bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction
Authors: Miller C J
Published: November 2023

Joseph Moskovitz in his notable article in the Columbia Law Review described 1.01 contempt of court as the Proteus of the legal world, assuming an almost infinite diversity of forms’.1 The scope of the subject was described in similar terms by Sir John Donaldson MR in Attorney-General v. Newspaper Publishing PLC (one of the Spycatcher cases), where he responded to a suggestion that contempt was being expanded by saying: ‘The law of contempt is based on the broadest of principles, namely that the courts cannot and will not permit interference with the due administration of justice. Its application is universal.’2 One implication of this, as Lord Bridge has noted, is that the law in this area is ‘fraught with difficulties and uncertainties’.
Contempt Through Interfering With Particular Legal Proceedings: Some General Considerations
Authors: Miller C J
Published: November 2023

Although criminal contempt of court covers a wide range of conduct, undoubt- 5.01 edly its single most important function is to prevent interference with the due administration of justice in proceedings which are sub justice. Such interference, whether actual or potential, may occur in a variety of ways. Perhaps the most obvious is an attempt to bribe or intimidate a judge, juror, or witness, each of which may be dealt with either summarily as a contempt, or as an indictable offence. However, the offence may similarly be committed through publishing matter carrying the same attendant risk, whether the publication be in the Press, as will usually be the case, or through any other medium of communication. Thus radio and television broadcasts, cinema films, public speeches, sermons, theatrical performances, musicals, and even posters and wax models have all given rise to contempt proceedings in the past.
Conclusion
Authors: Morgan Jane , Zedner Lucia
Published: November 2023

Child victimization has traditionally been seen solely in terms of child abuse. There can be no doubt that child abuse in its various forms is a serious social problem. However, the focus of public and professional attention on abuse has obscured the problem of children who are the victims of other, often no less serious crimes. Children are far more likely to be thought of as potential offenders than as victims of crime. Yet, as we have seen, they can be victims of a whole range of crimes. They may also be witnesses to crimes committed against other members of their families. The most serious types of personal assault, rape, and even murder often take place in the presence of children or in circumstances of which they are aware. More commonly, they may be present in households where a burglary occurs. Where an offence is committed against a member of a child’s family or against the household in general the child is unlikely to be seen as a victim. None the less, children’s experiences may be such that they ought properly to be recognized as victims in their own right.
Summary and Conclusion
Authors: MCVea Harry
Published: November 2023

The trend towards deregulation in the form of financial diversification is best illustrated by recent events which have transformed the provision of financial services in the UK in the run-up to Big Bang. The most important outcome of this process has been the emergence of a new corporate creature, the financial conglomerate. The formation of conglomerates is the result of a desire by market participants to expand rather than limit the range of financial services they offer. It is now possible for a single financial house to provide a range of financial services including stockbroking, market making, banking, corporate finance, etc. Most importantly, the traditional self imposed separation of banking and securities business has now been broken down.
The Relationship Between Regulations Governing the Financial Services Industry and Fiduciary Duties Under the General Law
Authors: Beatson Jack
Published: November 2023

This chapter concerns the approach courts are likely to adopt to regulatory rules made in the public law sphere which conflict with what, apart from the rules, would be required by the general law. Although it is difficult to consider this without also considering what approach they ought to adopt, as that question will be considered in the Law Commission’s forthcoming Consultation Paper on this topic, I shall attempt to do so. The topic was referred to the Law Commission by the Department of Trade and Industry and the Commission circulated an Issues Questionnaire in November 1990 to assess the extent to which the relationship between the two sets of rules is giving rise to practical difficulty. The reference is confined to public law regulation but although the question whether an activity is within the public law sphere can be a tricky one, this need not concern us since financial services clearly are. Again, while the reference includes duties of care, as this part of the book is concerned with fiduciary obligations this chapter focuses on the relationship of regulatory rules with four overlapping equitable duties imposed on those who act on behalf of clients.
Muslims: The Claim to a Separate System of Personal Law
Authors: Poulter Sebastian
Published: November 2023

Although it is not entirely clear how far back the Muslim presence in Britain extends, there were certainly some Indian Muslims living in England during the eighteenth century. Most of them were servants and ayahs (maids), brought to this country by army officers and nabobs who had made their fortunes as mercantile agents and clerks in the service of the East India Company.
Discretion and Accountability in Prosecution: A Comparative Perspective on Keeping Crime out of Court
Authors: Brants Chrisje , Field Stewart
Published: November 2023

