bluuebunny/crossref_metadata_2025_split huggingface dataset:
Buying Social Justice?
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter explores the pros and cons of the use of procurement linkages to advance status equality, from an economic and political perspective initially. It considers arguments for and against linkage. It argues that whether one considers procurement linkages beneficial or not depends on how procurement linkages work out in practice, but that the potential for benefits to accrue from such linkages is worth experimentation and engagement.
Contract Compliance in the United States and Canada
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter discusses the development of procurement linkage as a tool for tackling employment discrimination based on race, beginning in the United States during the Second World War, and continuing during the 1950s and 1960s, mutating into a mechanism for securing affirmative action. It traces the development of this approach up to the early 1990s. The expansion of this approach to cover other groups in the United States is then considered, in particular the use of procurement to encourage the development of access by disabled workers to information technology. The chapter also examines the development of a type of procurement linkage in Canada that mirrors that of the United States: schemes that link the award of government contracts with attempts to secure ‘employment equity’ in employment for various groups, referred to as ‘contract compliance’. It is shown how the International Labour Organization (ILO) has adopted this contract compliance approach.
Procurement Linkages and the 2003 Legislative Reforms: aModus Vivendiin Sight?
Authors: McCrudden Christopher 
Published: January 2009

AbstractChapter 12 and 13 showed that significant developments affected the political and legal context of public procurement linkages from the early 1990s. Chapter 13 showed how some Member States revised their approaches to equality linkages in partial response to these changes. Chapter 12 also showed that one of the significant changes in the context of European procurement law and policy was the greater legal clarity regarding the extent to which such linkages were legally permissible, arising from decisions of the European Court of Justice (ECJ), and legislative reforms in 2003. This chapter discusses the history of these legislative reforms.
EC Public Procurement Law and Equality Linkages: Foundations for Interpretation
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they apply to procurement linkages, paying particular attention to the procurement directives adopted in 2003. Topics covered include EU status equality law, procurement law, equal treatment in Community law, freedom of contract, and limits of procurement directives.
Experiences from Professional Practice: Some Steps towards Empirical Research
Authors: Prechal Sacha , Senden Linda , van Roermund Bert , Vandamme Thomas 
Published: January 2009

Abstract
The Binding Unity and Divergent Concepts in EU Law project sought to establish the scope of the phenomenon of ‘conceptual divergence’ by gathering data from the daily practice and personal experience of legal professionals involved in European law. This chapter presents an account of the response to a questionnaire: how conceptual divergence is detected, perceived, and dealt with in legal practice, and how it is evaluated in the long run. According to some respondents, conceptual divergence may occur in relation to concepts such as ne bis in idem, or ‘penalty’ and ‘sanction’ (terms that are used interchangeably in EU law, much to the confusion of Dutch lawyers to whom they mean different things). Others are ‘detention’, ‘confiscation’ (a term that in Dutch legal language triggers the question of whether it is to be translated as verbeurdverklaring or onttrekking aan het verkeer) and, again, the concept of ‘goods’.
Translation at the Court of Justice of the European Communities
Authors: Mulders Leo 
Published: January 2009

Abstract
This chapter focuses on the practical aspects of translation in order to make the various actors in the legal profession more aware of the intervention of translation in the judicial process and of the possible consequences of this intervention. To some extent the judicial decisions of the Court of Justice are produced by translators as far as the form/language is concerned, although the content is obviously decided by the Court. In reading these decisions, one therefore has to be able to identify the specific linguistic aspects. The language regime at the Court, the function of the translators (lawyer linguists), the translation service, and the translation process are described. Some of the problems encountered during translation are discussed. One of the topics of the project — discretion — is analyzed from the point of view of a translator. Finally, conclusions will be drawn for the various legal actors.
Rights in EU Law
Authors: Beljin Saša 
Published: January 2009

Abstract
This chapter investigates the notion of EU rights, starting with a glance at the historical development of rights. This constitutes the starting point for discussions on the relationship between rights and judicial protection, on the differences between rights and interests, as well as on the basic characteristics and determination of EU rights. It argues that the EU model can bear similarities to certain aspects of established Member State models and can unite various elements from different national concepts. Insights into the national concepts are a starting point. However, an exploration of the concept of EU rights must go beyond this and should lead to an autonomous understanding. Apart from that, the significance of the national systems in the development of a concept of EU rights is limited to them being a mechanism of implementation that is subordinated to EU law.
On Discretion
Authors: Caranta Roberto 
Published: January 2009

