bluuebunny/crossref_metadata_2025_split huggingface dataset:
Taxation
Authors: Cardwell Michael 
Published: November 2023

Abstract
Just as the nature of milk quota is itself elusive. so the taxation of milk quota gives rise to few easy solutions. Nol least, tax considerations were unlikely to have been at the forefront of the legislature’s mind when implementing the milk quota system. In any event, it was not the intention of the legislature that quota should be so freely bought and sold or. indeed, acquire so transparent an economic value. Likewise, the judgments of the courts have not as a rule been directed to fiscal matters; and there may be dangers in seeking to derive guidance as to the tax treatment of quota from interpretations of the legislation delivered in other contexts - and vice versa.
Frontiers and Policing
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
Effective and harmonized administration of controls at the external frontier and the abolition of internal frontier controls are essential requirements for the completion of the Single European Market (SEM). The SEM required the full implementation of the four free domsagreed in principle by the Member States by the signing of the Treaty of Rome and re-confirmed by the 1985 Single European Act—freedom of movement of persons, goods, services and capital. Inter alia this required the dismantling of customs checks on goods and police controls on persons at the internal frontiers as well as the abolition of the non-tariff barriers to trade within the EU, embedded in different health and industrial standards, professional and trades qualifications, specifications of goods and administrative procedures. Sharp differences of opinion were expressed by Member States, interest groups and individual members of the public about how much harmonization was necessary, particularly over rates of indirect taxation and Community-wide definitions of goods such as beer and ice-cream. Freedom of movement of goods within the SEM, which is less politically sensitive than freedom of movement of persons except where unfair competition or traffic in illegal goods are suspected, also depended on making the external frontier the customs collection point for all Member States, and an effective barrier to smuggling of goods. Controls at all crossing points of the external frontier should be equally effective in pre venting the entry of illegal immigrants so that, within the external frontier, there could be free movement of persons. Differences of view have already emerged about the amount of common or joint police co-operation necessitated by the new freedoms and new systems of regulation.
The Merging of Internal and External Security
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
The legal and organizational lines between internal and external security, between security of the individual within the state and security of the state itself, and between the police and the military have historically been drawn differently in the European countries. Under the pressure of events since 1989 radical changes have taken place and the relationship between internal and external security is being redefined. The changes since 1989 have been the subject of optimistic and pessimistic interpretations, some believing that they represent the triumph of western values and western liberal democracy, others regretting the loss of a bi-polar world in which the distribution of international power and influence between the two super-powers was more or less stable and predictable. Commentators and politicians agree, however, that the post-1989 situation has suggested new scenarios and posed new challenges: there is now a more dynamic situation with unpredictable security threats, which requires the planning of flexible responses to a variety of dangers (Van Ham 1993). The rethinking of European security has had a number of repercussions on European police co-operation. Broadly speaking, these repercussions can be classified in four groups. The first is that the pattern of criminality may change as a consequence of changing macro-politics and macro-economics in areas neigh bouring the European Union. The transfrontier aspect of criminality may expand because of developments in East Europe (see chapter 1). Secondly, the disappearance of the ‘iron curtain’ has opened up new possibilities for interaction between law enforcement agencies in East and West.
Ministers And Government Decisions
Authors: Brazier Rodney 
Published: November 2023

Abstract
The purpose of this Chapter is to explain the procedural framework within which ministerial and governmental decisions are taken. It begins with a brief historical survey of the system of decision-making in the Cabinet and its committees. It then looks at the general guidance which Ministers receive about methods by which issues should be decided, and then examines more specifically the situations in which Ministers are expected to make up their own minds and act within their departments without troubling Ministers outside the department. The Chapter then analyses in detail the current rules of practice governing decision-making in committees of Ministers, and within the Cabinet itself.
Communicating With Parliament
Authors: Brazier Rodney 
Published: November 2023