The argument that offenders should only be brought before criminal courts as a last resort, and that diversion from prosecution is often a preferable response to crime, has only recently gained widespread official acceptance within the British criminal justice systems. Such views are of rather longer standing in Holland and this is reflected in the greater variety of diversion ary mechanisms available there and the larger numbers of known offenders kept out of court. On the surface this might be seen as a straightforward reflection of the much-vaunted liberalism of the Dutch system, its greater concern about the negative effects of stigmatization, and greater scepticism about the deterrent effect of the public court appearance. While there is certainly something to this argument, any convincing explanation of the differences in diversionary practices must be rooted in more concrete analysis of contrasts in the institutions and legal culture underpinning respective criminal justice practices.
Sentencing Practice, Policy, and Discretion
Authors: Kelk Constantijn , Koffman Laurence , Silvis Jos
Published: November 2023

The penal culture, and more specifically the sentencing culture, of the Netherlands is in many respects different from that of England and Wales. The English system has a tradition of deterrent sentencing whereas, in the Netherlands, humanitarian concems 1 combined with a greater awareness of the destructive effects of imprisonment have resulted in differentiated and relatively lenient sentencing.2 In the Netherlands the idea that punishment ought to be a last resort, an ultimum remedium, is still a widely shared notion, despite the remarkable increase in very long prison sentences. Obviously in close connection with the Dutch perspective on sentencing there has been a tradition of paying attention to the psychological situation of the offender in relation to the crime. Dutch sentencers cannot escape exposure to the psychiatric and behavioural analysis of prosecuted persons, since an elaborate presentation of professional expertise on these matters is a common feature of serious cases dealt with in court. Therefore it is possible to suggest that there might have developed a significant difference in empathy with and insight into the psychology of offenders be tween Dutch sentencers and their English counterparts.
Conclusion: Europeanization and Convergence: The Lessons of Comparative Study
Authors: Harding Christopher , Swart Bert , Jorg Nico , Fennell Phil
Published: November 2023

It will have been clear to readers of this book that two principal approaches have been taken in discussing these different areas of criminal justice: in the great majority of contributions the format has comprised a comparison of British and Dutch experience, while at the same time a good number of the chapters have been preoccupied with the impact of European developments and initiatives or, as it may be termed, the process of ‘Europeanization ‘. These two analytical approaches have been undertaken in order to assess what may be perceived as an important potential tendency in the development of criminal justice in western Europe: the convergence of different systems, either as a response to external forces such as ‘Europeanization ‘ or for other reasons associated with the internal dynamic of individual systems. A number of the chapters represent an attempt to assess the impact of European legal developments on the criminal justice systems of two West European countries. Two significant points emerge clearly from this collective study. First, the impact of such developments-or, it may be said, the extent of Europeanization-is variable according to which area of criminal justice is under discussion. And secondly, the national reaction to European initiatives and international convergence differs in some import ant respects as between the Dutch and British systems, reflecting differences both in policy and in legal tradition and organization. Ultimately, a study of this kind provokes a basic question: what objectives drive the Europeanization of criminal justice and how well do such objectives accord (or do they conflict) with national aspirations in this field?
Privatizing the Polish Family after Communism
Authors: Kurczewski Jacek
Published: November 2023

Communism, despite its promise, did not abolish the family either in Poland or elsewhere. This does not mean, however, that the family remained unmolested by the Party-State, nor that it did not play a peculiar role in the new configuration of social life which developed under real socialism. The Polish case might seem unrepresentative for various reasons, but close inspection reveals that Communist societies were as different as are democratic societies. To study the general type one needs to investigate the particular case and such investigation will not be meaningful unless the interpretation is made by reference to the general characteristics of social types.
What do Family Members and Friends Expect from One Another at the Transition to Democracy?
Authors: Smigielska Joanna , Czynczyk Artur
Published: November 2023

Despite the minuteness of detail and comprehensiveness of sociological and psychological family studies, the picture of the family that emerges remains shadowy. We realize how very difficult it is to show how the family functions on a day to day basis while at the same time preserving the quality of representativeness. Specific simplifications or exaggerations cannot be avoided. The study reported here is an attempt to describe the functioning of the family: both the everyday activities and the opinions voiced by the family members studied, and addresses the question: what do family members and friends expect from one another? The study is based on the authors’ systematic observations of family communities.
Delegalizing Child Support
Authors: Maclean Mavis
Published: November 2023

This chapter begins by examining the background to and the development of the new British system of assessing and enforcing the financial support due from parents to children who do not live with both their parents. It argues that the scheme follows developments in America and Australia, and marks a change from previous policy towards lone parents in the UK. The parental obligation to share income with children living elsewhere is redefined as beyond dispute with respect to liability and amount, both of which become subject to clear rules administered through a semi-privatized agency. The courts are in the main excluded, with a very limited role for marginal cases and appeals on points of law.
The Social Problem of Child Abuse in Poland: The Conflict between Privacy and Control
Authors: Sobiech Robert
Published: November 2023

