bluuebunny/crossref_metadata_2025 huggingface dataset:
Municipal Law
Authors: Amerasinghe C F
Published: November 2023

There are provisions of Statutes of international administrative tribunals which explicitly exclude the application of municipal law per se as the law governing the employment relationship. But even in the absence of such stipulation it seems to be generally accepted that the internal law of the organization is not the municipal law of the host State of the organization or of any other State, whether this includes private international law or not. It has been asserted explicitly or acknowledged implicitly in many decided cases that this position is the correct one. The WBAT, by not defining the internal law of the World Bank as synonymous with one or more municipal systems of law, implicitly accepted the argument of the respondent that general or particular national labour laws were not per se the source of law for the employment relationship in the organization.
Res Judicata and Review of Judgments
Authors: Amerasinghe C F
Published: November 2023

The application of the principle of res judicata may result in the inadmissibility of an action and thus pertains to the jurisdiction of international administrative tribunals. Conversely, the power of tribunals to review judgments which they have already rendered affords tribunals a reason for exercising jurisdiction and, consequently, also relates to their jurisdiction. In a sense, as will be seen, the jurisdiction to reopen a case in order to review a previous judgment derogates from the principle of resjudicata and is, thus, directly connected with that principle as a ground for inadmissibility.
Remedies in the UNAT
Authors: Amerasinghe C F
Published: November 2023

As noted in Chapter 26, the provisions on remedies of the Statute of the UNAT differ significantly from those in the Statute of the ILO AT . In effect there are apparently more limitations placed on the powers of the UNAT freely to grant remedies than on those of the ILOAT. Particularly, the choice between rescission or specific performance and the payment of compensation in lieu of rescission or specific performance lies with the respondent and not with the UNAT, and remand is ostensibly provided for only where the respondent requests it prior to the determination of the merits of the case and in respect of defects in procedures prescribed by the Staff Regulations and Staff Rules. Further, there appears to be a limitation on the amount of compensation that may be awarded, in so far as a ceiling of years’ salary is placed, with provision for the award of a higher amount in exceptional cases.
Aspects of Procedure
Authors: Amerasinghe C F
Published: November 2023

As already pointed out, the Statutes of international administrative tribunals have little to say on issues of procedure before such tribunals, while providing that the tribunals should establish their own procedures. Issues of procedure are thus determined generally under the rules of procedure of a tribunal or on the initiative of the tribunal by the application of general principles of law or what purport to be general principles of law. Reference is not usually made by tribunals to general principles of law as a source in settling issues of procedure which are not settled by a direct application of a written rule of procedure but it would seem that this is in most cases the intended legal source. Clearly, where a discretion is exercised in matters of procedure, it is exercised in a legal manner under an express or implied grant of power to do so.
Procedural Fairness
Authors: Galligan D J
Published: November 2023

Procedural unfairness is one of the main heads of judicial review of administrative action. It has a long history in the common law and was well established in judicial review in the nineteenth century. Cooper v. Wandsworth Board of Works is one of many cases which show that the courts at that time had no difficulty in relying on a general principle of procedural fairness in order to extend the hearing rule to administrative and ministerial decisions. Things did go wrong after that, with the courts drawing in the principle to cover only judicial type proceedings, until, eventually, in one of the great public law cases, Lord Reid rescued the principle and set it on its modern course.
English and Scottish Approaches
Authors: Cretney Stephen
Published: November 2023

In the offices of the English Law Commission there is prominently displayed a print of the Declaration of Arbroath (1320) which proudly asserts the determination of the Scots never to allow themselves to be subject to the domination of the English; and the integrity of the Scottish legal system is a matter to which importance—in recent years perhaps increasing importance-is rightly given. In the context of family law the result has been, not only a radically different conceptual framework for the private law affecting children, but some remarkable differences of legislative policy. For example, although the ground for divorce is similar on both sides of the Tweed, the Scot can petition for divorce as soon as he or she wants to do so and does not have to wait for at least a year from the marriage before starting legal proceedings for its dissolution. Again, the financial consequences of divorce in Scotland are governed by a statutory code1 of clearly articulated principles-for example, that financial provision for a dependent spouse should be such as to permit adjustment over a period of not more than three years to the loss of the other’s support whereas the comparable provisions of English law eschew any declaration of principle and may indeed be thought to have abdicated responsibility for decisions on policy to the judiciary. Finally, and perhaps most remarkably, whereas a twelve year-old Scottish child can make a valid will, English law confers this privilege only on infants who are mariners or in actual military service.
The Community Import Regimes for Sensitive Products: Textiles and Clothing, Japanese Cars, and Bananas
Authors: Eeckhout Piet
Published: November 2023

