bluuebunny/crossref_metadata_2025_split huggingface dataset:
Proprietary Rights as Remedies
Authors: Birks Peter 
Published: November 2023

Abstract
Long the leading scholar in the field, and the author of the leading treatise, Professor Donovan Waters has exercised great and beneficial influence on the Canadian law of trusts. One pillar of his international reputation has been his advocacy over a period of some thirty years of the remedial as opposed to the substantive or institutional understanding of the constructive trust. His participation in this seminar offers an opportunity which an agnostic in this matter cannot let pass. This paper therefore has modest analytical objectives. Its purpose is to identify the obstacles to reception of the remedial faith. It must be understood throughout as continually asking whether these difficulties are real or not.
Old Systems — New Systems
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
This chapter sets out a framework for the analysis of European police co-operation. The approach in this chapter is to contrast old and new systems of European police co-operation, and the TEU is viewed as a catalyst for the transformation from old into new. The most prominent systems of European police co-operation—Interpol, Trevi, Schengen and Europol—will be discussed, not as static, but as dynamic entities. Trends for the immediate future can be identified, such as formalization, centralization and generalization. But those involved in the policy-making process on European police co-operation have differing views on the desirability of these trends. Opposing views exist concerning informal or formal structures of co-operation, a supranational or intergovernmental frame work for institutional development, the role of politics as opposed to the impact of practitioners in the policy-making process, the importance of differences between national policies, legal systems, organizations and cultures, and the preference for a Europol with or without executive powers.
European Police Co-operation in Criminal Matters
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
Although the need to act to counter transnational crime within the European Union is now acknowledged to be a matter of common concern, developments to date have not departed significantly from the fundamental international law doctrine that enforcement jurisdiction is strictly territorial. Progress has been made in areas such as the sharing of intelligence and the production of common threat assessments. Very modest advances have been made, in the con texts of the Benelux and Schengen arrangements, in facilitating operational cross border policing (Gilmore 1993d: 1962-4). But a general rule, for the members of the EU, as for the rest of the international community, it remains ‘a breach of international law for a state without permission to send its agents into the territory of another state to apprehend persons accused of having committed a crime’ (Jennings and Watts 1992: 387-8). Traditional conceptions of international co-operation, such as extradition and mutual legal assistance, retain their centrality in the investigation and prosecution of those involved in criminal activities with an international dimension. Such a legal framework is, however, not a substitute for practical police co-operation. It is a supplement to it; one which is essential where powers of coercion such as search and seizure or arrest need to be exercised in the absence of any indication of a violation of national law. The pre sent chapter examines the most important aspects of the existing framework in relation to the EU Member States and assesses the prospects for future progress.
The Future of European Police Co-operation
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
In this conclusion, we set out briefly the developments which we consider desirable if a more effective and legitimate system of policing the EU is to be achieved, and indicate some of the main factors which may facilitate or impede enhanced co-operation. A favourable political context, the commitment of political elites, and some criminal justice harmonization, approximation or mutual recognition are required in order for progress to be made towards the development of operational police powers at the European level, a common approach to international crime within European public policy, the improvement of the practice of co-operation, and enhanced systems of police accountability. Prospects in some of these areas are not good and there are potential pitfalls, even dangers, along the road to more integrated law enforcement arrangements. It is therefore possible to take a sceptical view and regard improved police co-operation as a low priority and even an undesirable objective.
Taking Office
Authors: Brazier Rodney 
Published: November 2023

Abstract
There is often speculation at Westminster, in Whitehall, and in the media before Government changes take place, but the first reliable information which the general public will receive about a politician’s appointment to a ministerial office will be a news announcement through the broadcast or print media. Rumours of a Government reshuffle can be in political and public consciousness for weeks (and sometimes longer), and even when the drama is sharpened by a general election followed by a change of government the filling of the last ministerial office after polling day can take several days. The uncertainty for aspiring MPs and peers will end only either when they hear authoritatively that they are to go to a particular ministerial post, or when it is dear that all vacancies have been filled without them. The constitutional question in all this is how, and at what moment, a person’s appointment to the Government takes effect in law. This Chapter answers that question.
Scope of The Analysis and Fundamental Issues of Secured Transactions Law
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
This introduction to central and eastern European secured transactions laws is based on a comparative overview. It will contrast central and eastern European laws with four western reference systems of secured transactions law: (1) the law of England and Wales; (2) US law; (3) German law; and (4) the EBRD Model Law on Secured Transactions and the EBRD Core Principles for a Secured Transactions Law. As far as the central and eastern European laws are concerned, the secured transactions laws of the seven Member States of the EBRD will be covered, namely the laws of Bulgaria, the Czech Republic, Hungary, Poland, Romania, the Russian Federation, and the Slovak Republic.
Self-Determination in Modern International Law: The Practice of States
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
Since the Second World War the principle of self-determination has been transformed from an essentially political concept into an important element of international law. However, the exact parameters of the legal right of self-determination remain unclear. The post-war international instruments which invoke the ‘right to self-determination’ do not define that term in any detail. Given this absence of precise guidelines in the international instruments, and also given the existence of widely differing theories of self determination in the political context, the practice of states has become an important means of ascertaining the scope of self-determination at international law. This Chapter therefore examines state practice with regard to self-determination.
Tracing Rules II: Mixed Substitutions
Authors: Smith Lionel D 
Published: November 2023

