bluuebunny/crossref_metadata_2025 huggingface dataset:
The Claimant And Alternative Remedies
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

Clinical negligence practice requires a particular combination of compassion, empathy, sensitivity, and tough-mindedness. A client who requests advice on a clinical negligence matter has suffered a distressing experience, either personally or because they have witnessed the suffering, or even death, of someone close to them. The belief that medical treatment has been inadequate is peculiarly disturbing, in that it may add loss of confidence and a sense of powerlessness to pre-existing worries about a health problem. Furthermore, a patient usually feels out of their depth when attempting to discuss these concerns with the health care professionals.
The First Interview
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

A pre-interview telephone conversation will make the best use of the practitioner’s and enquirer’s time. Ideally, the telephone discussion should be conducted by a practitioner with sufficient experience to establish that the case merits an interview and to weed out those cases that are hopelessly statute barred, where there is little or no financial value, or where there is no meaningful reason to believe that there has been a breach of duty. Most enquirers are looking for information in the first instance and are grateful to be given an explanation for reasons advising that there is no basis to take things further. Otherwise, the enquirer is entitled to be advised how to go about obtaining a second legal opinion if they wish to do so.
Risk Analysis
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

Unsuccessful cases are unprofitable for the business; uncertainty over the likely timescale to conclude cases and receive costs means that it is extremely difficult to make accurate costs projections. Clinical negligence practitioners become used to—or perhaps resigned to—working with these uncertainties, but that should not lead to the benefits of risk analysis procedures being overlooked. It is an accepted fact of life that in the great majority of clinical negligence cases it is difficult to assess the prospects of success with any degree of accuracy in the very early stages.
Medical Records
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The specific objectives of the Protocol are openness, timeliness, and awareness of options (2.2). When the claimant has considered his or her alternative courses of action and decided to pursue a claim for damages, there is an obligation to explore the merits of the claim as fully as possible before litigation is commenced. The question of alternative courses of action may re-emerge with the defendant’s letter of response. In the meantime, while it is inevitable that the claimant’s ability to fully comply may from time to time be restricted by short time limits, restricted funding, or the defendant’s own conduct, in most circumstances all the steps laid down in the Protocol should be followed before proceedings are commenced.
Letter Of Claim And Response
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

At the point that the claimant’s investigation has been completed, it should be borne in mind that in the majority of cases, the defendant will have no meaningful indication of the progress or direction of a potential claim beyond the small amount of information provided with the request for disclosure at the outset of the claimant’s investigation. Once the claimant’s investigation has reached the stage when a decision may be made on whether the claim will be pursued, the defendant should be notified if the claimant has decided against taking any further steps, or if the solicitor is no longer instructed, as provided in the Pre-Action Protocol for Resolution of Clinical Disputes (3.5(3)).
Instructing Counsel
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The first conference with counsel should be an important landmark in the life of a clinical negligence claim. It is an expensive exercise. The cost is justified if the conference moves the case on significantly. Ideally the conference should be a pivot that moves a potential claim to the point where the claim is ready to issue. To achieve this it is vital that you, counsel, and the experts prepare thoroughly for the conference. The following summary sets out a suggested format to help you achieve as much as possible from the first conference in a high value complex case. A modified approach more suitable to smaller cases is set out in 14.51 below.
Claim And Defence
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

There are no procedural factors that distinguish the process of issuing protective proceedings in clinical negligence claims from those employed in personal injury litigation. However, the situation carries more risk because the steps required to complete the preparation of the claim for service tend to be more complex. Consequently, there may be logistic and funding problems that are difficult to overcome. The claimant is likely to be highly anxious in this period and the solicitor will have the stressful responsibility of ensuring the necessary steps are taken within the four months before proceedings must be served.
Trial
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The Court will usually have ordered that bundles should be lodged at court at least seven days before trial. In any multi-track case with trial estimate of three days or more the preparation of bundles is likely to be a huge task. It is not simply a matter of including everything and getting the pagination chronological. The convenience and logic of the bundles can make a significant impact on the trial judge. Badly prepared bundles are an irritation to the judge and are unacceptable, they cause embarrassment to everybody on the claimant team.
Sexual Assaults
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

A sexual assault of a patient by a health care professional will always be a criminal offence. Legislation now deals separately with assaults by those in positions of trust. The Sexual Offences (Amendment) Act 2000 creates a specific and new offence of sexual activity by a person in a position of trust. This legislation is a further step in the growing recognition of the problems arising from sexual abuse. The potential for abuse of both adults and children placed in a vulnerable position with respect to abusers had not previously been sufficiently appreciated.
Other Areas Of Medical Law
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

