringing in new computer systems, and criticism from those demanding them. Of course there is an inevitable bias in the published stories, because good news is almost no news in any area of human activity. However, there is no doubt that many IT projects have indeed been unsatisfactory in their conduct, product, or result. Therefore, in response to the at-least uncertain prospects for IT projects, much effort has gone into improving the general discipline and technology of delivering systems. This has not always produced a satisfactory outcome as seen by those who commissioned the work, however. One reason for the frequent disappointment can be found in the general misunderstanding of just what an IT project is. Properly, it is the total set of process, system, and relationship changes which are required to give effect to a new vision of how a piece of business should work.
The Successful Design of Expert Systems: Are Ends More Important than Means?
Authors: Mumford Enid
Published: November 2023

This chapter provides a case study example of the design of an expert system. The system was developed as a participative venture by a technical team and the future users who were sales staff. The author presents it as an example of how participation can assist the creation of shared values, commitments, and objectives in employment situations where relationships are traditionally contractual. The chapter shows how the success of the system was greatly influenced by the processes that were used in its design.
The Use of Legal Discretion: Perspectives from Law and Social Science
Authors: Hawkins Keith
Published: November 2023

Discretion is a central and inevitable part of the legal order. It is central to law because contemporary legal systems have come increasingly to rely on express grants of authority to legal and administrative officials to attain broad legislative purposes. It is inevitable because the translation of rule into action, the process by which abstraction becomes actuality, involves people in interpretation and choice. Law is fundamentally an interpretative enterprise in which discretionary behaviour is compelled by what Denis Galligan has neatly summarized as the ‘vagaries of language, the diversity of circumstances, and the indeterminacy of official purposes’ ( I 986a: I).
Shielding Quasi-Judicial Action
Authors: Olowofoyeku Abimbola A
Published: November 2023

The discussions in Chapters I and 2 have revealed the extent of the immunity accorded to judges in respect of their judicial acts. As the epigraph above indicates, this immunity has been extended to certain persons performing duties of a judicial nature but who are not judges in the strict sense. This extension has been variously described as an immunity for quasi-judicial action, an immunity of quasi-judicial officers, or simply as a quasi-judicial immunity. Furthermore, the principles of judicial immunity have also been extended by the courts for the protection of persons and bodies involved in the performance of functions which are in nature ‘quasi-judicial’ (a term which we shall presently examine more closely). Finally, some officials have been fortunate enough to be accorded an immunity derived from that of judges-a derivative immunity of sorts.
Women Drug Users
Authors: Taylor Avril
Published: November 2023

The book provides an account of the lives and experiences of a group of female intravenous drug users in Glasgow. Based on participant observations of the women in their own setting and in-depth interviews, it is the first full ethnographic account of the lifestyle of female drug users. It charts their entry into drugs, the various ways in which they provide for their drug use, their relationships with friends, partners, family members, and children as well as attitudes towards professionals such as social workers with whom they come into contact by virtue of their status as drug-using mothers. Finally, the efforts the women make to give up their use of drugs is examined, along with the reasons which make these endeavours difficult. The evidence suggests that, ironically, the lifestyle which evolves around their use of drugs offers an arena in which the women are able to find a degree of independence and purpose otherwise lacking in their lives and which makes their drug-using lifestyle attractive even when disadvantages become apparent.
Lex Arbitri and Locus Arbitri
Authors: Mann F A
Published: November 2023

In Naviera Amazonica Peruana S.A. v. Compania Internacional de Seguros des Peru [1988] 1 Lloyd’s Rep. II6 the Court of Appeal (Kerr and Russell L JJ and Sir Denys Buckley) was confronted with a famous problem in the law of ‘international’ arbitration: what, as a matter of procedure, is the effect of a clause such as ‘arbitration under the conditions and laws of London’? Neither party nor any of the judges doubted that any arbitration initiated in pursuance of such a clause was intended to be governed by English law or, to put it more precisely, that the procedural law of the arbitration, the lex arbitri, was English, so that the Arbitration Acts 1950 and 1979 applied. But where was the arbitration to be held? Both parties were Peruvian who had concluded in Lima an insurance policy expressed in the Spanish language; Kerr LJ thought
Re Russian Commercial and Industrial Bank
Authors: Mann F A
Published: November 2023

