bluuebunny/crossref_metadata_2025_split huggingface dataset:
The International Law Commission 1949-1998
Authors: Arthur Watts 
Published: November 2023

Abstract
The International Law Commission is the UN body principally responsible for the codification and development of international law. It first met in 1949 and held its fiftieth session in 1998. This is the second of a three volume set which will mark the ILC’s fiftieth anniversary. The set will bring together, on a topic-by-topic basis and in a readily accessible form, the complete final product of the Commission’s work throughout its first half century of existence, namely: * the final draft Articles (or other final reports) prepared by the Commission * its Commentaries on those draft Articles * and in those cases where a treaty has been concluded on the basis of the Commission’s draft Articles, the text of that treaty The Commission’s drafts, together with its Commentaries are - as the International Court of Justice has often confirmed - not only very relevant for the development of customary international law but essential to a proper understanding of the treaties concluded on the basis of the Commission’s drafts. The treaties, which establish a large part of the framework of modern international law and relations, cover such subjects as the law of the sea (1958), diplomatic and consular relations (1961 and 1963), the law of treaties (1969), State succession (1978 and 1983), watercourses (1997), and, most recently, the International Criminal Court (1998). In this collection, the Commission’s work on each topic and any resulting treaty text is prefaced by an authoritative introductory note placing the Commission’s work within its historical and legal context, together with a summary of the Commission’s work on the topic, and a select bibliography. Topics covered in the second volume include: * Treaties * State succession * Watercourses * International criminal jurisdiction.
The Law Of Treaties
Authors: Arthur Watts 
Published: November 2023

Abstract
Along with the need of States to communicate with each other by means of envoys sent from one State to another,’ the need of States to make agreements with other States makes the law of treaties one of those areas of international law whose roots go back furthest into historical times. As soon as communities came into existence which can reasonably be regarded as the forerunners of the States which are today’s members of the international community, so soon did those communities find it necessary to reach accommodations with other, usually neighbouring, communities and, for the better security of their affairs, to record those accommodations in some form of written agreements on which they could rely. In earliest times that reliance was secured primarily by invoking divine sanctions for the breach of a promise or an oath, and by the more practical day-to-day requirements of reciprocity.
The International Law Commission 1949–1998
Authors: Kcmg,Qc Sir Arthur Watts 
Published: November 2023

Abstract
This is the third of a three volume set, the publication of which will mark the fiftieth anniversary of the International Law Commission, the UN body principally responsible for the codification and development of international law. Together, the three volumes will collect the full texts of the Commission’s final draft Articles and Commentaries, and other final reports, on all the topics on which it has completed work during its first fifty years, up to and including 1998. They will also contain the texts of all the treaties which have been concluded on the basis of the Commission’s draft Articles. In this work, each topic is placed in context by a short but authoritative introductory note from the editor, a summary of the Commission’s work, and a select bibliography. Topics covered in the third volume include: (in Part II) Rights and Duties of States; International Offences; Statelessness; Arbitration; Internatioanal Representatives of Staes; State Immunity and (in Part III) Customary International Law; Aggression.
Nürnberg Principles
Authors: Kcmg,Qc Sir Arthur Watts 
Published: November 2023

Abstract
Consideration of the possibility of establishing criminal responsibility on the part of States and their leaders, although for the most part a matter of speculation until the Second World War (1939—1945), received a new impetus with the setting up after that War of the Niirnberg International Military Tribunal for the trial of major war criminals and the delivery of its Judgment on 30 September 1946.
Availability Of Customary International Law
Authors: Kcmg,Qc Sir Arthur Watts 
Published: November 2023

Abstract
For the most part the Statute of the International Law Commission lays down the institutional and procedural framework for the Commissions work, leaving the substantive matters to be considered by the Commission to be determined either by the Commission itself or by the General Assembly giving the Commission special assignments. An exception to this way of proceeding is to be found in Article 24 of the Commissions Statute. This reads:
The Human Rights of People with Disabilities under EU Law
Authors: Quinn Gerard 
Published: November 2023

Abstract
There is a definable rights-based perspective to disability. This perspective, which has its origins in the civil rights movements of the 1960s, is working a revolution both at the level of ideas and also in the way established institutions and practices are coming under sustained pressure for change. Put simply, it amounts to the assertion that people are not problems, they have rights. From the rights perspective the main problem lies in the lack of space made for human difference in society and not in the difference presented by disability itself.
The Future of Environmental Rights in the European Union
Authors: Eleftheriadis Pavlos Z 
Published: November 2023