It is not easy for the average c1tizen to understand why so many social problems which he sees in his everyday life are not met by a proper response from competent institutions. Similar astonishment arises from the fact that substantial resources are used to solve problems of minor significance, and some matters are tackled without there being any real need to intervene. People expecting effective solutions will certainly not be satisfied by assertions that converting their complaints into appropriate social policies is a complicated process, barely recognized as necessary and not easily modified from the outside.
Children’ s Rights and Adoption
Authors: Kwak Anna
Published: November 2023

The rights of children have been taken into account to a considerable extent in Polish law. They are included in the Constitution, and detailed solutions are present in the regulations of civil law, law on family relations and guardianship, as well as in administrative, labour, and criminal law.
Implementing the Children Act 1989: The Changing Relationship between Local and Central Government
Authors: Masson Judith
Published: November 2023

This chapter examines the impact of the Children Act on the roles of and relationship between central and local government in promoting the welfare of children through measures for child protection and provision of services. Its focus is the development and implementation of the Children Act 1989, a piece of legislation which has been described as ‘ the most substantial reform of child law this century’ (Mackay, 1989).

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Women, Family and Property: British Songs of Innocence and Experience
Authors: Bottomley Anne
Published: November 2023

Although it already seems history, in the sense of a distant past, it is worth recalling that in the 1970s and 1980s, when the women’ s movement in the UK attempted to encapsulate the struggle in a series of ‘ demands’ ; the fifth demand was for ‘ women’ s financial and legal independence’ . This gave rise to a specific campaign group (The 5th Demand Group) and also gave a focus to a series of strategies developed by other women’ s groups, including the women’ s legal collective ‘ Rights of Women’.1 A major concern for feminists within these campaigns was (and is) to argue that, whilst we must recognize the structural inequalities that women suffer from, any legal strategies developed as an attempt to mitigate this must not reproduce models of dependency.
Marriage, Motherhood, and Old-Age Security in the UK
Authors: Joshi Heather
Published: November 2023

Legal marriage gives public recognition of a couple’ s commitment to each other. The institution serves many functions, among them: bearing and rearing children, a division of labour between husband and wife, a pooling of resources, regulation of property, regulation of sexuality, and the provision of emotional and economic stability. This chapter draws attention to a particular aspect of the last feature: marriage as a source of financial security for women in old age. Wives, especially mothers, are almost invariably the financially dependent partner, usually outlive their husbands, and are normally ‘ provided for’ as widows. Marriage is the major mechanism by which those whose work is unpaid gain access to income.
Divorcing Children: Roles for Parents and the State
Authors: Richards Martin
Published: November 2023

The basic argument of this chapter is simple: that parental divorce often damages the life chances of children and the state could, and should, act more firmly to head off some of this damage. In Britain, as in most industrialized countries, the state does intervene at divorce, adopting the rhetoric of preserving or enhancing the best interests of the child. However, such good intentions usually fail because there is little understanding or agreement about what the best interests might be. Where there are clear policies they are usually more concerned at reducing government spending, whether on the judicial system or on direct or indirect support for post-divorce households with children. The chapter will begin by outlining the evidence about the effects of parental divorce for children, before turning to the issue of state intervention in the arrangements that may be made for children.
The Criminal Justice Systems of The Netherlands and England1
Authors: Downes David
Published: November 2023

Comparative criminology is nothing new. In their broadest sense, of contrasting institutional arrangements and/or forms of conduct between whole societies, comparative studies have long been an invaluable, though under-used, resource in historical and socio-economic studies. Travels abroad can be as influential as journeyings at home in the realm of criminal and penal policies. It is difficult otherwise to account for such phenomena as the rapid rise of the penitentiary across the continents of Europe and North America in the first few decades of the nineteenth century. More recently, the appeal of victim-related measures has, from relatively small beginnings in the United States in the late 1960s, fanned out to most liberal democratic societies around the globe. From time to time, Britain has attracted streams of enquirers into the workings of the latest penal or reformative innovation. The Borstal system in the interwar period was much admired abroad. Latterly, the Barlinnie Special Unit offered a ray of hope to those who aim to open up greater possibilities of freedom within walls. In the late 1940s, the Henderson Hospital was one source of inspiration for those embarking on the planning of a new wave of mental hospitals for offenders designated mentally ill in The Netherlands. Reformers naturally look for different things at different times.
Post-war Penal Trends in The Netherlands and England
Authors: Downes David
Published: November 2023

