bluuebunny/crossref_metadata_2025 huggingface dataset:
Plans and Dams
Authors: Collins Robert O
Published: October 2023

The construction of a mighty dam at Aswan was a unilateral decision by the revolutionary government of Egypt in 1952, but even the revolutionary command council could not ignore the reality of the interests of other riparian States. Relations with Uganda had been normalized by the exchange of notes in May 1949 formally agreeing to the construction of the dam and power station at Owen Falls. Britain and Egypt had even revised their agreement of 1935 concerning the Lake Tana dam by the successful completion of the technical discussions in November 1946. The Sudan, however, was the most significant of all the riparian States and, by virtue of her geographical position, the dominant partner with whom Egypt must come to terms if development of the Nile valley was to continue south of Aswan. The Egyptians were well aware of this fact, and at the time of the exchange of notes over the Owen Falls dam agreement, the prime minister of Egypt issued a statement obviously calculated to win Sudanese support for the unity of the Nile valley under the Egyptian monarchy but one which, if taken literally, modified the Nile Waters Agreement by formally obliging Egypt to secure Sudanese permission before undertaking any projects for control of the Nile. Hitherto Egypt had had only to seek the consent of Great Britain.
The Canal-Builders
Authors: Collins Robert O
Published: October 2023

The Compagnie de Constructions Internationales, SA (CCI) was founded in July 1963 by five French companies, with the aim of undertaking large and high-risk construction projects in foreign countries as well as in France, and with an average annual turnover of some F50 billion.1 Of the five firms, the leader and dominant partner, by virtue of its capitalization—nearly the total of its four partners—and its experience, was Grands Travaux de Marseille International (GTMI), which subsequently played a central role in the construction of the Jonglei Canal. During the decade after its formation, CCI had built dams in Turkey, Iran, Pakistan, the Ivory Coast, and Mozambique; harbours in Morocco, Saudi Arabia, and Egypt; and railways in Gabon; it had even participated in the glamorous salvage of the great temple at Abu Simbel from the rising waters of the Aswan high dam reservoir.
The European System,1763–1787
Authors: Schroeder Paul w.
Published: October 2023

The period after the Peace of Paris which concluded the Seven Years’ War (1756-63) has often been described as one of relative stability. Certainly this is what many Europeans needed and wanted. The great world war of fifty years before, the War of the Spanish Succession (1702-14), had ended the threat of the hegemony of Louis XIV’s France in Europe and had established a recognizable balance of power. Despite the efforts of some British and French statesmen to establish a durable peace by a system of collective security, however, old contests had continued after the Peace of Utrecht-Rastatt and new ones developed in the succeeding decades, involving Northern Europe, Italy, Germany, the Near East, the Polish succession, the Austrian succession, India, and the New World. A climax to forty years of indecisive balance-of-power struggle was reached in the Seven Years’ War of1756-63. Even wider and bloodier than the War of the Spanish Succession, it ended with all the belligerents tired of fighting and some of them exhausted. The outcome was decisive in both the maritime and Continental theatres, though in different ways. Britain clearly defeated France and Spain in the contest for colonies and control of the seas.
War and Revolution, 1787 -1792
Authors: Schroeder Paul w.
Published: October 2023

Though the wars of the French Revolutionary era predated the Revolution and were not caused by it, there is a certain parallel between the Revolution and the wars in terms of origins and results. The French Revolution arose from the failure of a patriotic reform movement-that is, various efforts by enlightened rulers and ministers, aristocrats, and liberal reformers to make the old regime work better.1 Once started, however, the Revolution in France quickly became a movement for something different and bigger than reform: a powerful, confused, and incoherent effort to replace the old aristocratic-monarchic political order with a new democratic one. In the traditional society of orders, law and governing authority came from the top down, based on tradition, prescription, and religious sanctions, and liberties and rights were corporate privileges based on one’s particular status in society. In the new democratic society, the state and the political and social order was to spring from below, from the whole people conceived as a body of free and equal citizens endowed with natural rights; political authority and governmental decisions would rest on the people’s will. The concept, though not new, was genuinely revolutionary, particularly for old-regime France and Europe, and, as recent historians have emphasized, the attempt to create new institutions,
The First Coalition, 1792-1797
Authors: Schroeder Paul w.
Published: October 2023

One might expect that the outbreak of war would at least restore France’s importance in international politics.1 Ultimately this happened with a vengeance, but not for a while; both France and the war against France continued for some time to be international sideshows. One reason for this, as will be seen, was that at first, despite the radical Revolution, France’s foreign policy continued along traditional lines. A more important reason was that none of the members of the first coalition fought mainly to overthrow the Revolution, and some were loath to fight at all. Their main reaction to the discovery that it would be more difficult than expected to defeat France and restore order was not to fight harder, but to attempt to end the war, coexist with Revolutionary France, and pursue other goals-which some found possible, others not. The problem is not to explain how the War of the First Coalition started, which is fairly easy, but why it persisted and proved difficult or impossible to end. The basic answer is that the same kind of traditional politics that got both sides into war also kept them from ending it.
The Second Coalition, 1798-1802
Authors: Schroeder Paul w.
Published: October 2023

