bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Definition of Measures Having Equivalent Effect
Authors: Gormley Laurence W 
Published: January 2009

Abstract
This chapter examines the definition of measures having equivalent effect. It shows how dynamic Community law is; on the one hand there are clear signs of continuity and consistency, on the other hand those of change, reassessment and new developments. The free movement of goods remains, as with developments in the other freedoms and in Union citizenship, a dynamic and far-reaching area of Community law. The free movement of goods — and in particular the definition of measures having equivalent effect — is a fitting subject for study in the light of the theme: Continuity and Change.
The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?
Authors: Edwards Vanessa , Farmer Paul 
Published: January 2009

Abstract
Abuse of rights is a doctrine known to many legal systems. Its status varies. In Community law, it appears to serve as a principle of construction. Provisions of Community primary or secondary law are to be interpreted as permitting or requiring the denial of a right where, although the formal conditions laid down are met, the exercise of the right would be abusive. The Community rights in question may derive from the Treaty or from a regulation or directive. They may be denied by national authorities under domestic trading, professional or other regulations, domestic abuse of law provisions or Community regulations. This chapter considers aspects of the doctrine in the context of companies' right of establishment under Articles 43 and 48 EC.
The European Court, the Brussels Convention/Regulation and the Establishment of an Efficient System for International Litigation in Europe
Authors: Hartley Trevor C 
Published: January 2009

Abstract
The main objective of the Brussels Convention/Regulation is to attain the maximum level of recognition of judgments within the Community. In particular, the aim is to eliminate the need for any jurisdictional test to be applied by the court asked to recognize and enforce a judgment from another Member State. This chapter considers the way in which the European Court has interpreted the Brussels Convention, and to question whether some of its judgments pay sufficient attention to the necessity of establishing an efficient system for international litigation in the Community.
Peace Agreement Legal Form
Authors: Bell Christine 
Published: January 2009

AbstractThis chapter examines choices over what legal form to frame a peace agreement in and the ways in which framers attempt to circumvent the limitations of positive law categories. In particular, the discussion demonstrates how the mismatch between the positive law requirements of form and peace agreement obligations has promoted innovation in legal form. It is argued that even when peace agreements are fashioned in clear legal form, their distinctiveness from other documents in the relevant legal category gives them more similarities to each other than to the agreements whose legal category they share. While peace agreements are sometimes framed as treaties or international agreements, sometimes as constitutions, and sometimes as domestic legislation they have common features deriving from their mix of state and nonstate parties which give them distinctive features from other documents in the category, and point towards peace agreements being a distinct category of document.
The New Law of Third Party Enforcement
Authors: Bell Christine 
Published: January 2009

AbstractThe third area of the peace agreement practice that international law can claim to regulate is their role for third parties. Third party roles in implementing peace agreements straddle different functions: enforcing the deal, mediating its development, and administering the transitional regime. This chapter argues that third party peace agreement implementation faces a lack of fit with traditional notions of when and how international law authorises third party involvement in intrastate conflict, and when and how it provides for third party accountability vis-à-vis local populations. As with previous chapters and the other branches of the ‘new law’, this lack of fit has driven innovation that is reshaping the governing international law. This is a story of norm-production as lack fit forces a renarration of how the law must be reinterpreted so as to apply post agreement.
The Subject's Point of View
Authors: Farkas Katalin 
Published: January 2009

AbstractThis book defends a conception of the mind that is inspired by some of Descartes's writings. The crucial feature of the Cartesian view defended is not dualism — which is not adopted here — but internalism about the mind. Internalism is opposed to the widely accepted thesis of externalism, which states that some mental features constitutively depend on features of our physical and social environment. In contrast, this book defends the minority internalist view that the mind is autonomous with respect to its environment: although it is obviously influenced by things in the environment, this influence is merely contingent and does not delimit what is thinkable in principle. The first part of the book argues that privileged accessibility is the mark of the mental, and that this thesis is strongly tied to criteria of personhood. The second part argues that internalism is best formulated as the thesis that mental features are determined by the phenomenal properties of our conscious mental life, and that the externalist denial of this thesis is incompatible with privileged self-knowledge. Hence, externalism is in conflict with the conception of the mind and personhood defended in the first part of the book. Supporters of the externalist view often present their theory as the most thoroughgoing criticism of the Cartesian conception of the mind; this book answers these criticisms and argues for an uncompromising internalist Cartesian theory of the mind.
Reputation and Defamation
Authors: McNamara Lawrence 
Published: January 2009

