bluuebunny/crossref_metadata_2025 huggingface dataset:
Constitutions
Authors: Barendt Eric
Published: November 2023

THE opening pages of textbooks on constitutional law frequently pose the question: what are constitutions? A standard answer is that the word has two meanings. In the first, the constitution of a state is the written document or text which outlines the powers of its parliament, government, courts, and other important national institutions. Almost every country in the world has a documentary constitution of chis type. Some of them also set out fundamental rights, such as the right to freedom of speech and the right to a fair trial. It is characteristic of documentary constitutions, particularly those guaranteeing fundamental rights, that they impose constraints on the powers of the legislature and the government. In some cases such limits may be enforced by the courts. Their decisions comprise the central part of constitutional law. Moreover, there are special procedures for constitutional amendment; a documentary constitution cannot usually be changed by ordinary legislation.
Federalism and Devolution
Authors: Barendt Eric
Published: November 2023

THE United Kingdom has a unitary, rather than a federal, constitution. Since the Act of Union with Scotland 1707, legislative and executive authority has been concentrated in the Westminster Parliament and the government in London. That has remained the position until the introduction of the devolution measures by the Labour government elected in 1997. Considerable legislative power is now to be devolved to the Scottish Parliament, while an Assembly for Wales is to take over the executive responsibilities hitherto discharged by the Secretary of State. Devolution measures were enacted in 1998. Radical though these changes are, they do not in theory affect the unitary character of the constitution.
The Courts and Judicial Power
Authors: Barendt Eric
Published: November 2023

ALEXANDER Hamilton, one of the authors of the Federalist Papers, described the judiciary as the ‘least dangerous’ branch of government. He meant that it cannot significantly damage the rights of citizens. The courts do not enjoy the wide law-making power of the legislature or the capacity of the executive to implement political policies. They are dependent on the government for financial support. Further, they ma} not be able to enforce their judgments without the assistance of bailiffs and other executive officials. Hamilton shared Montesquieu’s view that judges are relatively weak. It is, however, more interesting that he also agreed with the French jurist’s opinion that ‘there is no liberty, if the judiciary power be not separated from the legislative and executive.
Political Parties and Elections
Authors: Barendt Eric
Published: November 2023

POLITICAL parties play a key role in modern democracies. Governments are formed from one party or from a coalition or loose alliance of parties; others constitute the opposition. Indeed, it would be difficult to carry on stable government without them. Parties are essential to trans late the views of individuals and pressure groups into political programmes, which in their turn constitute the policy of the executive government and provide the basis of legislation. The parties’ role is particularly important in parliamentary systems like that of the United Kingdom, where the government is formed from members of the majority party sitting in the legislative assembly. Party solidarity makes the Members of Parliament of that party extremely reluctant to vote agajnst the government, or even to hold individual ministers to account, if that would embarrass it. These inhibitions have rendered increasingly dated the traditional account of ministerial responsibility; they have consequently upset the balance of powers between the Parliament on the one hand and the Crown and ministers on the ocher. If one party controls both the legislature and the executive, and also enjoys a monopoly power of appointment to the judiciary, the separation of powers is significantly weakened as a check on arbitrary government. Ultimately the ambitions of a strong cohesive party can only be checked by the possibility of its removal from power at a general election.
Constitutions in Times of War and Emergency
Authors: Barendt Eric
Published: November 2023

ONE theme of this book has been that modern liberal constitutions are generally characterized by a separation of powers between distinct branches of government and by a concern to guarantee basic human rights. Indeed, it is these features which distinguish such constitutions from those systems of despotic or totalitarian rule which at most erect a constitutional fa ç rade behind which the government can do whatever it wants. But there are some situations in which even the most enlightened government finds it necessary to exercise power free from the normal constraints, in particular those imposed by the separation of powers and the need to respect the full range of individual liberties. Liberal constitutional principles may appear a luxury when a nation faces invasion or terrorism.
Crime
Authors: Zedner Lucia
Published: November 2023

Criminal justice, it might be said, presupposes crime. The existence of police, prosecutors, judges, courtrooms, and prisons might seem evidence enough of crime. It might even be said that crime calls the rules and practices, the agencies and institutions of criminal justice into existence. As Marx wryly observed: ‘The in?uence of the criminal upon the development of the productive forces can be shown in detail. Would the locksmith’s trade have attained its present perfection if there had been no thieves? Would the manufacture of bank notes have arrived at its present excellence if there had been no counterfeiters?’ Texts on criminal justice might also be said to owe their existence (if not their perfection) to crime. Yet even if, on the evidence of their existence, we could take crime as a given, we would still be left uncertain as to its meaning. What is this phenomenon that provokes such public concern, political interest, institutional endeavour, and expense? How is it defined? By whom? And to what ends?
Industrial Relations And Performance Since 1945
Authors: Nolan Peter
Published: November 2023