Abstract
The last chapter considered the possibility of tracing through a clean substitution, where the new asset was acquired solely with the value being traced. In this chapter, the exercise is widened to consider substitutions in which the value being traced contributed only part of the value used to acquire an asset. This possibility complicates the tracing exercise to some extent, and requires the analysis of a number of different issues. The first section echoes its counterpart in the last chapter. There, an attempt was made to outline the characteristics of a clean substitution to provide a framework for the analysis which followed. Here, that frame work will be altered as necessary to take account of mixed substitutions. The first section goes on to consider a supposed limitation on the common law’s ability to trace. It is often said that the common law cannot trace through a ‘mixed fund’.
Private Parties and Judicial Review of Community Action
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
After several failed attempts by the European States to achieve some form of unity following the end of the Second World War, the signing of the Treaty of Paris in 1951 laid the foundation stone of a European Community. This Treaty established the European Coal and Steel Community,1 which sought a form of sectorial integration by the pooling of French and German coal and steel resources and those of any other countries wishing to participate. The idea was endorsed with enthusiasm by other European States, and a few years later, further developments took place with the signing of the Treaty of Rome, which established the European Atomic Energy Community,2 again seeking sectorial integration, and the European Economic Community,3 which had the more far-reaching aim of general economic integration.
The Legacy of History on German Contract Law
Authors: Dannemann Gerhard , Markesinis Basil 
Published: November 2023

Abstract
Professor Goode’s career is not, generally, seen as one primarily dedicated to the study of foreign and comparative law. Yet he has, arguably, done more than many ‘professional’ comparatists to encourage the study of this branch of the law. Thus, his Centre for Commercial Law Studies at Queen Mary and Westfield College, London, was always keen to make use of foreign material and to foster greater co operation between European, American, and Commonwealth lawyers; and his contribution in setting up the Oxford Centre for the Advanced Study of European and Comparative Law, though not yet recorded in public, was crucial.
Interest on Money Awards in International Arbitration
Authors: Lew Julian D M 
Published: November 2023

Abstract
One of the most common factors in arbitration is the request by one or both parties for interest to be added to the amount of their claims. This exists regardless of the nature or character of the arbitration: whether institutional or ad hoc, wherever the siege or seat of the arbitration, and whatever the subject matter. If money is claimed, whether because of non-payment or compensation for breach or contract or defective performance, interest is sought to be added, and arbitrators invariably accept and add an amount of interest to the substantive amount awarded. Increasingly, in recent years, the amounts involved in international arbitrations are extremely high. International transactions now involve enormous amounts, and are major sources of national state income, i.e., invisible exports. These transactions include not only the purchase and sale of goods, and shipping and carriage of goods by air, sea, and land, but financing, joint ventures, investments, construction contracts, the purchase or licensing of intellectual property, turn-key contracts, etc.
‘Déjà Vu All Over Again’? An American Reaction to the Woolf Report
Authors: Marcus Richard L 
Published: November 2023

Abstract
Lord Woolf’s Interim Report is a remarkable accomplishment. Appearing some fifteen months after his appointment, it examines the whole of the English civil justice apparatus and makes a detailed proposal for a ‘funda mental shift in the responsibility for the management of civil litigation,’ for which the basic tool is to be case management. His proposed revolution in judicial operation would seek to alter the adversary culture of the UK as well. To those ends, the Report proposes what appears to be a quite substantial restructuring of the English court system. Overall it is both highly creative and extremely thought-provoking.
Too Much Lawyering, Too Little Law
Authors: Issacharoff Samuel 
Published: November 2023