AbstractThe first study of what reputation is, how it functions, and how it is and should be protected under the law, Reputation and Defamation addresses the inconsistencies and failures of the common law that have been observed for over a century. It develops a theory of reputation and uses it to analyse, evaluate and propose a revision of the law. Using the concept of reputation as the vehicle for a study of the history and theory of libel, slander and honour it becomes apparent that, contrary to the legal orthodoxy, defamation law did not aim and function to protect reputation until the early 19th century. Consequently, the historically derived tests for what is defamatory do not always protect reputation adequately or appropriately. The ‘shun and avoid’ and ‘ridicule’ tests should be discarded. The principal ‘lowering the estimation’ test is more appropriate but needs re-working. Christian tradition and Victorian moralism are embedded in the idea of ‘the right-thinking person’ that provides the test's conceptual foundations, but these are problematic in an era of moral diversity. Instead, ‘the right-thinking person’ should be associated with an inclusive liberal premise of equal moral worth and a shared commitment to moral diversity; any departure from this must be justified on sound, expressly stated ethical grounds. That demand serves to protect reputation appropriately and effectively in an age of moral diversity.
Conclusion: Re-thinking the Tests for What is Defamatory
Authors: McNamara Lawrence 
Published: January 2009

AbstractThe question this study set out to answer was: if reputation is the interest to be protected by defamation law then what should be the test(s) for what is defamatory? The stated aim was to fill a gap in the common law by providing a principled, theoretically coherent statement of law regarding what is defamatory. This chapter proposes a new legal framework that aims to meet that goal. Only the principal test for what is defamatory should be retained because it is the only one that meaningfully protects reputation. However, the common law should dispose of the traditional, exclusive presumptions that form the content of ‘the right-thinking person’ and instead use inclusive presumptions that are premised upon an acceptance of equal moral worth. Any displacement of these presumptions should be controversial. A departure from the commitment to equal moral worth should be made only with great care and caution.
Evolution of the Government Procurement Agreement Model and Procurement Linkages
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter examines the original negotiations in the OECD that paved the way for the development of the GPA. These negotiations took place against a background of domestic use of procurement linkages. The chapter looks at the negotiation of state-specific exceptions as part of the accession negotiations. It considers the United States' negotiations at the time of joining the 1979 WTO GPA, and then the Canadian approach to accession to the 1994 GPA, then considers the approach that the GPA itself took to such linkages.
Expansion of Equality Linkages in the Member States
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter examines how, at the level of the Community and in Member States, advantage has been taken of this greater policy space to develop procurement linkages specifically addressing equal status issues. Also, during the 1990s and early 2000s, there was a significant growth of EC social legislation, and equal status legislation in particular. The chapter traces these developments, focusing on the growth of interest in procurement linkages in Italy, Spain, Austria, Belgium, Sweden, Denmark, the Netherlands, and the United Kingdom. With the expansion of equal status policy, both Member States and Community institutions saw status equality as a matter of Community interest, leading to an understanding that methods of enforcement of status equality law adopted by Member States, such as procurement linkages, supported Community law. The stronger the Community interest in status equality, the stronger the claim that procurement linkages designed to further status equality should be seen as acceptable to the Community institutions.
European Public Procurement Law and Equality Linkages: Government as Consumer, Government as Regulator
Authors: McCrudden Christopher 
Published: January 2009

AbstractChapter 16 discussed three fundamental aspects of Community law relating to procurement: the importance of equal treatment as a basis of both EC status equality and procurement law, the overall limits to the procurement directives provided by the Treaty, and the importance of the subject matter of the contract. This chapter examines the detailed provisions of the directives. The first section of the chapter considers the implementation of the directives where equal status is part of the subject matter of the contract. In this context, government is acting as a consumer, buying social justice. The second section considers various provisions of the directives that permit procurement linkages irrespective of whether equal status is part of the subject matter of the contract. In this context, government is acting as a regulator, requiring social justice.
Reconciling Social and Economic Approaches to Public Procurement
Authors: McCrudden Christopher 
Published: January 2009

AbstractThis chapter brings together information on the empirical effects of domestic procurement linkages in those jurisdictions considered in the earlier parts of the book: the United States, Malaysia, Canada, South Africa, and the EC. It shows that in some jurisdictions, particularly Canada and the United States, there have been sustained attempts to identify the effects of different types of procurement linkages, but that in many jurisdictions there has been relatively little empirical research conducted, thus rendering judgments of proportionality more difficult in the interpretative legal context, as well as reducing the extent to which public policy decisions on whether or not to adopt procurement linkages can be evidence-based. The chapter also reflects on the main themes of the book and presents some conclusions.
Protection of Rights: How Far?
Authors: Prechal Sacha 
Published: January 2009