This chapter investigates the nature of the linkages between industrial relations and the character and performance of British industry since 1945. Countless studies of Britain’s post-war performance record have cited industrial relations as a critical source of weakness. Employers, the argument runs, were prevented from organizing production efficiently by the adversarial production politics which allegedly inscribed workplace behaviour and bargaining systems in the three decades after 1945. Indeed, so commonly has this argument been advanced, and so rarely has it been challlenged, that it has come to serve as a powerfully seductive conventional wisdom.
The Impact of European Union Legislation on Intra-UK Conflict Rules
Authors: Hood Kirsty J
Published: November 2023

It must now be accepted that one of the most significant events for the UK in the development of modern private international law, has been entry into the (then) EEC, now the EU. Over the years, the range of areas in which EU action has been deemed necessary to support the Internal Market, and now to create an area of freedom, security and justice, has increased. A particularly important shift in EU involvement in conflicts law has been the move away from the use of Conventions (which in the UK required implementation with domestic legislation), to the use of Regulations, which are directly enforceable in all member states, and which have been described as ‘the most invasive legal instrument that European law has at its disposal’. In this chapter, the effect on intra-UK conflict rules of the various pieces of EU legislation will be considered.
Public Policy in Intra-UK Conflict of Laws
Authors: Hood Kirsty J
Published: November 2023

Public policy is a nebulous, multi-faceted concept. In theory, at least, it should occupy an important role in the conflict of laws. In reality, how-ever, the courts are often (rightly) reluctant to use such a powerful tool. In the intra-UK conflicts context, the question is how far public policy can, or should, feature at all. Is it possible, when a number of jurisdictions are part of a political whole, for one of those jurisdictions to make use of a concept of public policy in respect of another? Furthermore, is the answer to this question affected by the 1998 devolution settlements?
Conclusion
Authors: Hood Kirsty J
Published: November 2023

A particular factual-legal matrix, whereby there is contact between the peoples of different nations (each with their own legal system), is necessary before a need for conflict rules can arise. In the British isles this largely occurred between, on the one hand the Common Law nations of England, Wales and Ireland (recognizing that, whilst distinctive in certain ways, historically neither Wales nor Ireland were able to forge a lasting nation of their own) and, on the other hand, Scotland: although this is not to deny that clashes could also occur as between the laws prevalent in, for example, England and Ireland. However, despite these propitious conditions, the growth of a body of conflict laws was initially stunted, by a number of factors.
Organizing Business
Authors: Moran Michael
Published: November 2023

The organization of any interest for political purposes is a problematic affair, but it is especially problematic for business interests. We know why from the first two chapters of this book. There is a tension between the desire of business to maximize its political impact by organizing collectively and the pressure felt by individual enterprises to compete with business rivals. The tension has been made more acute by the historically fragmented organization of business interests on both sides of the Atlantic.

This chapter is about how business organizes now in the face of these problems.
Wilhelmine Germany
Authors: Hewitson Mark
Published: November 2023

Royal Highness, a 360-page novel by Thomas Mann about artistic detachment and princedom, also functioned as a gentle satire of life in Germany at the turn of the century. The work is set in an unnamed German state of 80,000 square kilometres and one million inhabitants, modelled on the Grand Duchy of Baden. The plot turns on the love affair between the younger prince, Klaus Heinrich, who is returning to his family birthplace, and Imma Spoelmann, the daughter of an American millionaire. Mann’s novel provides an intriguing portrait of a local, state- bound, inward-looking society, and of the archaic oddities of the etiquette-ridden, ineffective, parochial ‘high politics’ of the royal court and government. It stands in marked opposition to his brother Heinrich’s satire of Wilhelmine Germany in The Loyal Subject, published in 1918 as part of a trilogy on the German Empire. Heinrich portrays a world in which local politics has been undermined by nationalism and where the modern, powerful, industrial imperialism of the ‘Kaiser’ has replaced traditional liberalism. By contrast, Thomas depicts a quaint and apolitical setting — one he had already used in his first novel Buddenbrooks (1901) and which he explored further in Reflections of an Unpolitical Man (1918) and ‘Lübeck as a Spiritual Way of Life’ (1926).
Recovering the Third Culture: Johann David Michaelis and the Study of Hebrew Language and Civilization
Authors: Legaspi Michael C
Published: November 2023

Like so many modern academic disciplines, philology-as it is practiced and understood today-took shape largely at the hands of German¬ speaking scholars in the late-eighteenth and early-nineteenth centuries. Though the study of Hebrew continued without interruption through the late antique, medieval. and Renaissance periods, the modem academic study of Hebrew philology (Hebräistik) was formalized, in a definitive way. at various academic venues within the context of the German university. where it was both a component of and a response to intellectual and religious currents related to the Aufklärung.The most import¬ ant figure in the establishment of a scientific (wissenschaftlich) study of Hebrew in this period was Johann David Michaelis (1717-1791).
Anatolij Evgen’evich Ivanov on Students in the Russian Empire
Authors: Peter Hartmut Rüdiger
Published: November 2023

