bluuebunny/crossref_metadata_2025_split huggingface dataset:
Conclusion
Authors: Chung Jae Ho 
Published: November 2023

Abstract
So long as the functioning of the state entails services provided by the territorial units of administration, the central and local governments are inevitably placed in structurally induced dilemmas between general and particular interests. Decentralization may be adopted when the centre recognizes the deleterious long-term effects of central dominance that has indiscriminately sacrificed local interests. The operational effects of decentralization are indeterminate, however, as the centre may often manifest resilient bureaucratic inertia by holding on to the tight control over local behaviour. Furthermore, contrary to our presumption that localities would maximally exploit the discretion granted by decentralization, local implementors are usually much more judicious and prudent. Hence, the operational effects of decentralization become more diluted than we usually take for granted.
Planning and Communicating Using Stories
Authors: Shaw Gordon G 
Published: November 2023

Abstract
Every culture has used stories to pass on the past to newer members. Some cultures had no written language and used past stories to save their history and values. For example, writing did not exist for the New Zealand Maoris, or other Polynesian cultures, until the Christian missionaries set about reducing their language to written form. The narrative was their only option other than petroglyphs. Many corporate cultures such as 3M and Hewlett- Packard have used stories to explain the importance of innovation to the corporation. Lessons are learned from these stories, such as when 3M scientists kept their new product ideas alive even when counter to their superior’s orders. At Hewlett-Packard they tell stories of their most famous entrepreneurs, Bill and Dave. Personally, I collected a group of our stories at 3M and published them so that they would not be lost (Shaw 1998).
Lessons from Silicon Valley: Governance in a Global City-Region
Authors: Henton Douglas 
Published: November 2023

Abstract
Who governs in the global city-region? What governance institutions are most appropriate for the new economy? This chapter addresses these questions by examining lessons from Silicon Valley, a global city-region that has become the world’s leading new economy. This innovative region has helped to pioneer the information age and may now be ready to demonstrate new governance insti tutions for the new economy. As the economy has changed, so has the governance of Silicon Valley. A com mitment to laissez-faire in the early days of the Valley gave way to business-led models of governance in the 1970s as the region began to address quality of life issues. Global competition and the end of the Cold War in the late 1980s led to new models of business-government-community collaboration. The Internet has promoted networking as a form of regional governance. Joint Venture: Silicon Valley Network has become a model of network governance for the new eco nomy. Lessons from Silicon Valley should be useful to other regions searching for new governance institutions more appropriate to the new century.
State Succession In Respect Of Treaties
Authors: Arthur Watts 
Published: November 2023

Abstract
The geopolitical framework of the international community is unstable. States disintegrate and several new States come into being where previously there was just one; or States merge, resulting in one State where previously there were two or more; or States lose part of their territories to other States, so that the former become smaller and the latter larger; and so on. Each of these changes raises legal questions as to the continued applicability (or otherwise) of the rights and obligations of the original States, and whether and to what extent they in some way pass to the new States which have emerged from the changes which have taken place. It is this bundle of variable political circumstances coupled with complex patterns of legal relationships which are dealt with under the heading of State succession.
Most-Favoured-Nation Clauses
Authors: Kcmg,Qc Sir Arthur Watts 
Published: November 2023

Abstract
The law of treaties has long been a well-established branch of international law (see Chapter 8), and most-favoured-nation clauses (‘m.f n. clauses’) are almost by definition provisions typically included in treaties. It might therefore seem somewhat surprising that special consideration needs to be given to these particular clauses, rather than leaving them to be applied in accordance with the general law of treaties.
State Immunity
Authors: Kcmg,Qc Sir Arthur Watts 
Published: November 2023

Abstract
The immunity of States from the jurisdiction of other States is a well-established principle of international law, although certain crucial aspects of the principle have been both controversial and the subject of significant evolution during the twentieth century.
The origins of the principle are to be found in notions of the sovereignty of States, and the corollary that, if States are sovereign, and if all sovereign States are equal with one another, no other State may exercise jurisdiction over them: the principle was dignified by the Latin maxim par in parent non habet imperium. Additional underpinning for the principle is sometimes seen in considerations of the dignity of States, and their sovereign independence.
Access to Justice as a Human Right: The European Convention and the European Union
Authors: Harlow Carol 
Published: November 2023