This chapter touches briefly on three areas that fall outside of mainstream clinical negligence practice: health and safety regulations, Human Rights Act applications, and judicial review. These aspects of medical law are less commonly encountered and beyond the scope of this work. What follows is not a guide to the legal processes involved, but is a brief commentary intended to alert the reader to these aspects of the law which may be relevant to a client’s concerns. Health and safety legislation may provide a way forward in some hospital-based claims; the Human Rights Act elements may arise, although perhaps in fewer cases than may have been thought would be the case when the Act came into force.
Molecular distribution functions
Authors: Ben-Naim Arieh
Published: November 2023

In this chapter, we introduce the concepts of molecular distribution function (MDF), in one- and multicomponent systems. The MDFs are the fundamental ingredients in the modern molecular theories of liquids and liquid mixtures. As we shall see, these quantities convey local information on the densities, correlation between densities at two points (or more) in the system, etc. We start with detailed definitions of the singlet and the pair distribution functions. We then introduce the pair correlation function, a function which is the cornerstone in any molecular theory of liquids. Some of the salient features of these functions are illustrated both for one- and for multicomponent systems. Also, we introduce the concepts of the generalized molecular distribution functions. These were found useful in the application of the mixture model approach to liquid water and aqueous solutions. In this chapter, we shall not discuss the methods of obtaining information on molecular distribution functions. There are essentially three sources of information: analyzing and interpreting x-ray and neutron diffraction patterns; solving integral equations; and simulation of the behavior of liquids on a computer. Most of the illustrations for this chapter were done by solving the Percus–Yevick equation. This method, along with some comments on the numerical solution, are described in Appendices B–F.
Fictions and Floating Charges: Some Reflections On The House of Lords’ Decision In Spectrum
Authors: QC Gabriel Moss
Published: November 2023

In Jane Austin’s Emma, members of an outing of idle gentry are given the alternatives of saying ‘either one thing very clever …, or two things moderately clever or three things very dull indeed …’. Considering the clever points made in the other chapters of this book, it seems that my role is to point out three very dull things. I will therefore divide the remainder of this chapter into three parts.
The Characterization of Fixed and Floating Charges
Authors: Gullifer Louise , Payne Jennifer
Published: November 2023

A great deal of uncertainty surrounds the characterization of a charge as flxed or floating. This uncertainty remains even after the decision of the House of Lords in Re Spectrum Plus Ltd. Although their Lordships have provided some guidance in relation to charges over book debts in that case, uncertainties remain; for example, exactly what amounts to a blocked account is still unclear. This uncertainty is not insigniflcant as many important consequences flow from the characterization of a charge as flxed or floating, for the parties inter se and for third parties, both pre-insolvency and, more importantly, post-insolvency.
Spectrum—An end to the Conflict or the Signal for a New Campaign?
Authors: Frome Nicholas , Gibbons Kate
Published: November 2023

This chapter does not seek to re-flght the battle so decisively lost by the flnancing community in Re Spectrum Plus Ltd. All relevant arguments appear to have been marshalled and placed before their Lordships and there is no denying the completeness of a unanimous decision by a seven-strong House of Lords. While many insolvency and flnance lawyers may have been disappointed by the result, it could not be said to have come as any great surprise. Rather, the purpose of the chapter is to consider why the Spectrum decision and some of its antecedents are likely to remain highly relevant for practitioners at least until the boundaries of the Spectrum decision have been clarifled.
A Review of Brumark and Spectrum In An International Setting
Authors: Wood Philip R
Published: November 2023

This chapter will consider the decisions in Re Spectrum Plus Ltd and its fore- runner Brumark in an international context. Both of these decisions have created considerable controversy.

Brumark decided that, if a company can use the proceeds of its receivables to pay its operating expenses, then the charge on the receivables is a floating charge. This seems, on its face, technical and harmless. The subsequent House of Lords’ decision in Spectrum in 2005 was a mopping-up operation which merely con- flrmed this result on special facts. The key decision is Brumark. So the issue is whether the ratiflcation of Brumark in Spectrum is an issue.
The Debenture Holder’s Liability In Unjust Enrichment After Spectrum
Authors: Ho Look Chan
Published: November 2023

The declaratory theory of judicial decision has it that, when the judges state what the law is, their decisions have a retrospective effect. The retrospective effect of the House of Lords ruling in Re Spectrum Plus Ltd means that many charges previously characterized as flxed on the basis of Siebe Gorman & Co Ltd v Barclays Bank Ltd were in fact floating. Payments made in reliance on this characterization were payments made in reliance on a mistake of law. Charge holders who received such payments stand the risk of having to disgorge their receipt now.
The Economics of English Insolvency: Some Recent Developments
Authors: Franks Julian , Sussman Oren
Published: November 2023