Behind the French expedition to Egypt lay the difficulty France had in getting at England. Following the collapse of the peace talks at Lille, the Directors, particularly Reubell, again took up the idea of a cross-Channel invasion, despite the failure of an earlier effort and the fact that France did little to support the insurrectionary plans of the United Irishmen led by Wolfe Tone. But Bonaparte, given command of the proposed invasion force, soon decided that he would not sacrifice his popularity in this hopeless enterprise. With invasion infeasible and revolutionary subversion and raids on British commerce clearly inadequate, the idea of undermining Britain’s will and capacity to fight by seizing Egypt and threatening the route to India seemed more attractive.1 Other purposes, however, were at least as important.
Tilsit Undermined, 1807-1809
Authors: Schroeder Paul w.
Published: October 2023

As will be seen, not everything Napoleon did in reorganizing and expanding his empire after 1807 had the principal aim of bringing Britain down. Almost everything was in some way connected with this effort, however, and the measures taken were thorough and generally effective. First Denmark and Russia were brought actively into the anti-British coalition, then Austria and Prussia. A series of annexations and occupations were carried through in Italy, ostensibly to destroy British trade. The Emperor renewed his demands on his satellites for naval construction and a more vigorous war at sea.1 He pushed further his plans and preparations for the conquest of Sicily and the development of bases for more war in the east,2 and he annexed part of his brother Louis’s Kingdom of Holland, all supposedly to organize the Continent against the common enemy. The Russo-Swedish war in early 1808 and Napoleon’s campaign launched in late 1807 to destroy Portugal and turn Spain into a French province were at least ostensibly designed to bring England down.
The Iberian Peninsula: The Rewards and Problems of Conquest, 1274–1415
Authors: Housley Norman
Published: October 2023

When the Council of Lyons assembled in 1274 Castile, Aragon, and Portugal, the principal Christian states of Iberia, could look back on a recent crusading history which stood in sharp contrast to the run of disasters which their contemporaries had experienced in the Holy Land and Romania (see map 10). Following the decisive defeat of the Almohad army at Las Navas de Tolosa in 1212, at the hands of a mainly Castilian and Aragonese force, the territorial impasse which had characterized the Reconquista since the time of the Second Crusade was broken. The rulers of all three peninsular kingdoms made substantial gains. King James I of Aragon seized the Balearic Islands between 1229 and 1235, and overran the Kingdom of Valencia in 1232–45. Sancho II and Alfonso III of Portugal effectively completed the Portuguese Reconquista by extending their lands as far south as the coast of the Algarve. Most spectacularly, Ferdinand III of Castile brought under direct control Extremadura, Murcia, and much of Andalusia, including the great urban prizes of Cordoba (1236) and Seville (1248). From 1246 the Emirate of Granada endured tributary status to Castile, and as early as 1227 Ferdinand entertained hopes of carrying the war across the Straits of Gibraltar into Muslim North Africa. Within two decades about a third of the peninsula and its population had been transferred from Islamic to Christian hands, and the balance of power between the two contesting religions had been fundamentally and irrevocably altered.
The End of the Reconquista: Granada and Beyond, 1415–1580
Authors: Housley Norman
Published: October 2023

The pivotal point of this chapter is the series of campaigns waged between 1482 and 1492 by the ‘Catholic Monarchs’, Ferdinand and Isabella, which culminated in the conquest of the Emirate of Granada and the ending of Muslim power in Spain (see maps 10 and 11). Recent research has confirmed the political significance of these events, while in its scale and intensity the Granada war ranks alongside the Varna campaign and the wars against the Hussites as one of the greatest crusades of the fifteenth century. Thanks largely to the work of Professor M. A. Ladero Quesada, the character of the war itself is now clear; but both the background to the crusade, and its long-term results, remain highly problematic. In the case of the former, the difficulty lies in deciding whether or not the crusade represented a radical change in Castilian policy towards Granada and, more broadly, attitudes towards convivencia. And in the case of the crusade’s long-term results, the dominant question is the fate of Iberian crusading ideas, institutions, and attitudes after the completion of the Reconquista. Continuity is apparent in some features of Spanish government and society in the sixteenth century, such as Castile’s advance into North Africa and the resultant struggle with the Ottomans, and the survival into the Early Modern period of both the Iberian Military Orders and the ‘Bula de la cruzada’. But investigation of the subtler links between the crusade and the Spanish conquest of the New World, and Habsburg imperial policy generally, forms one of the most tantalizing aspects of the history of later crusading.
Introduction
Authors: Theodore Hoppen K
Published: October 2023

