bluuebunny/crossref_metadata_2025_split huggingface dataset:
Trials and Anomie
Authors: Rock Paul 
Published: November 2023

Abstract
l had no early knowledge of the trial and I could not have selected it in advance for study. Like Evans’s case, it was not considered memorable and, indeed, it was not very clitterent from others. It attracted no interest from lawyers or Journalist. The staff of the Court did not single it out for comment. And it was that very ordinariness which made its emotional pitch, pathos, and theatricality the more remarkable. This case study should illustrate a number of matters. It will be my sole opportunity to provide a dense, continuous, and linked description of a single piece of activity in the Court, and it is for that reason that I shall reproduce some extensive passages of talk between counsel and witnesses.
lntercommunal Negotiations 1968-1974
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
In January 1968 Archbishop Makarios issued a statement to the ‘people’ of Cyprus and in this he stated the following: The Cyprus problem had entered a critical stage. The two main factors which had contributed to this development were the failure of the direct Graeco-Turkish dialogue and the withdrawal from Cyprus of the Greek military forces. These two factors had created circumstances and conditions ‘dictating a realistic reappraisal of the handling of the Cyprus problem’. A solution had to be sought ‘within the limits of what was .feasible’, which did not always coincide with the limits of what was desirable.
The Constitution of the Turkish Republic of Northern Cyprus
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
On 15 November 1983 the Turkish Republic of Northern Cyprus was proclaimed by the unanimous vote of the Legislative Assembly of the Turkish Federated State of Cyprus, a democratic representative institution of the Turkish people of Cyprus.1 The proclamation emphasized, inter alia, that the declaration of statehood was a manifestation of the right to self determination of the Turkish Cypriot people of Cyprus. After the failure of the proximity talks and the summit meet ing,3 due to refusal of the Greek side to agree even on a framework for future negotiations on the creation of a federal state, the Turkish Cypriot side intimated that it could no longer shelve plans for a referendum on the constitution of the new Republic and the holding of elections.
The 1992 Administrative Tribunals Law: An Introductory Note
Authors: Landau Moshe 
Published: November 2023

Abstract
In these notes, I propose to focus on matters pertaining to the legal organization of administrative tribunals in Israel and to the rules of procedure and evidence to be applied in such tribunals. I shall do so in light of a recent piece of Israeli legislation, the Administrative Tribunals Law (‘the Law’) which the Knesset passed in February 1992. My subject is closely circumscribed: it does not include matters concerning substantive administrative law, as applied by administrative tribunals (‘tribunals’) in Israel, nor does it include the kindred subject of the internal review of administrative action by recourse to a higher echelon within the administrative hierarchy. These two subjects of administrative law have not as yet been dealt with by legislative enactment, but are still almost entirely within the domain of judge-made law.
M.K.Yossi Sarid v.Speaker of the Knesset, Menachem Savidor
Authors: Ben-Porat J , Barak J , Levin D J 
Published: November 2023

Abstract
On Tuesday, 1 December 1981, at 11.40 a.m., the [Labour] Alignment faction submitted a motion of non-confidence in the Government. The Speaker of the Knesset decided that the no-confidence motion would be debated on Wednesday, 2 December 1981, and that the sitting would con­vene at 5.00 p.m. Knesset Member Yossi Sarid petitioned the Court against the scheduling of the sitting in the afternoon hours. He argued that under rule 36(a) of the Knesset Rules, a motion of no-confidence is required to be debated ‘at the next regular sitting’, and that sitting had long since been scheduled for Wednesday at 11.00 a.m. The petitioner con­tended that the delay in convening the sitting was designed to allow sev­eral Knesset Members, who support the Government, to return to the country in time for the vote, and that this consideration, which motivated the Speaker of the Knesset, is not legitimate, since the Speaker thus became ‘an instrument in the hands of the Government’.
Unreasonableness, Balance of Interests and Proportionality
Authors: Zamir Itzhak 
Published: November 2023