Since debt is the workhorse of even the most sophisticated flnancial system and since insolvency procedure is the threat-point of the debt contract—upon which debt enforcement ultimately depends—insolvency procedures are among the most important institutions of capitalism. According to one measure—the amount of power or ‘protection’ allocated to the creditor—the institution varies signiflcantly across countries: England scores highest at 4, France scores 0 and the United States scores a mere. And yet, these economies have one thing in common: in all—and in most other countries—there is a widespread perception that the system is flawed and requires major reform.
Albania
Authors: Bica Jona
Published: November 2023

Albania, a former Communist regime with a centralized and inefficient economy, is currently striving hard to keep apace with economic development. Economic growth and the opportunity to break free from poverty depend on a dynamic business sector, unencumbered by corruption, red tape or needless legal restrictions. Today, the fastest growing sector of the economy is in the area of financial services. Although many of the divisions and sectors within the area of financial services are at an embryonic stage, the relevant regulatory framework has been in the process of development for some time. With the banking system much more stabilized, and an increasing number of foreign banks establishing a presence in Albania, confidence is growing and the market is beginning to open up to new financial products and instruments. Albania has worked towards deregulating the financial services sector to the extent that it will operate in line with international standards and follow the path of European Union (EU) countries. A new Albanian Financial Supervisory Authority (AFSA) was established in 2006 to govern the three financial areas of insurance, securities and certain non-banking financial services. The regulatory framework is being strengthened to support an increasingly diverse financial market.
Austria
Authors: Fabian Tibor
Published: November 2023

Austria has modernized its banking and capital market supervisory authorities in recent years partly out of necessity but also partly in order to keep pace with rising international standards. The most significant and noticeable change in Austrian banking and capital market supervision was the creation of the Financial Market Authority (FMA) which began operating in April 2002. With the primary objective of more efficient supervision, the FMA was assigned the responsibility of responding more rapidly to changing market conditions and legal requirements and enforcing its supervisory decisions more effectively in comparison to its predecessors. In striving to meet this goal, the FMA acts as an independent authority (to the farthest possible extent permissible by the Austrian Constitution). Such independence is a fundamental aspect of modern banking and capital market supervision and to this extent Austria has taken a significant step forward in preparing for the challenges of modern supervisory tasks.
Luxembourg
Authors: Wagner Henri , Nicolas Anne-Marie
Published: November 2023

The financial services sector is important for the Grand Duchy of Luxembourg (Luxembourg) and its economy. Financial services account for over 30% of Luxembourg’s GDP. It is the main pillar of Luxembourg’s economy and its banks hold about 40% of its total financial sector assets. Luxembourg has built up a substantial business in private banking. It is the second largest provider of private funds management services in the world, after the United States, and the largest provider of services to non-resident investors. Most banks are foreign-owned and have extensive foreign dealings and recent years have seen large multinationals set up headquarters in Luxembourg, having been lured by the favourable fiscal regime.
Macedonia
Authors: Ruben Ljubica
Published: November 2023

The Macedonian financial services industry is under the strict control and supervision of state bodies, in particular the Ministry of Finance and the National Bank of the Republic of Macedonia. The main characteristic of the Macedonian financial services market is its strict legal regulation. However, the aim is to liberalize the market, but there is a long way to go yet. The Macedonian securities market is still in the process of trying to make a breakthrough to attract foreign investors. Many economic, but also political factors have had a strong influence over the financial market in Macedonia. The further development and improvement of the financial market is imperative for Macedonia, as economic growth and development is crucial for any country. The Macedonian legal system is based on civil law traditions. It is very closely related to the continental legal system and under the influence of German law. The legal system in Macedonia is mainly regulated through legislation, but governmental institutions are also able to adopt secondary regulations to the legislation.
Norway
Authors: Lange Viggo , Sannes Knut Anders , Galtung Christian F
Published: November 2023

During the last two decades of the previous century, the Norwegian financial services industry experienced a period of significant development and modernization, as Norway went from the strongly regulated regime of a planned economy to a comparatively deregulated and market-oriented system. This modernization took place under the combined influence of the global tendency towards liberalization in general, and, in particular, Norway’s progressive alignment with successive European Union (EU) directives, culminating in the adoption of the whole of the EU’s acquis communautaire with the coming into force of the EEA Agreement on 1 January 1994. Although Norway is not a member of the EU, it is, through the EEA Agreement, a fully-fledged participant in the EU internal market (with the exception of the Agriculture and Fisheries sectors) and has implemented all of the EU directives in respect of financial services.
Slovak Republic
Authors: Bárta Ivo , Fuska Juraj , Pališin Michal , šatka L‘ubomír
Published: November 2023

The Slovak financial services industry, being one of the most important segments of the Slovak economy, has undergone major changes in the past twenty years. Such changes have resulted in major restructuring of the existing platforms for the provision of financial services in Slovakia as well as in creating new platforms for the provision of new financial products.
Sweden
Authors: Hammarskiöld Peder , Sundling Eva
Published: November 2023