As a result of the revolution a Russian bank is dissolved in Russia in 1917. Under what is now section 400 of the Companies Act 1948, an order for its winding up is made in England in 1922. What is the amount of sterling due in the winding up to a client of the bank’s London branch, who on current account was entitled to a sum of Russian roubles? In 1917 the rate was 360 roubles to one pound, in 1922 it had depreciated to 400,000 roubles to one pound.
L. Schuler A.G. v. Wickman Machine Tool Sales Ltd.
Authors: Mann F A
Published: November 2023

In L. Schuler A.G. v. Wickman Machine Tool Sales Ltd. [1973] 2 WLR 683 it was finally established by the House of Lords that, as a matter of general principle of English law, in construing a written contract the conduct of the parties subsequent to the execution of the contract cannot be taken into account.
Interest as Damages
Authors: Mann F A
Published: November 2023

In National Bank of Greece S.A. v. Pinios Shipping Co. [1989) 1 All ER 213 the Court of Appeal (O’Connor, Lloyd, and Nicholls L JJ) held that the plaintiff bank’s claim to compound interest failed. The defendents had expressly undertaken to pay to the bank interest at an agreed rate and, as was conceded by them, had impliedly undertaken to pay compound interest with quarterly rests. The contract did not define the final date, when the duty to pay interest or compound interest came to an end. The question before the court was whether the obligation to pay compound interest continued after the bank demanded payment of the outstanding balance on 13 November 1978. The Court of Appeal answered in the negative. It relied mainly on the decision of the Court of Appeal (Scrutton, Greer, and Romer L JJ) in Deutsche Bank v. Banque des Marchands de Moscou (1931) 4 Legal Decisions Affecting Bankers 293, where it was held that when, as a result of a winding up order, a bank account ceased to be current and the relations between the parties became merely that of creditor and debtor, the obligation to pay compound interest ceased.
R. v. The Home Secretary, exp. L.
Authors: Mann F A
Published: November 2023

IT is settled that an interned alien enemy, like a prisoner of war, is not entitled to the benefits of habeas corpus: Exp. Weber [1916] I AC 421; Exp. Liebmann [1916] 1 KB 268. On the other hand, a stateless person who is interned is probably entitled to a writ. What, then, are the rights of a person who at the outbreak of war was an alien enemy and who during the war loses his enemy nationality? In R. v. The Home Secretary, exp.L. [1945] I KB 7, Viscount Caldecote LCJ, with whom Humphreys and Wrottesley JJ agreed, said ‘that such changes of nationality are not recognized for very obvious reasons. If such changes were to be permitted in time of war enemy agents might acquire facilities which could be used in a way very much to the prejudice of this country.’ The application for a writ of habeas corpus was therefore refused. In view of the peculiar character of the writ the result is hardly open to doubt (although Reg. 18B would probably have deprived a decision in favour of the applicant of any dangerous consequences) and it was certainly impossible for the Court to be influenced by the fact that in this particular case the application was made not by an alien enemy who had ‘thrown off’ his disability
Recognition of Sovereignty
Authors: Mann F A
Published: November 2023

The year 1952 has produced two decisions of the highest tribunals of the British Commonwealth of Nations on the important and difficult question of the effect upon matters of State succession of a foreign government’s recognition by the Sovereign of this country: Gdynia Ameryka Linie v. Boguslawski [1953] AC rr, and Civil Air Transport Inc. v. Central Air Transport Corporation [1953] AC 70. The problems in both cases were so similar that it is not easy to discover why the former case, decided by the House of Lords, was not even referred to in the opinion which Lord Simon delivered in the latter case on behalf of the Judicial Committee.
Foreign Policy and Judicial Discretion
Authors: Mann F A
Published: November 2023

In strict law, the decision of the House of Lords in Rio Tinto Zinc Corporation v. Westinghouse Electric Corporation is an authority on the interpretation and application of the Evidence (Proceedings in Other Jurisdictions) Act 1975 which, giving effect to a Hague Convention of 1970, replaced the much more agreeably named Foreign Tribunals Evidence Act 1856. There are, however, wider aspects of the decision which are of great significance for international law in general and the perennial problem of the relationship between foreign policy and the judiciary in England in particular. It is this effect that requires some analysis and comment.
Documentary Credits and Bretton Woods
Authors: Mann F A
Published: November 2023

