bluuebunny/crossref_metadata_2025 huggingface dataset:
Substantive Irregularity
Authors: Amerasinghe C F
Published: November 2023

A Decision taken in the exercise of a discretionary power may, as already pointed out, be vitiated by substantive irregularity. This kind of irregularity or defect pertains to the substantive content of the decision taken, as contrasted with the motive for the decision or the procedure followed in the taking of the decision. Thus, for example, the facts on which a decision is based, the conclusions drawn from the facts established, and the relationship of the elements of the decision or the acts upon which it rests to the governing law are matters concerning the substance or content of the decision. It is now generally accepted that there are irregularities connected with the substance of a discretionary decision which are subject to review by tribunals. There was never any serious doubt about this. The question is what is the nature and extent of this control that tribunals exercise over the substance of discretionary decisions taken by an administrative authority in the exercise of its discretionary powers, granting that there can be no substitution of judgment by tribunals.
Procedural Irregularity
Authors: Amerasinghe C F
Published: November 2023

International administrative tribunals have not hesitated to emphasize the need for a fair procedure to be followed in the taking of discretionary administrative decisions. The recognition of the right of staff members to a fair procedure in the taking of discretionary decisions is particularly important, because it is often difficult to prove the existence of irregular motives or détournement de pouvoir as a ground for judicial review of a discretionary decision. Procedure is a more tangible element in the decision-making process than motive or purpose and, therefore, the violation of a procedural requirement is more susceptible of proof than an abuse of purpose or an improper motive. Thus, judicial review of procedural factors constitutes a significant means of checking arbitrary action on the part of administrative authorities.
The Authority to Grant Remedies and their General Nature
Authors: Amerasinghe C F
Published: November 2023

The Statutes of most international administrative tribunals deal with the remedies which may be granted by the tribunals. Thus, in the case of the UNAT Article 9 of the Statute contains the provisions on remedies. The Statutes of several other international administrative tribunals have similar, though not exactly the same, provisions. In many of these cases there are slight variations but substantially the effect of the provisions is the same. For example, in the case of the WBAT the normal maximum amount for compensation awarded is years’ net pay and not years’ net base salary, as in the case of the UNAT, while in other respects the provisions are similar to those of the UNAT Statute.
Remedies in the International Administrative Tribunals of the European Institutions
Authors: Amerasinghe C F
Published: November 2023

It is convenient to consider in the same chapter but separately the jurisprudence of the administrative tribunals of the European institutions. There are five such institutions which are extant and have administrative tribunals whose decisions are made public. They are the Council of Europe, BSA, NATO, OECD, and the European Communities. ESRO and ELDO which merged to form BSA are now non-existent but had during their existence administrative tribunals whose decisions were published.
The Extension of the Internal Market in the Framework of the European Economic Area
Authors: Eeckhout Piet
Published: November 2023

In the previous chapters the external dimension of the internal market pro gramme was analysed, taking as a basis the (internal) legal instruments adopted or applied by the Community. The aim was to study this external dimension as it applies to trade and economic relations between the Com munity and third countries in general. Of course, there have been references to relations with certain specific third countries, such as the United States and Japan, but these references were mainly part of sketching the setting of Community measures. In general, the content of the latter does not discriminate between the various trade partners of the Community.
Using the Models in Practice
Authors: Fionda Julia
Published: November 2023

THE prosecutor is inherently involved in the sentencing process and the three models expounded in the last chapter illustrate theoretical bases upon which this sentencing role can be analysed. The models are theories; they are not descriptive of the prosecution function in any one jurisdiction. They are useful, however, in finding a justification and rationale for the development of this part of a prosecutor’s duties. The models also have a practical application, as tools for considering the common problemsen countered in any criminal justice system where informal, administrative decision-making becomes a prominent feature. The core tenets of the models are not restricted to an analysis of a prosecution system, but they were constructed from a study of that branch of the criminal justice process. The applicability of any theory of criminal justice is as varied and complex as the system itself. Just as the branches of the system are not discrete but interlinked, so too are the theories that seek to rationalize them.
Rights and Responses to Terrorism in Northern Ireland
Authors: Rodley* Nigel S
Published: November 2023

The present chapter is being written at a time of guarded hope. On 15 December 1993, the Prime Minister of the United Kingdom of Great Britain and Northern Ireland and the Taoiseach of the Irish Republic issued the Downing Street Declaration of principles aimed at inducing the Irish Republican Army (IRA) and Sinn Fein to accept ‘a permanent end to the use of, or support for, paramilitary violence’. Then, ‘democratically mandated parties which establish a commitment to exclusively peaceful methods and which have shown that they abide by the democratic process’ (presumably including Sinn Fein) will be ‘free to participate fully in democratic politics and to join in dialogue in due course between the Governments and the political parties on the way ahead’.
Freedom of Assembly
Authors: Murphy Thérèse
Published: November 2023