The Community’s policy concerning imports of textiles and clothing has to some extent already been dealt with in the preceding chapter. Nevertheless, it is necessary to analyse it in some more detail here, because not all the important developments that are taking place in the framework of this policy could be examined in the general overview which that chapter offers. More over, textiles and clothing are, from an economic point of view, a very sensitive sector, in which the Community’s industry experiences a lot of difficulties in competing with third-country suppliers. This was in the past reflected in the frequent application of Article 115, EC Treaty, with a view to shielding national markets from indirect imports of textile products originating in third countries. In turn, this frequency was already an important indicator of the lack of uniformity in the Community’s regulation of textile imports. Seen from this angle, this sector certainly also deserves some special attention in this study.
Processes and Governmental Strategies
Authors: Baldwin Robert
Published: November 2023

Governmental processes are generally linked to various broad strategies of government. Such broad strategies may involve, for example, providing for agency regulation in an area; or giving the sector over to operation by a public corporation; or imposing a system of monitored self-regulation; or delegating a public function to a private provider; or allowing the market to operate within a system of governmentally-imposed fiscal incentives. The processes that can be used are also various. Thus, for example, resort may be made to rules of different kinds but, alternatively, an array of adjudicative processes may be adopted; decisions may be made managerially; policies, actions, or decisions may be negotiated; formal or informal arbitrations may be conducted; particularized contractual arrangements may be employed; or inquiries of various kinds may be instituted. The linkage of process to strategy is, however, inevitably close, and it is accordingly difficult to claim legitimacy for a process if the overall strategy is not to be deemed worthy of support. To give an example: the maker of prescriptive regulatory rules on, say, pollution standards may rely heavily on the efficiency and due process rationales in claiming support for the processes adopted, but that support is unlikely to be forthcoming if critics are able to argue convincingly that the pollution could be controlled more efficiently and fairly by abandoning the strategy of regulating by prescriptive standard-setting and turning to another strategy-for instance one allowing market forces to govern the issue through processes of negotiation.
Conclusions
Authors: Baldwin Robert
Published: November 2023

In employing rules so as to contribute to good government difficult decisions have to be made concerning each of the various aspects of rules, and the alternatives to rules have always to be borne in mind. A starting-point in analysing rules is an awareness of the different dimensions that rules possess and it is equally important to separate the technical advantages from the political motives for rule-use.
Competition
Authors: Kessedjian Catherine
Published: November 2023

Traditionally, in law, there are two areas of competition: unfair competition and antitrust, as this term is used by the French Ordinance of 1986, Articles 85 and 86 of the Treaty of Rome for the European Union, or the Clayton and Sherman Acts in the United States. Both types of competition, to a different degree, are intended to protect private and public interests. Indeed, these regulations aim at protecting a certain concept of the market and an economic order promoted by states, based on free movement of goods and services, and to protect market operators from unfair dealings.
The Right to Life
Authors: Joseph Sarah
Published: November 2023

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court.
Legal Compulsion I: Reviving Subrogation
Authors: Mitchell Charles
Published: November 2023

Where a plaintiff has been legally compelled to make a payment or, being compellable by law, has made a payment in respect of an obligation for which a defendant is primarily liable and his payment discharges that obligation, the plaintiff will generally be able to recover his payment as money paid to the defendant’s use,1 and in appropriate circumstances he may also be entitled to supplement this action with secured rights acquired via reviving subrogation. Not all payments made under legal compulsion in respect of another’s obliga tions discharge those obligations. Payments by insurers to their insureds do not extinguish whatever rights of action the insureds may have against third parties in respect of the insured loss; nor do payments made to the holders of ordinary bills of exchange by drawers or indorsers of the bills discharge the acceptors’ liability. This is not to say that the payors in these situations are not entitled to a restitutionary remedy. As is discussed below in Chapter 6, the remedy to which they are entitled is simple subrogation. However, the cases discussed in this chapter all concern the situation where S makes a payment under legal compulsion to RH in respect of the obligations owed to him by PL, and PL’s obligations are thereby discharged.
Mistake
Authors: Mitchell Charles
Published: November 2023