The decision of the House of Lords in United City Merchants (Investment) Ltd. v. Royal Bank of Canada [1982] 2 WLR 1039 is destined to become a leading case in the law relating to international trade. At the same time it has considerable bearing upon the law relating to international finance and in this respect is so singular that one is bound to ask whether the practice (or malpractice) of delivering only one speech is fortunate, especially in cases in which the Court of Appeal is being reversed. There are, it is believed, many who will emphatically vote against the single speech and the impoverishment of English law it involves.
The Judicial Recognition of an Unrecognized State
Authors: Mann F A
Published: November 2023

Ever since the House of Lords decided Carl Zeiss Stiftung v. Rayner & Keeler Ltd, there was room to question whether the modern English judiciary had given thought to the rationale of the executive’s refusal to recognize a foreign entity as a State. The meaning and purpose of non¬ recognition is simple and straightforward: the United Kingdom expresses its disapproval of the foreign entity, its origin, and its policies. Therefore the UK regards it as non-existent, denies efficacy to its institutions, law, and activities (though there may possibly be certain limited exceptions in matters of a purely private nature). In particular, the UK denies to an unrecognized State the right to become a party to a treaty, refuses to accept a diplomatic note or other official communication, or to recognize a passport issued by it. In law, therefore, the non-recognized State does not exist. It is, if one prefers so to put it, a nullity. Of course, we all know that in fact or in the real world there is such an organization as, say, the Turkish Republic of Cyprus, but in English eyes it does not exist. To a lawyer this is not an unfamiliar situation: in law a contract may be null and void and unenforceable, but in fact it may have been concluded and performed.
Stale Arbitrations:The Antclizo—Missed Opportunities by the English House of Lords
Authors: Mann . F A
Published: November 2023

Seven years ago a bare majority of the House of Lords (Lord Diplock, Lord Edmund-Davies, and Lord Russell of Killowen, Lord Fraser of Tullybelton and Lord Scarman dissenting) rendered a decision which was immediately and universally regarded as wrong and which, so it would appear, even the House of Lords itself would like to reject. It was held that notwithstanding the wide terms of section 37 of the Supreme Court Act 1981 the court was precluded from granting an injunction to restrain a party from proceeding with an arbitration.
Waiver of Immunity
Authors: Mann F A
Published: November 2023

The arguments by the defendants which Saville J rejected in A Co. Ltd. v. Republic of X [1990] 2 Lloyd’s Rep. 520 were so obviously unfounded that one would not normally wish to comment upon the decision. Yet there are three aspects to which attention should be drawn.
The Single Speech
Authors: Mann F A
Published: November 2023

In Lonrho Ltd. v. Shell Petroleum Co. Ltd. (No. 2) [1982] AC 173 Lord Diplock asked the question ‘whether an intent by the defendants to injure the plaintiff is an essential element in the civil wrong of conspiracy, even where the acts to be done by the conspirators amount to criminal offences under a penal statute’, i.e. have been committed by unlawful means (at 188). With the concurrence of Lord Edmund-Davies, Lord Keith of Kinkel, Lord Scarman, and Lord Bridge of Harwich he ‘unhesitatingly’ (at 189) answered in the affirmative. Lord Edmund-Davies, Lord Keith, and Lord Bridge described their agreement as ‘complete’ or ‘entire’.
Human Rights, Peoples’ Rights
Authors: Kamenka Eugene
Published: November 2023

Rights are claims that have achieved a special kind of endorsement or success: legal rights by a legal system; human rights by widespread sentiment or an international order. All rights arise in specific historical circumstances. They are claims made, conceded or granted by people who are themselves historically and socially shaped. They are asserted by people on their own behalf or as perceived and endorsed implications of specific historical traditions, institutions and arrangements or of a historically conditioned theory of human needs and human aspirations, or of a human conception of a Divine plan and purpose. In objective fact as opposed to (some) subjective feeling, they are neither eternal nor inalienable, neither prior to society or societies nor independent of them. Some such rights can be singled out, and they often are singled out, as social ideals, as goals to strive toward. But even as such, they cannot be divorced from social content and context.
Terrorism and Torture
Authors: Lobban Michael
Published: November 2023

In the mid-1970s, both before and after the Soweto uprising, the government became aware of more sophisticated efforts to revive the ANC and PAC in South Africa and to step up the military struggle. The stakes were being raised. For the state, it was no longer a question of merely policing intellectual dissidents or ambitious but isolated youths: now, the state needed to penetrate, expose, and crush nascent ANC and PAC structures being established within the country, which might be used to facilitate armed attacks against the state. With the increased danger to the state, police methods in investigating the threat and constructing cases became ever more sinister, and in the year and a half of unrest after Soweto, twenty-seven people died in detention.
An Overview of the Literature
Authors: Kontou Nancy
Published: November 2023