‘Moral panics’ and ‘folk devils’ became part of popular academic vernacular in the early 1970s and the frequency of their deployment has not waned since. A current, but quintessential, example of the genre is that which surrounds ‘law and order’ in the United Kingdom. This particular moral panic started with a creeping unease in the 1980s and is now full blown with the enactment of the Criminal Justice and Public Order Act 1994. At the core of this panic is an image of the past-particularly, those years in the immediate post-Second World War period-which is clothed in the glories of a golden age. This past carries with it a vision of life in a South-of-England village idyll where community triumphs and the Queen’s Peace is unruffled. The image is nourished by the now-remarkable power, and electoral significance, of ‘law and order’ politics. The political purchase of this politics is enhanced by the absence of debate on the appropriate substance of the concept of ‘order’ in a modern liberal democracy. The preponderance of synonyms for the word ‘order’ exacerbates the problem because such synonyms increase the appeal of ‘order’, but reduce the odds of substantive definition. This appeal factor can be seen in Lord Scarman’s official report on the 1974 Red Lion Square disorders. Scarman began with ‘first principles’: ‘our fundamental human rights’ include ‘without doubt, the rights of peaceful assembly and public protest and the right to public order and tranquillity’. He then penned a paragraph which never fails to capture the imagination:
When can a Claimant Acquire Secured Rights via Subrogation?
Authors: Mitchell Charles
Published: November 2023

The question when a claimant should be entitled to acquire secured rights via subrogation is closely linked to the more general issue of when restitutionary claimants should be entitled to assert any kind of proprietary claim. This general issue has been widely discussed in recent years,1 but two differing accounts in particular must be mentioned here,2 each of which has different implications for the law of subrogation. In Birks’ view,3 a claimant should be permitted to assert a proprietary claim only where he can show that he began by owning, and that he thereafter retained some legal or equitable proprietary interest in, the property which he seeks to recover; in contrast, Goff and Jones4 contend that the courts can in appropriate circumstances retrospectively deem a claimant to have an equitable proprietary interest sufficient to allow him to assert a proprietary claim. The criteria to which the courts should refer when deciding whether to deem such an interest should in Goff and Jones’ view be the basis of a plaintiff’s claim, whether the defendant was aware of the facts supporting the plaintiff’s claim, and whether the defendant is solvent.
Legal Compulsion II: Simple Subrogation
Authors: Mitchell Charles
Published: November 2023

In the cases discussed in this chapter, a party S is legally compelled to pay RH in respect of an obligation owed to RH by PL but, for reasons which will be discussed, S’s payment leaves RH’s rights against PL intact. They are not extinguished by S’s payment. In Section A will be considered the position of an indemnity insurer which is legally compelled to pay its insured in respect of an insured loss for which a third party is liable; in Section B will be considered the position of a drawer or indorser of a bill of exchange (other than an accommodation bill)1 who is legally compelled to pay the bill’s holder, although it is the acceptor of the bill who is primarily liable for paying it.
Quota Transfers
Authors: Cardwell Michael
Published: November 2023

The transfer of milk quotas has proved central to the operation of the quota system. Over and above the practical aspects of such transfers, there is an argument that, on a more theoretical level, they provide a revealing insight into the nature of milk quotas themselves; and, in particular, the relationship of quota with land. In this context it is impossible to ignore the vigorous trade in quota which has developed in some Member States, notably the United Kingdom and the Netherlands. The scale of this trade can he easily be underestimated. For example, the Milk Marketing Board of England and Wales calculated that by the fourth year of the milk quota system (the 1987/8 milk year) some 910,200,000 litres were transferred. For the same year it was estimated that the average price for quota permanently transferred amounted to 28 pence per litre, and that the average price for quota temporarily transferred amounted to 5 pence per litre per annum.
Drawing the Strings Together
Authors: Reynolds F M B
Published: November 2023

Of the jurisdiction whose law was discussed at the seminar, the most striking development have oocured in Australia and new zealand Australia is the subject of a through survey in the first paper by Cheif Justice Gleeson, and it seems appropriate therefore to start with that country.
Diminished Responsibility and Infanticide
Authors: Mackay R d.
Published: November 2023

In cases of murder the mandatory penalty obviously poses problems when dealing with the mentally disordered offender. Rather than follow the recommendation of the Royal Commission on Capital Punishment for extending the insanity defence,1 the Government eventually decided to borrow the notion of ‘diminished responsibility’ from Scotland,2 in order to give trial judges discretion over the sentencing of such offenders. The source of this discretion is contained in section 2(1) of the Homicide Act 1957 which states: Where a person kills or is a party to the killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing.
Unfitness to Plead
Authors: Mackay R d.
Published: November 2023