Anatolij Evgen’evich Ivanov (born 1936) can with justification be called the doyen of the historiography of Russian university and higher education of the nineteenth and early twentieth century. This historian has his academic home at the Institute of Russian History of the Academy of Sciences in Moscow. Already in the 1970s he had made a name for himself as a meticulous researcher of the structure and state control of higher education in Tsarist Russia. Even at that time, in a departure from the mainstream of Soviet historiography, his approach was determined by the history of ideas.
Disclosure in Criminal Proceedings
Authors: Corker David , Parkinson Stephen
Published: November 2023

Disclosure issues affect every stage of the criminal investigation and subsequent proceedings yet this book is the only modern, comprehensive and in-depth volume on the subject. It provides the practitioner with a detailed analysis from a practical perspective by following chronologically the progress of a case from the outset of an investigation until its conclusion, addressing the obligations and responsibilities of each of the parties as they arise. The book focuses primarily on disclosure of the prosecutor's unused material, but it also covers the timing and content of disclosure by the prosecution of its case, and the obligations on the defence. Dedicated chapters on more specialist topics such as expert evidence, public interest immunity, and unused evidence are also included. The text analyses all the relevant law and procedure, to place practitioners in the best position to argue their case. It contains carefully selected appendices - comprising relevant parts of Criminal Procedure and Investigations Act 1996 as amended by the CJA 2003; CJA 2003; extracts from the Criminal Procedure Rules 2005; the CPIA Code of Practice; the new Attorney General's Guidelines on Disclosure; the Protocol for the Management of Heavy Fraud and Other Complex Criminal Cases; and extracts from the new CPS/ACPO Disclosure Manual.
Evolution of the Law on Disclosure of Unused Material
Authors: Corker David , Parkinson Stephen
Published: November 2023

This chapter traces the development of the prosecution’s common law duty of disclosure from its origins, past the landmark Court of Appeal judgment in Ward and up to the reform of the statutory disclosure regime created by the Criminal Procedure and Investigations Act 1996 (CPIA).
Pre-Interview Disclosure
Authors: Corker David , Parkinson Stephen
Published: November 2023

This chapter considers whether an interviewee has any statutory or common law entitlement to pre-interview disclosure for an interview by a criminal investigator. For the purposes of this chapter, such interviews can be divided into two classes: either an interview under caution where there is no obligation on the interviewee to answer questions1 or an interview conducted under statutory powers which compels the interviewee to answer questions and creates a discrete offence for a refusal to do so. Whereas the former can be termed a ‘voluntary’ interview, the latter can be termed a ‘compulsory’ interview.
Disclosure of the Prosecution Case
Authors: Corker David , Parkinson Stephen
Published: November 2023

This chapter concerns the obligation on the prosecution to disclose and serve its evidence in advance of trial: i.e. that which it intends to rely on to prove its case and discharge its evidential burden at the trial of the accused. In relation to the obligation to disclose expert evidence, see Chapter 10.
Third-Party Disclosure
Authors: Corker David , Parkinson Stephen
Published: November 2023

The obligation of prosecutors under the Criminal Procedure and Investigations Act 1996 (CPIA) is to disclose relevant material which is in their possession and came into their possession in connection with the case for the prosecution against the accused, or which the prosecutor inspected in connection with the case.1 But frequently information which has some bearing on any offence under investigation or any person being investigated or the surrounding circumstances of the case is in the possession of a third party, rather than the investigator or prosecutor or the accused. This chapter considers the means by which such information may be obtained by either the prosecution or the accused.
Structure-factor statistics
Authors: Shmueli Uri
Published: November 2023

Most of the procedures involved in structure determination, except perhaps the use of the Patterson function, are rather heavily dependent on probabilistic considerations. A brief summary of the underlying principles, oriented towards the applications encountered in this book, is presented in Appendix C.
Direct methods
Authors: Shmueli Uri
Published: November 2023

The phase problem of crystallography was stated and deﬁned in Section 5.8 and will be restated here for convenience: in order to determine the crystal structure we need both the magnitudes and phases of the structure factors, F (h), whereas only quantities related to their magnitudes are furnished by the experiment.
Atomic displacement parameters
Authors: Shmueli Uri
Published: November 2023

