bluuebunny/crossref_metadata_2025 huggingface dataset:
The Jesuit Specter in Imperial Germany
Authors: Bowman William D.
Published: February 2008

In the 1970s and'80s, scholars of religion in Central Europe would habitually claim that this topic was overlooked in histories of the modern era. On the one hand, prevailing paradigms of secularization and modernization seemed to squeeze out religion as a serious topic for analysis. On the other, old-fashioned institutional church histories, often apologetic in character, did not make religion seem like a very promising or exciting area for social and cultural historians. How things have changed. Now, confessional identity and religious culture are at the very heart of our understanding of modern Germany (and Austria). The work of Thomas Nipperdey, Margaret Lavinia Anderson, David Blackbourn, Helmut Walser Smith, Wolfgang Altgeld, and Jonathan Sperber, among many others, has revolutionized scholarship on Germany in particular and Central Europe in general. At present, it is hard to imagine serious discussions of the nineteenth and twentieth centuries without some treatment of confessional issues. Many scholars would go much further and place religion and religious issues at the heart of political and intellectual developments in the modern era. Róisín Healy clearly falls into this latter camp. Her recent study, The Jesuit Specter in Imperial Germany, builds upon some of the perspectives and conclusions offered by recent scholarship and mines new ground in its portrayal of “Anti-Jesuitism” as a political and intellectual movement in Imperial Germany.
Vertriebene und “Umsiedlerpolitik.” Integrationskonflikte in der deutschen Nachkriegsgesellschaft und die Assimilationsstrategien in der SBZ/DDR 1945-1961
Authors: Beer Matthias
Published: February 2008

Among forced population transfers in the twentieth century, the expulsion of the German population from East Central Europe at the end of World War II was remarkable. More than twelve million Germans were expelled from the eastern parts of the German Reich and some eastern European states. These refugees arrived in a defeated, occupied, destroyed, and divided country. Initially, the percentage of expelled persons in the Soviet Occupation Zone was much higher than in the western zones. With almost 4.5 million individuals, the expellees made up twenty-four percent of the total population in the Soviet Occupation Zone in 1949. By contrast, western Germany had eight million expellees, who comprised roughly sixteen percent of the total population.
Beyond Justice: The Auschwitz Trial. By Rebecca Wittmann. Cambridge: Harvard University Press. 2005. Pp. 336. $35. ISBN 0-691-03199-1.
Authors: Breitman Richard
Published: February 2008

In Eichmann in Jerusalem, Hannah Arendt used elements of Israeli interrogations and portions of the Jerusalem trial to reconstruct Eichmann's career, his role in the Final Solution, and, in sketchy strokes, the Final Solution itself. She did not cover the trial in detail: In his memoirs, Raul Hilberg even suggested that she did not personally attend Eichmann's testimony. A philosopher by training, she also did not conduct primary source research. She simply read deeply into Eichmann's own version of events, accepting much, questioning some, creating a plausible and readable story that included scenes from the trial.
Discrimination and Free Movement in EC Law
Authors: Bernard Nicolas
Published: February 2008

Fundamental issues sometimes hide themselves behind what to an untrained eye might look like a technical and somewhat dry debate. Thus, a layman hearing Community lawyers' talk about the legal basis of legislation might be excused for not realising that the issue may be that of the role of the European Parliament in the European Union, and therefore the democratic legitimacy of the EU institutions. The debate about the function of the concept of discrimination in the law on the free movement of goods, services and persons in the Community is one of those discussions which has more to offer than meets the eye. What the debate is really about is the balance of powers between the member States and the Community and the federal nature of the Community legal order as well as, incidentally, the balance between market principles and other values embodied in legislation. Translated by specialists in the free movement of goods in the Community, it has become, in the context of Article 30 of the Treaty: should we read a “rule of reason” within Article 30, or can Cassis de Dijon be explained in terms of indirect discrimination?
From Migrants to Citizens? European Community Policy on Intercultural Education
Authors: Cullen Holly
Published: February 2008

Policy-making in the European Community in the area of education for migrants is driven by two conflicting pressures. On one side, the principle of effectiveness requires that the rights of free movement within the Community be supported by the best possible education for the children of migrants. However, on the other side is the importance of primary education to the member States as a political and cultural matter. This pressure is reinforced by the principle of subsidiarity. Member States have been relatively willing to support co-operative action by the Community in the area of higher education, such as in the ERASMUS exchange programmes. However, member States have been active in protecting their jurisdiction over education policy, particularly at the primary and secondary levels. As result, Community laws protecting the education rights of migrants have been most effective where two factors are present: first, that the rules are closely attached to the rights of free movement within the single market; and second, that the rules interfere as little as possible with substantive education policy. The first factor constitutes a significant weakness in Community education rights because it has created a distinction between Community migrants and those from third countries. The second factor has meant that the only Community policy on the education of migrants which could be described as an education right is the guarantee of equality of access to education within a member State.
Security Council Working Methods and Procedure: Recent Developments
Authors: Wood Michael C.
Published: February 2008