Abstract
In recent years, the Supreme Court of Israel has developed three separate grounds for reviewing administrative action: ‘unreasonableness’, ‘balance of interests’, and ‘proportionality’. While balance of interests and proportionality were once considered mere instances or sub-categories of the more inclusive standard of unreasonableness, this approach no longer reflects the law in Israel. Balance of interests and proportionality have developed into separate grounds of review. This article considers the distinct features of each of these three grounds of review.
Uri Ganor, Advocate and others V.The Attorney General
Authors: Shamgar P , Barak J , Levin S J 
Published: November 2023

Abstract
On 12 November 1989, the Attorney General, Mr Yosef Harish, decided that ‘I do not see a public interest in returning and once again imposing on the public the cost and the nuisance and the strain of yet another round in the bank shares affair.’ Thus, it was decided, regarding the accountants, to bring the matter before the Accountants’ Council in order to ensure a full and comprehensive investigation. Is there a legal basis for this decision or should it be invalidated? These are the questions to be decided in the petition before us.
Judicial Review of Administrative Action in the Territories Occupied in 1967
Authors: Benvenisti Ey Al 
Published: November 2023

Abstract
The Supreme Court of Israel, in its capacity as the High Court of Justice, adjudicates complaints of Palestinians concerning the acts of the Israeli authorities in the territories occupied since the June 1967 war. Initially the Court was hesitant, as a matter of law, to extend its jurisdiction over the acts of the military authorities in the territories.
State Obligations
Authors: Craven Matthew C R 
Published: November 2023

Abstract
Article 2(1) could be described as the linchpin of the ICESCR. It describes the duties incumbent upon States parties in the realization of the rights contained in the Covenant, an understanding of which is of critical importance both as to the substance and implementation of the Covenant as a whole. Quite appropriately the Committee has produced a General Comment on the subject of article 2(1) which has formed the basis for the Committee’s approach to the Covenant in general.
The Right to Form and Join Trade Unions
Authors: Craven Matthew C R 
Published: November 2023

Abstract
As is recognized in a number of human rights instruments, the right to join and form trade unions may be seen to derive from the more general right to freedom of association. That it has been given specific legal recognition over and above other forms of association is a reflection of the fact that freedom of association for trade union purposes has become 'a major postulate of democratic government in an industrial society' ,3 Trade unions not only form one of the most common forms of association, but they have also played a historic role in the protection of the rights and interests of workers. Identification of the instrumental value of trade unions in the realization of other economic and social rights (particularly the right to just and favourable conditions of work) is reflected in the value placed upon the rights of trade unions themselves in the Covenant ( articles 8( 1 )(b) and ( c) ), as opposed to the rights of the individual trade union members.
Discrimination and Inequality of Treatment
Authors: Amerasinghe C F 
Published: November 2023

Abstract
As has been seen in the previous chapter, a discretionary power may be reviewed because there has been a détournement de pouvoir. In a sense, when a power is exercised in such a manner that it results in discrimination or inequality of treatment, its exercise may be regarded as involving an abuse of purpose or motive or a détournement de pouvoir. Indeed, it is normally assumed that discrimination and inequality of treatment should be treated as categories of détournement de pouvoir. However this may be, in fact in cases where discrimination or inequality of treatment is alleged rarely is there actual focus on the purposes or objects behind the grant of the discretionary power concerned or, for that matter, on the purpose or motive underlying the exercise of the power. Indeed, in the cases decided by international administrative tribunals, discrimination and inequality of treatment are generally not dealt with as specific examples of abuse of purpose or motive. Rather, they are usually treated as special cases of misuse of authority or abuse of discretion in the broad sense.
Amendment, Acquired Rights, and Essential Conditions
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Although the power of international organizations to legislate as such in respect of their staff whose employment was initially particularly based on contract was not clearly admitted in the early days of the League of Nations, it is now generally conceded that international organizations do have such a power. Not only did the ICJ in the Effect of A wards of Compensation Case describe the General Assembly of the UN as ‘an authority exercising a power to make regulations’ and state that the General Assembly could amend the Staff Regulations and make new ones, but many of the States and organizations which submitted pleadings in the Effect of A wards of Compensation Case were of the opinion that the General Assembly of the UN had a legislative power over the staff of the UN, although this power was a limited one. The ILOAT early in its jurisprudence on several occasions referred to instruments enacted by international organizations as legislative enactments, while the UNA T has implicitly acknowledged the power of such organizations to lay down Staff Regulations.
Remedies in the WBAT
Authors: Amerasinghe C F 
Published: November 2023