Sir Robert Ensor’s fine volume in the first ‘Oxford History’ series was simply entitled England 1870–1914. Though I think it is no longer possible to concentrate as exclusively as Ensor did upon England alone, I have emulated him at least in choosing a plain title. Books deliberately written to delineate past periods as, for example, ages of reform or revolution or reaction, as ages of rising middle classes or collapsing aristocracies, of expansion or contraction, of new regimes or of old, whatever they may gain in invigorating coherence, too often achieve their effects by a species of historical brigandage or (worse still) of historical myopia. An approach appropriate for monographs examining one comparatively self-contained topic imposes an unduly partial influence upon more general works such as this.
Shifts and Realignments 1880–1886
Authors: Theodore Hoppen K
Published: October 2023

What the Liberal administrations of April 1880–June 1885 and February—July 1886 actually did was the reverse of what the Midlothian campaigns had suggested. The handling of foreign and colonial matters proved a sorry disappointment. Gladstone entirely failed to breathe continuing life into the notion of a concert of Europe (designed to prevent international imbalances through co-operation between the powers), and, far from keeping imperialism in check, his governments rendered the world map redder still. By contrast, much was achieved in two areas little touched upon by Liberals during the election of 1880—Ireland and domestic affairs generally—though the failure of Home Rule in 1886 and misleading comparisons with the administration of 1868–74 have tended to disguise the fact. There was, in other words, a particularly severe disjunction between intention and performance in the years between 1880 and 1886.
Post-War Turmoil, 1945-1954: The Japanese Economy in Disorder
Authors: Yoshikawa Hiroshi
Published: October 2023

This book is concerned in large part with the Japanese economy after the mid-1950s, when the rapid economic growth started. The perfor¬mance of the Japanese economy since then has on the whole been so good that one is apt to forget the period of turbulence that immediately followed the war. This chapter describes the difficulties the Japanese economy faced in the first decade after the war (1945-54), and explains how it overcame those difficulties.
Keynesian Economics Survives Supply Shocks: Demand/Supply Constraints and Inventory
Authors: Yoshikawa Hiroshi
Published: October 2023

In Chapter 2, I argued that business cycles in post-war Japan were caused basically by fluctuations in effective demand. I also explained that the permanent deceleration in economic growth in the early 1970s was caused by changes in the internal structure of the Japanese economy, rather than by the oil embargo of 1973. It would be unreasonable to suppose, however, that a sharp increase in the real price of inputs would have no impact on the macro economy.
Monetary Policy and the Real Economy
Authors: Yoshikawa Hiroshi
Published: October 2023

This chapter considers the role that money plays in the economy. There is considerable disagreement among economists over the role of money in economic fluctuations. On the one hand, monetarists (M. Friedman 1968; Lucas 1972) consider unanticipated changes in the money supply exogenously caused by central banks to be the major shock driving economic fluctuations. As explained in Chapter 1, ‘new’ Keynesians also often identify demand shocks with exogen¬ous money supply shocks in their theoretical and empirical works; in their view, money supply shocks translate into real shocks because prices are inflexible. This idea motivates attempts to explain nominal price/wage rigidities.
In Search of the Secret of Centenarians A Demographic and Medical Survey about Centenarians in France
Authors: Allard Michel , Vallin Jacques , Andrieux, Jean-Michel , Robine Jean-Marie
Published: October 2023

Industrialized countries are currently experiencing a sudden and unexpected profusion of centenarians among their population. In France, the increase in the number of centenarians is considerable: in 1954 there were approximately 200 centenarians, this number rose to 1,000 in 1970 and to over 3,000 in 1990 (Labat and Dekneudt, 1989). This represents the highest growth rate of all population age groups. This tendency is likely to continue and the number of centenarians is expected to double by the year 2,000. Even the numbers of 95-year olds have increased from 5,000 in 1954 to 53,000 in 1993 (52,619 as of 1 January 1993 according to INSEE), while the nonagenarian age group has increased from 46,000 to 299,000. Jeanne Calment who had reached the age of 119 years on 21 February 1994, was, at the time of writing, the oldest woman alive, not only in France but in the world, at least in populations where civil registration is sufficiently accurate to verify the age of very old people (Kannisto and Thatcher, 1993). However, accurate estimation of the number of centenarians is a very delicate area of demography and it should be noted that there is considerable discrepancy between the different evaluations which have been carried out (Labat and Dekneudt, 1989).
Social Support, Life Satisfaction and Survival at Older Ages
Authors: Grundy Emily , Bowling, Ann , Farquhar Morag
Published: October 2023