This chapter examines the different ways in which new custom may affect a prior treaty. A treaty may be interpreted in the light of supervening custom that completes or clarifies its provisions. If new custom is incompatible with a prior treaty, two possibilities exist: either the treaty is amended or terminated on account of new custom, or both the treaty and the customary rule are considered to be in force giving rise to conflicting obligations whose order of priority must be established.
Some Criticisms
Authors: Kontou Nancy
Published: November 2023

The Vienna Convention does not mention supervening custom as a ground of termination of prior incompatible treaties. The 1964 ILC Draft on the Law of Treaties contained a provision on treaty modification ‘by the sub¬ sequent emergence of a new rule of customary law relating to matters dealt with in the treaty and binding upon all the parties’ (Article 68, para. c). This provision was subsequently deleted from the Draft.
The Setting: The Crown Court at Wood Green
Authors: Rock Paul
Published: November 2023

I shall begin at the beginning by describing a little of the formal history, setting, and organization of the Crown Court at Wood Green. It is necessary to open with a methodical procession through such structural matters because everything done within the Court was part of an elaborately planned division of labour. It will then be possible to tum to the special experiences of those who worked in the Court, visited it, and were brought to it for trial.
Trials as Conflict
Authors: Rock Paul
Published: November 2023

The trial was at the heart of the Court and its very reason for being, the drama about which events turned, its conflicts, controls, and dan gers saturating every identity and association. So important was it that no sense can be made of the larger organization and work of the Court until it has been examined. Turning to it first, I must delay the task of describing some other important matters, in particular the role and character of the professionals who worked on the trial. The staff and users of the Court will remain rather spectral figures until Chapter 4, but they cannot be given much substance and Resh until I have conveyed a sense of the place of the trial within their life.
Insiders and Outsiders
Authors: Rock Paul
Published: November 2023

Three chapters have turned on the conflicts and working practices of the trial. In this short bridging chapter, I shall look at those same processes through a different lens to explain how they cngendered a particular social world, a world founded on 11w preservation of safety and privacy, a world that fitted into the physical space that I shall describe in the next chapter. With some little exaggeration perhaps, the organization of the Crown Court centre at Wood Green may be likened to an array of concentric rings whose character was shaped by the workings of opposition and attraction. Opposition flowed from the dangers, antagonisms, secretiveness, and contaminations of the adversarial system, and attraction from the bonds of those who had to work closely together in conditions of trust.
The Nature of the Legal System Governing Employment Relations in International Organizations
Authors: Amerasinghe C F
Published: November 2023

International organizations are a striking feature of the twentieth century. With the growth and development of international society during the century there came into existence the League of Nations, which was born and died, the United Nations, and a host-of other international agencies of diverse natures such as the FAO, the World Bank, and the EEC. Many have a variety of purposes, some being political and others being more technical and functional. Their functions may embrace a variety of goals ranging from the preservation of peace to the protection of human rights, the promotion of international trade, economic development, and technical assistance. Their powers may range from the making of recommendations to the taking of more effective action by decision. States co-operate through them towards agreed ends by such means as assemblies, meetings, and conferences. But they all have one important feature in common. They are all organized as corporate bodies. Their corporate nature has been acknowledged both by the international community and individual States in that both international law and States as members of international society have recognized them as possessing legal personality’ and individual States have entered into international law and municipal law agreements with them as corporate bodies.2 Further, generally they were accorded immunity from the jurisdiction of member States. Thus, Article 105 of the UN Charter states that: ‘The Organization shall enjoy in the territories of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.’
The Identification of Sources
Authors: Amerasinghe C F
Published: November 2023

International administrative law, as has been seen, is a comparatively recent phenomenon, having formally come into existence after the creation of the League of Nations. International administrative tribunals as such are of even later vintage, the first of them, namely the LNT, having been created in 1927. While the question of the sources of international administrative law or the law governing employment relations in international organizations need not theoretically be entirely dependent on the existence of international administrative tribunals, it can only have practical meaning and impact in relation to what such tribunals do in deciding cases which are brought before them relating to employment relations in international organizations. That is to say, though as long as there are employment relations governed by law in international organizations, this law must be derived from a source or more than one source, it is the fact that international administrative tribunals apply that law in deciding disputes brought before them that gives objectivity and reality to the question from what sources the law relating to employment relations in international organizations derives.
General Principles of Law
Authors: Amerasinghe C F
Published: November 2023