The law on disability in relation to the trial, or ‘unfitness to plead’ as it is more commonly known, has received scant attention in recent years.1 The last major review of this complex and neglected area of criminal law was in 1975 when the Committee on Mentally Abnormal Offenders,2 (known as the Butler Report) recommended sweeping reforms. However, as was recently pointed out by the Law Commission in its commentary on the Draft Criminal Code: some of the Committee’s procedural proposals were controversial. A consultative document issued by the Home Office in 1978 referred in particular to serious doubts as to the practicability of a recommendation that if the defendant is found to be under disability there should nevertheless be a ‘trial of the facts’-at once if there is no prospect of the defendant’s recovering, or as soon (during periods of adjournment not exceeding six months in total) as he may prove unresponsive to treatment.
Secured Debt
Authors: Röver Jan-Hendrik
Published: November 2023

The legal life of the debt (or the ‘claim’, as it is referred to by some secured transactions laws) secured by a security right is not a matter for security law but for contract law.1 Security law must, however, determine three general points with respect to the debt secured by the security right::
Charged Property
Authors: Röver Jan-Hendrik
Published: November 2023

Proprietary security is security in defined assets and provides satisfaction limited to these assets only.1 Similar to the situation of the secured debt, security law must determine three general points with respect to the issue of the secured property (also referred to as ‘charged’ property in this study):2
Transfer of Security
Authors: Röver Jan-Hendrik
Published: November 2023

Security rights may not continue to be held between the initial parties to the security agreement but may be transferred to new securityholders. National secured transactions laws therefore have to deal with the requirements of a transfer of security, which may be dependent on, or independent of, the secured debt.
Rights and Obligations of The Person Giving Security and The Person Taking Security Inter Se Prior To Enforcement
Authors: Röver Jan-Hendrik
Published: November 2023

Bulgarian law offers a number of rules on the personal rights and obligations of the secured parties which are, however, by no means comprehensive nor can they claim to be in any way systematic. The parties are well advised to deal with their rights and obligations contractually.
Enforcement of Security
Authors: Röver Jan-Hendrik
Published: November 2023

Enforcement is the ultimate stage of the security right; the mere prospect of an enforcement of the security right may in itself affect the debtor’s actions as well as the actions of the person giving security. The security right may be enforced simply by the security holder against the person giving security. However, other creditors may enforce against the security holder as well, in which case the security holder will find himself in competition, with the race going to the swiftest which is avoided under the insolvency regime.1 Outside an insolvency situation the following issues have to be considered:
Self-Determination in Modern International Law: International Instruments and Judicial Decisions
Authors: Musgrave Thomas D
Published: November 2023

Until the Second World War the principle of self-determination remained essentially a political concept. Although self-determination provided the underlying rationale for Article 22 of the Covenant of the League of Na tions, the principle itself did not appear anywhere in the Covenant as a general proposition of international law. In the Aaland Islands case1 self determination was held not to be a part of international law, except in cases of oppression.
Irredentism
Authors: Musgrave Thomas D
Published: November 2023

Secession within a state does not generally fall within the jurisdiction of international law. An ethnic group in one state is at liberty, from the standpoint of international law, to secede and form its own nation-state. However, ethnic groups often comprise inhabitants of more than one state. Irredentism involves self-determination by members of a single ethnic group who inhabit more than one state. Irredentist claims may arise in a number of ways. A state may lay claim to territory of another state or non self-governing territory on the basis that the inhabitants of that territory are of the same ethnic stock as the population of the claimant state. Or, an ethnic group may seek to secede from one state in order to join another with which it shares an ethnic affinity.. The population of a non-self governing territory may seek integration with a neighbouring state of the same ethnic stock upon decolonization.
Introducing Claiming
Authors: Smith Lionel D
Published: November 2023

Perhaps the most important point made in Chapter 1 was that the process of tracing, like the process of following, is analytically distinct from the question of what rights can be asserted in the traceable product of the plaintiff’s value. Part II of the book examined some of the details of following, while Part III was concerned to explore the process of tracing in detail. This part of the book turns to the question of ‘claiming’. Its goal is to define what kinds of rights the process of tracing-and, to a lesser extent, the process of following-can allow a plaintiff to assert.
The Action for a Failure to Act
Authors: Albors-Llorens Albertina
Published: November 2023

The action for a failure to act is a remedy closely related to the action of annulment in so far as, whilst annulment proceedings aim at the removal of illegal acts, the action for a failure to act seeks to challenge the unlawful inaction of Community Institutions. Therefore, it represents the logical complement1 in judicial review in relation to the action of annulment. If only the action of annulment were available to ensure that the EC institutions acted within the limits of the law, there would be situations where the Community executive could abstain with impunity from adopting legislation or from taking decisions in situations where it ought to act. The closeness between the two recourses is evident and, as the Court has repeated consistently ‘both prescribe one and the same method of recourse’.2 This remedy appears regulated in all three Community Treaties.
Financing Projects through the Capital Markets-a South East Asia Perspective
Authors: Barratt Jeffery
Published: November 2023

Much excitement has been generated recently about the possibility of financing projects through the capital markets.