Abstract
Sometimes it appears, Tolstoy to the contrary, that unhappy families are indeed alike. From the vantage point of an American academic lawyer, what is most striking in first reading the admirable Report produced by Lord Woolf is its uncanny familiarity. Despite contact with the British civil justice system that is best described as episodic and anecdotal, I am nonetheless struck by the ready comprehensibility of the Report’s depiction of the malaise of a common law system afflicted by an escalation of legal costs and a growing sense that justice is inaccessible to the bulk of the population.
Limiting Costs for Better Access to Justice: The German Approach
Authors: Leipold Dieter 
Published: November 2023

Abstract
The Woolf Report is, form a German point of view, very impressive and interesting. Generally German lawyers and scholars of jurisprudence admire the English System of Courts and Justice. One reason is. the great English tradition, the other the observation that the number of judges, com pared with the population, is so much lower than in Germany. The German system of civil procedure is not regarded to be ideal in any way. On the contrary there is a permanent effort to reform and improve the German civil procedure. To shorten up and to simplify the procedure have been the main aims of such reforms. At present the greatest problem is the increasing number of civil (and other) lawsuits in Germany.
Regulating the Market for Civil Justice
Authors: Gravelle Hugh 
Published: November 2023

Abstract
Access to Justice is the latest in a long line of reports and investigations prompted by concerns about the cost, complexity and delay in the civil justice process. The purpose of this chapter is to provide a non-technical economic analysis of the market for civil justice and to show that its peculiarities have significant implications for policy.
I need first to remove a possible barrier to understanding. In what follows I will use ‘justice’ as a handy portmanteau term for the services pro vided to individuals seeking to establish, define and enforce what they believe to be their civil legal rights.
Litigation and Settlement
Authors: Roberts Simon 
Published: November 2023

Abstract
Over generations a particular culture of disputing has grown up in England, with parties resorting early, almost as a matter of course, to lawyers. So a single professional group has come to secure a virtual monopoly of control over dispute processes, managing them in accordance with their norms and understandings. At the same time, they have successfully projected a privileged association between their professional activities and the potent abstract conception of ‘justice’. All this places formidable difficulties in the way of effective external criticism of ‘the public justice system’, and makes it seem normal and right for a fundamental review of the system to be con ducted by a distinguished insider like Lord Woolf.
The Free Movement of Goods
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
The free movement of goods, one of the four freedoms of the Treaty, covers the trade in goods between the Member States. Apart from a few explicitly exempted goods or products, the general principles of Articles 9 to 37 protect the import, export, and transit of all goods even if they are ecologically dangerous. In principle waste products are considered to be ‘goods’ in the sense of the Treaty, but their special characteristics may allow additional restrictions under Articles 30 to 36.
Fair and Undistorted Competition and the Environment
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
Beside the four freedoms and the approximation of laws, the Community’s system ensuring fair and undistorted competition is a main pillar of the common market. The principles of Aricles 85–90 primarily concern the distorting behaviour of private undertaking, but they apply by implication to Member States taking action to support, facilitate, or allow sch private behaviour.
Agreements between undertakings and public authorities for the voluntary reduction of certain environmentally harmful behaviour or the co-ordination of environmental issues have become increasingly important in contemporary environmental policy. Nevertheless, such agreements defy, in principle, the prohibition contained in Article 85.
The General Approximation Of Laws
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
The main legal basis for the harmonization of national rules which hinder the establishment and the functioning of the common market was, until 1987, Article 100 EC. In the field of the environment the Community sometimes used additionally Article 235. In harmonized fields Member States kept regulatory power only if a Community measure provided for specific safeguard clauses or did not completely cover an area. In the absence of Community measures the Member States were, however, responsible for the adoption of environmental measures. These had to be compatible with the other Treaty obligations and the procedural information duties in drafting had to be observed hy the Member States.
Integration of the Common Market and the Environment
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
The establishment of a common market and the elimination of national borders for the exchange of goods has been one of the pillars of the European Community since its inception. However, the protection of the environment was given little attention during the first period of European integration. Nevertheless, since the early 1970s and particularly since the coming into force of the Single European Act the Community has been entrusted with the effective protection of the environment.
Marriage
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
In all matters pertaining to the publication of banns of marriage and to the solemnisation of matrimony every minister must observe the law relating thereto, including in so far as is applicable the rules prescribed by the rubric prefixed to the Office of Solemnisation of Matrimony in the Book of Common Prayer. Indeed, the law relating to matrimony is particularly important as a marriage alters the legal status of those involved; it is for this reason that the only matter to which any of the rubrics in the Book of Common Prayer relate and in respect of which the General Synod cannot make provision by Canon or regulation is the publication of banns of matrimony.
Ordination and Consecration
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
Ordination to the office of priest or deacon must take place on the Sunday immediately after the Ember Weeks; alternatively, it must take place on St Peter’s Day, Michaelmas Day or St Thomas’s Day, or upon a day within the week immediately following those days, or upon such other days, being a Sun day, a Holy Day or one of the Ember Days, as the diocesan bishop on urgent occasion shall appoint
The ordination must be in the cathedral church of the diocese or in another church or chapel at the discretion of the bishop Any form of Holy Communion which is authorised by Canon B l may be used.
Good Order
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
As has already been seen, there is a general duty under the canon law to ensure that all divine worship is reverent and seemly. More particularly, a minister must endeavour in every service ‘to ensure that the worship offered glorifies God.’ Moreover, Canon B 20, para. 3, reflects the general canon law when it, too, states that it is the minister’s duty ‘to banish all irreverence’ in the performance of any music.
In keeping good order in the church and, to a lesser extent, the churchyard the minister is given the assistance of certain members of the laity but he can never slough off his own responsibilities. For example, if he were to become aware that bawdy words were being sung to the tune of a hymn, or if drunken or rowdy behaviour were interrupting a service, the minister ought to stop the service until good order has been restored.
The Emergence of Violent Racism as a Public Issue
Authors: Bowling Benjamin 
Published: November 2023