The Council should not commit itself to procedures which in practice might prove to be excessively rigid, since each dispute with which the Council has to deal has unique characteristics. Attention has been drawn to the danger that any premature formalization of the procedures of the Council might impede the latter in the discharge of its responsibilities under the Charter.1
The Legality of the 1993 US Missile Strike on Iraq and the Right of Self-Defence in International Law
Authors: Kritsiotis Dino
Published: February 2008

In the early evening hours of Saturday, 26 June 1993, the United States launched a missile attack on Iraq. Twenty-three Tomahawk sea-to-ground missiles were fired from two US warships, the USS Chancellorsville and the USS Peterson, located in the Persian Gulf and the Red Sea respectively.1Sixteen of those launched hit their desired military target, the Military Intelligence Headquarters, situated just outside the Iraqi capital of Baghdad. A further four missiles fell within the compound of the intelligence service complex. Conflicting reports put the death toll at between six and eight civilians, with 20 injured, when the remaining three missile warheads went astray.2The Venezuelan Embassy was also reported to have been damaged.3
Does the EFTA Court Interpret the EEA Agreement as if it were the EC Treaty? Some Questions Raised by the Restamark Judgment
Authors: Kronenberger Vincent
Published: February 2008

The European Economic Area (EEA) Agreement signed in May 1992 between the European Free Trade Area (EFTA) States, the European Community (EC) and the EC member States' seeks to establish “a dynamic and homogeneous” area by extending provisions which apply within the European Community to the EEA.2 The first decision of the EFTA Court,3 interpreting the EEA Agreement to determine its application within the legal orders of the EFTA States, concerned the Finnish alcohol monopoly. The Restamark decision was awaited with great interest to know to what extent the EFTA Court would follow the European Court of Justice's interpretation of the EC Treaty in order to achieve the aims of the EEA Agreement.
Subdivided Buildings—Developments in Australia, Singapore and England
Authors: Christudason Alice
Published: February 2008

This article considers the development in several Commonwealth jurisdictions of the law relating to “horizontal subdivisions”2, or subdivided buildings. The latter expression describes the situation where title to land can relate to a slice of defined area or cubic space, which is not grounded on the surface layer of the earth, and is divided not only horizontally, but vertically as well.
Palm-Fringed Benefits: Island Dependencies in the New Law of the Sea
Authors: O'Keefe Roger
Published: February 2008

The genius of the century is also changing the conditions of our action overseas, leading us to bring an end to colonization. It is entirely natural that one should feel nostalgia for what was the Empire, just as one may regret the gentle light of oil lamps, the splendour of the navy under sail. But there is no valid politics outside realities.
Adverse Possession of Land in Scots and English Law
Authors: Cusine D. J.
Published: February 2008

In Scotland, like England, possession plays a part in landownership. In Scotland a non-owner may acquire a title to land by the operation of prescription;1 in England the title of an owner may be lost by limitation2 but an easement can be acquired by prescription,3 as can a servitude in Scotland.4 Because the acquisition of ownership in Scots law is by the operation of prescription, both a title and possession are necessary,5 whereas in England only possession is required. Although the theory behind and the purpose of adverse possession are different in each jurisdiction, as are the periods of possession, the result in many cases will be similar. The purpose of this article is to look at the similarities and the differences, and to consider recent cases on possession in each jurisdiction to show to what extent, if at all, one jurisdiction may learn from the other. The Prescription & Limitation (Scotland) Act 1973 codified the law and, although it shortened the period of prescription, cases decided under the previous law, notably those on the requisites of possession, are still relevant.
Trinidad and Tobago: A Case for Reform in the Law of Succession
Authors: Tesheira Karen
Published: February 2008

It is rather distressing, if not tragic, that the Republic of Trinidad and Tobago, with a relatively large legal population and a somewhat litigious reputation, has earned itself the dubious distinction of having the most archaic, if not the most inequitable, succession laws in the English-speaking Caribbean, second only to the Bahamas.
The Polish Ombudsman and the Transition to Democracy
Authors: Elcock Howard
Published: February 2008