The Swedish financial services industry has experienced significant developments during the last ten to twenty years. Liberalization of the markets has been the key factor and the Swedish financial market has gone from being one of the most regulated markets in Europe to being a deregulated and free financial market. Swedish securities markets have, during the same period, become very attractive markets for investors around the world. There are several reasons for this liberalization including political and economic factors, as well as national and international developments. Sweden’s entry into the European Union (EU) of course played an important role, but changes in the political view of the role of financial markets have also contributed to the liberalization.
Switzerland
Authors: Stahler Olivier , Poskriakov Fedor
Published: November 2023

The Swiss financial centre is characterized by a variety of factors, among others: stability and solidity, the quality of its services and infrastructure, the long tradition of banking and insurance and the competence of its staff, favourable legal conditions, moderate taxation, the traditionally stable Swiss franc and an efficient and consistent system of financial markets supervision. Overall, the Swiss financial sector is viewed as highly competitive and having sound monitoring structures. Over half of the value added is typically created by the traditional strength of the Swiss financial centre, ie asset management. Switzerland is a global leader in this hard-fought line of business. The securities holdings managed in custody accounts in the domestic banks amounted to more than CHF 4,300bn at the end of 2005; of which foreign customers accounted for a share of 59%. Of all assets held, around 34% came from private clients, 56% from institutional investors and 10% from commercial clients. If savings accounts, sight deposits and deposits on trust were also to be added to the securities holdings managed in bank accounts, then the amount of funds managed by Swiss banks at the end of 2005 reached a total of over CHF 5,900bn.
United Kingdom
Authors: Lamberton Eleanor , Hopper Martyn
Published: November 2023

London is one of the three main financial centres in the world. For example, it is a leading centre for foreign exchange trading, accounting for more than 30% of global turnover (more than New York and Tokyo combined). It is also the leading centre for euro trading (even though the UK is not in the euro zone), and is the biggest market in the world for derivatives traded over the counter, with a GBP 643bn daily turnover and a 43% global share. UK-based hedge fund managers manage nearly 80% of assets for all hedge fund managers based in Europe and around 25% of hedge fund assets worldwide. he London Stock Exchange (LSE) provides a large proportion of trading worldwide in many international equities, as well as in UK equities. London is also the second largest market worldwide (after Chicago) for exchange-traded futures and options. Euronext.Liffe is the world’s biggest electronic exchange and the major centre for euro money market derivative trading. It offers a wide range of financial futures and options contracts, as well as various commodity derivative contracts. Commodity trading also takes place on the London Metal Exchange (LME) and the Intercontinental Exchange ICE. Recent years have also seen exponential growth in capital raised on the Alternative Investment Market (AIM), from GBP 975.8m in 2002 to GBP 15,678.10m raised in 2006.
Australia
Authors: Jong Leigh De , Rubenstein Paul , Leibler Arnold Bloch
Published: November 2023

The principal authorities that regulate financial services in Australia, including banking, insurance, and securities activities, are as follows: the Australian Prudential Regulation Authority (APRA), a single prudential supervisor responsible for prudential supervision of banks, life and general insurance companies, superannuation funds, and other deposit-taking institutions (such as building societies, credit unions, and friendly societies); the Australian Securities and Investments Commission (ASIC), with responsibility for the general regulation of companies, financial services and financial markets and consumer protection across the financial services industry including financial services, financial products and markets; and the Reserve Bank of Australia (RBA), which is responsible for monetary policy, overall financial system stability, and regulation of the payments system. The Australian Competition and Consumer Commission (ACCC), while not directly involved in regulation of the financial services industry, regulates competition and fair trading and provides for consumer protection in the financial services marketplace.
China
Authors: Shen Will , Watkins Latham
Published: November 2023

The CBRC has powers to order banks to reform, alter or cease specific operations, and it can also revoke banking licences. In addition, the People’s Republic of China (PRC) law gives CBRC unambiguous enforcement powers and specifics a long list of infractions and non-compliance for which penalties, administrative punishments, and referral to criminal authorities can be meted out. The CSRC is empowered to supervise and administer participants in the securities industry including securities issuers, listed companies, securities exchanges, securities companies, securities registration and settlement institutions, securities investment funds management institutions, securities investment consultancy institutions, credit rating institutions and professionals. The CSRC is granted broad investigatory powers to enter the premises where illegal acts have been committed to investigate and obtain evidence, to question people, units and individuals involved in illegal acts, to check and duplicate records of securities transactions, financial accounts and other relevant documents and seal up and retain documents and materials, to check funds accounts and securities accounts of people involved in illegal acts, and apply to judicial institutions to freeze or to grant ‘injunctions’ where there is evidence that funds and securities are the subject matter of illegal acts which may be transferred or hidden.
India
Authors: Luthra Rajiv K
Published: November 2023