In many developed countries the increase in the relative size of the elderly, and more particularly the very old, population has been perceived as an issue presenting major challenges to governments, service providers, and society as a whole (Pifer and Bronte, 1986; Stolnitz, 1992). Ageing in the individual is associated with declines in the homeostatic mechanisms that bring about adaptive responses to environmental challenges, and all indicators of health status, including service use, show strong associations with age (Evans, 1988; Grundy, 1991). In England and Wales in 1989/90, for example, per capita public expenditure on health and social services for those aged 85 and over was 15 times as great as expenditure on those aged 15-64, and four-and-a-half times as great as expenditure on 65-74-year-olds (Robins and Wittenberg, 1992).
The Forest and the Animals
Authors: James Wendy
Published: October 2023

The Uduk often speak and behave as though they were surrounded by thick woodland, tempting them with rich rewards for the skilful hunter or gatherer. It is not so very long since this image had some basis in truth. The hilly country to the south of the Y abus, whence they have come according to their own account (and now inhabited by Komo and Shyita) is still relatively well forested and the larger game can stiH be found. A graphic picture of these hills as a ‘hunter’s paradise’ is sketched in a government report for I9JI, a picture recalling (apart from the threat of Abyssinian poachers) the primeval scenes of Uduk myth in which they perceive the first emergence of humanity. The description refers particularly to Jebel Dute and the Khor Matuk (see Fig. I).
Persons
Authors: James Wendy
Published: October 2023

The human being, as the locus of knowledge of self and others, is the experiential centre to which we must return again and again in exploring the regions of ‘symbolism’, ‘belief’, ‘religion’, and ‘cosmology’ among the Uduk: domains which the ethnographic tradition has too often separated from embodied experience. In this chapter an inevitably lengthy account is given of the experiential foundations of personal knowledge among the Uduk, an account which acts as ballast to the discussion of innovative theistic cos mologies in Part II. The Uduk themselves return to the touchstone of personal knowledge in their encounter with religious discourse a_nd in doing so they draw again upon the archival base of their culture.
Kindling the Ebony: Divination, Diagnosis, and Treatment
Authors: James Wendy
Published: October 2023

The Uduk have many uses for the wood they call cir, and which is commonly known in the Sudan as babanus, translated normally as ebony, though strictly an ebony substitute. 1 It grows straight and slender when young, and hard and gnarled when old. The young wood is white, but the older branches and trunks develop a black core. The straight young growths may be used for fire dril1s, and the iron-hard black wood for arrow tips. A popular style of throwing-stick is cunningly fashioned with a pointed dark head of the core wood, and a curving handle of black and white, from the natural shape and colour of the ebony branch. The wood burns bright and sharp, and is a first-class fuel, increasingly marketable in Chali. The older trees may still be found in thickets well away from settlements, and near the hills. Trees near the hamlets have usually been culled, but younger whippy growths are often spotted around old stumps. It is this new growth which is used for oracular consultation.
The Rights and Interests of Land-Locked and Geographically Disadvantaged States with Respect to the Sea-Bed Beyond National Jurisdiction
Authors: Vasciannie S C
Published: October 2023

Most of the relevant literature on the law of the sea highlights the role played by the factor of development in determining the spirit, and the letter, of Part XI of the 1982 Convention. This emphasis is fully understandable because, at the UNCLOS III and in related fora, the States participating in the deep sea-bed debate formed alliances according to their level of development and negotiated primarily on that basis. Since a large part of this chapter is concerned with broad issues in this debate, the general pattern in the literature will be repeated here.
T. H. Green, J. S. Mill, and Isaiah Berlin on the Nature of Liberty and Liberalism
Authors: Bellamy Richard
Published: October 2023

In his seminal lecture ’Two Concepts of Liberty’, Isaiah Berlin examines the work of Mill and Green as exponents of the concepts of negative and positive liberty respectively. Berlin regards the two accounts of liberty as incompatible and opposed to each other. He charges Green with adopting the two cardinal errors of positive liberty: (1) the use of a notion of self-realization which confuses ’freedom from’ with ’ability to do’; and (2) the identification of liberty with equality.
Prolonged Military Occupation: The Israeli-Occupied Territories 1967-1988
Authors: Roberts Adam
Published: October 2023

To what extent are international legal rules formally applicable, and practically relevant, to a prolonged military occupation? The question has assumed prominence because of the exceptional duration of the occupation by Israel of various territories that came under its control in the war of 5-10 June 1967. The situation there has had two classic features of a military occupation: first, a formal system of external control by a force whose presence is not sanctioned by international agreement; and second, a conflict of nationality and interest between the inhabitants, on the one hand, and those exercising power over them, on the other. In highlighting these features, the Palestinian uprising, or intifada, which began in Gaza and the West Bank in December 1987, has added urgency to the question of the law applicable to prolonged occupations.
Avenues open for Defence of Human Rights in the Israeli-Occupied Territories[CT005D
Authors: Kuttab Jonathan
Published: October 2023