‘Securitise your power station’

‘144A your toll road’

‘Finance your petrochemical plant through the capital markets
International Human Rights
Authors: Dugard John
Published: November 2023

Human rights have played a prominent role in international law since the conclusion of World War II and the creation of the United Nations. South Africa has taken no positive part in the development of international human rights jurisprudence on account of its policy of apartheid. From a negative perspective, however, South Africa’s contribution has been considerable as United Nations action against apartheid, taken in defence of human rights, succeeded in generating many new norms which have added substantially to the corpus of international human rights law.
Equality and Equal Protection
Authors: Davis Dennis
Published: November 2023

Most constitutions seek to promote both liberty and equality as their guiding principles. Taken together they appear to represent a commitment to improve the life chances of individual citizens. Some might argue that liberty is valuable for its own sake and that it places such a fundamental metaphysical claim upon us that it must be constitutionally protected no matter what the consequences. However, if this claim is correct, it cannot simply be asserted. It must be proved, which in itself raises a host of controversial philosophical problems.
The Criminal Justice Act 1993
Authors: Windlesham Lord
Published: November 2023

On 13 May 1993, immediately after Prime Minister’s Questions in the House of Commons, the Home Secretary, Kenneth Clarke,1 made a statement about the criminal justice system. An ‘unexpected and welcome’ opportunity had arisen, he said, to amend a Bill currently before the House so as to ‘improve the working of the Criminal Justice Act 1991’ and ‘strengthen the powers of the courts in other important respects’.2 Useful and necessary, albeit in a minor key, the Criminal Justice Bill (HL) had attracted little notice since it was brought from the Lords (where it had originated) on 10 December 1992. It had been given an unopposed Second Reading on 14 April and was due to go to a Standing Committee for detailed consideration in late May and early June. The policy objectives were to extend the jurisdiction of the courts to try various offences of dishonesty when they involve a significant foreign element; to counter more effectively offences of money laundering; to amend the confiscation provisions of the Drug Trafficking Offences Act 1986 and the powers in the Criminal Justice Act 1988 relating to confiscation of the proceeds of other serious crimes; and to implement a European Community Directive on insider dealing in securities.
Partisanship and Compromise
Authors: Windlesham Lord
Published: November 2023

By the time the legislators returned to Washington for the 2nd Session of the 103rd Congress in late January 1994 they had seen concern about crime climb in the polls and had been reminded of its compelling importance to their electorates. As at Westminster, when MPs had brought back from their constituencies after the Easter Recess the same year a determination to compel the Government to act on violent videos, so did Representatives declare that legislation on crime was a top priority.1 The President echoed the popular sense of urgency. In his State of the Union Address Clinton characterized the problem of violence as an American problem without any partisan or philosophical element. He admonished members of Congress ‘to find ways as quickly as possible to set aside partisan differences and pass a strong, smart, tough crime bill’.2 In endorsing the three-strikes law, and mentioning Polly Klaas by name, he drew the longest ovation for his speech. The rapidity of Clinton’s conversion to the policy of threestrikes owed more to the promptings of his private pollsters than the caution of the Department of Justice.3 Biden for one was taken by surprise, having only shortly before dismissed the three-strikes policy as ‘wacky’.
Ending the Insanity
Authors: Windlesham Lord
Published: November 2023

The closing scene could have been portrayed as the finale of a compelling action drama, were it not for the gravity of the consequences when the elected representatives of a legitimate democracy were in the throes of arriving at such a long drawn-out conclusion. It was fitting that the decision lay with the United States Senate, where 100 Senators, some far-sighted and others with their gaze directed singlemindedly towards the imminent mid-term elections, had the last word on the legislative measure which had consumed so much time over two sessions. The President sensed that the Senate was more than simply a final fence to be surmounted in the steeplechase that law-making in Washington had proved to be for his Administration. Senators needed to be treated with respect and encouraged to take a statesmanlike view.
Profit and Virtue. Economic Theory and the Regulation of Occupational Health in Nineteenth and Early Twentieth Century Britain
Authors: Bartrip Peter , Hartwell R M
Published: November 2023