Our discussions of the structure factor have assumed that the effects of atomic displacements are hidden in the expressions for the scattering factor and hence in the electron density. It is, however, possible to write the positional and displacement parameters explicitly–albeit approximately–and even let them vary so that an optimal agreement is obtained between the magnitudes in the model for the structure factor and the corresponding magnitudes that are obtained from the observed intensity. This process of variation, known as the refinement of structural parameters, will be treated in the next chapter. The present chapter is devoted to an approximate description of the effects of atomic displacement, following closely Trueblood et al. (1996), and to some simple models of displacement parameters in terms of the positional parameters, such as those proposed by Schomaker and Trueblood (1968).
Early life
Authors: Ashton Rosemary
Published: November 2023

Marian Evans [pseud.George Eliot] (1819–1880), novelist, was known under several names during her life: Mary Anne Evans (at birth), Mary Ann Evans (from 1837), Marian Evans (from 1851), Marian Evans Lewes (from 1854), and Mary Ann Cross (1880). She was born Mary Anne Evans on 22 November 1819 at South Farm on the Arbury estate in the parish of Chilvers Coton, Warwickshire, the third child of the second marriage of Robert Evans (1773–1849), manager of the large estates of the Newdigate family of Arbury Hall. Robert Evans’s work on the estate was wide-ranging.
Journalism in London
Authors: Ashton Rosemary
Published: November 2023

The next few years were for Mary Ann a lonely and painful time. She had to nurse her father through a long illness, during which he was demanding and often ungrateful. She was exhausted, physically and emotionally, when he died on 31 May 1849. Robert Evans was buried in Chilvers Coton churchyard, next to his wife. His property was divided between his sons Robert and Isaac; Fanny and Chrissey, who had been given £1000 each when they married, received another £1000 in his will, as well as household items.
Life with G. H. Lewes
Authors: Ashton Rosemary
Published: November 2023

By 1853 George Henry Lewes had replaced Herbert Spencer in Marian Evans’s affections, and fortunately he returned them. He, too, was a regular contributor to the Westminster Review, as well as theatre critic for The Leader, the weekly paper which he co-edited with his friend Thornton Hunt. Lewes, two years older than Marian, had had a busy and varied career. From an insecure background, brought up by his mother and a hated stepfather, with a miscellaneous schooling, he had worked his way to prominence in literary London by means of prodigious talent, versatility, and hard work.
The Lucasian professor
Authors: Westfall Richard S
Published: November 2023

Only a few months after his return to Cambridge Newton faced another decisive election, this one for a fellowship and the possibility of an indefinite stay in Trinity. By 1667 Humphrey Babington was one of the eight senior fellows of the college. Newton prevailed in the election once again, and it seems likely that Babington’s support was decisive. At that time Newton became a minor fellow of Trinity and a year later, upon incepting MA, one of the college’s sixty major fellows. He received an income of about £60, part of which came in the form of room and board, and virtually no prescribed duties. He could tutor if he chose, and the college records show that over the years he was tutor to a total of three fellow-commoners.
Revisions and disputes
Authors: Westfall Richard S
Published: November 2023

The climax of the struggle with John Flamsteed coincided with a number of other crises in Newton’s life. On 5 May 1711 an angry confrontation with Craven Peyton, warden of the mint, signalled the deterioration of their relationship. Tension continued at a high level until the death of Anne in 1714 and the fall of the tory government, with which Peyton was allied, led to the appointment of a new warden. During the same period, beginning in this case in 1709, Newton engaged himself in a second edition of the Principia, which taxed his time and energy until its completion in 1713.
Family, Lord North, and America
Authors: Cannon John
Published: November 2023

As well as being head of state George became, on the death of his grandfather, head of the royal family. With his mother, the princess dowager, he remained on cordial terms, and the misunderstanding over her initial exclusion from the Regency Bill was the last straw in his relations with Grenville. His marriage to Charlotte proved both affectionate and—as George had fervently hoped—fruitful. The queen preferred a quiet domestic life, shared her husband’s love of music, and had no wish to play a political role. For the first time since the reign of Charles I there were no mistresses at court to complicate private or public matters. Their first son, George (later George IV) was born after eleven months of married life on 12 August 1762, and was followed
The legacy and reputation of George III
Authors: Cannon John
Published: November 2023

George III had an important influence on national cultural life. On ascending the throne he determined to add to the library given by his royal predecessors to the British Museum. In the course of his reign he assembled ‘one of the finest libraries ever created by one man’ (Miller, 125). He was advised in this process by his librarian, Sir Frederick Barnard, and by Samuel Johnson, among others; by the time of his death it consisted of 65,250 volumes, 19,000 tracts and pamphlets, and the first large British collection of maps and charts. The king was also interested in typography and the design of books, establishing a royal bindery at Buckingham House. The royal collection was organized in three or more series, stored chiefly at Windsor and Buckingham House.
Plasmon–polaritons
Authors: Solymar L , Shamonina E
Published: November 2023