The cases discussed in this chapter all concern the situation where a party S pays money by mistake and this money is paid to RH in respect of the obligations owed to RH by PL. S may himself pay RH directly; alternatively, S may pay PL, who then pays RH; or again, S may pay some fourth party X, who then pays RH. Before it can properly be considered whether S should be entitled to acquire RH’s rights via subrogation, three preliminary issues must be addressed: whether the mistake under which S makes his initial payment is of a kind sufficient to ground a restitutionary claim; whether S’s mistake is such that he is entitled to bring a proprietary restitutionary claim to recover his payment; whether RH’s rights against PL are extinguished when RH is paid.
The Nature of the Remedial Constructive Trust
Authors: Waters,Q.C Donovan W M
Published: November 2023

In 1941 Dr E. I. Sykesdescribed the doctrine of the Anglo-Commonwealth constructive trust as ‘a vague dust-heap for reception of relationships which are difficult to judiciary, may well have a prime concern for certainty and predictability, while the litigator and other judges welcome a perceived new flexibility with enthusiasm. ‘Equity’ specialists divide into those who mean by ‘equitable principles’ the received doctrinal inheritance from the nineteenth classify or which are unwanted in other branches of the law.’ In 1992 Mr Justice E.W. Thomasof the New Zealand Supreme Court declared that ‘the case law is in chaotic disarray, and attempts to clarify the essential principles by reference to past authorities are destined to disappoint the investigator.’ He points to the occurrence of ‘seemingly learned decisions adding to the general confusion.’ In the previous year in this city Sir Peter Millett was of the view that at least for some circumstances’ the use of the language of constructive trust has become such a fetile source of confusion that it would be better if it were abandoned.’
Non-Marital Property
Authors: Eekelaar John
Published: November 2023

Avast literature has developed in the common law jurisdictions on the way their courts have responded to the resolution of disputes between unmarried former cohabitees over their property holdings. Some of the debate has drifted into doctrinal disputations about the nature of constructive or resulting trusts, and, in particular, whether there is or should be any distinction between constructive trusts and estoppels. I think this is unfortunate because in such debates it is easy to lose sight of the true nature of the problems which the litigants have brought to the courts for a solution.
Policing the European Union
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil
Published: November 2023

International co-operation in criminal law enforcement has become a centrally important policy issue for Europe in the 1990s. In criminal matters, when a decision is taken to go beyond the discretionary exchange of information towards institutionalized police co-operation, a whole Pandora's box of issues and problems is opened. This book, based on interviews in a wide variety of documentary sources, examines the progress of this co-operation. The authors cover all the major and theoretical issues associated with the emerging pattern of co-operation, including the harmonization of criminal law and criminal procedure, law enforcement strategies, police organization and discipline, and the politics of immigration and civil liberties. In a European Union without internal border controls there is widespread agreement on the objective of closer police co-operation. But prospects in some areas are not good and there are potential pitfalls, even dangers, along the road to more integrated arrangements. The authors conclude by making recommendations that proper accountability arrangements are a prerequisite of a balanced and efficient system of European police co-operation.
Introduction
Authors: Cholewinski Ryszard
Published: November 2023

The focus of this work is on the protection of the rights of migrant workers and their families in countries of employment under international human rights law. The rights under examination are economic, social, cultural, political, and residence rights, which are arguably of most concern to migrants once they are in the host country. For the purpose of this study, economic and social rights are defined as follows: employment rights, which incorporate the right to equal treatment with nationals in respect of work and employment conditions and the right of access to employment; trade union rights; social security rights; the right to health, which covers rights to healthcare and occupational health and safety; the right to housing, including private ownership of property; the right to family reunion; and the right to education, which comprises both the education of mi grant children and workers ‘ education, such as vocational training and langu:-tge instruction. The cultural rights of migrant workers and their families embrace the right to retain and develop their culture and language as well as the right of the children of migrants to be taught their culture and language or to be educated in their language. The political rights of migrants encompass a right to political activity and a general right to participate in the decision-making process con cerning their interests, including the right to vote and to stand as a candidate in local elections.
International Migration for Employment: An Overview with Reference to the Right to Development
Authors: Cholewinski Ryszard
Published: November 2023