As a scholar Donald Harris is perhaps best known for his work on com pensation for illness and injury. However, as Director of the Centre for Socio-Legal Studies he not only did much to nurture the emerging law and economics tradition, but provided strong support for research in law and social history. It is therefore appropriate that this essay should embrace the disciplines of law, history, and economics. Its aim is to examine nineteenth-century regulation to safeguard the health of industrial workers in the light of modern theories of economic regulation. This brings together the interests of the two authors, Bartrip, who has worked extensively on the history of health and safety at work (Bartrip, 1979a, 1979b, 1988, 1996; Bartrip and Burman, 1983; Bartrip and Fenn, 1988, 1990), and Hartwell, who is interested in the growth of government since the industrial revolution (Hartwell, 1994). It brings together, also, two bodies of literature, the large historical literature on ‘government and industry in Britain’ (e.g. Grove, 1962; Checkland, 1983), which is of long standing, and the more recent literature on public regulation (e.g. Peacock, 1984; Tomlinson, 1994).
Violence, Racism, and Crime Surveys: Capturing the Process of Victimization
Authors: Bowling Benjamin
Published: November 2023

There is an obscenity in the functioning and omnipresence of opinion polls as in that of publicity. Not because they might betray the secret of an opinion, the intimacy of a will, or because they might violate some unwritten law of the private being, but because they exhibit this redundancy of the social, this sort of continual voyeurism of the group in relation to itself: it must at all times know what it wants, know what it thinks, be told about its least needs, its least quivers, see itself continually on the videoscreen of statistics, constantly watch its own temperature chart in a sort of hypochondriacal madness [Baudrillard 1989: 210].
Findings of Ill-Treatment
Authors: Evans Malcolm D , Morgan Rod
Published: November 2023

The first CPT report which is sent to a state begins with a preface re printed from the First General Report of the Committee.1 This stresses, inter alia, the following. First, that the CPT is not a judicial body and so it is not concerned with establishing as a matter of fact that breaches of treaty obligations regarding torture or inhuman or degrading treatment or punishment have occurred. Secondly, that the ECPT aims for ‘conflict avoidance’ not ‘conflict solution’ and so the CPT is concerned with prevention through a process of co-operation.
Governing Without Intelligence
Authors: Tomkins Adam
Published: November 2023

The Scott inquiry was the longest and most public investigation into Britain’s security and secret intelligence communities that we have ever seen. Yet little has been said of this aspect of the Scott inquiry either in the parliamentary debates which followed the publication of the report or in the subsequent literature.1 On one level this is not surprising. There is no chapter of the Scott report headed ‘intelligence’ to which one can turn to find with ease what Scott has to say about the successes and failures of the intelligence services in the story which the inquiry uncovered.
The Structure of Influence in Bankruptcy Law-making
Authors: Carruthers Bruce G , Halliday Terence C
Published: November 2023

Political influence in law-making arrays along two dimensions. Law making has a temporal structure: it unfolds along a time line. At first blush, this observation appears obvious to the point of triteness. Closer examination, however, reveals that how events unfold through time produces opportunities and introduces constraints that variously benefit those actors with the power to set and unset agendas. Time is a resource that can be manipulated by prolonging a reform cycle or speeding it up, by widening or narrowing agendas, by adding or subtracting stages, or by including or excluding participants at different moments.1
Empowering The Weak: The “Forgotten Class”
Authors: Carruthers Bruce G , Halliday Terence C
Published: November 2023

Shuld International Corporation sold books, records, and horoscopes. It advertised widely in national magazines, and sold its wares through the mail. In the final year of its descent towards insolvency, complaints about Shield International began to appear frequently in the in-boxes of consumer protection agencies, for it had perfected the doubtful art of accepting and cashing customers’ checks without sending the merchandise they had paid for. When Shield International filed for protection from creditors in the southern district of the federal district court in New York, on 8 May 1970, it listed 4,616 customers who had paid in full for goods they had not received. The size of the claims ranged from $1 to $50, with the average about $7.
Introduction
Authors: Fehlberg Belinda
Published: November 2023

In recent years of economic recession, the problems experienced by spouses and partners (‘sureties’) who provide third party loan security (‘security’) to creditors or lenders for the business liabilities of their other spouse or partner (the ‘debtor’) have received the increasing attention of judges, commentators and law reformers in the United Kingdom, Australia, and Canada.
Legal Context
Authors: Fehlberg Belinda
Published: November 2023

Times are changing in society and in the law. It is no longer good enough to lump the wife’s interests in with her husband’s or, for that matter, a woman’s interests with those of men with whom she is associated. As outlined in the Introduction, the last decade has seen, in the context of economic recession and high levels of business failure, an apparent increase in the number of surety wives seeking to avoid liability to creditors. The aims of this chapter are (i) to examine the application of the substantive law4 to surety wives, and (ii) in doing so, to explore judicial perspectives regarding surety wives.
Providing Security
Authors: Fehlberg Belinda
Published: November 2023