Plasmas is an old and respectable subject. It was started by Langmuir in the 1920s. Its properties have been studied ever since but not always with the same vigour. Topics rose in response to new applications, and declined on reaching saturation or realizing that the chances of the envisaged solution are fast receding. The development of radio broadcasting led to the discovery of the Earth’s ionosphere that reflects radio waves and is responsible for reception of radio signals when the transmitter is over the horizon. Hannes Alfven’s theory of magnetohydrodynamics (1940) that treated plasma as a conducting fluid has been employed to investigate sunspots, solar flares, the solar wind, star formation and other topics in astrophysics. The interest in thermonuclear fusion came in the wake of the hydrogen bomb. At one time it was believed that fusion, assisted by plasmas, is round the corner. The belief turned out to be not well founded. Later, the invention of lasers opened the new chapter of laser plasma physics with some promise of fusion but that has not been realized either. High-energy physicists hope to use plasma acceleration techniques to dramatically reduce the size and cost of particle accelerators. Among the applications that have come off are microscopy and sensing (see, e.g., Yeatman 1996; Homola 2003; Barnes 2006).
Small resonators
Authors: Solymar L , Shamonina E
Published: November 2023

The kind of resonators we need for metamaterials has already been discussed in Section 2.5. They have to be small relative to the wavelength and at the same time should be accessible to electric and/or magnetic fields. The elements that were proved useful for showing the existence of negative material parameters and negative refraction (Smith et al., 2000; Shelby et al., 2001a) were metallic rods and split-ring resonators. The combination was new. It is true, however, that those elements and all those introduced later were the products of a long line of development. This development is of interest on its own account because it tells us how the practical need of the manipulation of RF and microwave signals led to a variety of approaches that still give inspiration when new applications arise or simply when one wishes to improve an earlier design.

The aim of this chapter is to present most of the small resonators proposed up to the time this manuscript was sent to the publisher. It provides a fairly comprehensive list. Obviously, there is no space to go into much detail but we shall make an attempt to emphasize the main features of the design, and of course, in many cases it is sufficient just to look at the figures to appreciate how the resonance comes about and what function the resonator might fulfil. The order of presentation will be chronological at first.
Magnetoinductive waves II
Authors: Solymar L , Shamonina E
Published: November 2023

A one-dimensional treatment was sufficient to present most of the properties of MI waves: how they propagate, how they attenuate, how they are reflected, how to find a matching impedance, what is the power density and how they are coupled to each other. However, for some other properties, e.g. refraction, a two-dimensional theory is needed. In the theory of metamaterials refraction occupies a central position. One might even say that the subject started with the discovery of Veselago’spaper (1968) by Smith et al. (2000). The new physical concept introduced, as mentioned several times in this book, was negative refractive index and negative refraction. We may now ask the question whether MI waves can exhibit negative refraction? For that we need to have a formulation of MI wave propagation in a 2D medium and we have to find out what happens at the boundary of two periodic materials both of them capable of propagating MI waves.

Since metamaterial elements often have circular shapes, one of the popular 2D structures is a hexagonal one. We shall investigate their spatial resonances and imaging properties that were the subject of experimental work by Wiltshire et al. 2003a; Wiltshire et al. 2004a.
References To The European Court
Authors: Supperstone Michael QC , Knapman Lynne
Published: November 2023

Article 234 (formerly art 177) of the EC Treaty provides a mechanism by which national courts and tribunals may refer questions of European law for determination by the European Court. The European Court has ascribed the development of the Community legal order as being largely the result of co-operation between itself and the national courts and tribunals through means of the reference procedure. A reference is made during the course of proceedings in the national court and obtaining a ruling from the European Court is not of itself a remedy, but a step in the proceedings that enables the national court to give judgment in the case before it. The ruling given, sometimes called a preliminary ruling, is binding on
Protecting Third-Party Interests Under The Land Registration Act 2002: To worry or not to worry, that is the question
Authors: Dixon Martin
Published: November 2023

The Land Registration Act (LRA) 2002 is designed to change the way we think about land, ownership, and conveyancing. conveyancing, broadly defined, is already in operation1 and the more extensive schemes being tested will bring us a fully electronic conveyancing system within a decade.2 The Law Commission’s Report on which the 2002 Act is based foretells a brave new world where the e-register will govern the vast majority of dealings with land and where ‘off-register’ transactions and enquiries will be kept to the absolute minimum. Although e-conveyancing does not mean the end to physical inspection of property prior to purchase or mortgage, and will not eradicate pre-contractual enquiries of the seller or borrower, the e-register is meant to be a much more complete ‘title mirror’ than any version of land registration that has gone before. In this endeavour, HM Land Registry for England and Wales is leading the world, and common law and civil jurisdictions alike, as well as the former centrally planned economies of For example, electronic discharges of mortgages under the e-discharges (EDs) process, the first truly e-conveyancing system that allows direct and automatic changes to be made to the register by non-Registry agencies.
(Mis)Interpreting The Trusts Of Land And Appointment Of Trustees Act 1996
Authors: Probert Rebecca
Published: November 2023