Abstract
The question of protection from environmental damage is not new. Roman law had rules protecting third parties from activities that could have such effects. But this old question has taken on a new significance in the last fifty or sixty years due to changes brought about by new technology and its massive use. These new problems cannot be fully covered by the traditional means of private law, e.g. property and tort law. It is very hard, for example, to establish private law remedies in the case of commonly held resources, like air or water, or to identify causal links betweeen victims and perpetrators, or even identify current victims at all (as opposed to those in future generations). As a result, we now require better focused tools of public environmental regulation, something that is reflected in the rapid expansion of environmental law over the past few decades.
Trade Preferences and Human Rights
Authors: Brandtner Barbara , Rosas Allan 
Published: November 2023

Abstract
While linking trade and human rights easily provokes controversy, it seems impossible to keep the two completely separate. This is because the ‘right to pursue a trade’ has some human rights connotations, as can be seen in the case law of the European Court of Justice (ECJ). Private traders see sanctions and embargoes as threats to their property and their acquired rights to continue ‘business as usual’. In addition, there is the question of the implications of sanctions for the economic and social rights of the population of the targeted State.
Structural Differences between Systems of Civil Procedure
Authors: Kennett W A 
Published: November 2023

Abstract
The Tenth International Conference on Procedural Law, organised under the aegis of the International Association for Procedural Law, adopted as one of its themes ‘Special features of comparative procedural law’. The intention was to investigate the theoretical and methodological problems of comparative procedural law. It is clear from the selection of this topic as a conference theme that it is of growing interest to procedural lawyers, but the analysis of the national reports also demonstrates that little attention has as yet been paid to methodology.
Non-money Judgments
Authors: Kennett W A 
Published: November 2023

Abstract
It is easy to envisage situations where the transfrontier enforcement of non-money judgments-and in particular prohibitory injunctions-may be desirable. Take, for example, the typical cases arising under the Brussels Convention in which an injunction is sought. They are concerned with restraint of unfair competition, preventing infringement of intellectual property rights, and restraining transfrontier pollution. Although it is common for an injunction to be sought in the jurisdiction in which the effects of the harmful conduct are felt-under Article 5(3) of the Convention-other bases of jurisdiction can be envisaged which would allow multi-jurisdictional torts to be concentrated in one forum. Jurisdiction can be assumed on the basis of Article 2 of the Convention at the domicile of the defendant, or under Article 6(1) at the domicile of one of several defendants. Provisional injunctions may also be sought on the basis of Article 24 of the Convention.
CPT Standards: An Overview
Authors: MOROAN ROD , EVANS MALCOLM D 
Published: November 2023

Abstract
The CPT produces two categories of documents which are vital for the analysis of its ‘jurisprudence’: the annual general reports which describe its work during the past year; and the individual country reports arising out of its programme of visits. There have now been eight of the former and, by the end of 1998, over fifty of the latter have been published.
Introduction
Authors: Alston Philip 
Published: November 2023

Abstract
For all its vagueness and ambiguity, the right of peoples to self-determination succeeded during the second half of the twentieth century in transforming not only many of the basic tenets of international law but also in reshaping the international community. It is hardly surprising then that the proponents of the broader concept of peoples’ rights, which assumed considerable importance starting in the early 1970s, aimed at provoking a similarly fundamental transformation of the way in which human rights are conceived and implemented. The principal means by which they sought to achieve this objective was through the elevation of the well-recognized, but nonetheless vague and open-ended, duty of states to cooperate to achieve the objectives of the United Nations Charter, in combination with an emerging principle of solidarity, so as to transform the correlative duties that attach to human rights into concrete obligations upon governments to transfer resources to those in need.
Introduction: The Phenomenon Of Multi-Party Actions In England And Wales
Authors: Ma Christopher Hodges 
Published: November 2023

Abstract
The primary purpose of this book is to provide guidance to those involved in the management of a multi-party action on the procedural rules and techniques which may be used and the issues which may arise. A multi-party action has sometimes been known in the UK as a group action and elsewhere as a class action. Although the terms are sometimes used interchangeably, there are technical differences between these terms when applied in the context of a specific jurisdiction: a US class action, for instance, is a particular phenomenon and different from an Australian class action. The term used in the Civil Procedure Rules of England and Wales is Group Litigation Order (GLO), which is again a different mechanism.
Basic Principles And Issues
Authors: Ma Christopher Hodges 
Published: November 2023

Abstract
When from the mid-1980s the courts were faced with the Herculean task of managing multi-claimant actions, involving considerable technical problems, there was no rule of court or body of experience on which to draw. A succession of judges was forced to innovate and adopt increasingly interventionist case management techniques. Decisions which departed from tradition were not uncriticised by those adversely affected.
Initial Management Of The Group
Authors: Ma Christopher Hodges 
Published: November 2023