When you love someone, you just do what they ask you to do. Obviously, not without wanting it explained a little bit, but because I’m not financially minded, it didn’t really make much sense to me. I knew vaguely what was going on, but I didn’t know the details … I think he had tax problems and all sorts of things....I was working full-time [as a teacher]. I had enough to do with my job, running the house, to be involved in something that I didn’t really understand and wasn’t particularly interested in.
Policing the Dross
Authors: Choongh Satnam
Published: November 2023

This chapter develops and provides empirical support for the argument, outlined in the previous chapter, that the exercise of police discretion is moulded by certain police defined objectives. These objectives arise from police perceptions of criminality and its location in society, and from police ideas about what their job should entail. Such perceptions and ideas have led to the adoption of policing strategies which ensure that a significant group of suspects are no strangers to the police station, and in fact arrive with a store of knowledge which informs their expectations of police behaviour and influences the way in which they themselves behave whilst at the station. In other words, there exists a long-term relationship between police and ‘policed’, and police actions both inside and outside the station aim to re-create the norms of that relationship.
Tort and Human Rights
Authors: Cornhill Lord Bingham of
Published: November 2023

For most English lawyers of (or above) a certain age, Human Rights formed no named or identifiable part of the legal landscape in which they grew up. They had heard of the Declaration of the Rights of Man and the Citizen approved by the National Constituent Assembly at Versailles in August 1789 and knew of the rights protected by the first ten amendments to the United States Constitution, but these were no more than historical titbits, of little or no practical significance to the practice of the law in England.
Responsibility in Crime, Tort, and Contract for the Unforeseeable Consequences of an Intentional Wrong: A Once and Future Rule?
Authors: Gordley* James
Published: November 2023

Suppose A accidently shot B when aiming at C. It has seemed to many people that A should be held criminally and civilly responsible for shooting B. Yet modern jurists have trouble explaining why. They recognize two types of responsibility based on fault. A person is responsible for causing harm intentionally or negligently. In the example just given, the defendant’s objective was not to cause the harm he did. So it seems odd to say he caused it intentionally. Moreover, he may not have been negligent. He may have used due care to avoid shooting a bystander.
Some Thoughts About International Product Liability
Authors: lorenz werner
Published: November 2023

If compared with the embarras de richesses of literature which product liability has thus far provoked both in the United States of America and in Europe during the second half of this century, there are relatively few cases and materials dealing with the private international law aspect of this subject. This is astonishing if one considers the enormous flow of goods across the borders of the major industrial countries.
Traffic Accidents Compensation Under Tort Law and Under a Specific Law: The French Experience
Authors: Tune* André
Published: November 2023

In France, as in the United States and in many industrialized countries, innumerable proposals have been advanced since the beginning of this century for a specific statute dealing with compensation of traffic accident victims. Most of the proposals favoured a no-fault system of compensation of all victims. It would probably be pointless to study all these proposals. On the other hand, one text, the French 1985 statute on the matter, seems to deserve attention, because it is not a proposal, but a piece of positive law, and has been applied now for more than ten years.
Readings of Victimization and Volition
Authors: Maher Lisa
Published: November 2023

The linkages between contemporary criminological literature on women ‘s involvement in ‘crime ‘ and ‘deviance ‘ and current research and theory in relation to women drug users are rarely made explicit. There are, however, a number of ways in which these discourses both intersect and overlap. In particular, two distinct readings or interpretations appear to inform the literature. These readings tend to dichotomize agency. The first practically denies women any agency and the second over-endows them with it. In the first, women are portrayed as the passive victims of oppressive social structures, relations and substances, or some combination thereof. Women are cast as submissive objects, serving as mere automata for the reproduction of determining structures. Constituted by and through their status as victims, they are devoid of choice, responsibility, or accountability; fragments of social debris floundering in a theoretical tide of victim age. In the second, women are viewed as active subjects-rational volitional agents seeking to maximize ‘deviant ‘ or ‘criminal ‘ opportunities in a brave new world devoid of structure, power, and domination. These are the new generation ‘new female criminals ‘; the 90 ‘s style ‘gangsta bitches ‘ and corporate criminals pushing the boys aside as they carve out a space for themselves in the “hood ‘, and in the office. Both readings are guilty of over-simplification and both ignore the relationships between broader social, economic, and cultural formations and immediate, specific, and local contexts in structuring the conditions by which women ‘s agency is enacted. This book seeks to problematize these readings by describing and analyzing how structures and relations of gender, race, and class are articulated by, and within, divisions of labour in the street-level drug economy.
Adjudicative Government and Social Science
Authors: Murphy W T
Published: November 2023

To the politician and administrator of today, ‘society’ is a set of facts and figures, a quantifiable set of indicators in permanent motion. What was society in the era of adjudicative government? It was the manner in which things looked if you sat behind a table, or on a bench, listening to argument before pronouncing judgment. In Occider1tal culture, such a tableau unfolded, of course, at the very end of time itself, in the Last Judgment. In the government of the Universe, as in the govern ment of this world, the business of rule took the form of discriminating between the good and the bad, between right and wrong, separating the sheep from the goats,2 the judge surrounded by advocates pleading the causes of others.
Public Services, Citizenship and the State-the British Experience 1967-97
Authors: Faulkner David
Published: November 2023