International administrative tribunals have found that the express written laws of international organizations do not by themselves provide all the solutions as sources of law for the problems encountered in disputes between such organizations and their staff in matters of employment. The case law shows that in many situations tribunals have had recourse to other sources as well in settling disputes referred to them. General principles of law are important among these sources. Even though problems may arise as to when such principles are applicable, what relationship they bear to the written and other sources of law and how they may be identified, there is considerable evidence that they are an accepted source of law.
Inadmissibility for Other Reasons
Authors: Amerasinghe C F
Published: November 2023

While inadmissibility ratione temporis is an important factor pertaining to the jurisdiction of international administrative tribunals and may even be an obvious and common element in such jurisdiction, there are other reasons for inadmissibility of applications which have prevailed. Such reasons depend to a large extent on the written law governing the jurisdiction of each tribunal, so that not only must such written law be examined in a given situation in order to establish whether an application is admissible or not but also the decisions of one tribunal may be less helpful to other tribunals in deciding issues relating to admissibility. However, it is a distinct possibility that there are certain general principles which may be applicable in common situations in the implementation of the written law. The decided cases generally illust rate such principles. For example, although all the tribunals have not had occasion to apply these principles in the course of their adjudication of disputes, the general rules that an application will be inadmissible if it is insufficiently clear in regard to the grounds on which it is based or if it does not show that the applicant’s rights have been adversely affected (that is, that he has suffered an injury), will probably be recognized by all of them. It is the most important of these general principles that will be examined here.
The Nature of Administrative Powers
Authors: Amerasinghe C F
Published: November 2023

International organizations generally exercise their powers v1s-a-v1s their staff through administrative decisions. When a staff member disputes an act or omission of the administration of an international organization, he usually questions a decision taken by the administrative authority. As a result in general international administrative tribunals exercise judicial control over decisions taken by organizations in the exercise of their powers.
Détournement de Pouvoir
Authors: Amerasinghe C F
Published: November 2023

A Discretionary power may be reviewed because there has been a détournement de pouvoir. The latter is the French term frequently used in international and some systems of national administrative law to describe irregularity of motive or purpose in connection with the exercise of discretionary powers. Basically, détournement de pouvoir occurs when discretionary powers are exercised for purposes or objects other than those for which such powers have been explicitly or implicitly granted or are not exercised for the objects underlying the grant of such powers. Détournement de pouvoir, as used in this sense, pertains to discretionary power, and not to obligatory or necessary functions. Discrimination and inequality of treatment, which are regarded as aspects of détournement de pouvoir, may be treated separately, as there are special considerations to be taken into account in regard to them. Consequently, they will be dealt with in the next chapter. In the French administrative law which originally propounded the doctrine or principle of détournement de pouvoir (which in English may be described as ‘misuse of power’ or ‘abuse of purpose’), it is very generally defined as the action of an administrative authority in using its powers for a purpose other than that for which those powers were conferred upon it.
Some Lessons from the Law of Torts
Authors: Swadling William
Published: November 2023

Much of the difficulty inherent in the branch of the law concerning liability for assisting a breach of trust and liability for the receipt of misdirected funds derives from the fact that this pocket of the law seems to exist in equity without any reference to its common law counterparts. The conclusion which will be offered here is that if liability for assistance and receipt were to be considered as a part of a unified law of torts, many of the problems highlighted by the foregoing papers would become capable of simple resolution.
The Perspective from Company and Commercial Law
Authors: Birds John
Published: November 2023

The topic of bribes and secret commissions is considered in this paper from the perspective of someone whose principal interests lie in Company Law and certain aspects of Commercial Law, rather than from the perspective of an Equity or Restitution lawyer. Thus, the paper does not attempt to offer an authoritative view on the question of the remedial issues which arise, in particular the basic nature of the accountability for a bribe and whether the remedy is personal or proprietary; one cannot, of course, escape adverting to these issues but in this respect, others are far better qualified to comment than this author. Even within these selfimposed limits, there are a number of questions which can usefully be dealt with, not least because the application of the legal principles applicable to bribes and secret commissions in the context of companies appears to leave some questions unanswered and, possibly to some extent at least, in recent years, to reveal a change in attitude to the judiciary.
The Case Load and Other Pressures
Authors: Sir Patrick Neill Q C
Published: November 2023

This paper aims to suggest the most pressing or most interesting problems which surround judicial review. I shall marshall the topics to be addressed under the followmg headings:

The threat posed to judicial review by the case load.