The growing body of cases on the Trusts of Land and Appointment of Trustees Act 1996 makes it timely to consider its impact. In particular, how has it influenced the resolution of disputes between co-owners and creditors? Under the Act it is not possible to hold that the interests of a creditor are automatically to be preferred to those who occupy the family home. The Act implies that a clear distinction is to be drawn between applications by a trustee in bankruptcy and applications by a creditor, since different sets of rules apply to each.1 Under section 15 the courts are required to have regard to a number of factors in considering whether sale should be ordered at the instigation of a creditor. These factors are not listed in any order of priority, and there is no indication that any of them is to be given more weight than any other. There can be discerned in the case law, however, three ways in which the interests of a creditor may still prevail. First, the courts may emphasize the importance to be attached to the interests of a creditor, taking the view that, while all the factors listed in section 15 are equal, some are more equal than others. Second, the other factors listed in section 15 may be interpreted so restrictively that they have little application in most cases: the interests of the creditor thus prevail because there is nothing in the balance to weigh against those interests.
Put options in land: a neglected device?
Authors: Castle* Richard
Published: November 2023

The put option is a well-known instrument in financial investment and its use there is widespread. Company shares are often the subject of put options.1 In contrast, the put option in land is less well known. It has rarely come under the scrutiny of the courts, though its use in practice is widespread. A put option relating to land confers on the landowner the right to require the other party to acquire an interest in the land. In the past, courts tended to categorize options in land by reference to other concepts such as the conditional contract,2 the irrevocable offer,3 and the unilateral or ‘if contract.4 All that was made redundant by the authoritative classification of options in land as unique contracts coming into existence at the time of their grant. That well-known reclassification was made by Hoffmann] in Spiro v Glencrown Properties [1991] Ch 537. It has been said5 that Spiro v Glencrown reset the scene for the analysis of options. An option is one contract with potentially two stages.
Public Benefit And Charities: The Impact Of The Charities Act 2006 On Independent Schools And Private Hospitals
Authors: Luxton Peter
Published: November 2023

The Charities Act 2006, when brought fully into force,1 will make many changes to the law of charities. Among the most important of these will be some modification to the meaning of charity, including the introduction of a statutory list of charitable purposes and alterations to the public-benefit requirement;2 the creation of a new form of charitable corporation, the Charitable Incorporated Organization;3 the setting up of a Charity Tribunal to hear appeals from the Charity Commission;4 changes to the administration of charities, including registration5 and accounting and auditing requirements,6 cypres, and schemes;7 a new unified regime for public charitable collections;8 and an overhaul of the constitution of the Charity Commission.9 Most of these changes are uncontroversial and received broad support both from the charity sector and in Parliament.
The Malta Trusts Project - The Genesis Of A New Trusts Act In A Civil Law Jurisdiction
Authors: Ganado Max , Griffiths* Gerwyn LL H
Published: November 2023

In any collection of works dealing with the ways in which principles of trusts, equity, and property law have adapted, changed, and upon occasion re-invented themselves, in order to regulate and facilitate novel and contemporary situations, the continued development and flexibility of the trust offer many areas of investigation. Indeed in the field of commerce alone, the uses of the trust are manifold and often ingenious.1 This chapter, however, considers a different issue: the impact of the trust on different legal traditions and systems. It does so because of our belief that nowhere is the flexibility and adaptability of the trust and the advantages it can offer better illustrated. It may have traditionally been the guardian angel of the Anglo Saxon,2 but more recent history and current practice provide numerous examples of the adoption or utilization of the trust by jurisdictions having an essentially civil- or at least not common law-background and tradition.
Introduction
Authors: Kruger Thalia
Published: November 2023

The European Union (EU), like its main pillar, the European Community (EC), and their predecessor, the European Economic Community (EEC), is an important international economic player. It has internal rules regulating its internal market. Very early on, it became apparent that economic integration needed support from legal rules. The European judicial area constitutes the legal (civil and criminal law) framework that facilitates the functioning of the free movement of persons, goods, capital and services; it is the judicial side of the internal market. However, as the EU acts on the international scene, its effects are not limited to its own territory.
Third cornerstone: forum clauses
Authors: Kruger Thalia
Published: November 2023

