bluuebunny/crossref_metadata_2025 huggingface dataset:
Considerations Against Tax Incentives for Energy from Open-Loop Biomass
Authors: Sprohge Hans , Kreiser Larry , Butcher Bill , Sirisom Julsuchada
Published: November 2023

Energy from open-loop biomass should not be subsidized by taxpayers. There is no generally accepted defi nition of the term ‘biomass’. The term ‘biomass’ has been applied to virtually any one of innumerable substances containing carbon. Each form of biomass as a source of energy has problems associated with it that are unique to that particular form of biomass. Energy from municipal solid waste (biomass) has problems associated with it that are unique to it. Energy from car tyres (biomass) has problems associated with it that are unique to it. The term ‘biomass’ is so broad that a discussion of the reasons why each substance to which the term is applied is not feasible in this format.
Towards an International Certifi cate System—The Stimulating Example of Belgium
Authors: Verhaegen Karolien , Meeus Leonardo , Belmans Ronnie
Published: November 2023

Two of the most important drivers of the current European Energy Policy are competitiveness and environmental protection.1 The former is put into practice by the liberalization and the creation of the European Internal Energy Market (IEM). These are top down processes driven by the directives of the European Parliament and of the Council. The directives lay down the general conditions that should be in place to assure the creation of the IEM in Europe but refrain from designing a concrete market organization.2
Green Subsidies: Politically Popular, Economically Costly, Environmentally Ambiguous
Authors: Görres Anselm , Cottrell Jacqueline
Published: November 2023

This chapter discusses the advantages and disadvantages of green subsidies; subsidies geared towards supporting projects or other actions that facilitate environmental protection, in relation to environmental taxation and other instruments. It also discusses environmentally harmful subsidies and analyses them in the context of market-based instruments for environmental protection and climate change mitigation. The chapter examines these factors on both a general theoretical level, examining the role of subsidies within the instrument debate, and takes a brief look at the German and British cases to highlight many of the theoretical arguments.
Tax Incentives Policy for Fuel Effi ciency: Does it Really Work?
Authors: Tavallali Rahmat , Lee Paul
Published: November 2023

Since the oil crisis of 1973, and as part of energy conservation plans, all US presidents have promised and proposed a set of tax incentives for fuel effi ciency. These incentives are aimed at improving the fuel effi ciency of motor vehicles as well as encouraging car manufacturers to design vehicles which use less fuel. The underlying objective of these measures is to achieve an overall reduction in petroleum consumption thus enabling the USA to cut its costly dependence on finite petroleum reserves.
Direct Discrimination
Authors: Keen Spencer , Oulton Richard
Published: November 2023

There were no provisions relating to direct discrimination in the DDA 1995 as originally enacted. Specific provisions relating to direct discrimination were only introduced into the DDA 1995 with effect from 1 October 2004 in order to comply with the Framework Directive. Partly for this reason, and partly because the test for direct discrimination is a restrictive one, there have been very few cases in this area. A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person. This definition is broadly similar to the definitions found in the other equality statutes. Sex discrimination occurs when a woman is treated less favourably on the grounds of her sex. Race discrimination occurs when a person is treated less favourably on racial grounds. However, three points should be made.
Practice and Procedure in the Tribunal
Authors: Keen Spencer , Oulton Richard
Published: November 2023

Practice and procedure in the modern employment tribunal is increasingly complex. The rules governing procedure in disability discrimination cases are contained in Schedule 1 of the Procedure Regulations.This chapter provides an introduction to some of the more frequently encountered rules of procedure and to some of the important issues that arise in practice in disability cases. It deals with such topics as the statutory dispute resolution procedures, time limits, expert evidence and the burden of proof. A short introduction to procedure in the Employment Appeal Tribunal is also included. Tribunals have an overriding objective to deal with cases justly. This requirement was introduced into tribunal procedure for the first time in July 2001 following the introduction of the Civil Procedure Rules 1998. The overriding objective must be taken into account when interpreting the rules of procedure discussed in this chapter and when the tribunal exercises any power under those rules.
Dielectrophoresis
Authors: Bruus Henrik
Published: November 2023

Dielectrophoresis (DEP) is the movement of a charge-neutral particle in a fluid induced by an inhomogeneous electric field. This driving field can be either DC or AC, see Jones (1995). We begin our analysis by considering a DC field E. Moreover, we shall exclusively work with linear media such that the polarization P of the dielectric fluid is given by Eq. (8.12)
Thermal Transfer
Authors: Bruus Henrik
Published: November 2023

The theory of thermal transfer in microfluidic systems is complex. Even for the simplest case of a single fluid, all three governing equations must be taken into account leading to five coupled, second-order, partial differential equations for the scalar fields vx(r, t), vy (r, t), vz (r, t), p(r, t) and T (r, t), and the three principal parameters, viscosity η, thermal conductivity κ and density ρ all depend on temperature. In this chapter we shall study some simple, idealized cases that allow for analytical solutions, and that lead us to physical insight into the basic thermal phenomena in microfluidics.
Nanofluidics
Authors: Bruus Henrik
Published: November 2023