Palestinians in the Occupied Territories face a wide variety of human rights violations. Some pertain to their collective rights, such as the right of self-determination, others pertain to individual rights such as freedom of speech, freedom of assembly, freedom of movement, as well as the property rights and their rights to life and security of the person. The perpetrators of these violations range from the Israeli military government and its different constituent parts, to Jewish settlers in the Occupied Territories and even Palestinian collaborators with the authorities (such as the Village Leagues) who have also been guilty of a wide variety of abuses and human rights violations.
Discretion: Meaning, Rationale, and Regulation
Authors: Pattenden Rosemary
Published: October 2023

Discretion is an imprecise word which takes its meaning from the context in which it is found. The term has been used in legal materials in so many ways that in 1923 one despairing commentator advocated dropping it from the vocabulary of the law. Since, however, the term is in widespread use, and appears in legal literature going back at least as far as Callis’s book Upon the Statute of Sewers2, which appeared in 1622, this is scarcely possible. The best that can be done is to distinguish the various ideas that have become attached to this slippery concept. A number of different, albeit overlapping, usages of discretion can be made out. All are concerned in some way with choice.
Trial Discretions: The Judge and the Accused
Authors: Pattenden Rosemary
Published: October 2023

If a prosecutor ignores the spirit of the double jeopardy rule by seeking to prosecute the same person twice for the same misconduct the trial judge has an inherent power to stay the second trial irrespective of whether the special pleas of autrefois acquit and autrefois convia are open to the accused.
Trial Discretions: The Judge and the Public
Authors: Pattenden Rosemary
Published: October 2023

‘As a general rule’, Lord Diplock observed in Attorney-General v. Leveller Magazine Ltd, ‘the English system of administering justice does require that it be done in public.’ This principle, now reinforced by the European Convention on Human Rights, has two aspects: the public must be admitted to trials and the reporting of proceedings must not be hindered. Only if these requirements are generally upheld will society be in a position to judge the working of the criminal justice system.
Appellate Court Discretions
Authors: Pattenden Rosemary
Published: October 2023

This chapter is about discretions exercised by the courts of England and Wales below the level of the House of Lords when hearing an appeal against the verdict reached in a criminal trial or when confronted with an application for judicial review of proceedings in, or a decision of, an inferior court in the exercise of its criminal jurisdiction. The error which the lower court allegedly perpetrated need not have involved the exercise of a discretion. For the purposes of this chapter it is best to assume that the decision impugned is discretion-free. Sentencing matters are outside the scope of this book, and so too is the Court of Appeal (Criminal Division)’s jurisdiction to hear appeals against sentence.
European Community Law
Authors: Toth A G
Published: October 2023

This is the second of three self-contained volumes, making up the Oxford Encyclopaedia of EC Law, a major reference work on the law of the European Community/Union. The first of its kind in any language, it provides an authoritative guide to the interpretation of Community law. This volume focuses in particular upon those areas of Community law which are relevant to the creation and functioning of the internal market, such as the four freedoms, i.e. the free movement of goods, persons, services and capital, including the right of establishment; customs law; company law; intellectual property rights; sex equality law; social security law; public procurement; tax law; and related areas. There will be a companion volume that focuses upon competition law and policy, while a new edition of the volume of the Encyclopaedia covering Institutional Law (first published 1991) will be produced once the fate of the European Constitution has been decided. Each entry begins with a short definition of a term or concept, followed by a longer and more detailed explanation. The definitions and explanations are based on the Treaties and the legal acts of the institutions (secondary legislation), as interpreted in the extensive case-law of the European Court of Justice and the Court of First Instance, to which full references are made in the text. The volume thus contains a comprehensive and detailed coverage of its subject, reflecting the authoritative interpretation of Community law by the Community Courts. The entries are arranged alphabetically, with a full list of entries at the beginning of the volume guiding the reader to the relevant term or concept. For ease of use, the book is thoroughly cross-referenced, and each entry is followed by a reading list to facilitate further research in a particular area. There are comprehensive tables of cases, Treaties, international agreements and secondary legislation, plus an Index to the entire volume. Prepared by a team of recognized experts in the field of EC/EU law, the volume will serve both as a reliable tool for practitioners looking for an authoritative and up-to-date explanation of a subject supported by an extensive citation of cases, and as a starting-point for advanced students or academics wishing to carry out further research in this branch of the law.
Historical Background: International Law Moves from Protection of Particular Groups to Norms of a Universal Character
Authors: Thornberry Patrick
Published: October 2023

Throughout the history of international law there are examples of protective treaties concluded for the benefit of specific groups; the treaty is the paradigmatic instrument recognizing the right of minorities to fair treatment. The treaties produce a wilderness of single instances rather than any comprehensive scheme. There is, however, a certain similarity in the occasions and circumstances resulting in a treaty, even though the occasions and circumstances did not produce this result in all cases. Occasions for instituting a protective treaty were similar to those relating to the protection of aliens; a bond between protecting Power and protected minority, whether of religion, nationality, or culture.
Postscript to the League System
Authors: Thornberry Patrick
Published: October 2023