The regulatory authorities that regulate banking, insurance, and securities activities in India are as follows: Banking: India’s central bank, the Reserve Bank of India (RBI), regulates the banking activities, which is in addition to its principal function of formulating, implementing and monitoring the monetary policy and currency issuance. Furthermore, the RBI prescribes broad parameters of banking operations within which the banking and financial system (which includes most of the nonbanking finance companies) is required to function and also manages the Foreign Exchange Management Act, 1999 (FEMA) and the regulations framed thereunder. Insurance: The Insurance Regulatory and Development Authority (IRDA) regulates and promotes the orderly growth of the insurance and reinsurance sector in India. Its primary functions consist of issuing, renewing, or cancelling a certificate of registration for insurers and other intermediaries associated with insurance, protecting the interest of the policy holders, promoting efflciency in the insurance business and adjudicating disputes between insurers and intermediaries.
Japan
Authors: Marumo Akira , Pardinas Jane
Published: November 2023

The principal regulatory authority is the Financial Services Agency (FSA), which is responsible for ensuring the stability of Japan’s financial system, the protection of depositors, insurance policy holders and securities investors, and smooth finance through such measures as planning concerning the financial system, inspection and supervision of private sector financial institutions, and surveillance of securities transactions. The FSA has various offices through which it performs its functions. Among these offices are the Securities and Exchange Surveillance Commission (SESC), which ensures fair trading in securities and financial futures markets and maintains the confidence of investors in these markets, and the Certified Public Accountants and Auditing Oversight Board, which ensures reliable auditing.
Singapore
Authors: Wong Lucien , Mok Francis , Tiah Karen
Published: November 2023

The main financial regulator in Singapore is the Monetary Authority of Singapore (MAS), which acts as the central bank of Singapore as well as an integrated regulator responsible for the banking, insurance, securities, and financial services industry. Singapore currently has one approved securities exchange, Singapore Exchange Securities Trading Limited (SGX-ST), which has some regulatory functions with respect to compliance through its rules and the listing process, and one approved futures exchange, Singapore Exchange Derivatives Trading Limited (SGX-DT), which similarly has regulatory functions with respect to compliance with its rules.
Thailand
Authors: Hiranras Akaravudh , Sripaisal Wallop , Kritchanchai Narong
Published: November 2023

The banking activities are regulated by the Bank of Thailand (BOT), while the insurance activities are regulated by the Office of Insurance Commission and the securities activities are regulated by the Securities and Exchange Commission (SEC). All of these activities are under the supervision of the Ministry of Finance (MOF). Generally, the authorities have power to prescribe regulations for the banks, insurance companies, and securities companies to comply with. If they fail to comply with or rectify failure, the relevant authority may, among other things, order them to suspend the operation entirely or partially, and may eventually withdraw the licence or order the closure of the entity. In particular cases, they may be fined, if the violation is a criminal offence. The principal laws governing the banking and financial system are the Commercial Banking Act BE 2505, and the Act on the Undertaking of Finance Business, Securities Business and Credit Foncier Business BE 2522, both of which were already combined into one Act, the Financial Institution Business Act BE 2551 (FIBA). However, FIBA will not come into effect until 3 August 2008. Insurance activities are governed by the Life Insurance Act BE 2535 and the Casualty Insurance Act BE 2535. The Securities and Exchange Act BE 2535 governs all securities activities.
Vietnam
Authors: Johannsson Jan
Published: November 2023

The State Bank of Vietnam regulates all banking business. The Ministry of Finance is responsible for regulating insurance through the Insurance Department of the Ministry of Finance. The State Securities Commission (SSC) (which is under the control of the Ministry of Finance) is responsible for regulating the securities market in Vietnam. It is not yet clear to what extent the recently established National Finance Supervisory Council (NFSC) will exercise its potentially broad powers in the fields of banking, securities, and insurance (see para 16.105, below). Each of the above authorities has powers of inspection and the ability to impose a range of sanctions ranging from fines to suspension of a licence to operate in the relevant sector that they supervise. None of the above authorities has criminal jurisdiction, therefore the responsibility for investigating allegations of criminal activity in banking, securities, or insurance rests with the Vietnamese police.
Bahrain
Authors: Ross Timothy N
Published: November 2023

The entire financial services industry is regulated by the Central Bank of Bahrain (CBB) established by the Central Bank of Bahrain and Financial Institutions Law (Decree Law No. 64/2006) (the CBB Law). This comprises banking, insurance, and securities deals.
Kuwait
Authors: Ross Timothy N
Published: November 2023