A great deal has happened since the first Polish Commissioner for Citizens' Rights Protection discussed the role of her office in this journal in January 1990.1At that time, the communist regime had given place to Eastern Europe's first non-communist government, led by Tadeusz Mazowiecki, after the elections of June 1989. Following the Polish United Workers' Party's defeat then, communism collapsed throughout Eastern Europe. Poland itself has since moved somewhat shakily towards a pluralist democratic regime, with a directly elected president and two chambers of Parliament in which multi-party systems now operate. However, despite some suggestions that the institutions created during the communist period should be swept away after communism fell, several of them have made the transition to the new liberal-democratic State. These institutions include three that were created by the Jaruszelski regime during the 1980s in order to try to win back its fading popular legitimacy: the Supreme Administrative Court (SAC), the Constitutional Tribunal (CT) and the Commissioner for Citizens' Rights Protection (CCRP), or Ombudsman. Since the fall of communism, the need for administrative adjudication has both changed and become greater, especially because there has not yet been any agreement on a new Polish constitution. The number of complaints sent to the CCRP's office rose from 22,764 in 1990 to 29,273 in 1993. This short article gives an account of the principal developments in the Commissioner's role since 1990. Professor Letowska was replaced in the office in 1991 by Professor Tadeusz Zielinski, from the University of Krakow, and the change in incumbent has produced significant changes in practice as well as continuity.
The International Criminal Tribunal for Yugoslavia: The Decision of the Appeals Chamber on the Interlocutory Appeal on Jurisdiction in the Tadic Case
Authors: Warbrick Colin , Rowe Peter
Published: February 2008

Dusko Tadić is a Bosnian Serb. He is the first defendant of whom the International Criminal Tribunal for Yugoslavia (the “Tribunal”) obtained custody, following his transfer to the Tribunal at its request from Germany. Tadić had been arrested there and investigations had begun into his involvement in offences in Yugoslavia. These enquiries were discontinued at the request of the Tribunal.1
II. Agriculture, Environment and Fisheries
Authors: Newman Karl , Snyder Francis
Published: February 2008

By far the most significant recent developments in the field of agriculture stem from the Uruguay Round concluded in Marrakesh on 15 April 1994. Subject to ratification by all signatories, the Final Act and the WTO Agreement may be expected to complement the MacSharry reforms1 in leading to substantial changes in the Common Agricultural Policy (CAP).2 Of special importance are the Agreement on Agriculture and the Agreement on the Application of Sanitary and Phytosanitary Measures.3 The same may be said of the International Dairy Arrangement4 and of the Arrangement regarding Bovine Meat negotiated bilaterally with Uruguay.5 All these agreements have been approved on behalf of the European Community with regard to matters falling within its competence.6
Sustainable Development and Human Rights: An Integrated Conception
Authors: McGoldrick Dominic
Published: February 2008

This article seeks to present an integrated conception of sustainable development, with particular emphasis on the contribution of international human rights law and theory. Part II considers a structural conception of sustainable development. Part III considers parallels between sustainable development and self-determination. Part IV provides some general reflections on international environmental law and international human rights law in terms of analogous concepts, principles and systems. What similarities are there and what differences? Part V considers the progress made towards recognition of a “human right to the environment”. Part VI considers how international environmental claims could be brought within the existing international human rights complaint systems. Part VII analyses the judgment of the European Court of Human Rights in theLopez Ostracase (1994), the leading case on environmental claims to have reached that Court.
Privatisation and EC Law: Is the European Commission “Neutral” with Respect to Public Versus Private Ownership of Companies?
Authors: Verhoeven Amaryllis
Published: February 2008

This article discusses the European Commission's and European Court of Justice's control of member States' privatisation operations under the State aid and free movement rules. In particular, it is concerned with the question whether and to what extent such control is compatible with the EC Treaty' s “neutrality” towards member States' choices as to the private or public character of their national economies.
Torts in Private International Law: A New Statutory Framework
Authors: Morse C. G. J.
Published: February 2008

Part III of The Private International Law (Miscellaneous Provisions) Act 1995 entered into force on 1 May 19961. As from that date2, the choice of law rules for tort developed in the common law will be abolished, in respect of most causes of action in tort3, and will be replaced by statutory rules of a radically different character4. The new choice of law rules essentially provide that, as a general rule, the law applicable to a tort is the law of the country5 in which the events constituting the tort in question occur6. This general rule may be subject to displacement where, in the light of a comparison between the significance of the factors connecting the tort with the country whose law is applicable under the general rule, and the significance of the factors connecting the tort with another country, it appears substantially more appropriate for the applicable law to be the law of that other country7. The express abolition of the common law rules is (with one significant exception)8 effected by section 10 of the Act. That section provides:
the rules of the common law, in so far as they—

(a) require actionability under both the law of the forum and the law of another country for the purpose of determining whether a tort or delict is actionable; or