This chapter traces the changes which have taken place in the structure, management, and culture of public services in Britain from the mid-1960s to the present time. It relates those developments to wider changes in social and economic conditions, in public and political attitudes to society and citizenship, and in views of the nature and role of communities and the State. It speculates about the direction which further developments might take in the future, and draws some conclusions for issues which government and public services ought to consider over the coming years and the approach they might take to them.
The Liberalization and Privatization of Public Utilities and the Protection of Users’ Rights: The Perspective of Economic Theory
Authors: Petretto Alessandro
Published: November 2023

Entry to the European Union automatically implies acceptance of the concept lying at the roots of its ‘economic constitution’: the developing of competition by means of widespread liberalization processes in the industrial sectors. The aim of this process is the gaining of the advantages associated with free competition between agents-in terms of innovation, cost minimization, price containment, and a high level of quality-independently of the private or public ownership of the enterprises operating in single markets. This therefore means liberalization, with or without privatization, above all in the basic sectors producing public-utility services such as telecommunications, energy, transport, and water supply.
Classification
Authors: Amerasinghe C F
Published: November 2023

Grandfathering 27. The question then remains whether either of the 1988 or 1989 memoranda amounted to such a commitment. The first of these is dated December 12, 1988 and informed the Applicant that the Executive Directors had decided that: staff members whose positions were downgraded as a result of a job evaluation are to be treated, for salary review purposes, as though their positions had not been downgraded, even after the two-year salary grand fathering period has expired. These words are identical with certain passages in the Respondent’s desk-to-desk circular FYl/88/114, dated December 9, 1988, which was circulated to all affected personnel and the receipt of which the Applicant, though not affirming or admitting, has not denied.
Probation
Authors: Amerasinghe C F
Published: November 2023

General i.35. The Tribunal turns next to the second guarantee mentioned above, namely the availability of adequate opportunities for the Applicant to defend himself against the criticism made by the management.
Remedies
Authors: Amerasinghe C F
Published: November 2023

See also Sects. 1l(a); 20 Rescission See also Sect. l 5(b)ii i.55. The Tribunal allows the Applicant’s main plea, namely, to rescind the contested decision, thus lifting the Applicant’s employment ban at the Bank. This will afford the Applicant the possibility, should the Bank decide, of being hired again by the Bank, as if the investigation and subsequent decision affecting the Applicant had not taken place. This decision of the Tribunal is based on the consideration that, as a Consultant, the Applicant has no right of contractual employment by the Bank after the term of his appointment expired. He may be engaged only if the Bank so determines, although his good record of previous employment.
Complaints Against The Media
Authors: Michael* James
Published: November 2023

The Broadcasting Act 1996 has diminished the number of complaints bodies by one in merging the Broadcasting Complaints Commission and the Broadcasting Standards Council to form a new Broadcasting Standards Commission (BSC), although this did not go into effect until 1 April 1997. During 1996 the four bodies (the Broadcasting Complaints Commission, Broadcasting Standards Council, Independent Television Commission, and BBC Programme Complaints Unit) continued to have jurisdiction to receive complaints about different, but sometimes overlapping, aspects of broadcast programme standards, while the Press Complaints Commission continued to monitor the PCC Code.

The new Broadcasting Standards Commission is required by the 1996 Act to draft a code of conduct regarding ‘unjust or unfair treatment ... or unwarranted infringement of privacy ‘. The permissive ‘may ‘ draw up such a code in the Bill, commented on in last year ‘s survey,2 was amended in the House of Lords, although attempts to introduce a requirement regarding impartiality were rejected.
More than a trace of the old philosophy
Authors: Hackney Jeffrey
Published: November 2023

The location of fiduciary obligations is not just a classroom exercise. No doubt every generation feels that it stands at a crossroads, but it is true of ours that as a result of recent developments in the law of restitution and of trusts, a number of paths are open to us, including a return down the path we are already on. Other Commonwealth jurisdictions have already set off on quite different paths, with Canada in particular striking out boldly into new territory.1 The issue is in the first instance analytical-’what is the nature of fiduciary obligations?’-and in particular ‘how do we analyse these obliga tions consistently with the way we analyse other categories like property, contract, tort, trust?’.
Introduction: The Human Rights Imperative
Authors: Koh Harold Hongju , Gostin Lawrence O
Published: November 2023

This is the first book comprehensively to address the rights of persons with intellectual disabilities from the perspectives of comparative and international human rights law.