The definition of prorogation is that parties agree a certain court will hear a dispute or disputes between them and in this way they grant jurisdiction to that court. Derogation is the flip side of the coin, meaning that other courts are deprived of their jurisdiction by the fact that a specific court or specific courts had been chosen. In this chapter the term ‘derogated court’ will be used to refer to a court that would have had jurisdiction under the applicable rules, but that has lost its jurisdiction as the result of a forum clause.
Introduction
Authors: Gormley Laurence W
Published: November 2023

The establishment of the customs union lies at the very heart of the system set up by the EC Treaty, and the free movement of goods is an indispensable condition for the establishment of the common market within the Community. The importance attached to the achievement of the customs union and to the concept of the free movement of goods is demonstrated by their pride of place in the structure of the Treaty.
Origin and Valuation of Goods
Authors: Gormley Laurence W
Published: November 2023

The common definition of the origin of goods is contained in Council Regulation 2913/92, and applies to the free movement of goods within the Community as well as to non-preferential trade with third countries. All preferential trade agreements also contain rules as to the determination of the origin of goods. The definition of the origin of goods is of fundamental importance in determining the applicable import or export duties to be paid as well as whether the goods are subject to any commercial policy measures.
Provisions Applicable to Goods Brought into the Territory of the Community until they are Assigned a Customs-Approved Treatment or Use
Authors: Gormley Laurence W
Published: November 2023

Goods brought into the customs territory of the Community must be covered by a summary declaration, with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory without a stop within this territory.
Goods Leaving the Customs Territory of the Community
Authors: Gormley Laurence W
Published: November 2023

Goods leaving the customs territory of the Community, with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory without a stop in this territory must be covered either by a customs declaration or, where a customs declaration is not required, a summarydeclaration. Where goods leaving the customs territory of the Community are assigned to a customs-approved treatment or use for the purposes of which a customs declaration is required under the customs rules, such customs declaration must be lodged at the customs office of export before the goods are to be brought out of the customs territory of the Community.
Privileged Operations
Authors: Gormley Laurence W
Published: November 2023

The Community system of reliefs from import duties or export duties and measures adopted on the basis of Article 133 EC is governed by Council Regulation 918/83 which sets out those cases in which, owing to special circumstances, relief from import duties, export duties, and measures adopted on the basis of Article 133 EC is to be granted respectively when goods are put into free circulation in or are exported from the customs territory of the Community.
Customs Debt
Authors: Gormley Laurence W
Published: November 2023

Where, in accordance with customs rules the customs authorities require security to be provided in order to ensure payment of a customs debt, such security must be provided by the person who is liable or may become liable for that debt. The customs authorities must require only one security to be provided in respect of one customs debt. Where security is provided under a customs procedure which may be used for specific goods in several Member States, that security is to be valid in the Member States concerned. Where the person who has incurred or may incur a customs debt is a public authority, no security must be required. The customs authorities may waive the requirement for provision of security where the.
Elimination of Quantitative Restrictions and Measures Having Equivalent Effect between Member States
Authors: Gormley Laurence W
Published: November 2023

The second method of ensuring that trade between Member States was liberalized was the abolition and prohibition of quantitative restrictions and measures having equivalent effect between Member States. This is achieved by Articles 28 to 30, of the EC Treaty. Quantitative restrictions themselves are easy to define and it is clear that they cover bans on the import or export of goods as well as the imposition of quotas. The concept of measures having equivalent effect is, however, unique, having no direct equivalent in the General Agreement on Tariffs and Trade or in any previous trade treaty. The scope of measures is not confined to governmental measures, although except in respect of the use of national industrial and commercial property rights Articles 28 to 30 are applicable only in respect of measures attributable to the State. It is now clear that damages may be claimed for loss suffered through breach of Articles 28 to 30.
State Monopolies of a Commercial Character
Authors: Gormley Laurence W
Published: November 2023

Separate provisions relating to state monopolies of a commercial character are included in the part of the EC Treaty dealing with the abolition of quantitative restrictions and measures having equivalent effect, in order to ensure that the effect of Articles 28 to 30 is not circumvented, in particular, by means of exclusive rights to import and export which could prevent the achievement of a single market under equal conditions of competition.
Customs Cooperation and Mutual Assistance
Authors: Gormley Laurence W
Published: November 2023

Two major instruments presently govern mutual assistance in the customs field: Council Regulation 515/97 deals with mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters; Council Directive 2008/55 deals with mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures. Both these measures contain provisions which are of major importance for individuals as well as for customs authorities and others. The current multiannual programme for customs in the Community (Customs 2013) is set out in European Parliament and Council Decision 624/2007.
Objectivity, Mistake and the Parol Evidence Rule
Authors: Stevens Robert
Published: November 2023