(b) allow (as an exception from the rules falling within paragraph (a) above) for the law of a single country to be applied for the purpose of determining the issues, or any of the issues, arising in the case in question,

are hereby abolished so far as they apply to any claim in tort or delict which is not excluded from the operation of this Part by section 13 below.
II. Unrecognised States and Liability for Income Tax
Authors: Warbrick Colin , McGoldrick Dominic , Warbrick Colin
Published: February 2008

The object of this short note is to draw attention to a decision of the Special Commissioners of Inland Revenue (the Commissioners) which deals with the liability for income tax of officials of an unrecognised State.1 Section 321 of the Income and Corporation Taxes Act 1988 (the Taxes Act) provides exemption from liability for income tax for foreign consuls in the United Kingdom and for “an official agent in the United Kingdom for any foreign state, not being … a Commonwealth citizen”. An “official agent” is a person, other than a consul, “who is employed on the staff of any consulate, official department or agency of a foreign state”.
State Immunity in Employment Matters
Authors: Garnett Richard
Published: February 2008

An area which has received little attention in the academic literature of foreign State immunity to date is that concerning immunity in employment matters.1This omission can probably be explained by the scant case law which has hitherto existed on the subject. However, in recent years the number of decisions has increased due to the fact that employment by States of foreign nationals has become far more common. Developing countries in particular, as they seek to create new industries, have become increasingly reliant on advisers and technicians from the developed world.
III. External Relations
Authors: Adams Catherine , Sands Philippe
Published: February 2008

Developments in the external relations policy and law of the European Union are too numerous to describe comprehensively in this note. We have therefore identified and described what we consider to be some of the more significant issues. These are: recent moves towards enlargement, in particular the Union's pre-accession strategy; expansion of the Union's regional co-operation policies; the mid-term review of the Lomé Convention; and progress in the 1996
Policies Underlying the Enforcement of Foreign Commercial Judgments
Authors: Ho H. L.
Published: February 2008

There is a tendency to divide legal development into historical stages, to say how wrong and befuddled we were in the past and to describe how we came finally to see the light. This inclination is particularly evident in the area of enforcement of judgments given by courts of foreign countries (in this article the term “foreign judgments” is confined to such judgments). Before the turn of this century, the main bases for enforcement were the concept of “comity” and the doctrine of “sovereignty”. These were criticised by later generations of lawyers who were uncomfortable with the vagueness of the terms and who could not agree on what they meant and how they should be used. In modern times positivist bases have been substituted in their place. So we had the “vested rights” theory, which did not last long as it was soon overshadowed by the “obligation” rationalisation. Most writers accept and, in their account of the theory of the law in this area, do not attempt to go beyond these words of Blackburn J: “The judgment of a court of competent jurisdiction over the defendant imposes a duty or obligation on him to pay the sum for which judgment is given, which the courts in [the country of enforcement] are bound to enforce.”
Falkland Islands—Maritime Jurisdiction and Co-Operative Arrangements with Argentina
Authors: Churchill R. R.
Published: February 2008

An earlier note in this series' gave an account of the normalisation of relations between the United Kingdom and Argentina and the establishment of co-operative arrangements relating to fisheries in 1990. The present note focuses on the establishment of co-operative arrangements for seabed resources in 1995. It also gives a brief account of the extension of maritime jurisdiction around South Georgia and the South Sandwich Islands in 1993. First, in order to set the co-operative arrangements for seabed resources in context, a brief recapitulation of the cooperative arrangements for fisheries and their operation in practice since 1990 will be given. The map appended to the article illustrates and enlarges on the text.
Contempt: In the Common Law, but not the Civil Law
Authors: Chesterman Michael
Published: February 2008

To allow Court orders to be disobeyed would be to tread the road towards anarchy. If the orders of the Court can be treated with disrespect, the whole administration of justice is brought into scorn. Daily, thousands of Canadians resort to our Courts for relief against the wrongful acts of others. If the remedies that Courts grant to correct those wrongs can be ignored, then there will be nothing left but for each person to take the law into his own hands. Loss of respect for the Courts will quickly result in the destruction of our society. [O'Leary J, inCanada Metal Co. Ltdv.Canadian Broadcasting Corporation(1975) 48 DLR 3d 641, 669 (High Court of Ontario)]
Treaties and Treaty Materials: Role, Relevance and Accessibility
Authors: Gardiner Richard
Published: February 2008