Abstract
This chapter examines the protection of rights in EC law. It begins by briefly sketching the context of the debate about rights. It then addresses the protective scope of relevant provisions. It is shown that Community law is still in search of a coherent and clear approach to the role and range of the protective scope of the rules concerned. Finally, the chapter reflects on how this debate could or should evolve in the future, and how legal scholarship could contribute to this.
Stability and Flexibility in Administrative Decision Making: The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law
Authors: Ruffert Matthias 
Published: January 2009

Abstract
This chapter examines administrative law in Germany. It begins with a discussion of the so-called Europeanization of administrative law. It then discusses how stability and flexibility in administrative decision making under German administrative law are influenced by different approaches in European Community law. Unifying tendencies are considered but remaining or even newly occurring divergence at the conceptual level is also highlighted.
Who's Afraid of Degrees of Truth?
Authors: Smith Nicholas J. J. 
Published: January 2009

AbstractThis chapter considers objections to the fuzzy view of vagueness in particular, and to degree-theoretic treatments of vagueness in general. These objections are that the very idea of truth coming in degrees is in some way confused or mistaken; that fuzzy theory involves an objectionable violation of classical logic; that degrees of truth cannot be integrated with key developments elsewhere in philosophy of language, outside the study of vagueness; that degree theories which treat the logical connectives as truth functions cannot account for ordinary usage of, and/or intuitions about the truth and/or assertibility of, compound sentences about borderline cases; and that denying bivalence leads to contradiction.
Worldly Vagueness and Semantic Indeterminacy
Authors: Smith Nicholas J. J. 
Published: January 2009

AbstractThis chapter continues the examination begun in the previous chapter of objections to the fuzzy view of vagueness in particular, and to degree theoretic treatments of vagueness in general. It covers the major remaining objections to the fuzzy view: the problems of artificial precision and sharp boundaries. In response, a new version of the fuzzy view is proposed, called fuzzy plurivaluationism, which combines fuzzy models with semantic indeterminacy of the sort involved in plurivaluationism. The chapter concludes that fuzzy plurivaluationism is the correct theory of vagueness, on the grounds that, first, it is a degree theory — and so satisfies the positive requirement on a theory of vagueness — and, second, it withstands all known objections to degree theories.
Employment Services as a Public Service
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola 
Published: January 2009

AbstractThis chapter provides a historical and comparative examination of employment services in the light of their ‘public service’ nature and vocation as developed through the 20th century. It also provides a reasoned taxonomy of the various activities and functions performed by public employment services in Europe, and in particular of job-intermediation, unemployment benefit management, skills formation, the provision of active labour market policies, and the management of ‘making work pay’ initiatives. This is followed by an analysis of the various modes by which PES have been providing their services, ranging from public monopoly arrangements to public-private coexistence systems, to market and quasi-market systems. It is argued that in recent years, and particularly with the demise of monopolistic regimes, the role of private employment services as providers of employment services has been bolstered just as the relevance of PES has progressively faced a decline and reconfiguration.
Making Work Pay and ‘Employment Friendly Wages’
Authors: Freedland Mark , Craig Paul , Jacqueson Catherine , Kountouris Nicola 
Published: January 2009

AbstractThis chapter shifts the focus on a recently emerged, but already well established, activity performed by PES, that is to say the delivery of making work pay (MWP) policies. A key argument of the chapter is that these policies — whether in the form of working tax credits, subsidised personal work contracts, statutory minimum wages, or tax and social security rebates for employers hiring long term unemployed workers — have the dual function of rendering wages and labour costs more attractive for, respectively, unemployed workers and businesses. It is highlighted how the emergence of these policies is strictly intertwined with the development of more workfare oriented ALMPs, working as the carrot accompanying the stick provided by active labour market policies.
The FET Standard, Part of the Body of General International Law
Authors: Tudor Ioana 
Published: January 2009

Abstract
This chapter enquires whether the FET standard has acquired a customary character, and whether it is a general principle of law. On the first point, it argues that the FET standard is not part of the International Minimum Standard, but that it is an independent standard that has become customary, performing the two elements of theory, namely State practice and opinion juris. On the second point, the conclusion as to the FET being a general principle of law is more cautious. States that have only recently been active in the field of foreign investment have not all incorporated FET in their domestic systems, though FET content is already incorporated in the majority of domestic legislative systems. The chapter concludes that with time, FET will certainly confirm its character of a general principle of law.
The Concept of Standard and its Application to the FET
Authors: Tudor Ioana 
Published: January 2009