The majority decision of the House of Lords in Shogun Finance Ltd v Hudson has received extensive criticism from academics, with the conclusion reached in the minority speeches being almost universally preferred. The thesis which is put forward here is that the reasoning of the majority is unimpeachable, and that even if the policy objections of the minority, and others, were to be accepted, the correct vehicle for obtaining these goals is not the disruption of the settled rules of contract formation. There are two significant sources of confusion. First, within the law of contract the compromises the authors of textbooks are forced to make in dividing up the law for purposes of exposition can obscure the fact that many rules have the same principled basis.
Force Majeure Clauses: The Gap between Doctrine and Practice
Authors: Mckendrick Ewan
Published: November 2023

Contract terms tend to get a raw deal in textbooks on the law of contract. If they are mentioned at all, they are dismissed to the margins. Exclusion clauses are the exception which proves the rule. For some reason they tend to be treated relatively generously (in terms of space) in the books. By comparison, force majeure clauses fare rather badly. They are not mentioned at all in a number of contract textbooks and, where they are discussed, their discussion can be located in unusual places. For example, in Chitty on Contracts force majeure clauses are discussed in the chapter devoted to exemption clauses and not, as one might expect, in the chapter on the doctrine of frustration. It is rather surprising that the analysis of the doctrine of frustration in the books rarely makes any reference to force majeure clauses.
Retention of Title Clauses: A Question of Balance
Authors: Gullifer Louise
Published: November 2023

In a contract for sale of goods the use of a clause retaining title until payment is extremely widespread both in the commercial and the consumer context. The purpose of such clauses is clear: to provide the seller with a proprietary claim in the event of non-payment. These clauses therefore stand at the intersection of contract and property: although freedom of contract might dictate that the parties can agree any allocation of property rights they choose, such allocation affects third parties, and there might be policy reasons to restrict the parties’ freedom in order to balance the rights of the seller with those of other parties. This chapter examines the policy arguments involved in this balancing exercise, the techniques used to achieve the balance in various jurisdictions, and the possibilities of reform and harmonization in this area.
Introducing A Kerosene Tax: Attitudes Of European And Other Countries And New Legal Possibilities Of The Eu Energy Tax Directive
Authors: Schlegelmilch* Kai
Published: November 2023

International airspace (like international waters) constitutes a global common environmental good, the use and consumption of which does not fall under the jurisdiction of any national sovereign body.
The Case of Renewable Energy Sources in the European Union: Between Market Liberalization and Public Intervention
Authors: Soares* Claudia Dias
Published: November 2023

According to the International Energy Agency,1 the electricity market is one of the most promising fi elds for renewable energy development. Furthermore, energy policy is among the most relevant public policies for sustainable development. Therefore, regulatory policies in energy markets are touchstones in environmental strategies. These policies can work both as facilitators of environmental goals and as obstacles to such goals’ fulfi lment. Due to this interconnection and for the sake of policy coordination it is necessary to align objectives pursued and means used within each of the referred policies.
Australia’s Greenhouse Measures Provide the Answer to Reducing Greenhouse Gas Emissions-the Alternative to ‘Environmentally Related Taxes’?
Authors: Mortimore* Anna
Published: November 2023

The Australian government did not ratify the Kyoto Protocol Agreement on 16 February 2005, as not all major emitters signed the agreement,1 and it was not in Australia’s economic interest being one of the world’s leading nations in the exportation of energy resources. Even so, the Australian Government claims that every effort will be made to achieve the country’s Kyoto Protocol obligation of limiting its greenhouse gas emissions to 108 per cent of 1990 levels by 2008-12 from the implementation of its ‘greenhouse measures’.
Taxation of Energy-Related Risk Activities
Authors: Herrera Pedro M , Chico Pablo , Grau* Amparo
Published: November 2023

The concept of tolerance charges was introduced by German literature 1 and refers to levies paid as consideration for a licence authorizing legal but undesirable activities. Nevertheless, ‘tolerance’ may also refer to activities that are forbidden but not prosecuted; hence the preference in Latin-American literature for the term ‘nuisance or risk activity charges’.2 Moreover, in this area the differences between taxes and charges are not always clear cut. National legislators may place very similar levies on environmental risk activities, classing them, at their will, as taxes or charges.3
The Political Economy of Integrating Markets for Tradable Renewable Energy Credits: Lessons from the Swedish-Norwegian Case
Authors: Söderholm Patrik , Ek Kristina
Published: November 2023

An essential component of the European Union’s energy policy is the promotion of renewable energy sources in its Member countries. However, while the Renewable Energy Directive (Directive 2001/77/EC) outlines quantitative goals for the development of renewable energy in each country, it also provides substantial freedom on the parts of national governments to select the policy instruments needed to fulfi ll these goals. This has left the European landscape of renewable energy policy with a wide array of different support systems.1 Given the benefi ts of international coordination of energy markets and policies, there exists, though, a need to increase our knowledge of how disparate national systems can be integrated in ways that maintain both policy legitimacy and effectiveness.