Many, if not most, matters regulated by international law tend now to bring into issue obligations under treaties. Yet even if a dispute centres on interpretation of a particular treaty provision, the text of the treaty will not necessarily be the sole consideration. More often than not tribunals look to preparatory work of a treaty, sometimes almost as a first resort rather than as a subsidiary means of interpretation; and both formal and less formal instruments associated with a treaty—declarations, reservations and a whole range of possible materials—may be relevant to the particular matter. All these are described here as “treaty materials” and it is the present purpose to explore the scope and role of such materials.
III. Intellectual Property
Authors: Newman Karl , Seville Catherine
Published: February 2008

The period since the last note on this subject has been eventful.1 There have been some important legislative measures, and a good deal of significant case law. However, contradictory messages are being conveyed. The volume of legislation marks the Community's recognition of the economic value of intellectual property rights in international trade. Its broad aim is, as always, to achieve a level playing-field for competition, and to integrate the market by removing restrictions on the free movement of goods. Yet the unwavering adherence to the principle of free movement is being challenged in several areas, precisely because of its effect on competition, notably in the pharmaceuticals market.
IV. Transport
Authors: Newman Karl , Greaves Rosa
Published: February 2008

In the past 18 months developments which have been most relevant to the transport industry as a whole involve the control of State aids and external relations. In addition, at the end of 1995, the Commission published a Green Paper entitled “Fair and Efficient Pricing in Transport”,1the aim of which was to initiate a debate on how best to allocate the true costs of transport among those who generate them, in the fairest manner. The argument of the paper is that each form of transport should bear the external costs for which it is responsible. This position has been hotly disputed.
British Accession to the UN Convention on the Law of the Sea
Authors: Anderson D. H.
Published: February 2008

On 21 July 1997 the Foreign and Commonwealth Secretary announced the United Kingdom's decision to accede to the United Nations Convention on the Law of the Sea (“the Convention”), a decision which was acted upon four days later in New York. The United Kingdom thus became the 119th State to establish its consent to be bound by the Convention and the 82nd party to the Agreement of July 1994 on the Implementation of its Part XI (“the Implementation Agreement”).
The Rights of Indigenous Peoples in Lands Once Part of the Old Dominions of the Crown
Authors: Mason Anthony
Published: February 2008

Of all the rights of indigenous people, none is more central to the survival of their culture than the claim to their ancestral lands. The resolution of their claims to ancestral lands is one of the fundamental issues of our time—indeed of all time. Often called a human rights issue—a description apt to reinforce the strong moral foundations of the claims of the indigenous peoples—it is an issue which we cannot ignore. Throughout the world people of all races and all colours have a powerful emotional attachment to their ancestral lands. That attachment is the very core of a people's culture and is vital to the survival of the culture. As the UN Human Rights Committee has recognised, in the context of the exercise of cultural rights protected by Article 27 of the International Covenant on Civil and Political Rights, “culture manifests itself in many forms, including a particular way of life associated with the use of land resources”.
The Privy Council and New Zealand
Authors: Richardson Megan
Published: February 2008

Historically, New Zealand has indicated an ambivalent attitude to the Privy Council. The appeal has existed for New Zealand since the Supreme Court was established in 1841 and the first case on appeal was heard in 1849. But, as early as 1903, the Bench and Bar protested against the judgment of the Privy Council in Wallis v. Solicitor-General as showing ignorance of New Zealand law and social conditions.
The International Criminal Tribunal for the Former Yugoslavia and the Reluctant Witness
Authors: Hampson Françoise J.
Published: February 2008

Three are many reasons why a person may be reluctant to appear before a court as a witness. This article concerns the ability of the International Criminal Tribunal for the Former Yugoslavia to compel witnesses to attend and also to answer questions when they are before the Tribunal. This second issue is more accurately represented as an ability to impose a sanction for the refusal to answer a question. This in turn raises the important question whether there are circumstances in which an individual may legitimately (i.e. without sanction) refuse to answer.
Revising the Law of Carriage by Air: Mechanisms in Treaties and Contract
Authors: Gardiner Richard
Published: February 2008

For most international travellers by air the Warsaw Convention, if it impinges on their consciousness at all, probably only raises a faint association with limitation of liability and with warning notices in various sizes of print on a passenger's ticket or ticket envelope. Only the most serious dearth of alternative reading, lack of airport facilities or unusual curiosity would be likely to induce an air traveller to read all the conditions and notices on the ticket.
Hong Kong's Bill of Rights: Its Reception of and Contribution to International and Comparative Jurisprudence
Authors: Chan Johannes M. M.
Published: February 2008

The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.
The Historical Development of the Application of Humanitarian Law in Non-International Armed Conflicts to 1949
Authors: Moir Lindsay
Published: February 2008