THE broad picture of contrasting trends in penal populations in Britain and The Netherlands is by now familiar to many who have even a passing interest in such matters. Over the past few years, not only have a number of sources dealt explicitly with the contrast in some detail (some of which compare the situation in The Netherlands with societies other than Britain, e.g. Rutherford 1984; Steenhuis et al. 1983), but also the theme has emerged quite distinctly in a number of television documentary series about penal policy in Britain (e.g. London Weekend Television’s ‘Once a Thief ...? in 1986). As a result the contrast between the penal estates of the two societies in terms of a central and indisputable feature-that over a lengthy period there has emerged a sharp and growing divergence in the relative size of their respective prison populations-has gained widespread currency. What remains more problematic, however, are the origins, character, and consequences of that divergence and their implications for penal policy in the future.
Theories of Decarceration: Problems of Accounting for Sentencing Trends in The Netherlands
Authors: Downes David
Published: November 2023

ON the assumption that the reality of the trends dealt with in Chapter 2 have been established, and that they cannot be explained away in terms of crime rates, dear-up rates, or hidden sanctions, the problem remains of accounting for them at all adequately. The problems are particularly acute in the Dutch case, since the rough parallelism between crime rates and rates of custodial sentencing in England are more in line with the canons of consistency and seriousness imputed to sentencers by research into sentencing process. That is not to say that the levels at which consistency and seriousness have come to operate in England are not in themselves problematic. It is that the problems of explanation in the Dutch case are compounded by their evident departure from such canons, despite an operational commitment to them. Nor is it readily apparent that commonsense accounts (which social scientists, if we can use such a pejorative term, are exhorted by politicians to emulate) do the job for us. Both English and Dutch sentencers tend to say alike that they use prison as a ‘last resort’, avoid it in ‘trivial’ or ‘first offences’ wherever possible, and disregard the availability of prison places as a factor in their sentencing. Such affirmations would predict similarity in sentencing trends, rather than the distinct differences that have obtained in the post-war period.
Consequences of Sentencing Trends in The Netherlands
Authors: Downes David
Published: November 2023

BY far the most contentious aspects of the study of sentencing policy are the possible consequences that may be attributed to it. In so far as Dutch sentencing policy has figured in debates about penal policy in Britain, most controversy has centred around the alleged costs and benefits of adopting a similar policy. Those opposed to a more lenient sentencing policy (not least, the Police Federation) have argued that it has led in the Dutch case to a disproportionate rise in the crime rate. Those in favour tend to stress the more tangible benefits that a relatively small prison population can experience in terms of conditions and human rights. Little more can be attempted here than assessment of the difficulties involved in elucidating these issues.
Contrasts in Tolerance: Criminal Justice Policies in The Netherlands and England
Authors: Downes David
Published: November 2023

IN September 1986, in his opening address to the Penal Congress convened to celebrate the centenary of the Dutch Penal Code,Jan van Dijk, head of the Research and Documentation Centre of the Ministry of Justice, spoke of the criminal justice system in The Netherlands as being ‘in serious trouble’. Though no equivalent congress was held, or is readily imaginable, in England, the phrase could equally well, in a year which saw serious rioting in several prisons—one of which was so badly damaged that it has been closed—have been employed to describe the situation there. Although linked by the fact that in both societies rising crime has produced a crisis in penal capacity, the two sorts of ‘serious trouble’ have otherwise profoundly different characters. In England, the obligation of the prison service to accept all persons custodially sentenced by the courts has led to its functioning as a depository for the failure of ‘the system’ to diminish the flow of inmates. The failures of the system are both those of the criminal justice process to use non-custodial measures, and of the larger society to check the rise in crime which feeds it. In The Netherlands, the commitment to keep the size of the prison population within i:he limit set by penal capacity, on a one-to-a-cell basis, has meant that the ‘serious trouble’ arises earlier in the criminal justice process: at the point where, for example, serious offenders have been released from remand in custody because of lack of cell space. The shape of the policies to address the problems also differ quite profoundly.
Corporate Governance And The Auditor
Authors: Rutteman Paul
Published: November 2023

The Cadbury Committee was set up by the Financial Reporting Council, the London Stock Exchange, and the accounting bodies in response to mounting criticism of the quality of financial reporting and the effectiveness of the audit. The context was some well-publicized major scandals involving fraud and the sudden collapse of a number of companies shortly after receiving clean audit opinions. The accounting profession took the initiative in order to deal with the much discussed but ill-defined ‘expectations gap’.
Takeover Bids And United States Corporate Governance
Authors: Lipton Martin , Parmer Morris
Published: November 2023

During the two decades prior to 1990 the hostile takeover bid was the principal tool of corporate governance in the United States. The takeover bid was considered by Wall Street and many academics to be the most effective means by which corporate management could be held accountable for substandard performance or failure to optimize shareholder value. As the number and size of hostile bids grew in the 1970s, they ultimately evolved into the dreaded ‘two-tier, front-end-loaded, bootstrap, junk bond-financed, bust-up takeover’.
The Challenges of Commercial Reorganizations in Insolvency: Empirical Evidence from England
Authors: Rajak* Harry
Published: November 2023