Anthropologically-speaking, migration is an irrepressible human urge. People have always wanted to move to places with more spiritual freedom, greater political liberty or higher standards of living (and the satisfaction of basic needs in their country of origin does not constitute a threshold at which the urge to migrate suddenly vanishes or loses legitimacy). The more tolerant the receiving State, the more attractive its spiritual freedom and political liberty; the richer it is, the stronger its economic pull. When tolerance and wealth go hand in hand, man-made laws can attempt to regulate migration but they cannot suppress it ... Economically-speaking, migration represents for the individual an escape from poverty (relative or absolute) and it relieves his home country of mouths to feed and bodies to clothe and shelter-even if it does not necessarily boost its productive capacity or afford it other gains as it does the individual and the country of employment.These are fascinating and extraordinary times, but also precarious and unpredictable. Since 1989, there have been many political changes, particularly in Europe. With the collapse of the Berlin Wall, the great ideological barrier between East and West has been swept aside. In its place, uncertainty reigns. Many states have regained their political freedom after a long period of oppression. Many more have entered the arena of international affairs for the very first time. War has raged in the heart of Europe-in the newly independent states of the former Yugoslavia and especially in Bosnia-Herzegovina. Conflict and unrest have spread to many comers of what was once the Soviet Union, where nations and peoples have sought to assert themselves after a long dark period of totalitarian rule. In Africa, genocidal atrocities, on an unprecedented scale, have been committed in Rwanda. These recent events, as is often the case, have eclipsed those unchanging concerns which have constantly preoccupied the international community, such as the scourge of poverty and the continuing and widening economic divide between the poor developing countries of the South and the prosperous developed nations of the North.
The Protection of the Rights of Migrant Workers and their Families by the ILO With Particular Reference to the Migrant Workers Instruments of 1949 and 1975
Authors: Cholewinski Ryszard
Published: November 2023

This chapter examines the International Labour Organization ‘s contribution to the protection of the economic, social, cultural, political, and residence rights of migrant workers and their families, the first of a series of chapters dealing with international approaches to this question. It is fitting to begin with the International Labour Organization (ILO), which has a long-standing tradition of the protection of people in their working environment. Moreover, ILO Conventions relating to the protection of migrant workers and their families are the only universal set of standards concerned with this group currently in forceat the international level.1 Before undertaking an examination of these standards, it is proposed to set the discussion within the framework of ILO standard-setting activities in the field of human rights and the unique ILO supervisory procedures and mechanisms concerned with their protection and promotion.
The Role of Comparative Law and Law Reform
Authors: Röver Jan-Hendrik
Published: November 2023

Despite the broad understanding of law reform introduced in Chapter 3, the support to reforming countries in drafting legislation remains one of the main elements of legal reform. However, the adoption model of legal reform in which a model act from a country or an institution is mainly translated into a foreign language, is not the one favoured by reforming countries today (although it may still play a covert role with some legal reform projects). Legislative proposals based on a comparative analysis of different laws are more appropriate in today’s environment.
General Principles of Secured Transactions Law
Authors: Röver Jan-Hendrik
Published: November 2023

There are a number of general comparative principles which summarize in general terms the characteristics of a secured transactions law.1 It is possible to distinguish in particular the principle of property right,2 the principles of security in own property (ie ownership-based security) and in property held by another person (ie limited property rights),3 the principles of form and functionality,4 and the principles of unity and multiplicity.5
Person Giving and Person Taking Security
Authors: Röver Jan-Hendrik
Published: November 2023

The persons who can grant and take security are typically the natural and legal 13.01 persons recognized by national law generally. This is, thus, an issue for the general law of persons of a national law, which is beyond the scope of this study. However, there are a few specifics of security law with respect to persons which should be highlighted. They relate to (1) certain restrictions as to the persons who can grant or take security and (2) persons who can act on behalf of the security holder.
Creation of Security
Authors: Röver Jan-Hendrik
Published: November 2023

There are two different approaches to the creation of a security interest: the one step approach and the two-step approach.1 The United States, England, and other common law countries follow a two-step approach where security interests are created between the parties (this is referred to as an ‘attachment’) and, upon completion of additional requirements, also against third parties (this is referred to as ‘perfection’). Most civil law countries, however, follow the one-step approach where security rights are created at the same time between the parties and against third parties. Under the two-step approach there are two phases in the creation of a security interest.
Effects On Third Parties
Authors: Röver Jan-Hendrik
Published: November 2023

Since security rights have proprietary effect they affect third parties. This may be apparent in three ways: since there may be several securityholders in an asset it has to be deter- mined whose right takes priority; secured property may be sold and the issue is whether or not the security right will terminate with such a sale; there may be rights against third parties which affect the secured property.
Termination of Security
Authors: Röver Jan-Hendrik
Published: November 2023