Nanofluidics is an emerging research field, which deals with fluid flow on the nanometer scale. It is being boosted by the ongoing development of nanotechnological tools and techniques, and it contains the potential for both basic research, e.g. an improved understanding of the limitations and ultimate breakdown of the classical continuum description of fluid dynamics for spatially confined liquids, as well as for technology, e.g. the development of devices for handling of single molecules in solution. In this chapter we shall study a few selected topics within nanofluidics.
Creating Corporate Reputations
Authors: Dowling Grahame
Published: November 2023

Recent research in business strategy suggests that corporate reputations are a valuable strategic asset for every company. Good reputations have been shown to help firms attain and sustain superior financial performance in their industry. This book outlines how high-status companies become corporate super brands, and it present managers with a framework to proactively enhance their corporation's desired reputation. While many books concentrate on advertising or corporate identity as the primary tools for reputation enhancement, this book provides a more expansive and realistic picture of what it takes to build a corporate super brand. One of its key contributions is that it emphasizes the roles of customer value and organizational culture in the reputation-building process and exposes the limitations of corporate advertising, sponsorships, and minor corporate identity change. Drawing on more than fifteen years of academic research, executive seminars, and consulting experience, Grahame Dowling suggests ways to improve the corporate reputations that different groups of stakeholders hold of your company. He also describes how to avoid many of the traps that catch unwary managers who try to improve their company's desired reputation.
Corporate Communication: What to Say
Authors: Dowling Grahame
Published: November 2023

Corporate advertising and sponsorship are often oversold as mechanisms for creating a better corporate image and reputation (as is corporate identity-discussed in the next chapter). Ralph Nader once made the comment: ‘I don’t care how many lobbyists [here read advertising] you have. If you’re weak in the streets, you’re weak.’ Nader’s advice reflects an age-old marketing ‘law’ that says that stakeholders, and especially customers, are more interested in what companies do for them than in what they say about themselves.
Work and Private Power
Authors: Supiot Alain
Published: November 2023

In labour law, the notion underlying labour relations is both hierarchical and collective. The employment contract is basically defined here by the bond of subordination it establishes between the worker and the party to whom his services are delivered. A business is conceived as a community of workers with different trades contributing a single economic activity under the supervision of a single employer.
Work and Public Authorities: The Role of the State
Authors: Supiot Alain
Published: November 2023

In Western tradition, there is no durable social order without laws and institutions with which society can identify. The invention of the State in the Middle Ages and then of the Welfare State one century ago have given the West an institutional horizon to which to refer. It is that horizon that is lacking today, and it is too early to know whether we are witnessing a transition to a new kind of State or if the latter is destined to give way to other references on which social bonds are based.
Summary
Authors: Supiot Alain
Published: November 2023

In this survey, the expert group established by the European Commission’s DG V has attempted to take a cross-disciplinary and transnational approach to the evolution of labour law. Its aim was to bridge the gap between legalistic surveys of the evolution of positive law and the sociological, economic, and cultural approach to the realities of the working world, in an attempt to produce a description from a normative perspective of the links between law and new social practice. It was ultimately an exercise calling for an understanding of trends as much as for the actual drafting of proposals.
‘Fleshy Books’: Isaac Barrow and the Oratorical Critique of Cartesian Natural Philosophy
Authors: Stewart Ian G
Published: November 2023

Isaac Barrow (1630-77) has long figured in the landscape of early modern English science and theology, though more towards the periphery of that seventeenth-century watershed known as the Scientific Revolution than at its centre. More recent scholarship, however, indicates that in his own day Barrow was regarded as much closer to the centre as it was then conceived. In fact, one episode in Barrow’s life as a young scholar at Trinity College, Cambridge, clarifies the nature of that centre-viewed from the perspective of the mid-seventeenth-century university-and recaptures an aspect of natural philosophy as it was then pursued.
English Civil Procedure
Authors: Andrews Neil
Published: November 2023

This is a systematic and analytical account of the new system of civil procedure and justice in England and Wales. The book is both comprehensive and detailed, focusing in particular on the fundamental principles that underlie the post-Woolf system. These include the principles set out in the Woolf reforms themselves, principles relating to civil justice derived from the Human Rights Act and ECHR, and older common law principles that continue to apply. This book will provide a much-needed commentary to the Civil Procedure Rules.
Main Pillars Of The Woolf Reforms
Authors: Andrews Neil
Published: November 2023