All have the authority to withdraw licences and otherwise prohibit offending parties from doing business in Kuwait. The Public Prosecutor is responsible for addressing serious criminal conduct. There is a right of appeal to the Kuwait courts with respect to sanctions applied by the regulatory authorities and/or the Public Prosecutor.
United Arab Emirates
Authors: Ross Timothy N
Published: November 2023

Within the Dubai International Financial Centre (DIFC) the Dubai Financial Services Authority(DFSA) is responsible for the regulation of all financial services. This includes banking, insurance, and securities activities. Outside of the DIFC in the Emirate of Dubai and in the wider United Arab Emirates (UAE), regulation is divided between various organizations: the UAE Central Bank regulates the banking sector; the Securities and Commodities Authority (ESCA) oversees aspects of securities activities; and the Insurance Authority, a subsidiary organization of the Federal Ministry of Economy, has oversight responsibilities with respect to the insurance sector.
Fields
Authors: Cullerne John P , Machacek Anton
Published: November 2023

Our previous chapter was in two parts. The first part showed you how an acceleration would affect an object. The second part explained that forces could cause accelerations. A question was left unanswered, ‘What causes the forces?’. You may have also found it strange that one vital concept was completely missing from the whole chapter – nowhere was energy mentioned. It is time to set both of these deficiencies right, and the topic of fields is the best place in which to do it.
Oscillations And Waves
Authors: Cullerne John P , Machacek Anton
Published: November 2023

Two of the greatest frameworks in physics have already been described in this book. Classical mechanics predicts the general motion of any body (whether in straight lines or rotation), and the study of fields enables us to understand the interaction of different objects, and as such goes to the root of what physics is about. And yet, the story, if left there, would be incomplete even for a nineteenth-century physicist. Very often (especially in practical situations) fields conspire (through the principles of mechanics) to produce repeating patterns of motion. While these can be studied using the normal techniques of classical mechanics, special methods for describing them make life much simpler for the physicist or engineer.
Miscellany
Authors: Cullerne John P , Machacek Anton
Published: November 2023

Problems that require integration in physics are often difficult for beginners not because the integrals are so difficult (in fact the integrals themselves are usually quite easy), but because it takes a lot of practice to become comfortable with the process of translating the physical problem statement into the corresponding mathematical integral. This is called ‘setting up’ the integral. Let us use an example to illustrate the idea.
The Division of the Spoils
Authors: Bradley Richard
Published: November 2023

That Sensation Of Accord The category of ‘prehistoric’ art has seldom been de fined. It is a task that inhibits even the most confident writer. Consider this passage from one of the best books on the subject. The author is obviously uneasy about the relationship between Western art and ancient material culture, but, as he begins his account, he puts the problem from his mind: Art is a term too readily borrowed in archaeology to explain things from the far past that are not obviously utilitarian.
Notes from Underground
Authors: Bradley Richard
Published: November 2023

Megalithic Art: A Reader’s Guide This chapter provides a brief overview of two related phenomena: megalithictombs and megalithic art. Their relationship to one another will be considered in more detail in Chapters 4 and 5 (Figure 11). Megalithic art is the conventional term for the wide variety of painted and pecked designs associated with stone-built tombs. It is a well-known feature of the prehistoric archaeology of Western Europe (Shee Twohig 1981). The main regions where it occurs are in Spain and Portugal, the west and north of France, and Ireland, although a few additional examples are known in Orkney, Wales, and central Germany.
Ships on Bronzes: Ships on Stones
Authors: Bradley Richard
Published: November 2023

Part III of this book is concerned with the distinctive images created between about 1600 and 300 BC in Denmark, Sweden, and Norway. It is a study of how they were used and of the audiences who encountered them. These designs are particularly suited to this kind of analysis as they contrast in many different ways with the repertoire of megalithic art (Figure 44).
The Origin of Fire
Authors: Bradley Richard
Published: November 2023

In 1903, the Danish composer Carl Nielsen was on holiday in the Mediterranean. While he was staying in Athens, he completed one of his most famous works, the orchestral overture Helios. Nielsen explained that the music evoked the sun rising out of the sea and travelling across the sky before it set. The piece has a special significance more than a century after it was written, for it is performed on Danish radio to mark the beginning of a new year. It seems that even now the passage of the sun is an important event.
The Structure and Function of Medicines Regulation in Europe
Authors: Feldschreiber Peter , Breckenridge Sir Alasdair
Published: November 2023

This describes all the ingredients of modern-day regulatory legislation, including the need for public endorsement of safety and efficacy, a written code of the description of safety and efficacy together with information for both the prescriber and patient for the safe use of a medicine. It even refers to the ‘Bolam’ approach to professional practice2 and the ‘regulatory defence’ in cases of defective products!
Compliance and Enforcement in the UK
Authors: Feldschreiber Dr Peter
Published: November 2023