Abstract
Ministers owe to Parliament their constitutional legitimacy, which is manifested in particular through the confidence shown in them by the House of Commons. In order to retain that confidence Ministers must explain to Parliament what they are doing and why they are doing it; and in that process Ministers will hope to persuade their own supporters at least that they are doing what circumstances require. It is through such explanations that Ministers fulfill, in part, their obligation of accountability to the legislature. Accountability is not merely an abstract concept, because it is given life whenever a member of the Government is present in Parliament to promote his departmental policies and to defend his ministerial col leagues. That obligation is drawn to Ministers’ notice in the document Questions of Procedure for Ministers (QPM). Ministers are reminded there2 that they are account able to Parliament for the policies, decisions, and actions of their departments and agencies. They are enjoined to be as open as possible with Parliament (and the public), withholding information only when disclosure would not be in the public interest, which should be decided in accordance with established parliamentary convention, the law, and any relevant Government code of practice. Clearly, that notion of accountability shades into the doctrine of ministerial responsibility to Parliament, which will be considered in the next chapter.
Responsibility To Parliament
Authors: Brazier Rodney 
Published: November 2023

Abstract
Some of the issues to be explored in this Chapter have been examined. or touched on, already. Thus, for instance, in the chapter on conflicts of interest a number of matters which might affect the responsibility of Ministers to Parliament were high lighted, especially in relation to the consequences of the early work of the Committee on Standards of Conduct in Public Life.1 This Chapter is concerned with the details of ministerial responsibility to Parliament. Ministers’ collective responsibility-for the Government’s policies and for their ministerial colleagues and Ministers’ individual responsibility for their own actions are examined in the first section. Inevitably some breaches of the doctrine result in loss of office, but others do not, and the ways in which that fate may be avoided are looked at in the second section. Ministers are not always responsible for things that go wrong, and the recent development of new constitutional mechanisms (such as executive agencies) can blur the line back from the wrong complained of to a responsible Minister; and older constitutional notions (such as agreements to differ, and ministerial over lords) could come to be used again. Those matters are also considered in the second section. Collective responsibility implies collective secrecy: and the easing of the strains which the obligation of confidentiality imposes, through leaking and briefing, are considered in the final section.
Secured Lending in Eastern Europe
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
This new work is the first comparative study of central and eastern European secured transactions laws to be written in English. It gives a valuable insight into the legal reforms taking place in the transition economies of central and eastern Europe (and elsewhere), explaining the general mechanics of secured transactions laws in a helpful and practical way. The book will explore the characteristics that make security law useful from a practical point of view, the purpose being not merely to describe existing rules on security but to concentrate on the question of how those rules can apply in practice. The author concentrates on seven central and eastern European secured transactions laws in Bulgaria, the Czech Republic, Hungary, Poland, Romania, the Russian Federation and the Slovak Republic. These laws are contrasted with the EBRD's Model Law on Secured Transactions and the EBRD's Core Principles for a Modern Secured Transactions Law. In addition, English, German and US law (which, among others, influenced the EBRD's work) are used as further reference sources.
Central and Eastern European Countries and the Reform of Secured Transactions Laws
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
When the Berlin wall fell on 9 November 1989 it was only a matter of several 1.01 years before most central and eastern European countries took the decision to become so-called transition countries and to transform into western-style democracies and market economies. This development became possible due to the withdrawal of the Soviet Union under Mikhael Gorbachev’s leadership as the guardian power of other central and eastern European countries.
Legal models of secured transactions law in Western countries
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
English law1 distinguishes four types of consensual security interests: the pledge, the contractual lien, the mortgage, and the equitable charge.2 The pledge is a possessory security interest which can be created in goods as well as in documentary intangibles (ie documents of title and instruments embodying a money obligation). The creditor can take physical possession but it suffices if he holds constructive possession through another person.
Central and Eastern European Secured Transactions Laws
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
Bulgarian law1 provides in Article 133 of the Law on Obligations and Contracts that in principle the debtor’s ‘entire property’ shall serve as a basis for the satisfaction of the creditors’s rights. However, Articles 138 to 148 of the Law introduce the guarantee as a means of securing obligations by a personal right. In its 1950 Law on Obligations and Contracts, Bulgarian law sets out a number of traditional security rights.2 They are the traditional security rights of the civil law tradition, namely the possessory pledge of movables;3 the pledge of receivables, which requires the notification of the debtor of the pledged receivables for its enforceability against the debtor;4 and the mortgage in immovables which must be recorded with the recording office administered by the regional courts.5 The possessory pledge of movable things and the pledge of receivables are similar to the pledges found under many other civil law jurisdictions (including German law) and meet the same practical limitations in modern business
