bluuebunny/crossref_metadata_2025 huggingface dataset:
‘J’equippe une flotte tres considerable‘: The Dutch Side of the Glorious Revolution
Authors: Groenveld Simon
Published: October 2023

The years between 1660 and 1715 form a distinct period in European history: the period of French expansion under Louis XIV. The decades before had seen the spectacular decline of the two Habsburg princes: the German Emperor and the King of Spain. By the Peace of Westphalia the Emperor had been forced to allow the German princes to create policies of their own; the Spanish king had had to recognize the independence of the Dutch Republic and to accept an unpleasant peace with France in 1659. Louis XIV, who on this very occasion had married a Spanish princess, thus became a potential heir to his father-in-law, Philip IV. In 1661 he decided to govern France on his own. From that time onwards he ruled over his 20 million subjects with the help of a strong, bureaucratic system of government, though one which was not as powerful as is often alleged. His country had enormous resources at its disposal, but, notwith-standing the efforts made by capable ministers such as Colbert, the overall character of its economy was old-fashioned and remained so for a long time.
Market Failure and Investor Protection
Authors: Franks Julian , Mayer Colin
Published: October 2023

1.1 The previous chapter described the rationale for the imposition of capital requirements on banks. This chapter examines whether similar considerations apply to investment managers. 1.2 The feature of banks that gives rise to a capital requirement is the holding of assets that are less liquid than liabilities. The potential shortfall in liquidation values of bank assets over liabilities creates risks of ‘runs’. A ‘run’ develops when an insolvency of one bank precipitates withdrawals by depositors of solvent banks because they are unable to distinguish-between solvent and insolvent firms. The run itself increases the number of insolvencies. Investment managers that hold client balances may be prone to similar disturbance. But if investment managers do not hold client balances, the bank model is not directly relevant. Notwithstanding, investment managers are subject to other risks that were described in Chapters 3 and 4. The questions they raised are, first, whether there are market failures associated with these risks and, second, whether capital adequacy requirements are the appropriate response.
Capital Requirements in the UK and USA
Authors: Franks Julian , Mayer Colin
Published: October 2023

l.1 The purpose of this chapter is to analyse the rules regarding capital that are currently required of investment managers in the UK. 1.2 Section 2 begins by describing the capital requirement rules of the relevant regulatory organization, the Investment Management Regulatory Organization (IMRO). Section 3 assesses the extent to which the rules provide the investor with protection against the risks described in Chapters 3 and 4 and the costs associated with each form of protection. It is argued that there are serious deficiencies, both in principle and practice, in the design of rules as currently formulated. Section 4 then considers how capital rules should be determined, assuming that capital is the preferred approach to investor protection. However, this assessment mainly reinforces the assertion made in the previous chapter that capital is not the appropriate form of protection for most of the risks that IMRO is seeking to neutralize. Section 5 describes regulation of IM firms by the Securities and Exchange Commission (SEC) in the USA. Section 6 summarizes the results of this chapter.
The Japanese Labour Market
Authors: Yoshikawa Hiroshi
Published: October 2023

The labour market in Japan is said to differ in many respects from those of other advanced economies. Japanese workers, for example, seem to have much longer employment tenure-allegedly, ‘lifetime’ employment. The unemployment rate in 1994 was 3%, the highest it has been since 1950, and is generally very low by OECD standards. Wages of primary labour, though they are determined by union bargaining, are flexible.
Trade Imbalance and the Exchange Rate
Authors: Yoshikawa Hiroshi
Published: October 2023

Current account imbalances among major countries significantly widened during the 1980s, and have become the major economic problem today. Table 8.1 shows the record for Japan, the United States, (West) Germany, and the United Kingdom. In 1980 Japan’s current account was in deficit after the second oil embargo the previous year, while that of the United States was in surplus. The situation reversed in 1982, and the gap abruptly widened in 1983-4. These imbalances continued throughout the 1980s. The prolonged boom in Japan in the late 1980s caused the current account surplus relative to GNP to decline to 1% by 1990, but then the subsequent recession once again forced it back above 3%. Germany (then West Germany) also kept its current account surplus at a high level¬ above 4% as a ratio relative to GNP-in the late 1980s; the Unification, however, turned it to deficit.
Conclusion
Authors: Yoshikawa Hiroshi
Published: October 2023

This book has argued that real demand constraint is essential to an understanding of the macro economy. No doubt, a part of demand is determined endogenously within any given period, but there is always an exogenous component in real aggregate demand which constrains the economy as a whole. Wars are obviously exogenous real demand shocks (though they are supply shocks as well), without which we cannot reasonably explain the century-long developments of any advanced country. Exports are another example. The Keynesian approach begins with exogenous real demand.
Denmark: the Land of the Vanishing House-wife
Authors: Knudsen Lisbeth B
Published: October 2023