This chapter discusses the role of the MHRA in ensuring compliance with the medicines legislation by all those involved in the manufacture and supply of medicines on the UK market. The Inspection and Standards Division of the MHRA is responsible for ensuring compliance with the manufacturing and quality standards for medicines on the UK market. The Division licenses and inspects all UK manufacturers of pharmaceutical products, wholesale dealers, and importers of medicines and toxicology laboratories.
Public Law Liability
Authors: Mulcahy Leigh-Ann
Published: November 2023

This chapter addresses various issues which arise in relation to public law liability associated with the regulation and use of medicines, including the bodies that might potentially be subject to public law obligations, the practice and procedure for bringing a public law claim, and specific instances of public law and human rights liability that might arise in the medicines context.
General Product Safety Law
Authors: Asif Jalil
Published: November 2023

The Council of Ministers having adopted the Product Liability Directive10 in 1984, in 1992 the EU followed this with a General Product Safety Directive11 which sought to introduce a community-wide obligation to ensure the safety of consumer products. The ostensible rationale for the first General Product Safety Directive was the harmonization of national laws and thereby the removal of barriers to trade and distortions to competition within the EU. However, the 1992 Directive was found to be unsatisfactory in a number of respects, and the review of its operation required as one of the terms of the Directive led to proposals for significant revision.
Practical Aspects of Healthcare Product Liability Litigation
Authors: Acratopulo Julian , McConnell Dr Alexandra
Published: November 2023

There has been a shift in the landscape for healthcare product liability litigation in recent years. Intensifying media scrutiny of the pharmaceutical industry generally and, in particular, on risks associated with drugs,1 combined with a new scope for regulatory investigations and fines for non-compliance,2 procedural refinements within the EU facilitating group litigation, and the influx of the US plaintiffbar to the UK mean that there is significant potential scope for pharmaceutical litigation.
The limits of constitutionalism in the Muslim world: History and identity in Islamic law
Authors: Emon Anver M
Published: November 2023

In the fields of constitutional law and human rights, protection from discrimination on religious grounds is a significant concern. Constitutions around the world protect religious liberty and conscience, as do various human rights documents. However, sometimes these same constitutions have limiting phrases that also raise human rights concerns. For example, constitutions in the Muslim world, while protecting religious freedom and conscience, also state that no law can violate Shari’a principles. If one defines Shari’a to include the historical tradition that discriminated on religious grounds, a conflict arises between upholding Shari’a and protecting religious freedom.
Recognition without empowerment: Minorities in a democratic South Africa
Authors: Murray Christina , Simeon Richard
Published: November 2023

The new democratic South Africa, the result of the transition in the early 1990s from the minority-dominated apartheid regime to a democratic “non-racial” and “non-sexist” regime, has proudly proclaimed itself to be a “rainbow” nation, united in its diversity. These words encapsulate the victory of the African National Congress (ANC), for which a non-racial South Africa was a central aspiration. But many observers of the transition have thought that managing diversity would be a fundamental challenge to the new nation.
Restructuring Taxes To Sustain Our Twenty-First Century Civilization
Authors: Brown2 Lester R
Published: November 2023

Our global economy is outgrowing the capacity of the earth to support it, moving our early twenty-first century civilization ever closer to decline and possible collapse. In our preoccupation with quarterly earnings reports and year-to-year economic growth, we have lost sight of how large the human enterprise has become relative to the earth’s resources. A century ago, annual growth in the world economy was measured in billions of dollars. Today it is measured in trillions.
Gradual Introduction Of Coercive Instruments In Climate Policy
Authors: Thalmann Philippe , Baranzini1 Andrea
Published: November 2023

Although the literature has demonstrated at length that carbon taxes are an effective and efficient instrument for meeting an emissions reduction target, their implementation proves extremely difficult. In addition, those countries that managed to introduce a carbon tax set it at ineffective low levels and/or exempted large parts of the economy and of the emitters (see for example, Baranzini et al., 2000). However, when exemptions are granted in exchange for equivalent abatement commitments, effectiveness can still be obtained. Such combinations of a carbon tax with voluntary approaches (VAs) can achieve acceptance. Acceptance is the key problem of carbon taxes. This chapter is about acceptance building, ie devising a mechanism for the gradual preparation of the population and the economy in order to implement a carbon tax. It draws on experiences in Switzerland, where voluntary approaches were combined with a carbon dioxide (CO2) tax. Several aspects make the Swiss approach interesting. First, Switzerland is characterized by a high level of direct democracy. For instance, the electorate voted several times on fuel and energy taxes. A first draft of the CO2 Law, which provided for an unconditional tax, was completely redrafted after wide consultation, and the final draft was subject to voluntary referendum, but this popular right was not used, indicating a potentially relatively large acceptance of the CO2 Law.
Economic Instruments In Australia—The Path Ahead
Authors: Burton1 Dr Mark
Published: November 2023