The borderland between public and private law.

Developments in the grounds on which decisions may be attacked.

Procedure, with special reference to O’Reilly v. Mackman.
Courts and Governance
Authors: Loughlin Martin
Published: November 2023

"The state's decisions must be respected unless and until they are shown to be wrong. Judges neither govern nor administer the state: they adjudicate when required to do so. The value of judicial review, which should be high, should not be allowed to obscure the limits of the judicial function."
The Children Act 1989 and the Experience of Scots Law
Authors: David Kelbie Sheriff
Published: November 2023

Child Care Law in England and Wales has recently been radically changed by the Children Act 1989. In Scotland recent changes have been minor and piece-meal. There has been no unified approach to the Public and Private Law aspects of child care and the law has to be searched for in the common law and in a mass of separate legislative provisions which do not always sit easily with each other. Many are out of keeping with modern social conditions and attitudes. It is clear, however, that the pressure for real change has been building and is long overdue.
Product Liability
Authors: Schlosser Peter
Published: November 2023

Since the collapse of the socialist world the legal cosmos can once again be divided into civil law and common law countries. This dichotomy is also reflected in the field of international jurisdiction. As to the common law, the starting point has been defined by a famous judgment of the US Supreme Court in the following words: ‘The foundation of jurisdiction is physical power’.
Traffic Accidents
Authors: Siehr Kurt
Published: November 2023

The US conflicts revolution started with traffic accident cases and in the ensuing discussion most examples were traffic accident cases. In most of these cases the problem of jurisdiction was not an issue for the courts. They had to make up their minds with respect to the governing law. The lex loci delicti commissi was the citadel to be razed to the ground.
Press Freedom and Police Access to Journalistic Material
Authors: Feldman David
Published: November 2023

This chapter seeks to explain and evaluate the law concerning police access to material held by journalists and broadcasters in England and Wales. Some of the information which journalists amass inevitably relates to criminal behaviour. Investigative journalists, and photographers and cameramen at public events where violence occurs, are particularly likely to acquire material which could be useful to officials investigating allegations of crime. In different parts of the common law world, such material has been sought from the press by Royal Commissions and statutory tribunals of inquiry seeking to establish the source of leaks of governmental material or the causes of public disorders, or investigating the behaviour of trade unions; by inspectors investigating suspected insider dealing or abuse of corporate power;2 by companies and government departments wishing to identify the source of leaks; by parties to civil proceedings against the police seeking film made by a television news team of clashes at the Windsor
Understanding the New Copyright Environment: An Assessment of the State of Copyright Law—From Whit ford to Multimedia
Authors: Dworkin Gerald
Published: November 2023

Copyright has never been more prominent. Right holders are more aware of their rights than ever before; users of all kinds are becoming more conditioned to the notion that payments should be made when the works of others are used (even though there is still a long way to go); governments have at last begun to appreciate the economic importance of successful copyright industries; all of which, at the international level, has led to unilateral, bilateral and multilateral activity to make the copyright system worldwide work more effectively.
The European Human Rights Convention and Media Law
Authors: Lester Lord , Hill Herne , Schiffrin Natalia
Published: November 2023

The number of cases brought before the European Court and Commission of Human Rights has dramatically increased over the last few years. In the period since 1988, the case load of the Court has more than doubled and, in the last decade, the number of complaints submitted to the Commission has grown five-fold. The Court’s case law under Article 10 of the ECHR, guaranteeing the right to freedom of expression,1 is likewise increasing.
Complaints against the Media
Authors: Michael James
Published: November 2023

‘The regulation market is chronically oversupplied at present, with no fewer than three bodies undertaking to maintain broadcasting standards.’1

In 1994 the number of bodies regulating various aspects of broadcasting programme standards rose to four with the introduction of the BBC Programme Complaints Unit. The Broadcasting Complaints Commission, Broadcasting Standards Council, Independent Television Commission, and BBC Programme Complaints Unit all have jurisdiction to receive complaints about different (although sometimes overlapping) aspects of programme standards. Some, in particular the BSC and the ITC, have competence to initiate research and inquiries. Most, but not all, are limited in the sanctions applied (if a complaint is upheld) to requiring a broadcast of their findings.
Copyright and the Media in 1994
Authors: Bate Stephen , Devereux Mark , Fraser Colin , Enser John
Published: November 2023