Since the late 1960s family forms have changed in Denmark. One remarkable sign of this change is the increased proportion of children born to single (never-married or divorced) women. Twenty years ago, in 1970, this proportion was only 11 per cent of all live-born children. By 1980 it had grown to 33.2 per cent, and in 1990 almost half of all births (46.4 per cent) took place outside marriage (Danmarks Statistik, 1992).
The Federal Republic of Germany: Polarization of Family Structure
Authors: Federkeil Gero
Published: October 2023

Like most other industrialized countries, Germany witnessed the demographic changes that characterize the ‘second demographic transition’ (Van de Kaa, 1987). Ever since the end of the 1960s, fertility has been below replacement level. At the end of the last decade, the net reproduction rate in Germany has been among the lowest in the world (1989: 0.67). Within twenty-five years (from 1960 to 1985), the total fertility rate dropped from 2.41 to 1.28 (Birg et al., 1987), while the average age of women at first birth increased from 24.9 years in 1965 to 26.2 years in 1985. Furthermore, between 1960 and 1986, the marriage rate fell from 9.4 to 6. 1 per 1,000 inhabitants and this was accompanied by an increase in age at marriage since the mid-1970s, from 25.3 years in 1975 to 27.2 years in 1985 for men, and from 23.7 to 24.6 years for women (Birg et al., 1991).
Italy: Changing the Family from Within
Authors: Menniti Adele , Palomba Rossella , Sabbadini Linda Laura
Published: October 2023

The Italian family shows signs of a continuity of tradition, and there is not much statistical evidence of new family behaviour. Pluralization of living arrangements and polarization between marriage and alternatives to marriage are concepts that are inadequate to describe the changes that have taken place in Italian family patterns. In addition, family patterns in Italy show an increasing tendency towards a simplification of structure. Our analysis, focused on living arrangements of women at the early parental phase and at the beginning of the post-parental phase, showed that during the 1980s many changes did take place, but mostly within the framework of a unique life choice: to get married and to have children. Changes in family patterns and living arrangements of women in Italy are mainly changes in the timing of marriage and childbirth.
The Netherlands: the Latent Family
Authors: Kuijsten Anton , Schulze Hans-Joachim
Published: October 2023

There can be no doubt that millions of people in the Netherlands live in families or family-like situations. At present, however, the most characteristic feature of the Dutch family is its latency, in three different senses: political, public and private. Political latency is indicated by the fact that there is no explicit family policy, family seldom being an issue on the political agenda. Public latency refers to the fact that it is not considered acceptable to talk or write in public about ‘het gezin’ (the family) as this would be regarded as old-fashioned. Private latency in everyday life is illustrated by the tendency to refer to a spouse or partner as ‘life companion’, ‘relation’, ‘boy friend’ or ‘girl friend’ even, and for children to be introduced casually just by their first names, instead of by saying ‘This is my son/daughter’. The national consensus about this family latency gives rise to political measures that have conflicting impacts on families. One of the consequences of the fact that family is no longer a manifest point of reference is that, in times of structural unemployment, individualized social security makes the unemployed family head vulnerable and easily pushes families of the unemployed towards the poverty line.
Ten Countries in Europe: an Overview
Authors: Kuijsten Anton , Strohmeier Klaus Peter
Published: October 2023

As we mentioned in our introductory chapter, aggregate demographic figures such as birth rates or marriage and divorce rates are only very superficial indicators of changes in the structures of family life. Nevertheless, they are important as indications of convergences or divergences in a significant aspect of the societal context in which structures of family life are embedded: changing between-country differentials in prevalence of demographic events contribute to changing between-country variation in familial and household structures.
Lone-parenthood and Social Policies for Lone-parent Families in Europe
Authors: Torremocha Isabel Madruga
Published: October 2023

The aim of this article is to examine policies towards lone-parent families within an European framework. The first part will describe the main characteristics of lone-parenthood as a growing phenomenon. Second, a description of the different problems associated with lone-parenthood will be given. Third, the policies towards these families will be discussed, and the difficulties associated with the emergence of a specific pattern highlighted. Finally, a description of the four main policies on these families in the European countries will be given. To conclude, a preliminary classification of countries according to three different patterns will be provided.
Paths Towards a Modernization of Gender Relations, Policies, and Family Building
Authors: Kunzler Jan
Published: October 2023

Seemingly, all or most modem, industrialized countries faced the same developments in the area of family and gender relations in the last decades. All industrialized countries faced deep demographic changes: a second demographic transition caused birth rates to fall below replacement level. Marriage rates fell and divorce rates rose to an unforeseen extent. At the same time, all industrialized countries developed an increasing commitment to gender equality in all areas of society. But until now, a glass ceiling prevented women everywhere from catching up with men and stalled the final abolition of discrimination against women.
The New Fathers: What Does it Mean for Children, Marriage, and for Family Policy?
Authors: Herlth Alois
Published: October 2023