Abstract
This chapter examines discretion in European legal systems. It reviews the modes of judicial review of discretion in Germany, France, Italy, and England. Recent cases suggest a new readiness on the part of Community Courts to review more stringently the decisions taken by Community institutions. However, as novel as these judgments may be, they are still very unstructured from the point of view of the analysis of discretion. Community Courts still pay lip-service to supposedly broad discretion; they do not distinguish between different types or degrees of discretionary decision as most national courts do. This leaves plenty of doubt as to whether and to what extent review has changed.
Discretion, Divergence, and Unity
Authors: Brand Michiel 
Published: January 2009

Abstract
This chapter examines some of the main points and characteristics associated with discretion. In particular, it attempts to lay bare the relations of discretion with conceptual divergence and, ultimately, how this may relate to the attainment or stimulation of unity within a legal system. It argues that discretion is a concept that relates strongly to divergence, subsidiarity, and decentralization. It could therefore be held that the granting of discretion from above by the ECJ often involves the sustenance as well as the creation of divergence, in many cases for the sake of upholding the unity of the EU system.
Conceptual Divergence, Functionalism, and the Economics of Convergence
Authors: Chirico Filomena , Larouche Pierre 
Published: January 2009

Abstract
This chapter takes a broader perspective on the issues of convergence and divergence between legal systems. It examines why different legal systems diverge. It illustrates that the basic proposition that the existing state of affairs is not fortuitous and will usually turn out to be in equilibrium: in other words, that it is the outcome of various forces. The chapter then touches upon methodology: what divergence is and how it can be detected. This section is not so much concerned with economic analysis of the law, but rather with the methodology of comparative law. It illustrates a more general proposition arising from any multidisciplinary approach to the law, namely that it is crucial that the law be seen in a broader context, i.e., one that includes both the policy choices underlying it and its practical outcome. The chapter explains under what conditions divergence should be seen as a problem, and explores possible solutions.
Vagueness and Degrees of Truth
Authors: Smith Nicholas J. J. 
Published: January 2009

AbstractThis book argues that an adequate account of vagueness must involve degrees of truth. The basic idea of degrees of truth is that while some sentences are true and some are false, others possess intermediate truth values: they are truer than the false sentences, but not as true as the true ones. This idea is immediately appealing in the context of vagueness — yet it has fallen on hard times in the philosophical literature, with existing degree-theoretic treatments of vagueness facing apparently insuperable objections. The book seeks to turn the tide in favour of a degree-theoretic treatment of vagueness, by motivating and defending the basic idea that truth can come in degrees, by arguing that no theory of vagueness that does not countenance degrees of truth can be correct, and by developing a new degree-theoretic treatment of vagueness — fuzzy plurivaluationism — that solves the problems plaguing earlier degree theories.
Introduction
Authors: Smith Nicholas J. J. 
Published: January 2009

AbstractThis introductory chapter begins with a discussion of the use of the term ‘vague’ in philosophy. It presents three characteristics of vague predicates: they give rise to borderline cases; their extensions have blurry boundaries; and they generate Sorites paradoxes. It then explains the goal of studying of vagueness, which is gain an account of the semantics of vague predicates — an account of what the meaning of such a predicate consists in, and of how (if at all) it differs from the meaning of a precise predicate. An overview of the subsequent chapters is presented.
Accommodating Vagueness
Authors: Smith Nicholas J. J. 
Published: January 2009

AbstractThis chapter shows that only those theories of vagueness that countenance degrees of truth can allow for the existence of predicates that satisfy the Closeness definition. More precisely, it argues that given the existence of a Sorites series for the predicate F, there is no way to accommodate the claim that F conforms to Closeness without accepting the idea that truth comes in degrees. The upshot is that there is a need for a theory of vagueness that countenances degrees of truth — provided, of course, that vagueness is correctly defined in terms of Closeness. The chapter provides the positive argument in favour of the latter claim in the previous chapter. It concludes the case for Closeness by providing negative arguments to the effect that alternative definitions which might be proposed as its replacement do not share its advantages.
Changing Institutional and Regulatory Frameworks for Job Intermediation
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola 
Published: January 2009

AbstractThis chapter begins by postulating the key suggestions that there is a visible trend towards the ‘marketization’ of employment services. By that is meant a process leading towards the ‘semi-privatization’ and the ‘economization’ of their organization, activities, and actual service delivery. This process is composed of a series of observable trends and in particular (i) private employment services increasingly perceived as providers of a public service; (ii) public employment services activities increasingly confined to the placement of the ‘hard-to-place’; (iii) private employment services increasingly specialising in ‘upmarket’ ‘facilitative’ intermediation; but also (iv) private employment services expanding in ‘transactive’ (and often ‘multilateral’) intermediation of middle/low skill manual and clerical labour. The investigation suggests that the latest evolutionary trend in this development consists in (v) private employment services acting as outsourced operators of public employment services or Governments for the ‘hard-to-place’, as suggested by the Employment Zones experiment in the UK.
Conclusion
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola 
Published: January 2009