This Section explains the background to the momentous changes of 26 April 1999, when the CPR took effect. The CPR is described as a new procedural code. But the text which came into effect on that date was the first part of a rolling programme of rule changes. Regular amendments and additions have appeared since then. In fact in the early years the rules were updated nearly every month by the Stationery Office, more usefully on CD-ROM.
Guarantees Concerning The Court’S Conduct
Authors: Andrews Neil
Published: November 2023

Due notice demands that proceedings should not be conducted without both parties enjoying reasonable notice of the case. Nor should the court decide an action or any part of it without giving both parties reasonable opportunity to contradict the proposed decision.
Access To Justic
Authors: Andrews Neil
Published: November 2023

Access is the antithesis of exclusion. It implies unimpeded admission and open opportunity. In both the feature films concerning the Titanic disaster, third-class passengers frantically try to rush to the upper decks to escape the rising waters and to gain access to the life-boats. They are held back by locked gates and ship’s officers brandishing guns. Eventually these passengers smash down the gates, but in vain. Most perished in the North Atlantic because there were too few life-boats and the wealthiest on board had priority.
Parties, Set-Off, Part 20 Claims (Including Counterclaims) And Contribution
Authors: Andrews Neil
Published: November 2023

This chapter is concerned with various procedural matters which can complicate an ordinary action between claimant and defendant. Sections B, C and D concern procedural mechanisms or institutions which tend to add more issues or claims to the original claim; the similarity disclosed by Sections A and D is that they can increase the number of parties in the case. Section E, concerning interpleader proceedings, examines a special ‘tripartite’ form of litigation. Group actions and representative proceedings are examined in a later chapter.
Default Judgments
Authors: Andrews Neil
Published: November 2023

Judgment by default is an important means of accelerating the legal process. A claimant can obtain judgment despite his opponent’s procrastination, inefficiency, indifference or obstruction. In fact, a defendant’s failure to defend is often equivocal: it might indicate that the defendant implicitly admits that he has no defence to the claim; or it might indicate that, although the defendant has a defence, or at least believes that he has, he has inadvertently failed to respond to the claim.1 An explicit admission of liability will occur only when the defendant acknowledges service but states that he has no intention to defend.
Part 36 Payments And Offers To Set
Authors: Andrews Neil
Published: November 2023

This chapter is concerned with the intricate system of Part 36 payments (formerly known as’payments into court’), and cognate Part 36 settlement offers. Payments into court are made by defendants (or claimants facing a counterclaim for money). Part 36 offers can be made by defendants or claimants, or by both, and they can be made by prospective litigants. By making such a payment or offer, a party (or in the case of Part 36 offers sometimes a prospective litigant) seeks to increase the pressure upon the opponent to settle the case.
Settlement Negotiations And Privilege: ‘Without Prejudice’ Communications And Conciliation Privilege
Authors: Andrews Neil
Published: November 2023

Expansion of exceptions [to this privilege] should not be encouraged when an important ingredient of Lord Woolf’s reforms of civil justice is to encourage those who are in dispute to engage in frank discussions before they resort to litigation. A person who genuinely engages in settlement negotiations with the other side can be assured that the contents of those negotiations will be protected against compulsory disclosure in both the present and any future legal proceedings.
Legal Professional Privilege
Authors: Andrews Neil
Published: November 2023

Rix J (as he then was) has held that the test of ‘dominant purpose’ which was at first applied to confine the scope of ‘litigation’ privilege applies to the category of legal advice between lawyer and client, that is, legal consultation which is not necessarily given during or in contemplation of litigation.21 Therefore, a communication must be predominantly for the purpose of obtaining or giving legal advice.
Conditional Fees And Funding
Authors: Andrews Neil
Published: November 2023

We have seen in another chapter that formal access to the civil system of procedure is an empty, or at least nugatory, right unless potential claimants also enjoy effective or economic access to justice. The question of ‘funding’ civil claims has become a free-standing aspect of civil justice. This complex and practical subject has its own literature. In Section B of the present chapter, we start with the brave and relatively new institution of ‘conditional fee agreements’ (‘CFAs’). These were introduced by Government to bear the main burden of providing effective or economic access to justice.
Special Costs Orders: Security For Costs, Non-Party Costs Orders, And Wasted Costs
Authors: Andrews Neil
Published: November 2023

Security against costs can be regarded as a provisional form of protection in favour of defendants. Thus a civil claim cannot be declared bad until it has been either dismissed by the court or judgment has been entered in favour of the defendant.
Enforcement
Authors: Andrews Neil
Published: November 2023

Although this is not an independent principle of procedure, the concept of ‘privacy’, which is embodied in Article 8 of the European Convention on Human Rights, provides an important restraint upon the process of enforcement; it supports, notably, a person’s prima facie right to undisturbed enjoyment of his domestic premises; ‘privacy’ might also become relevant if attempts are made to inquire deeply and systematically into a defendant’s financial affairs.
Multi-Party Proceedings
Authors: Andrews Neil
Published: November 2023