It is now primarily of historical interest to recall the conclusions of a study by the United Nations Secretariat in 1950 that the engagements entered into by States after World War I on the treatment of minorities had ceased to exist. The authors of the study examined ordinary causes of extinction of the treaties and declarations: the effects of war, the dissolution of the League of Nations, the implicit abrogation of the minorities undertakings upon the coming into force of the United Nations Charter, the implicit abrogation of the treaties by the stipulations concerning human rights and fundamental freedoms in the Peace Treaties of 1947 with ex-enemy States, and population movements in consequence of World War II.
Content of the Customary Law
Authors: Thornberry Patrick
Published: October 2023

It was noted in the previous chapter that in two of the decisions before War Crimes Tribunals, the Greifelt Caseand the Greiser Case,2a broader notion of genocide was expounded in contrast to the narrower version present in the Genocide Convention itself. In the former case, the first count of the indictment, in referring to the crimes against humanity which were part of ‘a systematic programme of genocide’,further alleged that:
The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities
Authors: Thornberry Patrick
Published: October 2023

The United Nations Sub-Commission on the Prevention of Discrimination and the Protection of Minorities is a subordinate body of the United Nations Commission on Human Rights. The Sub-Commission consists of twenty-six independent experts selected by the Commission on Human Rights from nominations by member States of the United Nations. Places on the Sub-Commission are reserved on a geographical basis: twelve to Afro Asian States, six to Western Europe and other States, five to Latin American States, and three to Eastern European States. Membership has expanded from an original allocation of twelve.
The Principles of Article 27 of the Covenant on Civil and Political Rights as General International Law?
Authors: Thornberry Patrick
Published: October 2023

From the point of view of the right of minorities to an identity, it is clear that there are serious limitations in the Universal Declaration of Human Rights-assuming its status in general international law. As noted, it does not contain a ‘minorities’ article as such. It does, however, contain an article on non-discrimination (Article 2) and an article on equality (Article 7). There are also articles guaranteeing freedom of thought, conscience, and religion (Article 18); freedom of opinion and expression (Article 19); the right to an education, which ‘shall promote understanding, tolerance and friendship among all nations, racial or religious groups ... ‘; and ‘the right freely to participate in the cultural life of the community .. .’. All of these rights stand in some relationship to Article 27 and may be regarded as supporting the freedom of minorities, though they lack the specific group reference.
The UNESCO Declaration on Race and Racial Prejudice
Authors: Thornberry Patrick
Published: October 2023

The Declaration on Race and Racial Prejudice was adopted by the UNESCO General Conference in 1978 at its twentieth session. It represents part of UNESCO’s effort to play, in the words of the Preamble, ‘a vigorous and constructive part in the implementation of the programme of the Decade for Action to Combat Racism and Racial Discrimination’ as defined by the General Assembly of the UN at its twenty-eighth session. It is not simply about discrimination, but is a more comprehensive instrument covering various aspects of race and racism which summarizes UNESCO’s approach.
The Law of Armed Conflict in Wars of National Liberation
Authors: Wilson Heather A
Published: October 2023

The application of the humanitarian law of armed conflict to wars of national liberation has met less resistance than the attempt to legitimize the resort to force by national liberation movements. Whereas the extension of the authority to use force runs directly counter to the general trend of the twentieth century towards a jus contra bellum, the idea that the combatants in these wars should have the benefit of certain humanitarian protections is entirely consistent both with the expanding international law of human rights and with increasing concern about the prevalence and brutality of wars of national liberation.
Grendon
Authors: Genders Elaine , Player Elaine
Published: October 2023

Grendon Prison opened in 1962, originally intended to investigate and treat prisoners whose crimes had recognisable psychiatric causes. Thirty years later, its radical ideas of the rehabilitation of prisoners through psychological or psychotherapeutic treatment have been embraced by the Woolf Report, which clearly committed the Prison Service to a rehabilitation ambition. Based upon interviews with prisoners and prison staff, this new study of a 'model' prison will be of interest to criminologists, penologists and prison staff everywhere.
Therapeutic Achievements
Authors: Genders Elaine , Player Elaine
Published: October 2023

In 1978, John Gunn and his colleagues published Psychiatric Aspects of Imprisonment, in which they evaluated the psychotherapeutic effect of Grendon upon a sample of 107 men received into the prison between 1971 and 1972. They concluded that while these men were in Grendon ‘massive changes’ took place in their social attitudes and psychiatric state.
Legal System Between Order and Disorder
Authors: Ost Michel Van De Kerchove François , Stewart Iain
Published: October 2023