The year 1994 may well come to be regarded in the future as the year which brought about a major shift towards the recognition of copyright as an asset (when used legitimately) to trade between nations. The catalyst has been the signing on 15 April 1994 at Marrakesh by 108 countries of the Final Act embodying the results of the Uruguay Round of the Multilateral Trade Negotiations (GATT) (‘the Final Act’). Amongst the other Agreements annexed to the Final Act is the Agreement on Trade-Related Aspects of Intellectual Property Rights (known as ‘TRIPS’). The TRIPS Agreement brings intellectual property for the first time within the ambit of the General Agreement on Tariffs and Trade (‘GATT’) and of its successor body, the World Trade Organisation (‘WTO’) which came into being on 1 January 1995.
Failure of Consideration I: Valid Contracts
Authors: Mitchell Charles
Published: November 2023

This and the next chapter are concerned with the following situation: S enters into a contract with PL. S agrees either to make a payment to RH on PL’s behalf, in respect of an obligation to RH which PL has previously incurred, or to lend money to PL, which PL then uses to pay RH. PL agrees that he will repay S at some future date but in later failing to make the repayment causes the consideration for S’s advance to fail. Where RH is paid directly by S, PL’s obligations are discharged by S’s payment because PL has ipso facto authorized S to act on his behalf; where RH is paid by PL, the issue of whether PL has authorized the payment obviously does not arise and again PL’s obligations are discharged by PL’s payment. The question addressed in this and the next chapter is whether S should be entitled to acquire RH’s rights against PL via reviving subrogation on the ground of failure of consideration. This chapter considers the position where Sand PL’s contract is a valid one, while Chapter 11 discusses that where S and PL’s contract is deemed by the courts or the legislature to be void or voidable for some reason.
Contractual Subrogation and Assignment
Authors: Mitchell Charles
Published: November 2023

This chapter will briefly consider three situations in which the entitlement to acquire another’s rights of action is conferred by contract:1 where an insured agrees to allow his insurer to take over his rights against a third party; where a senior and junior creditor agree under a subordinated debt agreement that the senior will acquire the junior’s rights against their common debtor until his debt is repaid in full, after which the junior will acquire the rights of the senior; where a mortgagee agrees that a third party should acquire his rights against the mortgagor. As a matter of terminology, not all three situations can be said to constitute examples of contractual subrogation rather than assignment. This is because although contractual subrogation and assignment are very similar, most notably in the fact that there is no necessary limit to the quantum of recovery by a party who has acquired rights of action by either means,2 they differ in the important respect that a party who has been simply subrogated to another’s rights of action under a contractual term is entitled to use the other’s name in litigation, whereas a party who has taken an assignment of another’s rights of action must pursue these rights in his own name. The importance of this distinction is most marked in the area of insurance law, where insurers generally wish to pursue litigation against third parties in the name of their insureds because they think this will improve their chances of recovery.3 But in the general interest of terminological accuracy, it should in any case be stated that whilst the first two situations described here may be characterized as examples of contractual subrogation, the third simply constitutes an example of assignment.
Some Observations on the United Nations Convention on Contracts for the International Sale of Goods
Authors: Schlechtriem Peter
Published: November 2023

To submit a paper addressed to such a distinguished auditorium as I have to expect in a seminar of the Society of Public Teachers of Law is a daring and difficult enterprise. The topic of ‘Uniform Sales Law’ is especially difficult, because I am confronted with the problem of what exactly is expected of such a paper. It could not be a report on the contents of the UN-Convention, because the participants of this seminar can read the text of the convention themselves. Usually, in seminars on CISG there is a comparison of the provisions of CISG with domestic law, but this could not be my task here: A comparison of CISG with English law by a German law teacher would be preposterous, and a comparison with German law would be boring for most members of the auditorium.
The Condition of the Law of Tort
Authors: Cooke Sir Robin
Published: November 2023

Sir John Salmond-piety dictates that those be the opening words of a paper requisitioned from a New Zealand lawyer on the condition of the law of tort-wrote the preface to the sixth edition of his The Law of Torts in May 1923. It was the last edition published in his life-time. He began by saying that ‘For the most part the law of Torts is well settled, and such questions as arise relate in general to matters of supplementary detail’. Then he went on to outline ‘some unsolved problems of far-reaching significance .. .’ Some of these are hardly any nearer solution seventy years later. Their number has been much augmented by the work of the generations after Salmond. A diagnosis of the condition of the subject cannot be reassuring.
Some Reflections on Junior Books
Authors: Rodger Alan
Published: November 2023