The recent Australasian experience with respect to the introduction of economic instruments presents a bleak picture—the proposal for an energy tax in New Zealand was abandoned at the last hurdle, while in Australia such a proposal has not even been taken seriously.2 What is surprising about this is that the Australian public consistently express concern regarding the environment in opinion surveys.3 In the light of such evidence, it is easy to adopt a conspiracy theory akin to that propounded by public choice theory 4—interest groups buy political support for legislative programmes which are contrary to the public interest. Thus, Hamilton identifies the ‘greenhouse mafia’ and their access to the highest levels of the Australian government.5 Similarly, institutional theory suggests that interest groups and government form fluid strategic alliances which advance their respective interests in a dynamic public policy environment in which a myopic public is disengaged.6 Certainly, such accounts have sufficient truth in them to seem plausible, Tom De Lay and Jack Abramoff 7 being just two examples of public choice theory achieving some descriptive accuracy.
New Instruments On Old Turf: The Institutional Challenges Of Environmental Taxation
Authors: Miln1 Janet E
Published: November 2023

When the environmental movement started in the United States, the federal government turned first and foremost to regulatory regimes, such as the Clean Water Act2 and the Clean Air Act.3 For the last three decades, however, the United States has also used its federal tax code to pursue environmental goals. In 1978, Congress created the tax on gas-guzzling cars.4 In 1980, it designed excise taxes on chemicals to help finance the Superfund.5 In 1989, it enacted an excise tax on ozone-depleting chemicals.6 In recent years, it has increasingly used tax expenditures to encourage environmentally beneficial behaviour. The Energy Policy Act of 2005,7 for example, created or expanded numerous tax incentives to promote the use of alternative energy and to encourage energy conservation.8 In fiscal year 2006 alone, far more than US$4 billion in tax incentives for environmentallyrelated behaviour flowed through the tax code9—the equivalent of more than half of the US$7.6 billion annual budget for the Environmental Protection Agency (EPA).10 Environmental taxation is a hybrid discipline, combining both environmental policy and tax policy, yet tax matters are clearly in the hands of tax authorities. The tax measures mentioned above fall under the primary jurisdiction of the taxwriting committees in Congress, the Department of Treasury (Treasury) and Treasury’s Internal Revenue Service (IRS), not the environmental committees, the EPA, or the Department of Energy. The tax committees are setting environmental policy and the tax agents are administering it, bringing new environmental instruments onto the old tax turf.
Coordinating Energy Taxes With The EU Emission Trading System
Authors: Soares* Claudia Dias
Published: November 2023

The regulatory framework that governs the production and consumption of energy in the European Union is based on Council Directive (EC) 2003/96 which deals with the taxation of energy products,1 and Council Directive (EC) 2003/87 which establishes a scheme for greenhouse gas emissions trading within the Community.2 The simultaneous application of these Directives raises potential problems both for the energy sector and energy-intensive industry. The cumulative implementation of both instruments was made politically feasible by the absence of an effective energy taxation regime for energy-intensive companies. The stringent implementation of these regulatory regimes is, however, giving rise to emerging problems. The potential regulatory overlap should be addressed through general guidelines. However, the Community environmental state aid guidelines (2001/C 37/03) do not specifically address this problem. At the time these guidelines (hereinafter ‘Community Guidelines’) were adopted (2001), the Emission Trading Directive (EC) 2003/86 had not yet been adopted. Consequently, they do not contain explicit provisions for a state aid assessment of tax exemptions specifically given to installations within the trading scheme.
The Political Economy Of Taxes And Emissions Trading In Australia’s Climate Change Policies
Authors: Ashiabor Hope , Blazey Patricia , Connors Ben
Published: November 2023

Australia has been on the horns of a dilemma in fashioning a robust policy response to the threat of global warming. The irony is that such a response is in its interests as several reports have highlighted the fact that it is particularly vulnerable to rising temperatures, as it contains the largest desert region in the southern hemisphere, with 70 per cent of its land mass being arid or semi-arid.2 Four factors have been responsible for this dilemma. First, it is a net exporter of energy—indeed it is the fourth largest exporter of coal in the world, and has about 40 per cent of the world’s uranium reserves, which also accounts for its second largest energy export, and substantial reserves of natural gas—supplying an estimated 8 per cent of the world’s liquefied natural gas.3 In terms of oil production, whilst this has been on the decline over the years, making it a net importer of crude oil, its domestic reserves still account for about a third of its energy supplies. Secondly, in global terms, Australia accounts for 1.5 per cent of the world’s greenhouse gas