Recently it seems to be common place to say that the woman&’s role has changed especially during the last three decades. A lot of statis tical data show that this change happened in more or less all coun tries of the EU, although it has different results in different countries (see Table 9.1), which might be influenced by specific national conceptions of family policy (Schulze & Kunzler, 1997). Never the less we do not only observe an increasing number of women but also of mothers with young children who are in gainful employment. Furthermore married women have become more independent of their husbands and their importance in family decision making has grown.
Which Models of the Family are En couraged or Discouraged by Different Famil Policies?
Authors: Fux Beat
Published: October 2023

In the course of the past three decades, the traditional family has undergone several transformations. The fertility decline, the development and spread of new living-arrangements, increasing divorce rates, and female labour force participation were predominant subjects of scientific research. The particular focus of this project follows on from the collection of comparative data for a sample of European countries which considered changes of family structures, everyday life of families, and family policies during the 1980s (Kaufmann et al.,1997).
Non—Governmental Organizations and Rural Poverty Alleviation
Authors: Riddell Roger C , Robinson Mark , Coninck John De , Muir Ann , White Sarah
Published: October 2023

There has been considerable interest in recent years in the ability of non-governmental organisations to work with the rural poor in developing countries in order to improve their quality of life and economic status through the provision of credit, skills training, and other inputs for income-generation programmes. This book brings together the results of 16 evaluations in 4 countries (Bangladesh, India, Uganda, and Zimbabwe) to provide a detailed assessment of the contribution that NGOs make to rural poverty alleviation. The results indicate that NGO projects are successful when they build in a high degree of participation, when the staff are committed to the goals of the project, and when they are managed by strong and competent leaders. Many of the projects studied contributed to increases in income and welfare. However, not all projects were successful, contrary to received wisdom about the efficacy of NGO interventions. many failed to reach the very poorest, most were costly to implement, and few of the projects demostrated an ability to continue once external funding was withdrawn. These findingd provide string support for viewing NGOs as a mechanism for helping to reduce rural poverty, but also demonstrate that many of the interventions are isolated or one-off. The impact of NGOs could be heightened by increasing the size of the intervention, encouraging greater cooperation among NGOs, and by fostering closer cooperation with governments. This study will make an impact in the development community, and its conclusions will help shape NGO and poverty agendas in the coming years. The book will appeal to all those concerned with rural development, NGOs, and development programmes.
Old-Age Mortality in Japan: Demographic and Epidemiological Perspectives
Authors: Goldman Noreen , Takahashi Shigesato
Published: October 2023

The dramatic increase in Japanese longevity over the past several decades has received considerable attention from social and medical scientists (Marmot and Smith, 1989; Mario and Takahashi, 1986; Okino, 1978; Ohno, 1985; Shigematsu and Nanjo, 1993). As shown in Table 8.1, life expectancies for Japanese men and women have more than doubled over the past century. During the past 40 years alone, life expectancy has increased by more than 15 years for men and by almost 20 years for women, reaching levels of 75.9 years for men and 81.9 years for women in 1990. A comparison of all national populations reveals that Japan has experienced the highest life expectancy in the world during the past decade.
Strategies for the Provision of Social and Health Care Services for the Elderly
Authors: Golini Antonio , Vivio Roberta
Published: October 2023

Population ageing, for its numerical importance, its proportional weight, the speed of its growth, its geographical differentiation, and its multidimensional aspects will, demographically speaking, characterize this last part of the twentieth century and the beginning of the twenty-first in Western countries. However, starting from the early decades of the next century it will also increasingly characterize many of the countries which are currently classified as ‘developing ‘, so that while the twentieth century will be remembered as the century of great and rapid population growth, the twenty-first will be remembered as the century of population ageing.
Pastoralists and the Spirit of Enterprise
Authors: Spencer Paul
Published: October 2023

Traditional pastoralism in East Africa popularly conveys a leisurely way of life that contrasts with the spirit of enterprise shown by more progressive settled peoples such as the Kikuyu. This contrast is well illustrated in early accounts of trading between the pastoral Maasai and their agricultural neighbours. The Maasai benefited from this trade, but their men especially displayed a self-contained pastoralist life style and despised others who tilled the ground and traded their products. The actual trading was conducted between Maasai woman and visiting traders, and when these traders were men, this confirmed the visitors’ lack of self-esteem in Maasai eyes. Trading caravans risked being harassed by Maasai warriors (moran), who tended to dominate neighbouring agricultural peoples. Nevertheless, care was taken not to disrupt the trading itself, and the more persistent raids were directed against semi-pastoral peoples with cattle and no mutual trading arrangements. While Maasai men engaged in male activities, the women were protected by custom and continued to trade for their own domestic purposes, notably for grain to tide their families over the hunger of the dry season, and notably with neighbours that shared an uneasy peace with the Maasai.
The Thrust of Pastoral Innovations
Authors: Spencer Paul
Published: October 2023