This book considers two interrelated core questions. The first is: how have legal philosophers systematized law, and what types of assumptions have they made in undertaking this task? Second, in what sense is law a system, and how is it maintained as such? In answering the first question the book surveys and analyses the theories of a number of European legal philosophers and in answering the second puts forward its own distinct theory.
Relations Among the Elements of a Legal System
Authors: Ost Michel Van De Kerchove François , Stewart Iain
Published: October 2023

It has already been noted that study of the relations among elements of a legal system may be envisaged a priori in two different perspectives: either these relations are seen as inherent in the object studied, ‘law’, so that one could speak of a system per concreto1 or an ‘objective’ system, or they are seen as inherent in theory developed in relation to that object, so that one could speak in that case of a system per abstracto or a ‘scientific’ system.
A Legal System and Its Environment
Authors: Ost Michel Van De Kerchove François , Stewart Iain
Published: October 2023

After tracing in Chapter I the main outlines of the general problematic of systems, we examined in Chapter 2 the constitutive elements of legal systems and in Chapter 3 the variety of relations that structure them. We have now to explore the peripheries of systems, investigating their environment. New and important questions arise, whose solutions will particularly help to clarify some of the problems dealt with earlier. Are legal systems dosed or open? Are they self-or hetero-regulated? Do they maintain relations with other normative systems and, particularly, other legal systems? Each of these questions is widely de bated. We shall therefore begin by summarizing, in a first section, a radical idea proposed by Luhmann: the conception of a legal system as autopoietic, that is, as a system that is not only self-organized but even self-produced. We shall propose to substitute for this extreme view the conception of law as a game-a model already employed in the preceding chapter. As a game of order and disorder, determinism and indeterminism, a legal system appears to be endowed with a ‘relative autonomy’ in relation to society. This relative autonomy is undoubtedly the necessary condition for a legal order’s exercise of the functions peculiar to it. Those functions will be reviewed in a second section. However, since law never acts in a ‘social void’, the effectiveness of its interventions will depend on its mode of articulation to society. In a third section we shall study the interchanges between legal system and social order and there we shall bring out the concept of ‘infra-law (infra-droit)’. This theme will be continued in a fourth section with a discussion of legal change in its various relations to social change. Then, in fifth and sixth sections, we shall try to unravel the complex tangle of relations woven between legal systems and other normative systems, as well as between the various legal orders.
Cultural Rights as Peoples’ Rights 1n International Law
Authors: Prott Lyndel V
Published: October 2023

It is essential, in this field, to make it absolutely clear exactly what is being discussed. When one talks about peoples’ rights, one can mean one of several very different things. One might mean peoples’ moral claims. One might mean peoples’ rights as established and recognized in law, and this would involve the weighing up of evidence as to whether they are so established or not. Or one might mean, how far can such moral claims be established in law: what is their content? are they clear? do they meet the prerequisites for efficient enforcement by the legal system? In this sort of discussion lawyers have a great deal to contribute, since it is their constant effort to clarify and define. Moreover, this task is.. essential, if the rights asserted are to be given legal form and enforced. It is to this discussion this paper is directed.
Some Ethical Considerations on Field-Work with the Police
Authors: Norris* Clive
Published: October 2023

In the context of ethnography the debate about the ethics of social research has focused predominately on the issue of the morality of covert participant observation (Bulmer, 1982). In this chapter, by contrast, I want to consider some of the ethical implications of overt field-research, since it is this methodology which is more typical of the ethnographic enterprise. In particular, I want to consider, in the context of my own research on police culture, some of the dilemmas posed when the researcher is faced with direct evidence of m1sconduct by those he or she is researching.
Racism, Sexuality, and the Process of Ethnographic Research
Authors: Ackers* H L
Published: October 2023

This chapter is essentially concerned with reflections on my experiences of ethnographic research as a feminist. The research itself was neither consciously feminist nor primarily concerned with women’s experiences. It was a study of racism and political marginalization in Britain and focused upon institutional racism within the Labour Party. In practice, much of the research took place in predominantly male contexts. Reflecting on this scenario some five years later, from a feminist perspective, reveals the determining influence of gender and sexuality throughout the research process from its inception to its conclusion.
Foreign Law in English Courts
Authors: Fentiman Richard
Published: October 2023

How foreign law is established, and whether it must be relied upon at all, are central issues in private international law, with important implications in principle and in practice. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish the content of foreign law the object of that process is undermined. The cost and unpredictability of establishing foreign law also have an important impact on litigation, affecting the parties’ choice of forum, and how cases are argued and decided. This book, the first detailed examination of the topic in English law, is an account of the pleading and proof of foreign law from an English perspective, which also places the law in a comparative context, and considers options for reform. It provides a practical guide to the subject, but also presents the conflicts process in a way which is both novel and illuminating. Recognized as the leading account of the subject, this book is the first point of reference for both scholars and practitioners. It is frequently cited with approval in the courts, in England and elsewhere, notably in leading cases such as MCC v Bishopsgate Investments (1998, Court of Appeal), Shaker v Al Bedrawi (Court of Appeal, 2002), and Neilson v Overseas Projects Corporation (High Court of Australia, 2005).
Party Choice and Foreign Law
Authors: Fentiman Richard
Published: October 2023