The Origins of National Consciousness
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
The concept of self-determination originally developed throughout Europe and the United States in the eighteenth and nineteenth centuries. In essence, self-determination is understood to occur whenever a people freely determines its own political status. In Western Europe and the United States the notion of self-determination drew its inspiration primarily from Enlightenment ideas of popular sovereignty and representative government. In Central and Eastern Europe, on the other hand, the notion of self-determination was based primarily on the nineteenth-century phenomenon of nationalism. This meant that in Western Europe and the United States the concept had a political orientation which generally did not take ethnic considerations into account, whereas in Central and Eastern Europe the concept was much more strongly linked to ethnic and cultural factors.
The Action for Annulment in the EC Treaty: An Overview
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
The action for annulment is regulated by Article 173 EC Treaty, which reads as follows: The Court of Justice shall review the legality of acts adopted jointly by the European Parliament and the Council, of acts of the Council, of the Commission and of the ECB, other than recommendations and opinions, and of acts of the European Parliament intended to produce legal effects vis-a-vis third parties.It shall for this purpose have jurisdiction in actions brought by a Member State, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers.
The Locus Standi of Non-Privileged Applicants to Challenge Measures in the Form of Regulations or of Directives
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
This Chapter will be devoted mostly to the study of the case law of the European Court of Justice in connection with the attempts made by private parties to challenge Commission and Council regulations.1 It has already been seen2 that Article 173 EC Treaty excludes a sensucontrario any binding act other than decisions from the scope of challenge by natural and legal persons. Consequently, regulations and directives3 are, in principle, excluded. However, and with the clear intention of preventing the Euro pean institutions from escaping the likelihood of review by choosing the form of a regulation for an act which is in substance a decision, the drafters of the EC Treaty established the principle that a private applicant could bring annulment proceedings against a decision which ‘although in the form of a regulation is of direct and individual concern to the former’.4 From the wording of Article 173(2) EEC Treaty, it would seem that three cumulative hurdles need to be overcome by natural or legal persons who wish to challenge a regulation. In the first place, it has to be proved that the measure, albeit in the form of a regulation, is in substance a decision; in the second place, that the decision is of individual concern to the applicant; in the third place, that it is of direct concern.5 However, one feature of the case law in this area which could trouble any observer who wishes to find uniform criteria in the Court’s approach to the question of locus standi. This is the fact that two divergent lines seem to emerge from the case law of the Court.
The Plea of Illegality
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
The plea of illegality, unlike annulment proceedings, is an indirect method of challenging Community acts. It allows a party to plead the illegality of a normative act which serves as the legal basis of a measure at issue in the main action. This judicial remedy, which is familiar to the legal system of the Member States,1 appears regulated in all three Community Treaties. Thus, Article 184 EC Treaty reads: Notwithstanding the expiry of the period laid down in the fifth paragraph of Article 173, any party may, in proceedings in which a regulation adopted jointly by the European Parliament and the Council or a regulation of the Council, of the Commission or of the ECB is at issue, plead the grounds specified in the second paragraph of Article 173 in order to invoke before the Court of Justice the inapplicability of that regulation.3 Within the framework of the ECSC Treaty, Article 36(3) allows private parties to invoke the plea of illegality only in the course of an appeal against pecuniary sanctions or periodic penalty payments.
The Action for Damages
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
The system of judicial protection provided for by the Community Treaties would not be complete if there was no action aimed at obtaining compensation for loss caused by acts of the Community institutions. The determination of the non-contractual liability of the European Community is one of the competences attributed to the European Court of Justice, in addition to its other heads of jurisdiction. This remedy is regulated by Articles 178, 215(2), and 215(3) EC Treaty which read: The Court of Justice shall have jurisdiction in disputes relating to compensation for damage provided for in the second paragraph of Article 215 [Article 178].
Conclusions and Recommendations
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
This work set out to study the rights of private parties seeking to obtain a review of the legality of Community acts. Given that the Community law making process is not yet entirely driven by democratic principles, it appeared to be of the utmost importance to ensure that private parties could obtain a review of the legality of Community acts that are harmful to their interests. Accordingly, the European Community Treaties provided for a system of judicial review open to private parties. In this system, the action for annulment occupies a central position, although there are other means by which a consideration of the legality of a Community act may be undertaken.
Comparative Financial Law: a Classification of the World’s Jurisdictions
Authors: Wood Philip R 
Published: November 2023