We dedicate it to our late co-author, Professor Stanley Sholom Herr, who was both an American and a global pioneer in framing the concerns of persons with intellectual disabilities as a human rights imperative. This book grew out of a conference held in March 1995 in connection with the Special Olympics World Games in New Haven, Connecticut, which Stan Herr and Harold Hongju Koh co-sponsored at Yale Law School’s Orville Schell, Jr. Center for International Human Rights, and at which Larry Gostin was a principal speaker. Although sadly, Stan did not live to see the final publication of this volume, his spirit moves throughout these pages. This book brings together two great social movements of the past half century: the international human rights movement and the disability rights movement. Since the Second World War, international human rights have been defined as embracing those universally recognized inalienable rights to whose enjoyment all persons are entitled solely by virtue of being born human.
From Adversarialism to Partnership: Track Two Regulation
Authors: Gunningham Neil , Johnstone Richard
Published: November 2023

We have argued that the best strategy is to reward the efforts of good OHS performers, and that negative strategies such as deterrence should be confined to those situations where rewards are unlikely to be effective. The evidence suggests that the best results are likely to be achieved by those who adopt a SMS. By implication, those doing so commit themselves to continuous improvement, to going beyond compliance with existing regulation, and to establishing a safety culture within the enterprise. Such an approach, in its present form, is intended to achieve a partnership between business and government. We will argue that this partnership should be extended to workers as well.
Conclusion: Recommendations for Reform
Authors: Gunningham Neil , Johnstone Richard
Published: November 2023

The main purpose of this book has been to argue the case for redesigning OHS regulation and its enforcement, so as to make it both more effective and efficient in addressing the OHS problems confronting advanced industrial nations. In doing so, it has identified a range of ‘next generation’ regulatory and enforcement instruments which, we believe, should be central to any future policy reform agenda.
Intergovernmental Procedures
Authors: Evans Andrew
Published: November 2023

The role of intergovernmental procedures in Union decision making reflects the original constitution of the European Communities1 and the European Union by the Member States. The natural implication of their constitution is that there were opportunities for intergovernmental bargaining (that is, bargaining between Member States, or ‘intergovernmental exchange’) during the drafting of the Treaties.
The Uk Systems: From Administration To Prohibition
Authors: Jones Clifford A
Published: November 2023

A survey of British anti-monopoly law could begin at least as early as Dyer’s Case1 in 1415, but this would render little assistance to the exploration of private antitrust litigation under present UK or EC law. This brief discussion will concentrate on current UK legislation enacted since 1945. However, it is worth briefly mentioning the now repealed English Statute of Monopolies of 1623.
Aspects Of Private Antitrust Enforcement
Authors: Jones Clifford A
Published: November 2023

The system of private antitrust enforcement in the USA is sometimes perceived1 as having immediately sprung full-blown into existence upon the passage of the Sherman Act in 1890. However, during the first 50 years of the Sherman Act only 175 private actions were brought and only 13 of those were recorded as successful for the plaintiff. From 1941 to 1985, there were 29,588 private actions commenced, with the most in any one year consisting of 2,005 filed in 1962. Since 1985, the number of new private actions has remained in the range of 600 to 1,000 annually. Even the government’s early enforcement efforts were scant. In the first 13 years of the Sherman Act (to 1903), a grand total of 23 government actions of all types were brought. The Justice Department received no funds at all for antitrust enforcement for that first 13 years.4 It seems the Commission received more resources and more quickly than did the Justice Department.
Enforcement Pluralism In The Community System
Authors: Jones Clifford A
Published: November 2023

The result of the direct effect of Article 81(1)–(2) (formerly 85) and the Commission’s duty to enforce the competition rules of the Treaty is that the national courts and the Commission have concurrent jurisdiction over the enforcement of Article 81(1) – (2). ‘The Commission does not have exclusive competence to apply Articles 85(1) and 86 [now 81 and 82]. It shares that competence with the national courts’.
Challenging the Regulators: Strategies for Resisting Control
Authors: Mcbarnet Doreen , Whelan Christopher
Published: November 2023

Regulators face many challenges. This paper focuses on the challenge posed by the regulated, and particularly by the regulated “playing the sys tem “, exploiting both regulatory practice and law to resist control. We demonstrate this by drawing on our research on corporate governance, and particularly on “creative accounting “ and recent regulatory attempts to capture it.
Transparency: of Business or Process?
Authors: Holding Gillian
Published: November 2023

Over the last decade, “transparency “ has become an increasingly sensitive issue throughout the public sector - and within those organisations having their roots in the public sector such as the privatised utility industries. However, the meaning of “transparency “ is not always clear. We commonly talk in terms of the principle of transparency, but all principles are capable of being manipulated to serve and justify particular courses of action and there is a danger that transparency can be, and in fact may increasingly be, used to justify demands and actions where it could be inappropriate, and at worse, counterproductive.