On 29 December 1986 the UK Insolvency Act 1986 (IA) came into force, enacting, inter a/ia, an entirely new corporate rescue regime entitled administration.1 This was a revolutionary development at least in one sense, inasmuch as it provides a corporate debtor with statutory protection (an automatic stay) against enforcement of any claims by its creditors in circumstances other than liquidation. This paper describes a research project,2 still in progress, in which data concerning all companies placed in administration in England and Wales in the first four years of its regime has been collected and is being analysed.
Should We Abolish Chapter 11? The Evidence from Japan
Authors: Eisenberg Theodore , Tagashira* Shoichi
Published: November 2023

Optimizing reorganization proceedings for small and midsized businesses is an important issue in every industrial country. But little information exists about the actual operation of such proceedings. Recent American bankruptcy studies focus either on consumer bankruptcies or on large chapter 11 cases involving publicly listed firms. This paper presents the results of a comprehensive empirical study of Japan’s most frequently used business bankruptcy reorganization provision.
Methodological Issues in Cross Country Comparisons of Commercial Bankruptcy Law: Comment on Papers by Eisenberg Ta gashira, and Rajak
Authors: Gilson* Stuart C
Published: November 2023

The large number of corporate bankruptcies recently seen in most developed market economies has inspired an active debate over what kind of bankruptcy system best serves the goals of public policy and economic efficiency. In the USA reorganization practices as embodied in chapter 11 of the US Bankruptcy Code have come under increasing attack from legislators, academics, and the media. Such criticism has led some to pro pose replacing chapter 11 with an alternative system patterned after the bankruptcy law of some other country, or that takes a market based (rather than legal) approach to dealing with corporate insolvency.’
Some Observations on Fairness, Public Policy, and Reciprocity in Cross-Border Insolvencies
Authors: Boshkoff Douglass G
Published: November 2023

Section 304 of the Bankruptcy Code authorizes ancillary American bankruptcy proceedings upon the request of a foreign insolvency representative. Much has been written about this provision, perhaps an excessive amount considering the relatively small number of times that this statutory fragment has been utilized since it became effective in 1979. Instances of direct application, of course, are not the only measure of this section’s importance. Congress’s authorization of ancillary administrations has been considered important even when no section 304 proceeding was commenced. An accurate assessment of the current American willingness to cooperate with other countries in reaching the best solution to an insolvency problem requires attention to events occurring outside the bankruptcy court.
The Role of Her Majesty’s Inspectorate of Pollution
Authors: Slater David
Published: November 2023

Is HMIP the linchpin of Integrated Pollution Control? That is an interesting view, and not a bad one. Perhaps ‘fulcrum’ captures rather better the notion of HMIP as providing the balance point between two apparently opposing interests. Whether they are actually strongly opposed is a moot point. Economic growth is essential if we are to maintain and improve living standards around the world, and to afford the care for the environment that sustainable development demands. But it is important to emphasize that HMIP appreciates that IPC is only one device which the Government has available to implement its overall strategy for environmental protection. There are other devices; some are already in place; others may come in the future.
Environmental Barriers to Trade and European Community Law
Authors: Coleman Martin
Published: November 2023

Balancing free trade and environmental protection is a delicate exercise. Regard for the environment, particularly in richer, industrialized countries, has led to the rapid development of environmental legislation which has had the effect of restricting trade: the potential for protectionist ambition to masquerade as environmental concern—’green protectionism’ —is apparent. This paper examines the problem at European Community level in its worldwide context.
Environment and Trade: The GATT/WTO Regime in the International Legal System
Authors: Kingsbury Benedict
Published: November 2023

Connections between environmental protection and international trade have been recognized for many decades. In recent years the political rise of environmentalism has focused acute attention on possible conflicts between environment and trade values and rules. National environmental law has become more comprehensive and more central in most polities, and present or proposed measures of environmental protection often touch matters addressed by international trade rules. International environmental law has also developed rapidly, with little systematic consideration of its relation to existing or evolving rules of the international trading system. The ability of institutions engaged with the law and policy of international trade to take account of environmental law and policy has varied sharply. The principal global trade institution of the period since the Second World War has been the General Agreement on Tariffs and Trade (GATT), which has evolved considerably through practice and through formal agreements reached in eight negotiating rounds culminating in 1994 in the Uruguay Round agreements folding GATT into the newly established World Trade Organization (WTO). The inability of the GATT/WTO regime to adapt trade rules to take fuller account of emerging environmental concerns has led to present and potential conflicts, not only of policy but also of legal obligation.
Co-ordination of Anti-Dumping and Competition Considerations at the Domestic Level
Authors: Marceau Gabrielle
Published: November 2023