Abstract
This essay proposes a set of criteria for classifying the financial law of the world’s jurisdictions. The main fields of international finance are banking and capital markets. The field covers loans (especially syndicated loans and project finance), bond issues, trade finance, financial trading, e.g. in foreign exchange and derivatives, payments systems, custodianship of securities by financial institutions, security, and title finance. A self-imposed limit is that the chosen field does not cover corporate issues of equity shares. Nor does it cover ordinary commercial law-sale, transportation, construction, agency, employment, intellectual property and the like, although all of those often impinge on international financial transactions. Consumer law is outside our scope.
Linked Contracts
Authors: Hellner Jan 
Published: November 2023

Abstract
The expression ‘linked contracts’ is probably unfamiliar to most lawyers. As far as I know it is not common in any legal system, except possibly for certain branches. Nor does the expression refer to any special legal rule or concept. The object of this study is to draw attention to a number of factual situations that have distinct features in common but are treated by different legal rules. The situations are often well-known, although their similarities are rarely analyzed. In English law, such situations create problems under traditional principles of privity of contract and of consideration, which become apparent when ‘contracts for the benefit of third parties’ are contemplated. There is a Green Paper of the Law Commission that deals with this subject and raises some of the problems that are discussed here, al though they are there seen from another angle.
Breach of Contract and Recoverable Losses
Authors: Ramberg Jan 
Published: November 2023

Abstract
Few matters are so intriguing and difficult as the determination of compensation for losses incurred as a result of breach of contract. The main principle that the party affected by the breach should be put in the same financial situation as he would have been except for the breach would usually be accepted. But it is one thing to state an abstract principle and quite another matter to implement that principle in practice. It is difficult enough to determine hypothetically what the situation actually would have been if the contract had been duly performed.
When is an Agent’s Authority Irrevocable?
Authors: Reynolds Francis 
Published: November 2023

Abstract
It is a standard proposition in the law of agency that the principal may revoke the agent’s authority at any time, even if he promised for consideration or even by deed that the authority was to be irrevocable or would not be revoked, whether for a specified period or without limit of time. The reasoning is that the principal is conferring on the agent the power to commit him: the power is such a strong one that the principal must be free to call it back. It may of course be a breach of contract to do so. If so the principal will be liable in damages. But the equitable remedy of specific performance is not normally available in favour of the principal nor of the agent: personal services are involved to which it would not normally be applicable. This would, at least normally, also bar an injunction against revocation. In Hohfeldian terms the principal has the power to revoke but may not have the liberty to exercise the power: to do so may be a breach of contract. The revocation is nevertheless effective. As regards pure agency law these propositions must be correct.
‘Banking Law’ in the Twenty-First Century
Authors: Norton Joseph J 
Published: November 2023

Abstract
Of Professor Roy Goode’s numerous and significant contributions to the Academy, the one that most probably will shine the brightest and widest will be his audacious establishment of the Centre for Commercial Law Studies (CCLS) at the University of London. The primary objectives of the CCLS were and are (i) to promote, through advanced teaching, research and research seminars/conferences, the systematic study of national, European, and international ‘commercial law’ in a broad and interconnected context, and (ii) to develop an institutional base of interdisciplinary knowledge and know-how that could be placed at the service of government, the legal profession, industry, and commerce.
Banking Networks
Authors: Cranston Ross 
Published: November 2023

Abstract
Roy Goode’s legal versatility, and penetrating analysis, are evident in banking as in other areas of commercial law. He has covered the traditional areas such as bills of exchange, letters of credit, and the banker-customer relationship in two editions of Commercial Law and in several illuminating articles. He has also examined modern banking practices: there is the seminal book on payment, Payment Obligations in Commercial and Financial Transactions (1983), his thought-provoking lecture, ‘The changing face of banking and finance: some legal implications’,2 and his most recent work on securities systems.
The ‘Best Practices’ Approach to the Uniformity of International Commercial Law: the UCP 500 and the NAFTA Implementation Experience
Authors: Kozolchyk Boris 
Published: November 2023

Abstract
Roy Goode is a scholar’s scholar and a gentleman’s gentleman. Rarely have devotion to truth, learning, and humaneness blended so well and so wittily. I consider myself fortunate to be his friend and for having shared common research interests for approximately three decades. In 1989, we discussed his justly famous study on formal abstract promises. He and Eric Bergsten had just finished another pathbreaking study on electronic commerce in which he found that despite their economic significance, many of these transactions lacked legislative, administrative, or judicial approval. He asked me whether I agreed with him that it was custom that made these trade association transactions binding.