Security rights create security only for a limited period of time. Their relationships to the secured debt and the secured property, which are typically close, are reflected in the termination events of security rights.
Self-Determination and the First World War
Authors: Musgrave Thomas D
Published: November 2023

By the beginning of the twentieth century the problem of disaffected ethnic groups had dominated the political situation in Central and Eastern Europe for some fifty years. Upon the outbreak of the First World War in 1914 many of the smaller ethnic groups began to press for self-determination. These groups sought to capitalize on the upheaval and dislocation of the War in order to attain independence. As a result the question of self determination became an important issue during the War and in the subsequent Peace Conference. In this Chapter the various promises of the Allies and the Central Powers to disaffected ethnic groups are considered, followed by an examination of the policies of the Bolsheviks and of Woodrow Wilson with regard to self-determination. The influence of self-determination on the Paris Peace Conference is also examined.
The Protection of Minorities in Modern International Law
Authors: Musgrave Thomas D
Published: November 2023

As observed in previous chapters, there is a close link between self determination and minorities. When self-determination takes place it usually affects minorities in one way or another, whether the act of self determination is an act of decolonization, an exercise of popular sover eignty, or results in the formation of a nation-state. Decolonization affects national minorities because it perpetuates minority status for some ethnic groups; this occurs because the boundaries of a new state must correspond to its pre-existing boundaries as a non-self-governing territory.1 Therefore, an ethnic group which was a minority within a non-self-governing territory will continue to be a minority within the newly independent state.
Sociological Review and Analysis of International Child Abductions
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

It is not the purpose of this book to engage in a detailed investigation of the sociological aspects of parental removals or retentions; that would represent a research project in its own right. Rather, it is proposed to review those studies which have already been carried out and, where applicable, to assess them in the light of Hague Convention case law and statistics. This, it is hoped, will serve as an aid to greater understanding of the substantive issues involved, which will in turn facilitate a more measured analysis of the legal measures which seek to address the problem.
The Evolution of an International Convention: the Hague Modell
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

The approach taken to the elaboration of Conventions within the context of the Hague Conference on Private International Law has developed over many years and could now be said to adhere to an established pattern. Once a topic is identified the first step is to investigate whether it will be suited to legislative intervention and, indeed, if the collective will exists for it to be addressed. If these preliminary criteria are satisfied the topic has to be formally adopted by the Conference in Plenary Session. It is then researched by the Permanent Bureau, often with consultation of the member governments, and once this is completed the negotiation and drafting process can begin.
Removal and Retention
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

The title of the Hague Convention refers to ‘international child abduction’, a phrase which resonates in the public consciousness. However, notwithstanding the perception created by the media, the word ‘abduction’ does not accurately correspond with the issues which the 1980 instrument seeks to address. For this reason the body of the Convention employs and distinguishes two different factual actions: removal and retention. Article 12(1) affirms that a child shall be returned forthwith if the removal or retention was wrongful under the terms of Article 3 and, at the commencement of proceedings in the State of refuge, less than twelve months have elapsed from the date of the wrongful act.
Article 13(1)(a): Has the Dispossessed Custodian Consented to or Subsequently Acquiesced in the Removal or Retention?
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

The first substantive reference to consent or acquiescence is found in a series of Working Documents submitted early in the XIV th Session. Attention had hitherto focused on whether an applicant was acting in ‘good faith’ at the time of the alleged breach of custody rights. However this stipulation attracted general criticism. Not only was it held to lack clarity, but certain States doubted whether an individual could act in bad faith if he or she were actually exercising custody rights. A superficial interpretation may lend support to such a finding, yet at the same time it was recognised that a petition for return could be fraudulently motivated, most notably where the dispossessed parent simply wished to harass the abductor.
The Right of a Child to Object to a Return: Article 13(2)
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

The debates surrounding Article 13(2) were without doubt among the most divisive of the XIV th Session. Indeed, the arguments which divided the delegates in 1980, while they may have evolved and been refined, persist to the present day. Moreover, the objection of a child to a return under the Convention must now be seen in the wider context of a child’s right to be heard in contemporary family law. In the years since the adoption of the Child Abduction Convention the legal perception of the child has gradually evolved, in theory if not always in practice.
The Child Abduction Convention in Practice
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

As noted in the Introduction, this chapter does not seek to give an exhaustive commentary on the practical application of the Child Abduction Convention. The aim is merely to provide an overview, although certain issues which are judged to be of particular relevance will be highlighted in greater depth. This approach is intended to complement and consolidate the preceding analysis of the core concepts on which the Convention is based.
Foundations
Authors: Smith Lionel D
Published: November 2023