The general absence of cattle among the Chamus up to this point reflects their vulnerable position. The nomadic livelihood of their pastoral neighbours was ideally suited for flexible grazing in a region where rainfall was unpredictable and raiding was a constant threat. Because they were not tied down by cultivation, the pastoralists could expand, contract, or shift their ground as they jostled strategically for control over the best grazing areas and in defence of their herds. The region was dominated by nomadic pastoralists, and the Chamus could minimize the risk of harassment by avoiding cattle and limiting their flocks of sheep and goats. Originally as foragers, they appear to have relied on their intricate knowledge of their area and then irrigation farming placed an added restriction on their movement. Having no cattle avoided the problems of grazing away from the villages and tempting their pastoral neighbours to raid. But there could be no final guarantee of security, and there are early reports of former Chamus settlements that had been deserted because of marauding pastoralists. However, the two substantial villages, Lemeluat (Down-River Chamus) and Lekenyuki (Up-River Chamus), still survived, and each was protected by a sturdy double ring of thorn fence. Other Chamus living on the islands of the lake needed less protection, but they also had little to protect.
Population Growth, Development, and the Malthusian Dilemma
Authors: Spencer Paul
Published: October 2023

The final part of this work considers the relevance of three related debates over the future of pastoralism in East Africa. These concern the impact of the growth of population and technology (Chapter 7); dependency theories which bear on the increasing marginalization of pastoralists in the remoter areas (Chapter 8); and the conditions under which pastoralists destroy their own environment (Chapter 9). Uncontrolled population growth, the penetration of world capitalism, and the threat of ecological degradation are the basic premisses of what follows.
The Doctrine of Jus Cogens in International Law
Authors: Mann F A
Published: October 2023

Fundamental laws are not only inalienable, but, by virtue of their authority, character and content, also exist independently of any text which may attempt to formulate them, and bind the community, whether or not it submits to them. The Ten Commandments are fundamental laws: their binding and law-making force is universal and eternal and would be so even if they had not been given formal expression.

The question whether there are fundamental laws which form part of or underlie public international law or, to put it differently, which, while included in public international law, have a higher status and sanction than the ordinary rule of international law—that question does not seem to have arisen before the present century. On the contrary, until very recently it was believed by many that it is open to States by their treaty to derogate from every rule of international law. The impetus for a reconsideration of the problem2 came, when the codification of the law of treaties and its implications had to be pondered.
State Corporations in International Relations
Authors: Mann F A
Published: October 2023

Increasingly during this century, governments throughout the world have established separately constituted legal entitities to perform a variety of tasks. The organisation and control of these entitites vary considerably, but many possess a number of common features. A typical government instrumentality, if one can be said to exist, is created by an enabling statute that prescribes the powers and duties of the instrumentality and specifies that it is to be managed by a board selected by the government in a manner consistent with the enabling law. The instrumentality is typically established as a separate juridical entity, with the powers to hold and sell property and to sue and be sued. Except for appropriations to provide capital or to cover losses, the instrumentality is primarily responsible for its own finances. The instrumentality is run as a distinct economic enterprise; often it is not subject to the same budgetary and personnel requirements with which government agencies must comply.
The Protection of Shareholders’ Interests in the Light of the Barcelona Traction Case
Authors: Mann F A
Published: October 2023

Professor Briggs’ summary of the decision of the International Court of Justice in the Case Concerning the Barcelona Traction, Light and Power Company Limited fairly recapitulates the principal reasons which led the Court to deny ‘the existence of any general rule of international law or of any special circumstances or considerations of equity which confer a right of diplomatic protection of national shareholders in a foreign company where the acts complained of were directed by authorities of a third state against the company rather than against any legal rights of the shareholders as such.’
British Treaties for the Promotion and Protection of Investments
Authors: Mann F A
Published: October 2023

Treaties for the promotion and protection of investments have for more than twenty years been a feature of international practice. Since 1959 the Federal Republic of Germany has concluded more than fifty such Agree ments. Switzerland started in 1961 and has concluded about thirty. Between 1972 and 1978 France concluded sixteen such treaties. In 1977 the International Chamber of Commerce counted altogether 124 and since then the number has increased.
Reflections on the Prosecution of Persons Abducted in Breach of International Law
Authors: Mann F A
Published: October 2023