It is often said that the pleading and proof of foreign law are voluntary. Foreign laws are facts in English doctrine and the pleading and proof of facts are at the parties’ motion.1 This chapter and the next are concerned with the scope of that principle, and with the extent to which the pleading and proof of foreign law are truly within the parties’ untrammelled con trol. The present chapter identifies several situations in which the applica tion of foreign law is required, and in which the content of foreign law must therefore be established. Chapter IV develops the theme by address ing several matters concerned specifically with the proof of foreign law.
Judge Without Jury
Authors: Jackson John , Doran Sean
Published: October 2023

Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone with that of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.
The Future of Judging Without Jury
Authors: Jackson John , Doran Sean
Published: October 2023

Responses evoked by the expression ‘judging without jury’ will vary according to the perspective of the audience. In the specific context of Northern Ireland, the term will evoke for both lawyer and layperson the removal of the jury from the trial of serious criminal cases arising from the troubles and its replacement with the Diplock process. The debate on the respective merits of these forms of trial feeds into the wider debate on the suitability of the general emergency regime which has run in parallel to Northern Ireland’s ‘ordinary’ criminal process.1 The Diplock court system is often represented as the epitome of this regime, but it is only one aspect of a much larger legislative and administrative programme.
Hearsay and Confrontation in Criminal Trials
Authors: Choo Andrew L -T
Published: October 2023

Critics of the English law of evidence have often claimed that the rationales for various rules are explicable only in terms of historical conditions long superseded, that it has failed to adapt to changing social and technological developments, and that frequently the results of applying it defy common sense. The hearsay rule and its exceptions have been subjected to all these criticisms and more. The topic was considered by the Criminal Law Revision Committee in its Eleventh Report in 1972, and it is again under consideration, this time by the Law Commission. Dr. Chao’s study goes deeper and wider than those enquiries, seeking to provide a more principled examination of the existing law and directions for reform than is possible in general texts and in committee reports. It is a timely contribution to a major debate.
The Rationales for the Rule
Authors: Choo Andrew L -T
Published: October 2023

is not the best evidence and it is not delivered on oath. The truthfulness and accuracy of the person whose words are spoken to by another witness cannot be tested by cross-examination, and the light which his demeanour would throw on his testimony is lost.
Reform Options
Authors: Choo Andrew L -T
Published: October 2023

The focus of this Chapter is upon various possible approaches that might constitute the basis for reform of the hearsay rule in criminal trials in England. In the light of the problems associated with the hearsay rule examined in the preceding chapters, it is clear that substantial revision of the operation of the hearsay rule in England is necessary. Indeed, it may be tempting to argue that the rule should be abolished altogether. Wigmore considered that, if the rule were to be abolished, we would probably attain a clearer picture of events and get just as close to the truth. Even at present, the hearsay quality of a good deal of evidence goes unnoticed.2 Indeed, at a certain level, there may be a hearsay quality inherent in any testimony. It is arguable that there is no such thing as completely objective perception, since all our perceptions of the real world are dependent to some extent upon what we have been told by others.
Introduction
Authors: O’Dell T H
Published: October 2023

The combination of the two words ‘secret’ and ‘patent’ seems, at first sight, to be a contradiction. Secret means kept private, whereas litterae patentes, from where the English word ‘patent’ comes, are open letters from the sovereign conferring some right or privilege. And the letter is open, for everyone to read, so that everyone knows just what it is the sovereign has given away, and just what it was the subject had asked for. In the case of letters patent for an invention, the bargain between the sovereign (the state) and the subject (the inventor) is that the inventor gives a full description of the invention, which is then published, and, in exchange for this contribution to public knowledge, the state undertakes to grant the inventor a temporary monopoly so that the invention can be exploited, initially, entirely to the inventor’s advantage.
The Last Secret Patent
Authors: O’Dell T H
Published: October 2023

The public records that give details of inventions belonging to the 1960s are just beginning to be opened at the time of writing. The last secret patent could be one that is described in a file that is closed until 1994 (PRO: ADMl/22169). This is already indexed as being about the patents of C. C. Mitchell, an aeronautical engineer who had a number of secret patents concerning the hardware used in the Second World War for catapulting aircraft from ships (PRO: ADMl/13839). An example of his work is described in the specification of BPN 649180, which was applied for on 11 October 1938, but not published until 17 January 1951. Apart from the long delay in publication, this specification is not particularly interesting.