An employee embezzles funds from his employer, using the money to buy some corporate shares. When the facts come out, can the employer say that the shares belong to it? What if the employee has given the shares away to an unknowing charity? What if the employee is bankrupt, so that his honest creditors have an interest in maximizing the value of his assets? Answering these questions is not as easy as a non-lawyer might expect. It requires an understanding of the law of tracing.
Changes to Personal Property Security Law in Italy: a Comparative and Functional Approach
Authors: Ferrarini Guido
Published: November 2023

In this essay I intend to examine some aspects of Italian law in the field of personal property security, in particular with regard to the use of non possessory security in business financing. One of my purposes is to assess the internal consistency of the Italian legal system as to secured financing and the extent to which it meets the needs of a developed market economy. I will then move on to formulate some proposals as to possible reforms of our legal system which could enhance its economic efficiency and responsiveness to the interests of the business community. In order to make such assessments and proposals I shall look at the Italian legal system from different perspectives; primarily from that of comparative law and, to a lesser extent, from that of economics.
Raising the Small Claims Limit
Authors: Baldwin John
Published: November 2023

In his interim report on the reform of civil justice, Lord Woolf recommends a number of changes to the small claims jurisdiction in this country, by far the most important of which is a very substantial rise in the small claims limit. This move represents the principal means suggested in the report for increasing access to the courts for the ordinary citizen. In this paper, an attempt will be made to anticipate some of the main effects of this change and to assess the difficulties likely to arise when it is implemented. On the basis of his own research on small claims procedures in England and Wales, the writer will argue that Lord Woolf’s proposals do not satisfactorily address the serious practical and empirical problems raised over many years in the small claims literature and may not in consequence provide the enhanced access to justice that is anticipated.
The Role of Legal Expenses Insurance in Securing Access to the Market tor Legal Services
Authors: Rickman Neil , Gray Alastair
Published: November 2023

Since the early 1980s, a desire to curtail public expenditure has encouraged the Government to promote private insurance in a diverse range of markets including pensions, health care, and income and mortgage protection. More recently, a rapid increase in state legal aid expenditure has prompted interest in whether individuals facing potentially large costs if they have to resort to the law might seek expanded protection from legal expenses insurance (LEI).
Time Management and Procedural Reform: Some Organizational Questions for Lord Woolf
Authors: Dingwall Robert , Durkin Tom
Published: November 2023

Many people seem to think that most contemporary legal systems are too slow in dealing with civil matters. The lethargy of the process is said to lead to expense which prevents people obtaining adequate redress for their grievances or resolution of their disputes. Ordinary men and women do not have the means to risk using the system. Even corporations and states are beginning to bridle at the outlays involved. One of the solutions endorsed by Lord Woolf and others is that the court should take control of the timetable of litigation rather than leaving this in the hands of the parties. A stable, predictable and strictly enforced schedule will concentrate everybody’s minds, increase efficiency and reduce costs.
Freedom of Expression
Authors: Westhuizen Johann Van Der
Published: November 2023

The urge to say something is human. So too, unfortunately, is the reluctance to listen to others. Freedom of expression therefore is essential in any attempt to build a democratic social and political order and a legal system based on constitutionalism and fundamental human rights. Consequently it is a freedom that occupies a prominent place in any catalogue of fundamental rights.
Violent Racism and Policy Formulation (1981-4)
Authors: Bowling Benjamin
Published: November 2023

1981 marks a rurning-point in the history of the state response to violent racism. As the central government Inter-Departmental Racial Attacks Group commented in 1989, ‘ the 1981 Home Office study, with the advantage of its official status, put racial attacks on the political agenda for the first time’ (Home Office, 1989: I). In November 1981, the Home Secretary, William Whitelaw, announced that ‘ racially motivated attacks’ were ‘ wicked crimes’ , that were ‘ more common than we had supposed’ and had not been recognized before simply because of a ‘ lack of reliable information’ (Home Office, 1981). Until then, as the problem did nor exist, there was no publically stated police or government policy to deal with it (Witte, 1996). Within two years, this situation had changed fundamentally.
Conclusions
Authors: Bowling Benjamin
Published: November 2023

In a nurshell, it is argued here that while violent racism is a social process,the police and criminal justice system respond to incidents, and in this contradiction lies an explanation of why the targets of violent racism feel unprotected and remain dissatisfied with the police response despite apparent improvements in police policy.
Punitive Damages
Authors: Mcbride Nicholas j.
Published: November 2023