Abstract
From the start of the modern history of multi-party actions in this jurisdiction, it has consistently been recognised that they should be managed by a single judge. The Law Society’s Working Party and Lord Woolf advocated the involvement of a single judge as early as possible in the process and the establishment of a panel of judges who have training and experience in managing group actions. Cases in which a succession of judges are appointed run the risk of suffering from inconsistency or lack of forward momentum.
Further Management Issues
Authors: Ma Christopher Hodges 
Published: November 2023

Abstract
Rule 19.14 provides that a party to a claim entered on the group register may apply to the management court to be removed from the register. If the management court orders the claim to be removed from the register it may give directions about the future management of the claim. Additionally, where the court has decided that the criteria for entry on the register have not been met in a particular claim (generally on referral from the manager of the register), it may order that the claim leave the Group Litigation Order (GLO) arrangements. Where the court orders a claim to leave the Group, it may give further directions in that claim which may involve a continuing liability for the costs of the Group.
Costs
Authors: Ma Christopher Hodges 
Published: November 2023

Abstract
The general rules on costs are in Part44 of the Civil Procedure Rules 1998 (CPR). Detailed consideration of Part 44 is outside the scope of this book but the key aspects should be remembered. The court has a discretion as to the award, amount, and timing of payment of costs. The general rule is that the unsuccessful party will be ordered to pay the costs of the successful party, but the court may make a different order.
Legal Expenses Insurance
Authors: Ma Christopher Hodges 
Published: November 2023

Abstract
Solicitors have a duty to advise clients on whether their liability for costs may be covered by insurance. Legal expenses insurance (LEI) policies are typically sold as ‘add-ons’ to other policies, particularly motor vehicle, household, and building policies. The existence of LEI cover may not only affect a person’s decisions in litigation but also interrelate with the availability of public funding or after-the-event insurance, which are topics discussed in the two succeeding chapters. The existence of a sufficient number of individual claimants with adequate LEI cover may, on the assumption that such cover can be aggregated, provide significant funding for a multi-party action.
Class Actions: An American Perspective
Authors: Harbour Laurel J , Croft Sarah , Sheehan Thomas 
Published: November 2023

Abstract
Class actions in the United States federal courts are ‘an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only’. The procedure allows one or more individuals (class representatives) to sue on behalf of themselves and class members who are similarly situated. If the class representatives prevail, the defendant will be liable to each member in the class. Likewise, if the defendant prevails, the judgment binds all the members of the class.
Pertussis Vaccine Litigation
Authors: Pearl Simon 
Published: November 2023

Abstract
This product liability litigation arose in the mid-l 980s before the development of more sophisticated and formal arrangements. The key point is that both plaintiffs and defendants regarded the issue of general causation as being the paramount issue. Accordingly, the coordinating judge was enabled to resolve this issue and, since he did so in the defendant’s favour, the litigation was effectively resolved. The issue was resolved as a preliminary issue in the context of a single test case, although there was an expensive lesson that selection of only a single test case leads to problems if it collapses on its particular facts.
Hiv Haemophilia Litigation
Authors: Pearl Simon 
Published: November 2023

Abstract
The most important factor in this negligence litigation from around 1990 was speed. The parties and the court recgnised an overwhelming need to achieve resolution of all of the individual cases in view of the serious risk of impending death to the 1,000 plaintiffs. As a result, no preliminary issues were selected and although it was intended to proceed by way of resolution of generic issues through lead cases, preparatory work on all the other individual cases was continued rather than their being stayed.
Lloyd’S Litigation
Authors: Wakinshaw Gary 
Published: November 2023

Abstract
This enormous litigation was active in the early and mid-1990s and related to the arrangements between different members of the Lloyd’s insurance market. There were many individual actions, although they can begrouped into eight broad categories. A succession of judges was appointed to c ordinate the actions, which were all dealt with within the Commercial Court. At an early stage, the Court called the par ties together for a two-day discussion of the nature of the actions and the management issues which would arise, which resulted in adoption of a test case approach generally based on preliminary issues and a general timetable.
Creutzfeldt-Jakob Disease (Human Growth Hormone) Litigation
Authors: Body David 
Published: November 2023

Abstract
This negligence claim from the mid-1990s was a notable overall success for the claimants. One very important management lesson emerged. As discussed at chap ter 2, there had been controversy arising in many of the product liability claims of the previous five years or so of whether it was appropriate in a multi-party action either to proceed immediately to trial solely on the issue of one or some supposedly common issues and to defer all other matters, or alternatively to proceed on a broader basis. In this case, there was an initial trial of breach of duty and general causation but with no evidence of the facts of any individual cases. The approach was seen to have serious drawbacks and subsequent cases adopted instead the ‘trial of lead cases’ approach.
British Coal: Respiratory Disease Litigation
Authors: Tucker Andrew 
Published: November 2023