A State which authorizes the abduction of a person from the territory of another sovereign State is guilty of violation of public international law. This principle is supported by considerable State practice, numerous decisions of municipal courts and a large body of doctrinal opinion. Its basis is the incontrovertible rule that exercise of physical force by one State in the territory of another State without the latter’s consent constitutes an excess of international jurisdiction or a violation of the ‘principle of respect for State sovereignty’, which is guaranteed not only by Article 2 of the Charter of the United Nations and other texts, for these ‘merely respond to firmly established and longstanding tenets of customary international law’.
The International Enforcement of Public Rights
Authors: Mann F A
Published: October 2023

The Restatement on the Conflict of Laws (First) which appeared in 1934 provided ins. 610 that ‘no action can be maintained on a right created by the law of a foreign state as a method of furthering its own governmental interests’. This was supplemented by s. 611 which specifically excluded foreign penalties from enforcement. The Restatement (Second) of 1971 deleted the former, but in s. 89 retained the latter provision, the authors making it clear that they were not expressing an opinion on the recovery of foreign taxes.
The Judicial Recognition of an Unrecognized State
Authors: Mann F A
Published: October 2023

Ever since the House of Lords decided Carl Zeiss Stiftung v. Rayner & Keeler Ltd. there was room to question whether the modern English judiciary had given thought to the rationale of the executive’s refusal to recognize a foreign entity as a State. The meaning and purpose of non recognition is simple and straightforward: the United Kingdom expresses its disapproval of the foreign entity, its origin and its policies. Therefore the UK regards it as non-existent, denies efficacy to its institutions, law and activities (though there may possibly be certain limited exceptions in matters of a purely private nature). In particular, the UK denies to an unrecognized State the right to become a party to a treaty, refuses to accept a diplomatic note or other official communication, or to recognize a passport issued by it.
Land-Locked and Geographically Disadvantaged States in the International Law of the Sea
Authors: Vasciannie S C
Published: October 2023

At the Third United Nations Conference on the Law of the Sea, the land-locked countries of the world, together with their geographically disadvantaged counterparts, made a determined effort to obtain special recognition in the Law of the Sea Convention. As members of the so-called LLGDS Group, they challenged the position of coastal States in several areas and introduced proposals which are yet to be fully assessed in the literature on the Law of the Sea. Published at a time when many intriguing questions on the Law of the Sea remain the subjects of intense controversy, this book charts the LLGDS effort at the UNCLOS III and critically examines the extent to which the 1982 Convention and the customary law reflects the perspective of the LLGDS Group. It also offers detailed consideration of many key issues in the law and politics of the sea.
Mass-Based Organizations in the West Bank and Gaza: Offering Services Because of and Despite the Military Occupation
Authors: Hiltermann Joost R
Published: October 2023

Palestinians in the twentieth century have lived under a succession of foreign rulers. The continued absence of a national authority of their own regulating the life of their society has meant that those basic services needed in any society that were not provided by the foreign ruler had to be furnished by Palestinians themselves. Consequently, in Palestinian society the types of organizations like trade unions, which in western democracies serve a complementary role to that played by the state and constitute a counterweight to the state’s transgressions, have instead played a substituting role under Israeli military occupation, filling the gaps created by the occupying power which had no compelling interest in satisfying the basic needs of the Palestinian population. These organizations, which in the 1980s include trade unions, voluntary work committees, women’s committees, medical and agricultural relief committees, and others, have gone further: they have built an autonomous Palestinian economic, social, and political infrastructure in the Occupied Territories in the absence of an independent state.
Israel’s Economic Policies in the Occupied Territories: A Case for International Supervision
Authors: Ani His Ham Aw Art
Published: October 2023

The predominantly agricultural economy of Mandatory Palestine centred around the rich coastal plain and the sea ports on the Mediterranean coast, with subsistence farming in the hills now known as the West Bank. Following the 1948 war, with the loss of virtually all the coastal plain and all but one port, the Palestinian economy was decimated and fragmented. The two segments of Palestine remaining under Arab control, together constituting less than one-quarter of the original land area, fell under separate administration. Bordering Egypt, the Gaza Strip was placed under Egyptian administration, while the West Bank fell under Jordanian rule and later annexation.
The Legal Framework of Government Regulation of Business
Authors: Matsushita Mitsuo
Published: October 2023

The Constitution, which was enacted in 1946, establishes the basic framework of the government by providing for the Emperor, the renunciation of war, the basic civil rights of citizens, the National Diet, the Cabinet, the Judiciary, budgetary matters, local government, the amendment procedure, the supremacy of the Constitution, and some supplementary rules. Under the Constitution, the basic organs of the state are the National Diet (the legislature), the Cabinet (the administration or executive), and the Judiciary (the Supreme Court and lower courts). The Constitution provides for the civil rights of citizens such as, inter alia, equality under the law, the right to petition the government, the liability of the state in cases of tort by a government official, freedom of thought, freedom of religion, freedom of association and expression, freedom of occupation, freedom of learning, and equality of the sexes. Some aspects of the Constitution will be dealt with in greater detail later. The Civil Code was enacted in 1896.
Industrial Policy
Authors: Matsushita Mitsuo
Published: October 2023