Abstract
A Eurobarometer poll taken in 1997 records that more than 90 per cent of European citizens polled put equality before the law among rights to be respected at all times, while more than 80 per cent believed in a right to legal protection against discrimination. In sharp contrast, only 66 per cent thought the right to vote should be respected under all circumstances.’ This finding is somewhat surprising. Procedural rights of due process in the context of criminal trials and police action are more likely than not to be denigrated by the media, while the legal profession is certainly not used to a position at the head of the popularity stakes. One might then have expected that the principle of equality before the law would seem less fundamental to non-lawyers than those substantive human rights-the right to life, in Article of the European Convention on Human Rights (ECHR), or not to be tortured in Article ECHR, for example-which figure towards the top of the European Convention. Indeed, it might seem natural to categorize the latter as ‘first order’ rights, demoting procedural rights to the ‘second order’. Lawyers would, however, certainly contest this ranking.
Human Rights and Civil Society
Authors: Decaux Emmanuel 
Published: November 2023

Abstract
Human rights concern us all. The European Union is not just a framework of institutions or the area confining a fragmented European citizenship. It is strange how the very meaning of the word ‘community’ seems gradually to have become a platitude, although it was at the heart of the founding fathers’ project. As the heading of one of the chapters of his political writings, Robert Schuman wrote: ‘[r]ather than a military alliance or an economic entity, Europe must be first and foremost a cultural community in the loftiest sense of the word’. It is this cultural community that we must regain if the building of Europe is to achieve its full significance.
Introduction
Authors: Kennett W A 
Published: November 2023

Abstract
The European Council held a special meeting on 15 and 16 October 1999 in Tampere on the creation of an area of freedom, security and justice in the European Union. A high profile was given to the creation of a common asylum and immigration policy and the development of European institutions for tackling transnational crime. The Presidency conclusions also contain important policy objectives in the area of civil procedure, and in particular access to justice and the trans frontier enforcement of judgments.1 Under the heading ‘Mutual recognition of judicial decisions’ the conclusions contain the following statements:
The European Convention for the Prevention of Torture and the European Convention on Human Rights
Authors: PEUKERT WOLFGANG 
Published: November 2023

Abstract
The European Convention for the Prevention of Torture (ECPT) and the European Convention on Human Rights (ECHR) are intended to complement each other. The ECPT does not set out any new standards but is designed to reinforce the protection of persons deprived of their liberty from torture or inhuman and degrading punishment or treatment. Whereas the ECHR establishes machinery that responds to complaints from either states or individuals claiming to be the victims of a violation of Article 3 of the ECHR and results in a judicial determination, the ECPT establishes the CPT, which is a non-judicial body whose work is of a preventive nature and is focused upon the production of reports based on visits to Contracting Parties.
A Critical Review of the CPT’s Visit to Hungary
Authors: Kover Agnes 
Published: November 2023

Abstract
Hungary joined the Council of Europe in November 1990. It ratified the ECHR in November 1992 and the ECPT in November 1993. In accordance with Article 19(2) of the ECPT, that Convention entered into force for Hungary on 1 March 1994 and the CPT undertook its first periodic visit from 1-14 November 1994. The visit report was adopted in mid-June 1995 and transmitted to the Hungarian authorities early in July 1995. The report was published, along with a series of ‘Comments’ on the report, on 1 February 1996, that is, some fifteen months after the visit.1 The undated ‘Interim Response’ was published on 18 April 1996.2 No further material has yet been made available.
The Law of Money and Financial Services in the EC
Authors: Usher J A 
Published: November 2023

Abstract
This book relates the development of economic and monetary union in the EC to the development of the single market for financial services. The new edition fully reflects the institutional and legal consequences of the achievement of economic and monetary union in 1999, while taking account also of the continuing flow of Community legislation and case-law in the area of financial services. The transparency resulting from monetary union has shown problems of taxation to be a barrier to market integration, and this is reflected in a new Chapter. On the other hand, this an area in which variable geometry has become a legal reality, and this also is reflected in a new Chapter of the book.
Money in the context of the EC Treaty
Authors: Usher J A 
Published: November 2023

Abstract
The Treaty on European Union signed at Maastricht made detailed and complex amendments and additions to the EC Treaty for the purpose of creating Economic and Monetary Union. By contrast, the Treaty of Amsterdam, signed in 1997 and entering into force in May 1999,just after the start of the third stage of Economic and Monetary Union, did not amend any of the provisions relating to Economic and Monetary Union. There were, however, contemporaneous important non-Treaty developments, notably the enactment of Council Regulation 1103/971 on certain provisions relating to the introduction of the euro. The term ‘euro’ is nowhere to be found in the EC Treaty, but at the meeting of the European Council in Madrid on 15 and 16 December 1995, the decision was taken that the term ‘ECU’ used by the Treaty to refer to the European currency unit was a generic term, and the Governments of the fifteen Member States reached a common agreement that this decision was ‘the agreed and definitive interpretation of the relevant Treaty provisions’ and that the name of the European currency should be the ‘euro’. Thus, without changing the Treaty, the Treaty term was changed.
Cross-border financial services: the Treaty rules
Authors: Usher J A 
Published: November 2023