Abstract
The Statute of the WBAT deals extensively with the remedies that the tribunal may grant. The provisions of the Statute relating to remedies are similar to those in the UNAT Statute, with a few differences.1 The tribunal has not, as already noted in Chapter 26, given these provisions a rigid interpretation. It has exercised inherent powers vested in it, presumably by general principles of law, to grant remedies in combinations and circumstances other than those referred to in these provisions.
Costs
Authors: Amerasinghe C F 
Published: November 2023

Abstract
International administrative tribunals have generally awarded costs for expenses incurred in litigation where they have seen fit. This is so, as will be seen, whether their Statutes expressly authorize the award of costs or not. In fact few Statutes refer specifically to the question of costs. As already seen in Chapter 26, it seems to be a general principle of law that an international administrative tribunal, although a court of limited jurisdiction, has authority to award costs, where appropriate. In general, except where the Statute of the tribunal states otherwise, tribunals observe the maxim ne ultra petitum in not awarding costs, unless they are requested by the party concerned, but this is not always the case. The ILOAT, for instance, would award costs even where the applicant has not requested them.
Classification and Grading of Posts
Authors: Amerasinghe C F 
Published: November 2023

Abstract
In almost all international organizations, posts are assigned certain grades or classified, primarily in order to ensure that officials with comparable powers and performing comparable duties are paid comparable salaries or are placed in the same salary range or bracket. As was stated by the management of the World Bank in a circular to staff members, one of the main objectives of the job grading programme recently initiated by the World Bank was ‘to assure all positions are graded properly and fairly so as to ensure equal pay for work of equal value and fair salary differential between work of different values.’ In the process, which may vary widely from organization to organization, generally posts are assigned a grade or classification according to the content of the job done which depends on a description, express or implied, of the duties and powers associated with a particular post, sometimes called a ‘job description’. Since the primary objective of the grading or classification of posts is equitable salary administration which is achieved by the grouping of posts in categories or grades, the whole process of grading or classification of posts can be a very sensitive issue and a very difficult one for organizations to administer.
The Redundancy of Knowing Assistance
Authors: Hoffmann Sir Leonard 
Published: November 2023

Abstract
Imagine two incidents in the daily business of a bank. In the documentary credits department, a first demand performance bond issued on behalf of a customer in the Middle Eastern construction business has been presented for payment. A fax has been received from the customer’s solicitors, saying that there are no grounds whatever for a claim on the bond and that the beneficiary, a state owned Middle Eastern corporation, is flagrantly attempting to help itself to a discount on the price. Once payment has been made, there will be little chance of recovery in the courts of the beneficiary’s country. On the other hand, the demand is accompanied by a fax from the beneficiary, which so far as legible and intelligible, seems to list a catalogue of defects in the construction.
Gifts of Other People’s Money
Authors: Birks Peter 
Published: November 2023

Abstract
Charities, political parties and lovers, if one may use that word to embrace both sexes, have this in common, that they are frequently the objects of generous although not always disinterested giving. The Asil Nadir affair, however, and the recent experience of the Conservative party in that matter, recall what is anyhow well known, that some donors find it easier to be openhanded with money other than their own. A question thus arises in the law of restitution. When the story comes out, must the donee make restitution to the true but unknowing benefactor? Suppose, for example, that a tycoon takes the money of one of his companies and gives it to a political party. Can the company reclaim that money and, if so, under what conditions? Does it have to show that the money is still in the hands of the political party? Does it have to establish that the party knew that the donor was misdirecting money not his own? The answers to these questions are not in serious doubt. Yes, the company can recover. No, it need not show either that the money survives or that the donee knew. The restitutionary liability of the donee is strict, albeit subject to defences. But a number of cases, all of them argued on the basis of chancery authorities but few of them actually concerned with donees, have somewhat muddied the waters.
Introduction: Governing with Rules
Authors: Baldwin Robert 
Published: November 2023