Abstract
This chapter is dedicated to the notion of standard, and to its application to the FET. The first part of the chapter offers a survey of the standard legal doctrine created in the 1920s, and offers a series of definitions of the standard from a variety of sources. It then argues that the standard is composed of two elements: an objective element formed by its normative character and a subjective element constituted by its application to concrete cases. These two elements are carefully analysed in the specific case of the FET, with specific references to the concepts of fairness, equity, and to the role of the arbitrator in the application of FET. Finally, the direct consequence of being a standard in the case of FET is that of its flexibility, lack of a fixed content, and the important role played by the arbitrator.
Objectivity and Value: Legal Arguments and the Fallibility of Judges
Authors: Guest Stephen 
Published: January 2009

Abstract
This chapter begins with a discussion of the nature of truth, the sociology and objectivity of value, moral judgements as skill, social practices and objectivity, and objectivity in law. It then analyses some recent comments made by Lord Bingham, the senior law lord and former Chief Justice of England, who claimed that there are no right answers to legal questions. It is argued that he, and others who share his view, are wrong. This is partly because they underestimate the vitality in the assumption that their ultimate judgements might be fallible, and because they do not sufficiently appreciate how legal argument is a different skill from rhetoric, where ‘being correct’ is of little, if any, importance.
Becoming a Civilian
Authors: Edele Mark 
Published: January 2009

Abstract
This chapter explores the fragility of veterans' networks in the immediate postwar decade and the alternatives to this continuation of the ‘frontline brotherhood’. Soon, the family, networks of friends and reciprocal exchange (blat), as well as patronage–clientage became more important in the struggle for survival than connections to frontline buddies. As many of these institutions were centred around women, and most veterans were men, the return to civilian life had a distinctly gendered dimension to it. The chapter also explores the role in the transition to civilian life of phenomena the regime would have preferred to decree out of existence. The second economy, for example, proved central to the overcoming of many material difficulties. Religion and religious communities remained central to civilian life, despite the long‐standing hostility of the Soviet state to such ‘obscurantism’. They took over important commemorative and welfare functions and eased the transition to civilian life.
Entitlement Community
Authors: Edele Mark 
Published: January 2009

Abstract
Like elsewhere, organized veterans were a minority among returned soldiers. The vast majority was not part of an organized veterans' movement and for most of the postwar years they did not have a special legal status. This chapter challenges the notion that, therefore, veterans did not exist as a group. Indeed, most veterans shared a sense of entitlement, an expectation of special treatment, which they voiced frequently ever since the war. This shared sense of entitlement triggered similar behaviour in particular situations which makes it possible to talk of Soviet veterans as an ‘entitlement community’. This chapter traces the history of entitlement and privilege of former soldiers from the 19th century to the end of the 20th.
Afterword
Authors: Edele Mark 
Published: January 2009

Abstract
The Afterword argues that the organized veterans were only the core of a movement, which was structured in concentric circles of decreasing commitment and lessening organizational connectedness. Among the core of the functionaries of the Soviet Committee of War Veterans rotated a circle of activists who were not officially members of the organization (there was no mass membership until the 1980s), but could be called upon to perform tasks when needed. They were surrounded, again, by other old soldiers, who were less active, but saw themselves as veterans and would display this self‐image at ritual occasions. Finally, the broad mass of war survivors were part of the movement, because their sense that wartime sacrifice gave them a right to a better life made them part of the entitlement community. The Afterword also sketches what happened to the veterans' movement after the breakdown of the Soviet Union.
4 Basic premises for policymaking
Authors: del Castillo Graciana 
Published: January 2009

Abstract
This chapter argues that a strategy for post-conflict economic reconstruction should rest on six basic premises. Although closely interrelated, these premises may have different implications for policymaking. Adherence to them would have greatly facilitated ‘peacebuilding’ and ‘state-building’ efforts and improved their chances of success. Premise 1 states that the transition to peace is a development-plus challenge because of the extra activities required. Premise 2 states that, should the objectives of peace and development come into conflict, the political objective should prevail at all times. Premise 3 states that lack of government legitimacy will limit policymaking choices in reconstruction. Premise 4 states that, given the primacy of the political objective, a different yardstick is necessary to measure success. Premise 5 states that the UN should lead reconstruction, although development and regional organizations should play a best-supporting role. Finally, Premise 6 states that the economic framework for reconstruction should be simple and flexible.