After discussion of consolidated proceedings, attention will turn to ‘Group Litigation’. The latter is the main form of English multi-party procedure. Group actions can involve large numbers of parties who accede to the main stem of litigation when pursuing claims or defences. Such co-ordinated actions are intended to act as a surrogate for a mature system of ‘class actions’. Group actions differ from class actions because the group litigant is a member of a procedural class as a party rather than as a represented non-party.
Introducing Career Creativity
Authors: Anand N , Peiperl Maury A , Arthur Michael B
Published: November 2023

In the aftermath of the Second World War, an edited book on creativity brought about the above exchange between the book’s editor and an enthusiastic supporter. The exchange invites a question: Why was so little done over the next fifty years explicitly to connect thinking about careers to thinking about creativity? Careers, after all, must necessarily engage with ‘the very structure of our lives’ and especially with ‘deep and rapid changes’ affecting the workplace. The exchange also invites an answer. The statement supporting the book simultaneously suggests two assumptions.
Boundaryless Careers in Entertainment: Executive Women’s Experiences
Authors: Ensher Ellen A , Murphy Susan E , Sullivan Sherry E
Published: November 2023

The typical configuration of careers has drastically changed in the last several decades. Driven by the forces of rapidly changing technology, global competition, and an increasingly diverse workforce, how careers are enacted has become increasingly varied (Arthur and Rousseau 1996; Hall 1996; Sullivan 1999). The largest growth in the US-workforce and many other workforces is in small businesses, particularly among women-owned organizations (Brush 1992; Wiatrowski 1994; Moore and Buttner 1997). This growth trend is reflected in the entertainment industry as greater numbers of women head independent production companies or entertainment support services entities (Coolidge 1999; Post 1999).
Staying Creative about Careers
Authors: Arthur Michael B , Peiperl Maury A , Anand N
Published: November 2023

It has been evident throughout this book that career creativity has two meanings. One refers to creativity in the shaping of individual careers. The other refers to creativity in work arrangements and their consequences that careers bring about. This duality of meaning is useful, as it allows us to appreciate the recursive influences of individual careers and broader work arrangements upon one another.
The Social Capital of Structural Holes
Authors: Burt Ronald S
Published: November 2023

One of the opening acts for the twenty-first century was venture capital discovering social networks. Tens of millions of dollars were invested in software companies purporting to make people better off through network services providing lucrative or emotionally rewarding relationships. Companies sprang up one after another like spring flowers, drawing comment from establishment media such as Fortune (Kirkpatrick, 2003) and the Wall Street Journal (Bulkeley and Wong, 2003), which in turn sent technology gossip all a-blog.
Creativity and Learning
Authors: Burt Ronald S
Published: November 2023

Bernie Marcus caught it from Jack Welch, the legendary CEO of General Electric. It was during a game of golf, in Florida, in 1995. Marcus, co-founder and then CEO of Home Depot, was exchanging golf-game tid bits with friend Welch about how things were going at Home Depot. Home Depot had been dramatically successful; shares in the company had increased in value by 28,000% since it went public in 1981, and the company continued by a large margin to be the most admired retail company in America.
Closure, Echo, and Rigidity
Authors: Burt Ronald S
Published: November 2023

On July 14, 2004, the British House of Commons printed a report entitled Review of Intelligence on Weapons of Mass Destruction. There had been concerns about Britain ‘s alignment with the United States in the invasion of Iraq. Among the stated goals of the invasion was removing weapons of mass destruction threatening the region and the world at large. Failure to find the weapons, and judicious reflection after the invasion, supported the conclusion that the information provided by intelligence agencies was not used appropriately to inform policy decisions.
Images of Equilibrium
Authors: Burt Ronald S
Published: November 2023

Imagine you could freeze a population in time. Forces at work in the population would be suspended in the frozen moment. The forces would be instantaneous in the sense of having an intensity and trajectory, but unknown outcome. Two people in an escalating argument, faces frozen in angry contortion, will probably be pulled by one another ‘s emotions to more severe language. A person falling off the stepladder, body frozen in mid-air, will probably be pulled by gravity to the floor.
Offer and Acceptance
Authors: Atiyah P S , Smith Stephen A
Published: November 2023

This and the next chapter examine the requirements for creating a valid contract. The focus of this chapter is the basic requirement that there be an ‘offer’ by one party which is then ‘accepted’ by the other; Chapter then examines additional requirements, such as that the offer and acceptance be in a particular form, that they provide for an exchange (the ‘consideration’ requirement), or that they be made in a ‘commercial’ setting (the ‘intent to create legal relations’ requirement).
The Duty to Disclose Material Facts
Authors: Atiyah P S , Smith Stephen A
Published: November 2023