Those who favour or oppose the award of punitive damages by the common law courts face a common problem. Those who favour such awards being made do so because they can see that there is some reason for such awards being made. But the question can be immediately put: is this rea-son a good enough reason to justify on its own making an award of punitive damages? For example, the Law Commission favours making awards of punitive damages where ordering a defendant to make compensation to the victim of his wrong would not be enough to deter others from such wrongdoing in future. But is this a good enough reason to justify on its own making an award of punitive damages? What makes anyone think that deterring people from committing breaches of their obligations is a legitimate function of the common law or the law in general? Similarly, it can be suggested that awards of punitive damages could be justified where they have the effect of preventing someone enriching himself by committing a wrong to another. But is this a good enough reason to justify on its own making an award of punitive damages? What basis is there for the belief that people who gain wealth by wronging others should have their enrichment stripped from them? Those who oppose awards of punitive damages being made do so because they can see that there are any number of reasons for not making such awards.
Weakening the Strong: Banks and Secured Lenders
Authors: Carruthers Bruce G , Halliday Terence C
Published: November 2023

A large scholarly literature attributes considerable economic and political power to banks. They do not simply collect deposits and make loans, so the argument goes, but help to co-ordinate investment, influence markets, and shape the overall direction of economic development. Mintz and Schwartz, for example, argue that:”... a substantial proportion of the discretionary decision making of the most significant enterprises in our economy is conditioned by decisions made by the leadership of financial companies” (Mintz and Schwartz 1985: 70).1 They go on to claim that banks exert themselves most vigorously during corporate bankruptcies, when they can dominate a creditor’s committee and shape the reorganization of troubled firms: “ ... chapter 11 bankruptcy is a legally mandated form of bank control involving the subordination of corporate policy to bank dictation” (Mintz and Schwartz 1985: 83). In their view, bankruptcy is a crucial setting for the exercise of bank power.
Introduction
Authors: Carruthers Bruce G , Halliday Terence C
Published: November 2023

Saving companies through redistributions of property rights demands expertise. To obtain this expertise frequently upsets the professional division of labor. New opportunities and threats arise for professionals. These not only affect the allocation of work to professionals, but that allocation itself ultimately influences the exercise of property rights. Significant changes in the distribution of property rights therefore precipitate struggles over the demarcation of occupational terrains to produce a complex reconstruction of jurisdictional rights a redrawing of boundaries and allocations of work.
Risk Discourse
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

In Part I of this book our critical review of research on policing pointed to many features of risk society. What is required now, in Part II, is a more thorough, abstract, and systematic examination of risk society. We first consider the characteristics of risk as a discourse of governance and examine how risk is materialized in forms of bureaucracy and surveillance. Then we investigate how major institutions organize and govern within the framework of risk discourse, in which the example of insurance is used to illustrate the institutional logics and practices of risk management. Consideration is also given to ways in which communication technologies and the processes influencing the reorganization of professions articulate with the institutional production and management of risk. Social changes occurring in the context of risk discourse, institutions, technologies, and professions are outlined. Finally, we relate our analysis of the risk society, and our earlier explorations of policing within it, to the research questions that will guide our empirical inquiry in Parts III, IV, and V.
Territorial Communities
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

In chapter 3 we outlined the ways in which community policing is an official discourse that constitutes changing mentalities, sensibilities, and practices in risk society. In this chapter we show that the tracing and mobilizing of territories exists within the ambit of this discourse and in turn helps to constitute it. As community policing discourse suggests, the police do join with partners in other institutions to make up communities.
Identities
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

A directory of social services produced and distributed by a police organization includes the following ‘long range objective ‘: To promote a professional police image by demonstrating impartial service to the law, and by offering service and friendship to all members of the public without regard to gender, race, religious beliefs, ancestry or place of origin. ‘ This objective is proper for a public institution dedicated to consensus and order. However, it also represents one of the ‘impossible mandates ‘ (Manning 1977) typically set for the police, for it requires the police to be agents of a cultural coherence that does not exist. The police are no more able to sustain cultural coherence than were the anthropologists who originally devised that notion after studying the Zande. As it turned out, the Zande comprised twenty culturally distinct groups and spoke eight languages.
Communication Formats
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