Japan has basically a market economy and in a market economy the market mechanism is the most fundamental institution in which enterprises are free to decide the prices they charge, the quantity they produce, and other terms of business, and government regulation of business is kept minimal. However, in every country in the world with a market economy, there are always some measures taken by the government which affect business activities. Even in a market economy in which the market mechanism operates and government intervention should be kept minimal, there is need for supplemental measures to deal with market imperfections.
Trial Discretions: The Judge and Counsel
Authors: Pattenden Rosemary
Published: October 2023

The Crown Court can grant legal aid for criminal trials before juries. This discretion is exercised comparatively rarely since magistrates’ courts also have jurisdiction to order legal aid for hearings in the Crown Court. Murder trials excepted, a legal aid order will be made only if the Crown Court is satisfied that the accused’s disposable income and capital are such ‘that he requires assistance in meeting the costs which he may incur’ and ‘it appears to the court desirable to do so in the interests of justice’. Section 29(6) of the Legal Aid Act of 1974 directs the court to resolve any doubt about legal aid in favour of the accused. In practice all but a very few defendants tried in the Crown Court are legally aided.
Trial Discretions: Summary Trials
Authors: Pattenden Rosemary
Published: October 2023

The vast majority of criminal cases in England and Wales (around 97 per cent) go no further than the magistrates’ courts where they are dealt with summarily. If moves which are afoot to reduce the workload of the Crown Court come to fruition this high proportion may increase further. Summary trials, like trials on indictment, are adversarial, oral, and open to the public. The primary difference between the two modes of trial lies in the fusion on the bench of a magistrates’ court of the law and fact finding function, the conduct of a preliminary inquiry before a jury trial,2 and the greater sentencing powers of a judge of the Crown Court. The rules of evidence and procedure are basically the same though proceedings are less formal in courts of summary jurisdiction and Darbyshire in her observations of seven magistrates’ courts found that where the accused is unrepresented the rules of evidence and procedure tended to be bent for his benefit. Most magistrates’ courts are presided over by persons without legal qualifications -justices of the peace-who sit on a part-time basis with a full time professionally trained clerk.
S
Authors: Toth A G
Published: October 2023

Schengen Agreements See Free Movement Of Persons In order to enjoy a social advantage it is not necessary that a contract of employment should actually be in existence since migrant workers are guaranteed certain rights linked to the status of worker even when they are no longer in an employment relationship. A benefit the payment of which is dependent on the prior existence of an employment relationship that has come to an end may thus constitute a social advantage, since entitlement to that benefit is intrinsically linked to the recipient’s objective status as worker. Generally, a Member State may not make payment of a social advantage dependent on the condition that the recipients be resident within its territory. Unless it is objectively justified and proportionate to its aim, such a residence condition amounts to prohibited indirect discrimination as it can be more easily met by national workers than by those from other Member States (Case C-57/96 Meints [1997] ECR I-6689 at pp. I-6719–21; see further below. See also under Free movement of persons, section I.4(c) and (g), and Worker).
Introductory Refiections and Scope of the Present Work
Authors: Thornberry Patrick
Published: October 2023

The protection of ethnic, religious, and linguistic groups is one of the oldest concerns of international law. The rise of the State system in the sixteenth and seventeenth centuries and the emergence of an international law reflecting that system, necessitated concentration on minority groups. The ideals of national unity, manifested by a centralization of power, a common language, culture, and religion, fundamental to the self-identification of the States, tended to express themselves in intolerant attitudes, and repression of those who were perceived as ‘others’. Unity in this context seems to correlate with exclusiveness and there was a natural necessity to regulate some of its consequences. For pragmatic as well as humanitarian reasons, international law has been a protective instrument, because the minorities question has never contained itself entirely within national boundaries.
The United Nations Charter and the Treaties of Peace: The Issue of Minorities
Authors: Thornberry Patrick
Published: October 2023

The United Nations Charter makes no specific mention of minontles. Instead the emphasis is on individual human rights. At the San Francisco Conference, the high level of interest in human rights did not provoke proposals for the protection of minorities, though the Covenant of the League did not mention them either. Whereas the League supplemented its founding text with a series of minorities agreements, this did not occur at the United Nations where a different psychology prevailed. References to minorities at San Francisco were few and scattered, and included a remark by the representative of France that international intervention to prevent abuse of minorities might sometimes be necessary to maintain the peace. It may be that the minorities issue was subsumed under the general thrust for a new regime of human rights.
The Covenant on Civil and Political Rights
Authors: Thornberry Patrick
Published: October 2023