That humanitarian rules were applicable in armed conflicts was accepted long before the nineteenth century, but the fact that non-international armed conflicts were regarded as beyond the ambit of international regulation meant that the application of such norms to internal armed conflicts was certainly not a matter of course. Towards the end of the eighteenth century there had been a move towards the application of the laws of warfare to non-international armed conflicts as well as international conflicts, but this was based on the character of the conflicts and the fact that both were often of a similar magnitude, rather than any humanitarian concern to treat the victims of both equally. Not until the nineteenth century did the application of the laws of war to non-international armed conflicts become a widespread issue in international law.
The Right to Return Home: International Intervention and Ethnic Cleansing in Bosnia and Herzegovina
Authors: Cox Marcus
Published: February 2008

The use of terror to separate the ethnic groups in Bosnia and Herzegovina was a deeply tragic episode, with devastating effects on the lives of millions of people. Although the Dayton Agreement of December 1995 has brought a fragile peace to Bosnia and Herzegovina, it has done so at the cost of the division of its territory, its population and almost every aspect of civil life along ethnic lines. Two years into the peace process, the progress of return of refugees and displaced persons has been extremely disappointing. More than two million people—almost half the population—are still dispossessed of their homes. Some 600,000 of these are refugees abroad who have not yet found durable solutions, many of whom face the prospect of compulsory return into displacement within Bosnia and Herzegovina in the near future. Another 800,000 have been internally displaced to areas in the control of their own ethnic group, living in multiple occupancy situations, in collective centres or in property vacated by the displacement of others, often in situations of acute humanitarian concern. The fundamental issue for the future of the postwar society of Bosnia and Herzegovina is whether these people can or will return to their homes.
WTO Dispute Settlement: Praise and Suggestions for Reform
Authors: Schoenbaum Thomas J.
Published: February 2008

We have now had three years' experience with the dispute-settlement process of the World Trade Organization (WTO), which came into existence as a result of the Uruguay Round of trade negotiations on 1 January 1995. By any objective standard, this system of dispute settlement is a resounding success. Well over 100 cases have been brought to the WTO, and, as at the end of 1997,25cases had been settled at the consultation stage, 61 were under consultations and 36 were in or beyond the panel-appeal process. The newly created Appellate Body has decided nine cases, the quality of its opinions as well as those of the dispute-settlement panels is generally excellent. Member States of the WTO are complying with the rulings and recommendations adopted by the Dispute Settlement Body of the WTO.
Down the Danube: The Vienna Convention on the Law of Treaties and the Case Concerning the GabcïKovo-Nagymaros Project
Authors: Reichert-Facilides Daniel
Published: February 2008

Over the last 30 years, the Vienna Convention on the Law of Treaties1 has emerged as one of the most influential instruments of modern international law. The Convention, which was adopted at the UN Conference on the Law of Treaties on 23 May 1969, entered into force on 27 January 1980 and has meanwhile been ratified by more than 80 States.2 Yet, as it does not operate retroactively,3 the scope of application is growing only slowly and its practical importance stems, rather, from the fact that the Convention is widely considered a restatement of customary international law. As early as 1971 the International Court of Justice referred to the articles governing termination for breach of treaty as a codification of the existing law on the subject.4 Since then both international tribunals and national courts have more and more habitually relied on the material provisions of the Convention to ascertain traditional rules of the law of treaties.5
Comparative Advertising in the European Union
Authors: Spink Paul , Petty Ross
Published: February 2008

More than 20 years after the measure was first proposed, the European Union has finally succeeded in adopting a directive designed to harmonise disparate national laws relating to the use of comparative advertising in the single market.1 In this article the authors examine the background, rationale and substance of the new legislation, before considering its impact on the current UK law. With a view to the possibility that implementation may contribute to the transatlantic harmonisation of advertising law, the new regime is measured against the liberal benchmark of US case law and recent Federal Trade Commission policy.
The Interpretation of “Treaties in Force” in Article 35(2) of the Statute of the ICJ
Authors: Yee Sienho
Published: February 2008

Every member State of the United Nations is a party to the Statute (the Statute) of the International Court of Justice (the Court or ICJ).1 In addition, a non-member State may also become a party to the Statute.2 The Court is open to the States parties to the Statute.3 As to those States that are not parties to the Statute, Article 35(2) of the Statute provides:

The conditions under which the Court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court.
The “Right to Take Part in Cultural Life” Under Article 15 of the ICESCR
Authors: O'Keefe Roger
Published: February 2008

The fans' representatives also had some thoughts on the televising of games and pay-per-view television. They proclaimed “the right of fans to watch football matches on television without having to pay extra, since they take place in public arenas which have been paid for by the citizens”.1
The 1996 Nuclear Weapons Advisory Opinion and Non Liquet in International Law
Authors: Aznar-Gomez Mariano J.
Published: February 2008