Abstract
The extent to which an undertaking operating in the financial services sector in one Member State may develop a business presence or sell its financial products in other Member States involves the EC Treaty rules on free movement of persons and freedom to provide services. Before its judgment in the German insurance case,1 the Court seems generally to have avoided drawing a clear distinction between the Treaty terms free movement of workers, freedom of establishment, and freedom to provide services. However, it is suggested that there is little that is specific to fo1ancial service institutions with regard to the free movement of workers,2 although employees sent by their employer into another Men1ber State to help perform a contract there or to sell their employer’s financial products appear to fall within the scope of the freedom to provide services rather than that of the free movement of workers.3
The development of monetary union
Authors: Usher J A 
Published: November 2023

Abstract
The notion of creating monetary union within the European Community has a long history. In December 1969, at the end of the original transitional period, a meeting of Heads of State or Government (now known as the European Council) decided that a plan should be drawn up with a view to creating an economic and monetary union,1 and in March 1970 a committee was set up under the chairmanship of the Luxembourg Prime Minister, M. Werner, to draw up a report on the basic issues by the end of May. This Report2 reached the fundamental conclusion, repeated by the Delors Committee in 1989,3 that in an economic and monetary union ‘the Community currencies will be assured of total and irreversible mutual convertibility free from fluctuations in rates and with immutable parity rates, or preferably they will be replaced by a sole Community currency’.
The ‘ins’ and the ‘outs’
Authors: Usher J A 
Published: November 2023

Abstract
With hindsight, it can be seen that the Maastricht Treaty introduced two different forms of flexibility or differentiated integration. The Social Protocol took the form of permission by all the Member States to a group of Member States to use Community institutions and legislation, which can be seen as the precursor of the general provisions on ‘closer co-operation’ in the Amsterdam Treaty. On the other hand, the provisions on Economic and Monetary Union provide for some Member States to receive opt-outs or derogations from binding Treaty obligations, and thus provide the model for the new Title of the EC Treaty on visas, asylum, and immigration introduced by the An1sterdam Treaty. In the case of Monetary Union, the situation arises not just from the special treatment accorded to the UK and Denmark by special Protocols, but also from the fact that it was appreciated that not all Member States would meet the strict criteria for economic convergence laid down as the precondition for participation in the monetary union; such States are referred to as ‘Member States with a derogation’.1 The EMU provisions are also different in nature from the general provisions on closer co-operation in that under art. 11(1)(a) of the EC Treaty, closer co-operation must not concern areas which fall within the exclusive competence of the Community. On the other hand, in the third stage of economic and monetary union, matters such as monetary policy and exchange-rate policy have become areas where those participating in a single currency cannot have divergent national policies and which may be regarded as a matter of exclusive Community competence irrespective of the number of Community rules introduced. Indeed, art. 4(2) expressly states that there shall be a ‘single’ monetary policy. It is also suggested that here, as in the fisheries sector once the deadline for the introduction of the common fisheries policy had expired,2 participating Member States will be regarded as acting as agents of the Community: a situation effectively institutionalized in the European System of Central Banks. Intriguingly, however, it has become a matter of exclusive competence only for those who participate.
External monetary relations and influences
Authors: Usher J A 
Published: November 2023

Abstract
In the modern world the Community cannot be treated in isolation in respect of monetary policy. Although many of the amendments to the EEC Treaty effected by the Single European Act were intended to facilitate the completion of the internal market by the end of 1992, a more outward–looking view is discernible in the amendment of art. 70(1) of the EEC Treaty by the Single European Act. This enabled the Council to enact legislation concerning the movement of capital to and from non-Member States by a qualified majority, except in so far as such measures might constitute a step backwards from the existing level of liberalization, in which case unanimity would be required.
Lord Goff’s Contribution to the Law of Restitution
Authors: Jones Gareth 
Published: November 2023

Abstract
Robert Goff’s career has been a remarkable one: a distinguished academic record, culminating in a Tutorial Fellowship at Lincoln College Oxford, 1951-55; a successful practice at the commercial Bar; a judge of the High Court, 1975-82; a Lord Justice of Appeal, 1982-86; and from 1986 to September 1998 a Lord of Appeal in Ordinary—and last, but not least, a jurist of distinction. Although most of his professional life has been spent in King’s Bench Walk and in the courts, he has kept abreast of academic writing and has frequently expressed his indebtedness to the contributions of jurists, while retaining a characteristically independent vision.
Perfection of Security Interests
Authors: Ali Pau 
Published: November 2023