The argument of a previous chapter was that while the ‘right to existence’ of minorities was underwritten by international criminal law, the notion of existence is restricted to the ‘physical’ existence of member of minority groups and did not embrace the notion of ‘Cultural Genocide’: the oppressive destruction of the ‘cultural’ existence or identity of minorities. The right to a distinct identity is, however, the subject of international protection. The conventional and customary law recognising this right is considered below with the primary focus on the right as set out in Article 27 of the United Nations Covenant on Civil and Political Rights.
Persons Belonging to Such Minorities .. in Community with The Other Members of Their Group . . .’
Authors: Thornberry Patrick
Published: October 2023

The reference to ‘persons belonging to’ minorities was inserted at the third session of the United Nations Sub-Commission to replace ‘minorities’ sim pliciter.1In the opinion of the Sub-Commission member proposing the change, minorities as such were not subjects of the law, whereas persons belonging to minorities could be defined in legal terms. To maintain the idea of a group, the words ‘in community with the other members of their group’ were inserted after ‘shall not be denied the right’.
The Anti-Discrimination Provision of the European Convention on Human Rights
Authors: Thornberry Patrick
Published: October 2023

There is no reference to the principle of non-discrimination in the Preamble to the Convention, neither is there any specific article on equality; Article 14, therefore, stands alone in the Convention, supplemented by a cross reference in Article 16 which states that: ‘Nothing in Articles 10, 11, and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.’The machinery established for the protection of the rights and freedoms consists mainly of three bodies: the European Commission of Human Rights, the European Court of Human Rights, and the Committee of Ministers of the Council of Europe.
Indigenous Peoples: An Introduction
Authors: Thornberry Patrick
Published: October 2023

Indigenous peoples are referred to at many points in the present work. Sections and chapters on the definition of minority, State policies towards groups,2 self-determination,3 genocide,4 the application of Article 27, including the cases under the Optional Protocol,5 and the non-discrimination principle have all considered questions relating to indigenous groups. There is clearly an overlap between the general case of minorities and the specific issue of indigenous groups. But indigenous peoples claim to be more than, or different to, minorities.
International Law and the Use of Force by National Liberation Movements
Authors: Wilson Heather A
Published: October 2023

This book examines two branches of the international law of armed conflict as they apply to national liberation movements. First, it explores the idea that national liberation movements may legitimately resort to the use of force to secure the right of their peoples to self-determination. Second, it examines the application of the humanitarian law of armed conflict in wars of national liberation.
Introduction
Authors: Wilson Heather A
Published: October 2023

When Grotius wrote, ‘Public war ought not to be waged except by the authority of him who holds the sovereign power,’ he was explaining an idea that was already several hundred years old. By the dawn of the twentieth century it was axiomatic that only States could wage war. There were different words for other forms of violence: insurrection, civil unrest, piracy, or rebellion. At most, there was ‘civil war’, where the adjective modified the idea and the law which applied.
The Prospects for Application
Authors: Wilson Heather A
Published: October 2023

The intent of this chapter is to withdraw from this microscopic examination of treaty provisions and recent State practice to take a broader view of trends and their importance for the progressive development of the law of armed conflict.

The law of war is divided into two branches, usually considered to be separate to ensure impartial humanitarian protection in warfare irrespective of the cause of the war. In the case of national liberation movements this separation is, in one way at least, artificial. The trend toward the application of the humanitarian law of war to internal wars and wars of national liberation in particular was caused by a number of factors, one of the most important of which was the idea that these peoples are a separate entity, and have an identity distinct from the government administering them.
In A Time Of Trouble
Authors: Ellmann Stephen
Published: October 2023

Can the law really protect human rights when they are most under siege? During much of South Africa's state of emergency, the country's highest court grimly rejected efforts to use the law to restrain emergency power. The tide of those decisions has now turned. As this important book shows, these changing judicial trends reveal both the weakness and strength of the law. Although no guarantee of liberty, law and legal traditions can help to slow the march of oppression.
Conveyancing Reform
Authors: Anderson J Stuart
Published: October 2023

Typically, James Stewart’s modest and useful reform of lease and release conveyancing had been shoddily executed. When Bellenden Ker rescued conveyancers from the mischievous effects of Lyndhurst’s Act in 1845, he put Stewart’s right as well. In particular the Real Property Act allowed all interests in land henceforward to be transferred by simple deed of grant, abolishing much technicality and enabling us to speak of a ‘conveyance’ of land without anachronism. This sort of reform, comparable to new precedents set by the higher courts in its strengths, its randomness, and its chronic incompleteness, continued the job of simplifying land transfer started by the Real Property Commissioners. However, for mid-century reformers the institution of a general register of deeds was the greatest prize within their reach, and for John Campbell, chairman of the Real Property Commissioners, failure to grasp it was a continuing disappointment.3 Twenty years after their report he was still vying with Lord Brougham for the honour of being the man finally to introduce the system into England, and they were both still blaming shabby tactics by country solicitors for thwarting them.
Retrospect and Epilogue
Authors: Anderson J Stuart
Published: October 2023