Communication formats are incorporated into the medium of official police forms. Forms vary from being blank and thus open for a narrative report, to being entirely restricted to fixed-choice categories that are pre determined by requirements for risk analysis. The knowledge available in a report depends on the format used and therefore is always secondary to the format. Formats provide for the selection, transmission, and reception of knowledge. They govern how knowledge is conceived, recognized, and communicated as a capacity for action.
Conclusion
Authors: Murphy W T
Published: November 2023

Critique, cynicism, and a somewhat ambiguous notion of simulation can be deployed to insinuate (through a collection of anecdotes, coun terfactual instances, and so-called ‘thought-experiments’) that ‘beneath’ the plurality of systems or frames which configure the shape of modern society is ‘something else’ which variously resists, refuses, appropriates, plays-’lives’, a kind of pre- or anti-sociological version of Foucault’s great Unsaid which only the foolish would suppose they could raise up to rational or articulate speech. In some areas, especially in anthro pology, the problem this presents to theory acquires explicitly ethico political inflections. More generally, the somewhat negative projects which emerge at this point make strategic use of phenomena which it used to be convenient to call the traditional or irrational, while explic itly distancing themselves from all projects which assembled the mod ern as the antithesis of the traditional (so that the terms traditional and irrational are dismissed with derision).
Public Service, Market Ideology, and Citizenship
Authors: Harlow Carol
Published: November 2023

The term ‘public service’ possesses two distinct meanings. The first is institutional, focusing on the personnel who operate state-run services. In legal systems where public and private law are strongly demarcated (such as France), this typically involves a special regime of employment law. Although this is the meaning on which the chapters of this book largely focus, as a public lawyer I have to admit that it is tangential to my concerns. True, the law of public service has come to occupy a significant space within public law. The jurisprudence on which it is largely founded has contributed many of the general principles of administrative law.
Jurisdiction
Authors: Amerasinghe C F
Published: November 2023

24.According to Article II of the Statute of the Tribunal: No … application shall be admissible, except under exceptional circumstances as decided by the Tribunal, unless … the application is filed within ninety days after … receipt of notice, after the applicant has exhausted all the remedies available within the Bank group, that the relief asked for … will not be granted.26.Article II, paragraph 2(1), of the Statute of the Administrative Tribunal provides, in part: No … application shall be admissible, except under exceptional circumstances as decided by the Tribunal, unless … the applicant has exhausted all other remedies available within the Bank Group …Staff Rule 9.01, paragraph 2.01, provides that staff members requesting administrative review must do so no later than ninety calendar days after being notified of the administrative decision being challenged.
Procedural Irregularity
Authors: Amerasinghe C F
Published: November 2023

General i.62. The conclusion thus reached that the procedure followed in this case is so defective as to render null and void the decision taken against the Applicant and to lead the Tribunal to order its rescission is by itself sufficient to dispose of the application and to support the remedial measures which the Tribunal will order. However, since the Tribunal is also empowered to consider the sub stance of the case made by the Bank against the Applicant, it does not wish to leave any impression that, although the disciplinary measures taken against the Applicant are being quashed on procedural grounds, there remains any basis on which the Applicant can still be thought to have commit ted the misconduct alleged against him …64. There is, moreover, another feature of this case which troubles the Tribunal. The basis on which the Applicant and, it seems, others have incurred disciplinary measures arising out of the sale of the scrap copper is that the metal was dis posed of in breach of the provisions in the Bank’s Administrative Manual relating to ‘Asset Disposal’. But the Tribunal notes that for the purposes of the relevant sections of that Manual assets are defined as ‘all tangible property owned by the Bank Group, except for financial instruments and real estate’. Yet, the documents before the Tribunal emanating from the Bank state that the question of title to the scrap copper remains unresolved; it could have belonged to the Bank or it could have belonged to the contractors.
Terms and Conditions of Employment
Authors: Amerasinghe C F
Published: November 2023

General i.30. As to the Applicant’s contention that the termination of salary grandfathering after two years constituted a violation of an ‘essential condition of employment’, within the principles announced by the Tribunal in de Merode, Decision No. 1 [1981], and Pinto, Decision No. 56 [1988], the Tribunal has already unequivocally rejected this contention.31.In Klaus Berg (No. 2), Decision No. 99 [1990], the situation of the Applicant was in all pertinent respects identical to that of the Applicant here. Mr. Berg had been employed in a level 26 position prior to the 1987 Reorganization and had accepted assignment thereafter to a level 24 position rather than terminate his employment with the Bank. After two years of salary grandfathering, his salary was administered within the range for level 24 positions, and because his then-current salary was well within that range he was given a salary.