Before proposing a fusion of anti-dumping and competition laws in NAFTA(which is done in Part IV), the present chapter focuses on the state of the law, i.e. on the actual interaction and co-ordination of competition considerations in national anti-dumping laws. Competitive considerations can be introduced, by various means and at various levels, into the anti-dumping process in order to render anti-dumping laws more competitive and to reduce the level of anti-dumping duties. For instance, anti-dumping duties could be reduced if (1) the margins of dumping are reduced;1 (2) anti-dumping duties would not cover the full margin of dumping; or (3) the interests of various interest-groups were considered when assessing causal injury. If commercial users and consumers had more procedural and substantive rights in the antidumping process, antidumping determinations would probably be more competitive. This would tend to dissolve and reduce the national privileges in favour of regional consideration of strongest interests. Private enforcement by commercial users would be an efficient way towards the gradual introduction of regional competition considerations.
Experiences of Other Free-Trade Areas in Dealing with Internal Trade Measures
Authors: Marceau Gabrielle
Published: November 2023

The purpose of this chapter is to look at the way states which share closer economic relations have dealt with anti-dumping and anti-trust issues and other transnational restrictive business practices. Five models of free-trade agreements are analysed for their different solutions in dealing with competition: (1) the European Free Trade Association, EFTA; (2) the free-trade agreements between countries of the EFTA and the European Economic Communities (EEC), hereafter called ‘EFTA-EEC FTAs’; (3) the new European Economic Association agreement, the EEA; (4) the new free trade area between the EEC and Poland (together with Czechoslovakia and Hungary, called the Europe Agreements); and (5) the free-trade area between Australia and New-Zealand at its different stages, the Australia New Zealand: Closer Economic Relations-Trade Agreement, hereafter called the ‘Trans-Tasman CER’.
Parameters, Issues, and Comments on an International Code on Competition
Authors: Marceau Gabrielle
Published: November 2023

As discussed in Chapter 2, the idea of an international agreement regulating restrictive and detrimental practices by firms is by no means new. Labour, peace, and trade organizations have at various times suggested that the behaviour of private firms should be regulated so that they do not inhibit efforts by states to stimulate trade, increase welfare and quality of life, and ultimately, avert wars. The idea of an international code on competition is now back on the agenda of international fora because of trade imbalances. Newspapers are full of US condemnations of Japanese business practices and European subsidies.
Conclusion
Authors: Marceau Gabrielle
Published: November 2023

Actual policies, substantive rights, and procedural standards of anti-dumping laws differ from those of anti-trust (or competition) laws. It was argued in Chapter 3 that the differences between rights and obligations imposed on domestic producers, as opposed to those imposed on foreign exporters, violate the obligation of National Treatment as contained in Article III of the GATT and Article 301 of the NAFTA. Within a free-trade area, the difference in treatment between domestic firms (and firms from another member state may become more apparent and counteracts the efforts of member states to create a free-trade territory.
Conditions & Consequences of Participation
Authors: Cohn Ilene , Goodwin-gill Guy S
Published: November 2023

WE INVESTIGATED THE TRAINING PROVIDED and tasks assigned to younger soldiers in an attempt to understand whether there are any military-strategic rationales for using children, rather than adults, in the course of hostilities. Whenever the use of children was deliberate, the strategy was seemingly based only on the expendability or the exploitability of children. Iranian children, for example, were sent in waves over minefields. Mozambique’s RENAMO and Cambodia’s Khmer Rouge in tum exploited the vulnerability of children, recognizing that a brief period of mental terror and physical abuse produced particularly fierce warriors.1 A journalist who visited Afghan Mujahedin training schools and camps for minors observed children at their usual task of carrying water.
Findings & Recommendations
Authors: Cohn Ilene , Goodwin-gill Guy S
Published: November 2023

THIS STUDY HAS BROADENED OUR own understanding of the reasons why children take up arms or are forced to fight, even as it has confirmed the complexity of the issue, at the levels of law, policy and programmes. This work is very much part of a process; we hope it is a step towards showing that something can be done to prevent children from taking up arms, and that it provides some ideas and suggestions for the development of responses to this tragic and avoidable phenomenon.
New Zealand
Authors: Barnard Laurette
Published: November 2023

New Zealand is a common law country. Its law on jurisdiction is derived partly from statute (which has overriding force) and partly from precedent. In the absence of a New Zealand statute or precedent in point the courts will refer to the case law of other common law countries and academic commentaries as persuasive authorities.