1. The state recruited mainly from the bar, judges great and minor, the law officers, inspectors permanent or ad hoc, even so-called Solicitors to government departments, and whether the posts were new or old. This was a perennial complaint from law societies. Lord Cairns in 1875 had thought doing without district registries preferable to staffing them with solicitors. Of the seven First Class Clerks brought into the Land Registry in 1911, the men who did the really skilled work, barristers numbered six and solicitors one. Putting it differently, barristers permeated the state machinery far more effectively than solicitors did, hence continuing Law Society enthusiasm for a Ministry of Justice that might provide a second chance. Excluded from the state by the bar’s superior status the solicitors remained overwhelmingly a private sector profession. If the state then went into the business of providing services, the most that could be hoped was that it would act as though it were a rival professional formation, allowing solicitors the chance to compete-as Johnson urged in 1874, Lake at the turn of the century, and as clearly happened over trusteeships at that same time.
The Study of a Therapeutic Prison
Authors: Genders Elaine , Player Elaine
Published: October 2023

At the Conservative Party conference in October 1993 the Home Secretary announced that the success of the government’s criminal justice policy would not be judged by a reduction of the prison population. Indeed, he anticipated that measures contained in the 1993 Criminal Justice Bill, which were designed to ‘tilt the balance’ in favour of the police detecting more offenders and the courts convicting more of the guilty, would inevitably swell the numbers received into custody. To rapturous applause he denounced the pessimism which had dogged penal debates for the past two decades and declared that ‘prison works’. Despite a notable absence of any reference to empirical evidence which supported this assertion, and a blatant disregard of that which directly refuted it, he observed that prison ‘works’ by keeping persistent offenders out of circulation and by acting as a deterrent at both an individual and general level. He did not, however, stake a claim for the rehabilitative potential of imprisonment.
Therapy at Grendon
Authors: Genders Elaine , Player Elaine
Published: October 2023

While Grendon is depicted as a therapeutic community, it is perhaps more accurate to conceive of it as a collection of therapeutic communities which co-operate and share resources within an overall institutional setting. The aim of this chapter is to examine in greater detail how the three treatment wings are structured and to consider what consequences this has for the accommodation of therapy. We begin by describing the ideal typical therapeutic community and discussing its history and theoretical foundations. The focus then turns to the communities in Grendon to examine the extent and ways in which they conform to this ideal type. Attention is directed to the degree of uniformity which exists across the separate communities in the everyday routines and procedures which facilitate therapeutic practice. Procedural and structural differences in the provision of therapy on the three wings are also reviewed and examined in relation to their effects upon two specific areas of interest: first, the length of time inmates spend at Grendon; and secondly, their participation in, and experience of, the therapeutic process.
Current Dilemmas
Authors: Genders Elaine , Player Elaine
Published: October 2023

One of the fundamental questions which this research set out to examine was whether a therapeutic prison is possible. The social organization of penal institutions is characteristically defined as being antithetical to rehabilitative efforts. Yet Grendon has survived for more than thirty years with the objective of providing psychological treatment for offenders. Earlier chapters have described how the prison accommodates the working practices of the therapeutic community and how the traditional prison roles of staff and inmates are modified to enable the communities to function. We have suggested that this co-operation between the prison and the therapeutic community is made possible by the fact that both institutions share the same personnel, and both are designed to exert control over a clearly defined and deviant population. In this final chapter we examine the nature of the control that operates at Grendon, the nature of the authority that underpins and legitimizes it, and how it differs from that which is exercised in conventional prisons. In addition, we explore the underlying forces which secure commitment to the institution on the part of both staff and inmates.
The Relevance of the Strasbourg Proceedings for the United Kingdom Courts
Authors: Clapham Andrew
Published: October 2023

The same question may arise simultaneously in the United Kingdom courts and before the European Commission of Human Rights. For example, in the Kirkwood case, Earl Kirkwood had complained to the Commission that his extradition to California (where he was wanted for murder) would constitute inhuman or degrading treatment. The warrant for his extradition was issued before this application was heard. When the application for judicial review of this decision came before the High Court, Kirkwood’s other application was still pending before the Commission. The High Court decided not only that the Secretary of State was not bound to consider the substantive provisions of the Convention, but also that the Secretary of State is not obliged to consider the actual fact of a pending application before the European Commission of Human Rights concerning the same circumstances.