AbstractThis concluding chapter suggests that the three initial hypotheses are broadly vindicated by the findings of the research. The ‘public to private’ shift can be adequately addressed by reference to the concept of ‘regulatory semi-privatization’ while the move from ‘social to economic’ regulation is best exemplified by the concept of ‘Economization’ of public services. However, the initially postulated hypothesis of a progressive marginalization of national regulation to the advantage of supranational regulation clearly requires some qualifications and conceptual refinements. The findings suggest that national regulation's loss of monopoly does not quite amount to a ‘federal centralization’ but can be seen from the viewpoint of regulation by selective reflexivity, a concept that is further explored and defined. The final question however can only be whether the conclusions are extensible across the whole range of public services and the notions of ‘differential extensibility’ and ‘embeddedness’ show to be useful tools to this end.
The Fair and Equitable Treatment Standard in the International Law of Foreign Investment
Authors: Tudor Ioana 
Published: January 2009

Abstract
This book starts by exploring the classical sources of international law as possible sources for the Fair and Equitable Treatment (FET) standard. On the basis of an empirical study of 365 Bilateral Investment Treaties and of the existing regional and multilateral investment agreements, it finds that there is no uniformity among the drafting formulations of FET clauses, which means that the wording of each FET clause has to be carefully analysed. The book also argues that the FET standard is not part of the International Minimum Standard, but that it is an independent standard which became customary. Then the book looks at the nature of FET, that of being a standard, and retains that there are three direct consequences for its meaning: an absence of fixed content, flexibility, and an evolutionary character. Since it is not possible to give a fixed content to FET, the book further develops on the role of the arbitrator in establishing the threshold at which the FET will be applied in each one of the cases in front of him, and in the various situations in which the FET standard has already been applied on the basis of a thorough analysis of the existing case law. Finally, the book argues that, while a breach of the FET has to be established exclusively by looking at the behaviour of the State, the amount of compensation has to be calculated by taking into account also the behaviour of the investor and any special situations in which the State may find itself.
Preparation Phases For A Successful FET Based Claim
Authors: Tudor Ioana 
Published: January 2009

Abstract
This chapter is directly aimed at arbitrators and to the Parties' counsels who have the duty to prepare memorials for their clients in an investment case. It contains the basic information that a claim should contain in order to have greater chances of being accepted and successful in front of a tribunal, and also an overview of the main characteristics of the claimants' and defendants' approach to FET. The second part of the chapter establishes a four-step methodology for the treatment of FET claims that should allow arbitrators to examine such claims in a progressive and ordered manner, taking into account all relevant elements at a specific stage of the procedure.
Coda—Enforcement of FET Standard
Authors: Tudor Ioana 
Published: January 2009

Abstract
This final section of the book concerns the events taking place once the award on the breach of the FET standard is dispatched to the parties by the arbitrators. Two alternative scenarios are analysed: the first one concerns the situation where one of the parties submits a demand for the annulment of the award on the legal grounds available in front of each arbitration forum; the second situation concerns the case where there is no annulment procedure and the award becomes final. It is argued that in both cases, once the award is finalised, the compensation amount established by the arbitral tribunal is always subject to negotiations between the parties, and that the mere fact of having a final award does not always result, in practice, in the automatic payment of the amount established by the award.
Six Paths to Vertigo-free Legal Theory
Authors: Delacroix Sylvie 
Published: January 2009

Abstract
Legal theorists dread a particular kind of vertigo, commonly striking those who, looking for some solid ground on which to base their evaluative outlook, find nothing but a congruence of seemingly random subjectivities. If there is nothing to our moral commitments but a contingent balance of interests and desires, how can the law ever stand on firm ground when it has to refer to such commitments in order to settle controversial cases? No one expressed this vertiginous feeling more candidly than Montaigne. His critique of the natural law model was inaugural not only in the challenge it raised but also, most remarkably, in the strategy deployed to recoil from it. This chapter discusses six ways of avoiding the vertigo described above, starting with Montaigne's ‘mystical move’.
Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology
Authors: Oberdiek John , Patterson Dennis 
Published: January 2009