This and the next three chapters examine various situations in which individuals are excused from the duty to perform a prima facie valid contract. In these instances, the duty is obviated even though the procedural and substantive requirements described in Chapters 2–4 are satisfied and there is nothing unlawful or otherwise objectionable about what the parties undertook to do. Examples include situations in which a promise or agreement is induced by duress, fraud, or undue influence. As is often the case, while the black-letter law in this area is reasonably well-settled, its foundations are controversial. As such, a few preliminary comments are in order before proceeding to specific situations.
Introductory
Authors: Sender Marta Pertegás
Published: November 2023

Yet, since the end of the eighties, the interplay of private international rules has led to drastic changes in the patent enforceability field in Europe. After a judgment of the Dutch Supreme Court in 1989 in a trade mark case,1 patentees started to seek the consolidation of multinational patent litigation before a single national forum. The possibility of concentrating related patent litigation meant a Copernican revolution for inter¬ national patent litigation. Yet, the use and, for many, abuse of the jurisdictional framework to avoid fragmented patent litigation is fiercely contested across Europe and the world.
Opposition to Cross-border Patent Infringement Actions
Authors: Sender Marta Pertegás
Published: November 2023

The party who initiates proceedings related to (threatened) patent 4.01 infringement is not necessarily the patent holder. His competitors may consider a number of strategies to block (future) cross-border enforcement attempts. This Part deals with some counterattacks available to a litigant who contests the patentee’s allegations that his technology does infringe the patent claims.
Selecting the Governing Law
Authors: Sender Marta Pertegás
Published: November 2023

The study of the law applicable to intellectual property torts and, in par- 5.ticular, to patent infringement cases, has only reached an incipient stage. Indeed, for many years it occupied a neglected corner of private international law. Several reasons may be adduced for this situation.

In the first place, there were scarce opportunities for the courts to deter- 5.02 mine which law applied to international patent infringement disputes simply because no ‘international’ disputes would arise.
Financial Disclosure and Accounting
Authors: Vanhulle Karel
Published: November 2023

This chapter describes the development of the accounting harmonization in the EU from a minimum amount of harmonization based upon the principle of equivalence for all limited liability companies, to a more sophisticated harmonization for listed companies based upon one single set of accounting standards.
Optimism and Pessimism: Complementary Views on the Institutional Investors’ Role in Corporate Governance
Authors: Garrido Jose M
Published: November 2023

In my role as commentator, I face an impossible conflict of interest, as the result of being co-author of one of the chapters I purport to discuss. Of course, my complimentary remarks are directed towards the other authors of the chapters, excluding myself, whereas my criticisms are to be understood mainly as self-criticisms.
The Rise of Dispersed Ownership: The Roles of Law and the State in the Separation of Ownership and Control
Authors: Coffee John C
Published: November 2023

Recent commentary has argued that deep and liquid securities markets and a dispersed shareholder base are unlikely to develop in civil law countries and transitional economies for a variety of reasons, including (I) the absence of adequate legal protections for minority shareholders, (2) the inability of dispersed shareholders to hold control or pay an equivalent control premium to that which a prospective controlling shareholder will pay, and (3) the political vulnerability of dispersed shareholder ownership in left-leaning “social democracies”.
Introduction: The European Union’s Accountability and Legitimacy Deficit
Authors: Arnull Anthony
Published: November 2023

The rejection by the Irish people of the Treaty of Nice in June 2001 underlined the extent to which the European Union has become disconnected from its citizens. Ireland seems, at least to an outsider, to be one of the Member States which has gained most from Union membership and all the main political parties supported ratification of the Treaty, yet nearly 54 per cent of those who took part in the referendum voted against it. The turnout was admittedly very low and the precise reasons for the outcome were difficult to establish. Nonetheless, the result seemed symptomatic of a profound malaise. It does not Just afflict the European Union: many domes tic political institutions seem to have lost their capacity to mobilize and inspire; the WTO is increasingly contested. Be that as it may, it is a malaise to which the Union is particularly vulnerable because of a widespread feeling that it is insufficiently accountable and lacks legitimacy.
The Judicial Architecture of the European Union after Nice
Authors: Gormley* Laurence W
Published: November 2023

That the present judicial architecture of the European Union demonstrates not inconsiderable weaknesses seems now to be widely accepted, although, despite the opportunity which the 2000 IGC offered for root and branch reform of the system, the result in the Treaty of Nice has been to provide some patchwork repairs and a makeover by a team which, on the basis of this offering, would never be allowed its own television programme. In other words, to adapt John Major’s famous phrase, this reaty is several courses short of a banquet. This is particularly disappointing as it is becoming increasingly apparent that despite the construction of the cathedral-like edifice of the Union at Maastricht on the foundations of the European Communities, and the mere jobbing builder’s work at Amsterdam, the system is still unable to cope with the demands of litigants for speedy dispute resolution and for effective judicial protection of legitimate interests. Nevertheless, repairers and make-over teams have their value.
The Delimitation of Powers Between the EU and its Member States
Authors: Búrca Gráinne de , Witte Bruno de
Published: November 2023