The New Zealand courts are generally entitled to exercise jurisdiction in personam whenever the defendant has been validly served or submits to their jurisdiction:

Service can be validly effected whenever the defendant (or his or her authorized agent) is present in New Zealand, however temporarily.

The courts will be vested with jurisdiction in personam where litigants over whom they would not otherwise enjoy jurisdiction submit to their jurisdiction. Submission can be express, such as where the litigants have incorporated a New Zealand forum clause in their contract.
Switzerland
Authors: Siehr Kurt
Published: November 2023

The Swiss law of civil procedure is not unified. There is one statute dealing with procedure in the Federal Court whereas the procedure of the inferior courts is regulated by codes of civil procedure in every one of the twenty-six cantons. None of these statutes provides proper rules for forum non conveniens (as to exceptions see below, at I, 3(c)) and legal theory has not developed such a doctrine. Swiss literature on forum non conveniens is mainly limited to information about the doctrine of forum non conveniens as applied in foreign countries. Efforts to introduce and codify such a doctrine have not been successful.

The Swiss system of jurisdiction, as in many other continental European legal systems, is based on at least two basic principles. First, the defendant has to be sued in the place with which he is most closely connected (normally his domicile or habitual residence). The physical presence of the defendant or his subjection to the power of competent courts is not decisive. The other principle is that the plaintiff is more or less given the right to bring his cause of action in this place of principal jurisdiction.
Introduction
Authors: Stone Julie , Matthews Joan
Published: November 2023

The astonishing growth of complementary medicine over the past decade is now so well documented as to be beyond dispute. Recent surveys have revealed that as many as one in four of the United Kingdom population may now use complementary therapies, a statistic whieh would appear to be broadly paralleled throughout many of the industrialized countries of the West. A major survey estimates that one in three American adults used some form of complementary therapy during 1990. To meet increased public demand, the number of complementary health practitioners in Britain has been increasing at an estimated rate of 10 per cent in each year since the mid-1980s. This demonstrable public confidence and support for non-conventional medicine has encouraged a number of more well established therapies to initiate or renew efforts towards achieving legislative recognition of their status.
Regulation of Health Care
Authors: Stone Julie , Matthews Joan
Published: November 2023

If regulation can be defined in simple terms as the means by which control is exercised over the exchange of goods and services in society, then the practice of medicine has been regulated for centuries. Today, medicine is one of the most highly regulated of all economic and social activities in Britain. By contrast, and despite the Osteopaths Act 1993 and the Chiropractors Act 1994, there is still an almost total absence of formal statutory regulation in relation to complementary medicine. In Britain, while the practice of medicine is coming under increasingly close control as a consequence of the reforms of the National Health Service, regulation of the profession is still largely in the hands of the profession itself, through the General Medical Council (GMC).
Criteria Which May Shape Regulation
Authors: Stone Julie , Matthews Joan
Published: November 2023

The term ‘complementary medicine’ groups together so many diverse therapies, that it is now generally accepted that no single regulatory solution will be appropriate for all therapies. Thus, we shall begin our examination by looking at some of the features of complementary therapies in an attempt to identify criteria that will act as a determining influence on the shape of regulation. We shall also ask whether there is any correlation between certain features of these therapies and the types of regulatory solutions in which they are interested.
Voluntary Self-Regulation
Authors: Stone Julie , Matthews Joan
Published: November 2023

Given the doubts expressed in previous chapters as to the suitability of either statutory control or common law mechanisms for providing an adequate basis for the regulation of most complementary therapies, we must now look very carefully at the existing voluntary mechanisms regulating complementary medicine. Since neither the Osteopaths Act 1993 nor the Chiropractors Act 1994 have yet come into force, the whole of complementary medicine is voluntarily self-regulated at the present time. The purpose of this section of the book is to look at some of the self-regulating structures that are in place and to investigate how successful they are at protecting the public and ensuring high standards of practice.
Introduction: Corporate Control: Changing Concepts and Practices of the Firm
Authors: Bratton William W
Published: November 2023

This volume brings together lawyers, accountants, sociologists, and economists to explore some central themes of the legal and organizational accountability of the public corporation. The papers collected in this volume also offer the first sustained attempt to transcend the new institutionalist and contractarian visions which, during the 1980s, became the mainstream perspectives in academic and policy-oriented discussions of the corporation.
Public Values, Private Business, and US Corporate Fiduciary Law
Authors: Bratton William W
Published: November 2023

Legal theorists and legal decision-makers deal with the same corporations. But they deal differently. The theorists aspire to provide objective answers to all questions. Their theories tend to pose clear-cut, determinant choices among alternatives. Legal decision-makers share the theorists’ aspirations. But, in the world of cases and legal practice, the subject-matter of legal debates never seems to be determined once and for all by reference to an objective theory or a meta-ethical scheme. Though legal decision-makers aspire to theoretical certitude and consistency, in the end they tend to mediate between the alternatives.
The Many-Headed Hydra: Networks as Higher-Order Collective Actors
Authors: Teubner Gunther
Published: November 2023