Abstract
Accepted wisdom about violent racism is that after a period of relatively successful integration of large numbers of black and brown people arriving in Britain from the former Empire, there was a sudden flare-up of violence between whites and ‘ non-whites’ in the second part of the twentieth century. Identifying exactly when it became an issue of public concern—occurred for the first time, say—is not easy, though dates including 1958 and 1981 have often been suggested.
Racism and Victimization
Authors: Bowling Benjamin 
Published: November 2023

Abstract
Violence is like the ‘ white noise’ of society. The incessant and myriad attempts to express an emotion, communicate a desire, or exert power over others may seem to the casual viewer like the hiss and crackle of a badly tuned television set. It is possible to see how, superficially, violence might be considered random, inexplicable, and unfocused. Survey research, like a tuner, attempts to distinguish signal from noise. It records moments of human experience in both digital and narrative forms and through tabulation and cross tabulation seeks to reveal patterns of social action and interaction.
Current Assessment and Future Prospects
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
The purpose of this chapter is to draw together the issues that have been considered previously, to provide an evaluation of the ECPT and to present a number of suggestions based on this examination. The first section, recalling the questions raised by the overview of the history of torture presented in Chapters 1 and 2 and relating them to trends in contemporary European civil society, makes a general assessment of the need for the ECPT.
The Protector: New Wine in Old Bottles?
Authors: Waters Donovan w. M 
Published: November 2023

Abstract
Just a few years ago—Underhill and Hayton in its fourteenth edition in 1987 had nothing on the subject; it is that recent—those who had reason to see the documentation of offshore trusts noticed the appearance in those instruments of an individual named a protector. Some instruments referred to this person as an ‘adviser’, an ‘appointor’, or even a ‘guardian’, and in others a plurality of persons assumed this role as a ‘management committee’ or ‘the protector group’. But these latter descriptions were not usual in the early days; then it was the individual acting alone.
Some Trust Principles in the Pensions Context
Authors: Walker Sir Robert 
Published: November 2023

Abstract
The social and economic importance of occupational pension schemes has been apparent for many years but it is only in the course of the last ten years that pension schemes have come before the court in significant numbers. Recently, however, the court has begun to work out how far trust-law principles that were established and developed largely in the context of family trusts are appropriate, with or without modification, to pension schemes. This process is very far from complete: there are only four important decisions of the Court of Appeal, and none yet of the Lords. In this paper I want to look at two areas which have already produced a certain amount of authority: judicial review4 of decisions by pension-fund trustees (including disclosure of documents relevant to such decisions), and problems of conflict of duty and interest affecting trustees and other fiduciaries concerned with pension funds. But I will venture to begin with some very general and elementary points about pension schemes.