Abstract
Perfection refers to the steps that must be taken, generally in addition to those required for the attachment of a security interest, to assure the priority position of a security interest. While the requirements for the attachment of a security interest are substantially similar in England and Wales, Australia, Canada and New Zealand, the concept of perfection that applies in the first two jurisdictions differs markedly from that recognised in the last two.
Cross-Border Security Interests
Authors: Ali Pau 
Published: November 2023

Abstract
The UNCITRAL and UNIDROIT Draft Conventions are, broadly speaking, designed to displace the domestic law of the contracting States applicable to cross border or international interests subsisting in specific types of property where the grantor of the interest is located in a contracting State. Although the two Draft Conventions are still in draft form, the current versions of each convention are far removed from preliminary drafts. Accordingly, it is possible to discuss, with some confidence, the nature of the regimes being proposed by UNCITRAL and UNIDROIT.
Regulatory Competition in the US Federal System: Banking and Financial Services
Authors: Macey Jonathan R 
Published: November 2023

Abstract
In this chapter, I will discuss the concept of federalism in the banking and financial services sectors from the narrow, and rather peculiar, way that the term ‘federalism’ is used to describe the contemporary federalist system of government in the United States. As I have observed before, federalism generally describes ‘the complex relationship between the states and the federal government’ (Macey 1990: 265). In principle, federalism ‘restricts economic policymaking via limits on the discretion of government’ (Weingast 1995: 3; Oates 1972; Tiebout 1956: 416-24). A properly functioning system of federalism appears to be highly correlated with economic success. As Barry Weingast (1995: 3) has observed, for much of the world’s history over the past 300 years ‘the richest nation on earth has had a federalist structure’.1
Regulatory Competition for EU Financial Services
Authors: Hertig Gérard 
Published: November 2023

Abstract
The European Union could be caricatured both as a regulatory colossus of world wide stature and as an entity that is more or less irrelevant in the area of banking and financial services, its choices being dictated by either global international organizations or powerful member states. As always, there are some elements of truth in the caricature. However, it would be wrong to pay too much attention to the regulatory status of the European Union as it is perceived today. In the first place, the European Union has recently undertaken many institutional and regulatory reforms that are only now beginning to have a practical impact. Second, the financial services1 industry is being fundamentally reshaped, due to the globalization of world trade, technological development, and increased competition.
Young Persons, Criminal Proceedings and Open Justice—A Comparative Perspective
Authors: Cram* Ian 
Published: November 2023

Abstract
In recent years, media freedom to identify children and young persons involved in criminal proceedings has been both enlarged and diminished. On the one hand, the media have benefited from the acceptance by Parliament and the judges of the notion that certain classes of young offenders should be publicly identified. To this end, amendments to section 49 of the Children and Young Persons Act 1933 (the 1933 Act) inserted by the Crime Sentences Act 1997 allow for restrictions on the identification of a child/young person convicted of an offence in the Youth Court to be lifted where ‘a court is satisfied that it is in the public interest to do so’. Guidance from the Home Office and Lord Chancellor’s Department has stated that the intention behind this provision is to allow a young person to be named upon conviction either where a serious offence has been committed or where the offending is of a persistent nature or has impacted on a number of people in the community.
International Developments in Copyright Law 1998–9
Authors: Coulthard Janine 
Published: November 2023

Abstract
The main action on the international copyright scene in the last eighteen months or so has centred around the European Commission’s proposal for a directive on the harmonization of certain aspects of copyright and related rights in the information society. Neither the World Intellectual Property Organization (‘WIPO’) Copyright Treaty (the ‘WCT’) nor the WIPO Performances and Phonograms Treaty (the ‘WPPT’), both concluded in Geneva on 20 December 1996, has yet entered into force; WIPO hopes to achieve this by 2001 or 2002. WIPO is also working towards the adoption of new instruments and treaties in respect of the protection of (i) audio-visual performances; (ii) the rights of broadcasting organizations; and (iii) databases.
The Client Service Chain
Authors: Susskind Richard 
Published: November 2023

Abstract
In Chapter 1, I said I would introduce two models to help explain and clarify, in practical terms, the way in which the Internet is transforming legal practice. The first model, which was the focus of the previous chapter, was The Grid. The second model, to which I now turn, is what I term the ‘Client Service Chain’. With these two models to hand, I hope lawyers will be able to think in a more structured and systematic way about the way in which the law, legal institutions, and legal services are being transformed by information technology. I also seek to go further in this chapter, in two ways. First, I try to explain the way in which ‘disruptive technologies’ are shaping the new legal economy; with new players (especially the global accounting firms) poised to capture a considerable share of the legal marketplace. And, second, I close the chapter with a series of practical suggestions intended to help lawyers participate effectively in the transformation of legal service that is the central theme of this book.