The exact division of powers and competences at EU level has, to date, been left to be determined rather fluidly, by a mixture of action and initiative on the part of the relevant EU institutions, which can be challenged during the political process or ultimately before the Court of Justice in the event of opposition. Because so many of the Treaty provisions which confer power and in particular some of the earlier and original provisions of the Community Treaties-are broadly defined and do not specify what the relationship with national powers in that field should be, this kind of gradual and fluid process has perhaps been unsurprising. It is particularly noteworthy that the Court of Justice has contented itself with incidental interventions,I some thing which can be explained in part but not entirely by reference to the paucity of suitable opportunities presented to the Court through litigation.
Protecting Fundamental Rights in Europe: A Legal Analysis
Authors: McBride Feremy
Published: November 2023

There can hardly be room for complacency about the protection of human rights within Europe when they are currently imperi11ed by factors such as economic dislocation, internal strife, natural disasters, racism, terrorism and transition to democracy. There must, therefore, be a continuing concern about the adequacy of the mechanisms available to protect them. However, at present the main threat comes more from states than from the various entities operating at the international and supranational levels, of which the European Union is the most important. Moreover this threat exists as much in those states currently within the Union as in those who are candidates for membership and those who arc not even at that stage. The scale of the incursions on rights and freedoms may vary amongst these three categories of states but it is apparent from the cases coming before the European Court of Human Rights that almost all of them have significant deficiencies in their laws and practices.
Enlargement of the European Union: A Legal Analysis
Authors: Hillion* Christophe
Published: November 2023

In Nice, the European Council reaffirmed ‘the historic significance of the European Union enlargement process and the political priority which it attaches to the success of that process’. Enlargement has been an important catalyst in bringing the legitimacy of the European Union to the fore. While furthering the European dimension of the integration process, and thus making it more legitimate, enlargement to 20 or more countries from central, eastern and south-east Europe also raises fears as regards its potential impact on the Union’s achievements and future, both in substantive and institutional terms. It has thus been approached with a great deal of caution, sometimes even with genuine reluctance by several Member States.
Managing the EU’s New External Border
Authors: Batt Fudy
Published: November 2023

The revolutions of 1989-91 in central and eastern Europe signalled not only the ideological and practical bankruptcy of the communist system, but also the enormous prestige of the idea of ‘Europe’ among the peoples of this region: a key slogan encapsulating the meaning of the revolutions was the ‘return to Europe’. Paradoxically, this demand was asserted with enthusiasm just at a time when the popular legitimacy of the EU among citizens of its Member States appeared to be in decline. The peoples of central and eastern Europe seemed oblivious to the EU’s alleged ‘democratic deficit’, and untroubled by the implications of supra-national integration for their only recently recovered national sovereignty. In part, this could be attributed to native euphoria and lack of knowledge and understanding of the practical meaning of ‘returning to Europe’, in the sense of joining the EU Nevertheless, the peoples of central and eastern Europe were not to be persuaded by west European attempts to deflect their aspirations for early membership in either the EU or NATO. The arguments for delay were weakened not only by their unmistakable taint of cynical self-interest on the part of some existing Member States, and by the fact that other west European non-Member States such as Austria, Sweden and Finland were now also abandoning neutrality in favour of EU membership. hey also betrayed an underlying failure to appreciate the depth and seriousness of the central and eastern Europe’s commitment to the European project.
European Bankers in the Interwar Years
Authors: Cassis Youssef
Published: November 2023

Compared with the history of industrial enterprises, the business history of financial institutions is still in its infancy. This is surprising, given that many banks originated as private undertakings and have remained so in most industrialized countries (the postwar nationalization, and later privatization, of the French commercial banks and insurance companies being one of the most conspicuous exceptions). Financial institutions, particularly banks, have also come to feature among the largest companies, especially before 1914 but also in more recent years. Comparisons with industrial undertakings are fraught with danger, but in 1907 the largest German company, measured by share capital, was the Deutsche Bank and the largest French company the Crédit Lyonnais. French banks maintained their position in the interwar years, though with a reduced margin, while German banks lost ground to the largest industrial concerns.
The French ‘Banques d’affaires’ in the Interwar Period: The Case of Banque de Paris et des Pays-Bas (Paribas)
Authors: Bussière Eric
Published: November 2023

This contribution tries to analyse the consequences of the First World War and the effects of the economic context of the interwar period on the structure of activities of the French ‘banques d’affaires’, and especially the most important of them, the Banque de Paris et des Pays-Bas (Paribas). Created in 1872, Paribas had as its first objective participation in the flotation of an international loan intended to pay the reparations due from France to Germany after the Franco-Prussian War of 1870. Market activities, and especially bond issues for governments, remained the key activity of Paribas from its birth up until the First World War. These financial activities were conducted on an international scale through syndicates in which Paribas played a leading role when the French market was involved. Relations with enterprises constituted the second kind of activities engaged in by Paribas, especially utilities such as railways, gas, and electricity, whose development generally generated important stock and bond issues. Banking activities were the counterpart of market activities, but they began to develop significantly only at the beginning of the century and played only a secondary role at Paribas before the First World War.
The Rise and Risks of Restorative Justice
Authors: Roche Declan
Published: November 2023