Alarm about the Japanese invasion of Western markets has been exacerbated by the realization that the Japanese are using downright organizational monsters. Evidently the Japanese strategies operate not only through prices and quality, but at the same time through new types of ‘organizational weapons’. Western observers, taken aback, record the use of hybrid organizations-’something between market and organization’ (Thorelli 1986)-that cannot be fitted into the usual organizational patterns of Western practice and theory. The Japanese keiretsu, an aggressive group of vertically co-operating Japanese firms, behaves as a hybrid between organization and market. Here a core firm controls tightly linked supply and distribution networks without having any equity ownership in the supply and distribution firms (Imai and Itami 1984; Gerlach 1989). Such intermediary organizations operate in Japan not only in the production sphere, but particularly in the R & D sector, in the relations among banks and other firms, and even in the links between government and private firms (Dore 1987). The secret of Japanese success seems to depend in no small measure on this ‘third arena of allocation’, which is of enormously greater scale in Japan than in the West (Twaalhoven and Hattori 1982; Imai, et al. 1985; Kaneko and Imai 1987; Wolf 1990: 106.).
Efficiency and Power Theories of the Firm
Authors: Marginson Paul
Published: November 2023

The question of why productive activity should be organized within firms has stimulated considerable debate between proponents of two broad paradigms. New institutionalists, notably Williamson (1975, 1980, 1981), have tried to demonstrate that the evolution of the firm from the puttingout system to the large modern corporation has taken place primarily for efficiency reasons. By contrast, radical authors, such as Marglin (1974) and Edwards (1979), have stressed the search for superior means of management control over labour as the underlying dynamic explaining the evolution of the firm (see McPherson 1983 and Putterman 1986 for reviews of the relevant literature). Both approaches signify an important departure from the standard neo-classical theory of the firm, in which the production of outputs from inputs is treated as a purely technical relationship. This is because forms of work organization are considered to affect the transformation of inputs into outputs.
Contracts, Trusts, and Companies
Authors: Bradley Caroline
Published: November 2023

The conceptualization of corporations as complex networks of contracts between the different interest groups involved has proved to be a powerful tool for the understanding of these entities. The various contracts which are supposed to exist are those involving shareholders, directors, employees, and creditors of the company, but the aspect of this nexus of contracts which has received most academic attention, and which is the subject of this chapter, is that which concerns the relationship between the shareholders and the directors of large companies. The reasons for this focus are clear: a major concern of academic company lawyers and economists is the extent to which corporate management puts, and should be allowed by law to put, its own interests before those of the owners of the company. Manne (1967: 284) has suggested that ‘large corporations function in a largely permissive framework and . . . market forces rather than legal ones have dictated their organization and structure’ (but cf. Campbell i990). The courts, however, have recognized that problems arise in relation to large companies involved in public securities markets (see Caparo v. Dickman, 1990: 376).
Banks and Corporate Control in Germany
Authors: Baums Theodor
Published: November 2023

In their seminal treatise of 1932 Berle and Means described the separation of ownership and control in the big American corporations with widely dispersed ownership. The small investor in the public corporation does not engage himself in the affairs of the corporation, and does not exercise his rights as a shareholder. When shareholdings are dispersed, a collective action problem leads to ‘rational apathy’ on the part of the small investor. In this case it is better for the investor to rely on the control and monitoring of management by other participants (‘free-riding’) or on legal provisions, like fiduciary duties, or, if necessary, he ‘votes with his feet’. In these companies management is not effectively controlled by shareholders. As a result, the ‘market for corporate control’ developed to discipline management. Much empirical research appears to confirm the view that the hostile take-over is a rather costly and blunt solution to the problem of how to correct management failure (Eisenberg 1989: 1497).
The Eighth Directive
Authors: Edwards Vanessa
Published: November 2023

The Eighth Directive on the approval of auditors is an essential complement to the Fourth and Seventh Directives on company accounts, which impose an audit requirement for both annual and consolidated accounts: the imposition of a Community-wide standard for the preparation and certification of company accounts would in practice have limited effect if those required to audit the accounts themselves had divergent qualifications and were not subject to equivalent requirements of independence and integrity. The Eighth Directive seeks to ensure that auditors in all Member States have equivalent minimum qualifications. It does not seek to go beyond the harmonization of minimum qualifications: in particular, it does not aim to realize the mutual recognition of degrees or other qualifications, to achieve freedom of establishment or freedom to provide services in favour of persons qualified as auditors or to deal with the issue of auditors’ liability.