Abstract
This employers’ liability case from the second half of the 1990s was a notable win for the claimants, resulting in financial liability estimated at £2 billion to former mineworkers. It was an interesting example of judicial control, not least in relation to timing: some 100 individual cases were commenced between 1989 and 1995 but, following judicial co-ordination through a group mechanism, an enormous discovery and evidence-taking exercise was completed at considerable speed and judgment given by February I998.The Judge’s force of personality also encouraged the twenty-seven firms representing claimants to consolidate into a Steering Committee and resolve their differences.
Attachment Of Security Interests
Authors: Ali Pau 
Published: November 2023

Abstract
This chapter discusses ‘attachment’, the first of two concepts critical to the efficacy of security interests. Attachment means that all steps necessary to create a security interest over the secured property have been taken. The second concept ‘perfec-tion’ concerns the steps that have to be taken, generally further to the attachment of a security interest, to assure the position of the secured party. However, the concept of perfection, as applied in the form-based regimes of England and Wales, and Australia, is substantially different from the concept recognised by the Article 9-style regimes of Canada and New Zealand.
Charge-Backs and Fixed Charges Over Receivables
Authors: Ali Pau 
Published: November 2023

Abstract
This chapter considers two special types of security interest, the charge-back and the fixed charge over receivables, both of which illustrate the limits imposed by the common law on the creation of security interests over choses in action. In terms of charge-backs, the issue arises as to whether the obligee in respect of a chose in action can grant a valid security interest over that chose in action back to the obligor. As regards the second security interest, the issue is whether a fixed charge (or mortgage)-as opposed to a floating charge-can be created over a fluctuating class of choses in action such as receivables, thus placing the secured party in a more advantageous priority position.
Some Observations Concerning Multijurisdictional Tax Competition
Authors: Shaviro Daniel 
Published: November 2023

Abstract
Should (or when should) separate governments, including sub-units in a federal system, be encouraged to engage in tax competition rather than harmonizing their tax systems? This is a very different question than, say, whether air pollution policy should emerge through regulatory competition or be harmonized at the national or multinational level. The differences suggest a need for lesser generalization in evaluating tax competition as compared to much other regulatory competition.
Labour Federalism in the United States: Lessons for Coordinated Decentralization in Supranational Regimes
Authors: Barenberg* Mark 
Published: November 2023

Abstract
United States domestic law—like the domestic law of many other federal nationstates-has for decades rested on the settled principle that core labour rights, enforced by the central government, are fundamental constituents of a multi-state common market. The US Supreme Court and the US Congress have explicitly embraced the idea that substandard labour conditions are a form of illegitimate subsidy to low-wage employers and that the federal government is therefore justified in prohibiting interstate traffic in goods produced under such conditions (West Coast Hotelv. Parrish, 300 U.S. 379 (1937); NLRBv. Jones & Loughlin Steel Co., 301 U.S. 1 (1937); United States v. Darby, 312 U.S. 100 (1941)). Over three or four decades beginning in the rnid-1930s, that idea animated the relatively successful implementation of a federal policy enforcing core labour rights. In the last third of the twentieth century, while that formal policy commitment and its regulatory shell persisted, its actual implementation faded away (Gross 1995).
Fiscal Federalism, Jurisdictional Competition and Tax Coordination: Translating Theory to Policy in the European Union
Authors: Bratton William , Mccahery Joseph 
Published: November 2023

Abstract
Economic theory is often said to provide a basis for setting presumptions to help allocate regulatory authority in federal systems. Less is said about its operation as a basis for rebutting presumptions respecting allocations of authority in federations, the matter we take up in this chapter. The presumption in question is the European Union’s (EU’s) subsidiarity principle. The case for rebuttal concerns the Code of Conduct on Business Taxation (the Code), a tax coordination initiative that identifies and prohibits a zone of distortionary competition among the member states respecting taxation of capital. The Code is presently pending before the European Council as part of a larger package of tax measures. Its evaluation under subsidiarity raises three questions: (1)
Environmental Regulation and Economic Integration
Authors: Vogel David 
Published: November 2023

Abstract
This chapter explores the relationship between economic integration and environmental regulation. Part I begins by observing that fears that economic competition would lead to a regulatory ‘race toward the bottom’ appear to have proven unwarranted: increased economic integration has proved compatible with the general strengthening of environmental standards. Part II then explains why economic interdependence has not led subnational, national, and regional governments to compete by lowering their environmental standards. Parts III, IV, V, and VI examine the ways in which economic integration has contributed to the strengthening of regulatory standards. Finally, Parts VII and VIII explore the shortcomings of existing mechanisms of global environmental governance and specify the circumstances under which regulatory coordination can promote more effective environ mental governance.