In the summer of 2002 hundreds of fierce bushfires raged for weeks across New South Wales, Australia, forcing the evacuation of thousands of people, destroying over one hundred homes, and burning out huge expanses of bush land. When a number of children caught lighting fires were referred to restorative justice conferences, the New South Wales Premier Bob Carr proclaimed on national television: ‘I think sending them to a juvenile prison is in some respects too good for them. What is better is to rub their noses in the ashes they’ve caused, by making them clean up the mess, work with the victims and go into a burns ward and talk to people who’ve suffered from fire’ (ABC 2002).
Methods and Overview of Programmes
Authors: Roche Declan
Published: November 2023

Restorative justice programmes are now to be found in a number of countries. In order to investigate the range of these, twenty-five were selected as case studies. The term ‘restorative justice’ covers a wide range of practices. Although this range illustrates confusion about the meaning and application of restorative justice, there remain four fundamental ideals: personalism, reparation, reintegration, and participation. Once they are unravelled, we can begin to see why such a diverse—and sometimes contradictory—range of practices fall within the limits of the same defined term. Many of the practices labelled as ‘restorative justice’ reflect at least one of the basic elements: for example, both victim support services and government compensation schemes aim to assist victims and repair some of the harm they have suffered; more symbolically, a memorial to honour the victims of violence can also be regarded as a reparative gesture; alternatives to incarceration—such as probation and community service—attempt to reintegrate offenders.
Deliberative Accountability in Restorative Meetings
Authors: Roche Declan
Published: November 2023

‘We would like you to pay compensation’ the young woman said to the teenager who, looking for money to buy drugs, had broken into her business. Asked how much, the woman replied, ‘$1000—that’s $200 for the excess we had to pay on our insurance policy, and $800 for the increase in our premium.’ The 17 year-old offender said that that was ‘a lot of money’, but that he would repay it. Two of his supporters, a family friend and his grandmother (an elder of the local Aboriginal community) also considered it a large sum, but neither objected.
Semi-Formal Justice: Combining Informal and Formal Justice
Authors: Roche Declan
Published: November 2023

Modern criminal justice is characterized by a rapid rate of change and innovation in penal philosophy, policy, and practice (Zedner 2002). Prominent among these changes is the emergence of restorative justice, a practice-led theory of justice concerned with the personal consequences of crime which gives citizens, rather than professionals, primary responsibility for determining how best to repair victims’ harm and secure offenders’ reintegration into law-abiding communities. New Zealand, Australia, Canada, England, and the United States have led many other countries in adopting different kinds of restorative justice programmes.
Logic and Rhetoric
Authors: Murphy Peter
Published: November 2023

100 [18] OUR treatise proposes to find a line of inquiry whereby we shall be able to reason from opinions that are generally accepted about [20] every problem propounded to us, and also shall ourselves, when standing up to an argument, avoid saying anything that will obstruct us. First, then, we must say what reasoning is, and what its varieties are, in order to grasp dialectical reasoning: for this is the object of our search in the treatise before us.
World War I and the Excess of Technical Education in Great Britain
Authors: Gente Magali
Published: November 2023

The rapid development of technical higher education as a national priority is an interesting feature of the First World War period in Great Britain, as is the response of The Times to this cultural event. If we examine the history of British higher education during the Edwardian years, part of its evolution appears to have resulted from a rivalry with Germany over technical supremacy, economic independence, and imperial conquest:

The fact that Britain lagged behind Germany and the USA in the priority given to scientific education was generally acknowledged in the early twentieth century. … The perceived failure—which the foundation of Imperial College in 1908 was intended to remedy—was in coordinating academic specialization with the needs of industry (with new chemical technologies as an object lesson in German superiority).
The Economy of Dependence: Gift Exchange, Consumption, and Aid
Authors: Rausing Sigrid
Published: November 2023

The post 1986– -transformation of the former Soviet Union is to a large extent defined by changes in material culture, or, in other words, by changes in the culturally constituted relationships to objects. The desire for consumption tends to be taken for granted in the West, albeit often with the added assumption that the increased availability of goods constitutes a kind of banalization, or vulgarization, of culture. This chapter investigates the appropriation of Western objects on my field site. I will argue that the present transformation of the culture of exchange, material success, and national identity is articulated in terms of the relationships to Western objects, within the wider context of the move towards independence and a market economy.
National Heritage in the Soviet Union and Post-Soviet Estonia
Authors: Rausing Sigrid
Published: November 2023