Following extensive debate by the great theoreticians of public international law earlier in this century,1 it might seem that the completeness of the international legal order is now a banal issue, which should be remembered only as an academic dispute.2

It might have been so had the International Court of Justice not intervened, perhaps unintentionally, in its advisory opinion of 8 July 1996 concerning the Legality of the Threat or Use of Nuclear Weapons3 In her dissenting opinion, Judge Rosalyn Higgins argues that “the Court effectively pronounces a non liquet on the key issue on the grounds of uncertainty in the present state of law, and of facts”.4 In her view, the Court thus interrupted a line of case law which, in theory, had endorsed the idea of the completeness of international law and which, in practice, made it unthinkable that an international judge or arbitrator should actually pronounce a non liquet.5
The Interpretation of Article 30 of the EC Treaty and the “Dormant” Commerce Clause by the European Court of Justice and the US Supreme Court
Authors: Haibach Georg
Published: February 2008

There are numerous publications on the interpretation of Article 30 of the EC Treaty by the European Court of Justice1which for the last 20 years has been one of the most controversial issues in EC law. It is, however, surprising that there is much older, yet strikingly similar, case law of the US Supreme Court which has remained almost unnoticed in Europe. In this article the respective case law of the two courts will be compared. Such a comparison is not only of interest as such, but can also contribute to the discussion about the correct scope of Article 30—which has certainly not yet been exhausted.
Aboriginal Rights and Sustainable Development in Canada
Authors: Glenn Jane Matthews , Drost Anne C.
Published: February 2008

This article explores briefly the relation between aboriginal rights and sustainable development in Canada, using as a vehicle for discussion the decision of the Supreme Court of Canada in Delgamuukw v. British Columbia.1 This case involved claims by the Houses of Gitksan and Wet'suwet'en, comprising some 6,000 to 7,000 persons, to aboriginal title over separate portions of approximately 58,000 square kilometres of land in the interior of British Columbia. The territory is a rich agricultural area with vast forests and abundant wildlife.
The First Pinochet Case: Immunity of a Former Head of State
Authors: Warbrick Colin , McGoldrick Dominic , Fox Hazel
Published: February 2008

The case of Pinochet has aroused enormous interest, both political and legal. The spectacle of the General, whose regime sent so many to their deaths, himself under arrest and standing trial has stirred the hopes of the oppressed. His reversal of fortune, loss of liberty with a policeman, on the door, has been heralded by organisations for the protection of human rights as one small step on the long road to justice. For lawyers generally, the House of Lords' majority decision of 1998 that General Pinochet enjoyed no immunity signalled a shift from a State-centred order of things.1 It suggested that the process of restriction of State immunity, so effectively begun with the removal of commercial transactions from its protection, might now extend some way into the field of criminal proceedings. And it further posed the intriguing question whether an act categorised as within the exercise of sovereign power, so as to relieve the individual official of liability in civil proceedings, may at the same time, as well as subsequent to his retirement, attract parallel personal criminal liability.
Lender of Last Resort, an International Perspective
Authors: Lastra Rosa Maria
Published: February 2008

The name “lender of last resort” owes its origins to Sir Francis Barings, who in 1797 referred to the Bank of England as the “dernier resort” from which all banks could obtain liquidity in times of crisis.1The lender of last resort (“LOLR”) role of the central bank remains a major rationale for most central banks around the world, in both developed and developing countries.2While other central bank functions have recently come under fire (e.g. banking supervision), the importance of having the LOLR under the umbrella of the central bank is seldom contested.3It is the immediacy of the availability of central bank credit (the central bank being the ultimate supplier of high-powered money) that makes the LOLR particularly suitable to confront emergency situations.
TheEritrea-YemenArbitration: First Stage—The Law of Title to Territory Re-Averred
Authors: Antunes Nuno Sérgio Marques
Published: February 2008

In December 1995 Eritrean and Yemeni armed forces clashed in one of the islands situated off the coast of these two States in the Red Sea (Greater Hanish1). Behind the incident was a dispute concerning,inter alia, the territorial sovereignty over several uninhabited islands in the area, the definition of the maritime boundary between the two States and the use of the waters surrounding the islands by fishermen of both States.2Undoubtedly, this dispute is deeply rooted in the history of the two States, and their peoples.
Jurisdiction to Grant an Interim Freezing Order: Anglo-Japanese Comparison
Authors: Takahashi Koji
Published: February 2008