Abstract
Analytic general jurisprudence has become increasingly attentive to its own methodology in recent years. No longer content with its traditional first-order questions revolving around the varieties, commitments, and defensibility of legal positivism, the discipline of jurisprudence has raised a second-order methodological question: How should one do jurisprudence? This chapter introduces the methodology debate, draws attention to the merits and shortcomings of various positions already staked out, and contributes to the debate by defending the claims that moral evaluation has a modest role in analysing the concept of law and that conceptual analysis, or rather, many of its incarnations, is defensible and indeed inescapable in jurisprudence.
The Moral is: States Make Laws
Authors: Harrison Ross 
Published: January 2009

Abstract
This chapter argues that we may gain some insight into the nature of law by appreciating that it is a purposive activity, and that it is states that in the first instance have these purposes. By asking what the purposes of states are (why have states; could states be made better?), we get more grip on what the purpose of law is. It then addresses the following question: Why have states? It argues that there is a moral reason for there being law-making states because it assists one in achieving moral goals. Starting with one's individual moral, rather than self-interested, reasons, the state is used as an indirect means of achieving them.
Criminal Responsibility and Public Reason
Authors: Duff RA , Marshall SE 
Published: January 2009

Abstract
This chapter begins with a conception of the criminal trial as the forum in which criminal responsibility is formally and publicly actualized, and with an explication of the idea of responsibility as answerability on which that conception depends. It then provides an account of criminal responsibility as a matter of being answerable to our fellow citizens for the public wrongs that we commit — a ‘public’ wrong being a wrong that properly concerns all citizens simply by virtue of their shared membership of the polity. The kind of public reason on which such answerability depends is discussed.
Protest and Punishment: The Dialogue between Civil Disobedients and the Law
Authors: Brownlee Kimberley 
Published: January 2009

Abstract
This chapter examines the nature of the moral dialogue which purportedly occurs between disobedients and the law as well as the kinds of responses that a genuine dialogue would permit from each party. It argues that the justified response by each to the other cannot be determined solely on the basis of deserved censure. To be justified in communicating censure through punishment or through civil disobedience, authorities and dissenters respectively must not simply have good grounds for condemnation and a legitimate motivation, but also accommodate concerns of charity or good will, restoration, and the prevention of further wrongdoing. The chapter concludes by examining some ways in which the analogy between lawful punishment and civil disobedience might break down.
‘Honour to the Victors!’
Authors: Edele Mark 
Published: January 2009

Abstract
This chapter explores the evidence for each of two popular views about Soviet veterans after the war: as victims and as victors. It shows that it is impossible to think of veterans as one united group as far as their social trajectory is concerned. There was a minority in the Communist Party, in institutions of higher education, and in administration, who clearly moved up in the world. In most cases, however, this was a continuation of prewar patterns of social mobility, not a change triggered by the war. For the majority of veterans, the return to civilian life meant a return to a similar social position as before the war and it is impossible to find a clear pattern of mobility of former soldiers as a group.
1 Features of recent transitions
Authors: del Castillo Graciana 
Published: January 2009

Abstract
Despite some common features, each war-to-peace transition is distinct, owing to the specific interplay of a number of factors. These include the circumstances in which conflict or chaos began — for example, internal strife, regional conflict, ethnic rivalries, or control over natural resources — and whether peace was reached through negotiation or through military intervention. Other factors include the extent of international financial and technical assistance, and the number of international troops and police that the country could obtain, given its strategic or regional importance vis-à-vis donors and troop-contributors. This chapter also analyzes the move from the military-civilian UN-led operations in the 1990s — Namibia, Cambodia, El Salvador, Mozambique, Guatemala, and Haiti — to the mid-1990s when human tragedies in Rwanda, Bosnia, and Kosovo led to military interventions with UN support. Following September 11, the United States led military interventions in Afghanistan and Iraq, with the UN's role clearly diminishing and becoming secondary.
5 The multilateral framework for international assistance
Authors: del Castillo Graciana 
Published: January 2009

Abstract
This chapter presents the large number of actors involved in post-conflict economic reconstruction and focuses on the key role played by the UN and the international financial institutions (IFIs). The chapter discusses the UN operational capacity, critically analyzes past reforms, and proposes institutional arrangements and expertise the UN lacks and which are essential to deal effectively with economic reconstruction. The chapter also discusses the policy advice and technical assistance provided by the Bretton Woods Institutions (the International Monetary Fund and the World Bank) to help post-conflict countries to set up their macro- and micro-economic framework and establish market-based policies and institutions. The chapter makes a critical evaluation of these institutions' role in financing reconstruction through their own institutional financial arrangements and through catalyzing financing from other donors. The chapter analyzes the relationship between the UN and the IFIs during reconstruction, as well as the cooperation and coordination among the UNDG.