In August 1991 Edgar Savisaar, the then prime minister, called on the citizens of Tallinn via radio to protect the telephone tower in Tallinn from the approaching Soviet tanks. In town you heard cars hooting everywhere; the people who had cars were signalling that they could give lifts to people who did not. The radio continuously announced the slow progress of the tanks rolling towards Tallinn: 200 kilometres away, 175 kilometres, 150 kilometres. The people erected barricades and then stood around in groups, waiting, prepared to fight a hopeless fight with the Soviet army. One of my informants, an elderly woman, was there with a group of other women. At about 3 o’clock in the morning, she said, ‘a young Estonian, a man of the people, a blue-eyed man with such an open, honest face, came up to us and said: “women of Estonia! Go home and protect our homes. Protect yourselves so that the Estonian people may continue to grow.” ‘ The tanks stopped outside Tallinn: someone had come to his senses and called off what would no doubt have been a massacre had the soldiers been given orders to fire.
Compensatory Damages: Some Central Issues of Assessment
Authors: Cartwright John
Published: November 2023

This paper discusses some of the central issues relating to the loss which can be compensated in contract. The core question is: in making an award of damages in contract, what are we compensating for? In recent years the courts (and, in particular, the House of Lords) have re-thought some aspects of this question, and have opened some new paths of enquiry in the assessment of compensatory damages.
Limitations on Compensation
Authors: Burrows Andrew
Published: November 2023

In assessing compensatory damages for torts and breach of contract, one must first decide what the aim of those damages is. This aim can be expressed in general terms for all civil wrongs as being to put the claimant into as good a position as if no wrong had been committed. However, in applying that general compensatory aim, very different results may ensue depending on whether the duty broken was a positive or a negative one. Hence the distinction between compensatory damages for breach of positive contractual obligations where the aim is to put the claimant into as good a position as if the contract had been performed (often termed the protection of the ‘expectation’ or ‘performance’ interest);2 and compensatory damages for breach of the negative obligations typically imposed by torts where the aim is to put the claimant into as good a position as if the tort had not been committed (often termed the protection of the ‘reliance’ interest).
Limitations on Compensation: Comment
Authors: Ryan Chris
Published: November 2023

In one paragraph of his paper (see Chapter 4)2 Andrew Burrows points out that the two rules of Hadley v Baxendale have been regarded as important in some recent Court of Appeal cases in construing what is meant by ‘consequential or indirect loss’ in exclusion or limitation clauses. This question of what is meant by ‘consequential or indirect loss’ in such clauses is very important in practice.
Restitution of Unjust Enrichment
Authors: Birks Peter
Published: November 2023

There are two principal commercial contexts in which the law of unjust enrichment operates. The first is transactions which one way or another come to grief after value has passed between the parties. A decade of litigation over void interest swaps provides the most dramatic illustration in recent memory. The second comprises all those situations in which funds have been misdirected. That is a large and diverse category. It includes innocently mistaken payments and massive frauds. A theme running through both is the search for a solvent defendant and, failing that, for priority over other claimants.
Proprietary Remedies for Unjust Enrichment
Authors: Calnan Richard
Published: November 2023

This book is about commercial remedies. In his paper, ‘Restitution of Unjust Enrichment’ (Chapter 13 above), Professor Peter Birks has given the expression ‘remedy’ a broad meaning and I will adopt the same approach.
Private Law Remedies and the Human Rights Act 1998: An Overview
Authors: Bamforth Nicholas
Published: November 2023

It has been clear since the Human Rights Act 1998 (‘the 1998 Act’) came into force that private law remedies have been affected by the bringing into domestic law of most European Convention rights.
Private Law Remedies and the Human Rights Act 1998: Defining the Limits of Interpretation
Authors: Henderson Andrew
Published: November 2023

In Chapter 19 Nicholas Bamforth makes a persuasive case that the major mechanism, under the Human Rights Act 1998 (‘the 1998 Act’), by which Convention rights will affect private law is interpretation, whether of existing statutory provisions or common law rules—including, where appropriate, remedies.
Conflict of Laws and Commercial Remedies
Authors: Briggs Adrian
Published: November 2023

An examination of the private international law of commercial remedies may be thought to present little more than a problem of organization or of deciding where, if anywhere, dividing lines are to be drawn. To begin with, there can be no real analysis of remedies which does not first look at the choice of law rules for the various rights that give rise to them; and if one does that, one ends up looking at the whole of the commercial conflict of laws. The word limit for this paper, and the patience of a tolerant audience, will not allow for that. So let us start with what we know. At least as far as English law is concerned, the legal rules relating to remedies occupy a quiet backwater, where the dominant approach is simple and clear. Whether the remedy sought is interim or final, an English court applies its own law to define and describe the limits of the remedies which it will grant.