For anyone who has been involved in a well-known case it is interesting to see how it is handled subsequently by the courts and by commentators. Of no case can that be more true perhaps than of Junior Books Ltd. v. Veitchi Co. Ltd. [1983] 1 A.C. 520, the speeches in which caused an uproar when they were handed down in late July 1982. The effect on practitioners in England and the Commonwealth was all the more dramatic since they had previously been unaware of the existence of the case. When the speeches appeared in the following Saturday’s Times there was consternation over the toast and coffee in many a barrister’s household, for the decision seemed to herald the end of much which was received and familiar. Eleven years later we know better, and the picture has been redrawn by the House of Lords along more familiar lines. Still Junior Books is worth at least another glance, not only because it has not yet been over-ruled (perhaps because their Lordships are waiting for a Scottish appeal) but also because it still features in discussions of some of the issues in the law of torts. Having been junior counsel for the unsuccessful appellants in the case, I would not feel free to criticise the decision. None the less I believe that I can properly comment on certain matters of fact and on the way in which the decision has been treated since 1982.
Scots and English Contract Laws
Authors: Mcbryde W W
Published: November 2023

There has often been a tension between Scots and English law, although any discomfort has tended to be on the side of the smaller partner. The Union of 1707 occasionally gives rise to arguments, but one suspects in Scotland more than in England. I do not know the extent to which English lawyers contemplate the Acts of Union but Scots lawyers have from time to time argued about whether the Queen is Elizabeth the Second or the First or whether or not it was ‘for the evident utility of the subjects within Scotland’ and a contravention of an Act of Union to have the Community Charge or E.E.C. rules on fishing.
Proprietary Rights as Remedies
Authors: Birks Peter
Published: November 2023

Long the leading scholar in the field, and the author of the leading treatise, Professor Donovan Waters has exercised great and beneficial influence on the Canadian law of trusts. One pillar of his international reputation has been his advocacy over a period of some thirty years of the remedial as opposed to the substantive or institutional understanding of the constructive trust. His participation in this seminar offers an opportunity which an agnostic in this matter cannot let pass. This paper therefore has modest analytical objectives. Its purpose is to identify the obstacles to reception of the remedial faith. It must be understood throughout as continually asking whether these difficulties are real or not.
Old Systems — New Systems
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil
Published: November 2023

This chapter sets out a framework for the analysis of European police co-operation. The approach in this chapter is to contrast old and new systems of European police co-operation, and the TEU is viewed as a catalyst for the transformation from old into new. The most prominent systems of European police co-operation—Interpol, Trevi, Schengen and Europol—will be discussed, not as static, but as dynamic entities. Trends for the immediate future can be identified, such as formalization, centralization and generalization. But those involved in the policy-making process on European police co-operation have differing views on the desirability of these trends. Opposing views exist concerning informal or formal structures of co-operation, a supranational or intergovernmental frame work for institutional development, the role of politics as opposed to the impact of practitioners in the policy-making process, the importance of differences between national policies, legal systems, organizations and cultures, and the preference for a Europol with or without executive powers.
European Police Co-operation in Criminal Matters
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil
Published: November 2023

Although the need to act to counter transnational crime within the European Union is now acknowledged to be a matter of common concern, developments to date have not departed significantly from the fundamental international law doctrine that enforcement jurisdiction is strictly territorial. Progress has been made in areas such as the sharing of intelligence and the production of common threat assessments. Very modest advances have been made, in the con texts of the Benelux and Schengen arrangements, in facilitating operational cross border policing (Gilmore 1993d: 1962-4). But a general rule, for the members of the EU, as for the rest of the international community, it remains ‘a breach of international law for a state without permission to send its agents into the territory of another state to apprehend persons accused of having committed a crime’ (Jennings and Watts 1992: 387-8). Traditional conceptions of international co-operation, such as extradition and mutual legal assistance, retain their centrality in the investigation and prosecution of those involved in criminal activities with an international dimension. Such a legal framework is, however, not a substitute for practical police co-operation. It is a supplement to it; one which is essential where powers of coercion such as search and seizure or arrest need to be exercised in the absence of any indication of a violation of national law. The pre sent chapter examines the most important aspects of the existing framework in relation to the EU Member States and assesses the prospects for future progress.