If a defendazCnt to legal proceedings conceals or dissipates his assets before a judgment is given, the execution of the ensuing judgment may become impossible. To preserve the possibility that a future judgment will be executed, both English and Japanese courts have power to grant interim relief freezing a defendant's assets. As is well known, this is achieved in England by the Mareva injunction, which is now called simply “freezing injunction” with the implementation of the new Civil Procedure Rules. In Japan, it is the kari-sashiosae order available under the Civil Interim Relief Law (Minji Hozen Ho)1 which serves this purpose.
II. The Brussels II Convention
Authors: Kennett Wendy , Kennett Wendy
Published: February 2008

The other development under the justice and home affairs pillar of the Union relevant to European civil procedure is the so-called Brussels II Convention: the Convention on Jurisdiction and Enforcement of Judgments in Matrimonial Matters signed on 28 May 1998. This Convention continues the work of the 1968 Brussels Convention by extending similar principles to the field of matrimonial matters. The earlier Convention is seen as the general convention and the 1998 Convention as a lex specialis which follows the principles of the earlier Convention as far as possible.
The Notion of “Reasonable” in International Law: Legal Discourse, Reason and Contradictions
Authors: Corten Olivier
Published: February 2008

Far from being confined to its most obvious manifestations, such as in the right to be tried within a “reasonable time” guaranteed by Articles 5 and 6 of the European Convention on Human Rights, references to the notion of “reasonable” are found in a large variety of primary rules pronounced in both legal instruments and the case law.1
The Pinochet Case No. 3
Authors: Warbrick Colin , McGoldrick Dominic , Fox Hazel
Published: February 2008

The decision of the Appellate Committee of the House of Lords, given on 24 March 1999,1 confirms, by the impressive vote of 6 to 1, the earlier majority ruling that a former head of state enjoys no immunity in extradition or criminal proceedings brought in the United Kingdom in respect of the international crime of torture.
IV. External Relations
Authors: Newman Karl , Denza Eileen
Published: February 2008

The Treaty of Amsterdam, signed on 2 October 1997 and in force since 1 May 1999, will make important changes to the external powers and procedures of the European Union.
II. Antisuit Injunctions
Authors: Kennett Wendy
Published: February 2008

The judgment of the Court of Appeal in Turner v. Grovit13 is of particular interest to all those struggling to identify the precise relationship between Community law and English law in the field of jurisdiction, and the extent to which the English court retains a discretionary control over its procedure. The Court was asked to grant an anti-suit injunction to restrain proceedings in Spain. The claimant was employed as a Group solicitor for the Chequepoint Group of companies. He was employed by English companies within the Group, but was relocated to Spain to work at the premises of a Spanish member of the group (CSA). The ultimate owner of these companies was the first defendant, Mr Grovit. The claimant resigned because he felt that he was being asked to undertake activities that were unethical. He brought unfair dismissal and wrongful dismissal claims before the Employment Tribunal in London. Shortly thereafter he was sent a letter on CSA paper purporting to terminate his contract. A month after the Employment Tribunal had determined that it had jurisdiction to hear the case, CSA brought proceedings in Spain claiming that it was the claimant's employer and seeking damages for breach of contract. There was evidence that the defendants had not provided full information to the Spanish court about the English proceedings.
Independence: In or Out of Europe? An Independent Scotland and the European Union
Authors: Happold Matthew
Published: February 2008

There is a question mark over the future of the nation-state in Europe. National monetary policy has been transferred to the European level in most European Union member States. Over the next ten years the EU will have a stronger role in defence and foreign policy, immigration and law enforcement. The very policies that supposedly define the concept of national sovereignty are no longer the exclusive domain of national governments.
Developing States and International Environmental Law: The Importance of Differentiated Responsibilities
Authors: French Duncan
Published: February 2008

The protection of the global environment has become one of the central objectives of the international community in recent decades. Issues such as climate change, the depletion of the ozone layer, and the loss of the biological diversity has resulted in a growing international awareness of the problems facing the planet. Moreover, there is also recognition that States will need to act more collaboratively at the international level if effective solutions are to be found to these problems. However, concurrently there is also recognition that many States have pressing socio-economic concerns of their own, and that they have neither the resources nor the capabilities with which to devote to such global issues—so called “developing” States. This article examines the response of international environmental law to these two, potentially opposing, trends, viz., the need for universalism, on the one hand, and sensitivity to the needs of developing States, on the other. In particular, the article will examine the emerging legal principle of “common but differentiated responsibilities”, as well as discussing the various means of operationalising it. Nevertheless, as will be discussed below, there is still much debate as to the conceptual basis of this principle—leading one to question its real aim. Is it to contribute to a fairer world system in which developed States recognise their historical responsibility for past environmental damage, or is it simply an expedient means of ensuring the participation of developing States in what are primarily Northern concerns?