Abstract
At first glance the world appears to be regulated by a host of different kinds of rule. The park by its by-laws, the city by its codes of practice, and the public corporation by its statute law. A second look, however, dispels the notion that all aspects of life are so tightly governed. Some activities are not covered by rules at all, large areas of action are unregulated, and in many fields the supposedly governing rules are bypassed, or compli-ance is so lacking that intended results are not achieved. Those engaged in government may proceed by means other than by the application or promulgation of rules. They may act executively or managerially, by means of decisions linked to inquiries, by consultations, mediations or arbitrations, or they may establish a variety of procedures for dealing with issues on a case-by-case basis. In some sectors, constraints on behavior operate but not in the form of rules-thus other, perhaps political, cultural, or social systems of controlling, checking, and scrutinizing may take effect. Why different processes or controls are in operation is often not immediately explicable. ‘What’, one might therefore ask, ‘can best be done according to rules?’
The Crown Prosecution Service: The Potential Sentencers
Authors: Fionda Julia 
Published: November 2023

Abstract
THE prosecution system of England and Wales has been the subject of possibly the most significant, fundamental reform programme in British criminal justice this century. The creation of a new, independent public prosecution service in 1986 heralded a constitutional breakthrough in removing the responsibility for the prosecution of criminal offences away from the police and investing it in a new, publicly accountable agency, thereby ending a tradition of over 150 years. The police were designated the first public prosecutors in 1829, rather more circumstantially than deliberately, due to the absence of a suitable alternative public agency. They have finally now been returned to their primarily investigative role. Fifty years later the post of Director of Public Prosecutions (DPP) was established by the Prosecution of Offences Act 1879 to: ‘institute, under take or carry on such proceedings and to give such advice or assistance to chief officers of police, clerks to the justices and other persons, as may be for the time being prescribed by Regulations under this Act or may be directed in a special case by the Attorney-General.’ The nature and number of cases in which the DPP is entitled to intervene, however, is relatively small and includes a number of serious offences such as homicide cases, large-scale fraud cases (under the Prosecution of Offences Regulations 1978), complaints of alleged criminal behaviour committed by a police officer (under s. 49 of the Police Act 1964), and a number of sensitive areas of criminality where the DPP’s consent is required before a public prosecution can proceed.1 Under the Prosecution of Offences Act 1985, s. 1(7), any Crown Prosecutor can now act on behalf of the DPP in consenting to such prosecutions.
The German Prosecution System: The Developing Sentencers
Authors: Fionda Julia 
Published: November 2023

Abstract
The office of public prosecutor in Germany is relatively new. The office of Staatsanwaltschaft, created around the middle of the nineteenth century, was essentially a compromise between the earlier situation in which an inquisitorial judge carried the responsibility for the investigation, prosecution, and adjudication processes, and a suggested alternative, in which the injured party should take over the prosecution role, with extensive rights of private prosecution. In the former situation, the prosecutor was found to be too closely connected with the investigative and adjudication processes to be sufficiently objective. The latter situation, with no public monopoly over prosecution, was thought to be equally undesirable.
Obligations of Non-Discrimination
Authors: Qc Herne Hill , Joseph Sarah 
Published: November 2023

Abstract
Discrimination, inequality, and prejudice occur throughout the world, including the United Kingdom. They can involve the most insidious human rights problems, especially if they are historically, and even unconsciously, rooted in a population’s psyche. American slavery, the Holocaust, and South African apartheid are among the countless tragic episodes that show how discrimination can engender gross human rights abuses, affronting human dignity.
The Complementarity of the Covenant and the European Convention on Human Rights—Recent Developments
Authors: Schmidt* Markus G 
Published: November 2023

Abstract
It goes without saying that both the European Convention on the Protection of Human Rights and Fundamental Freedoms (‘ECHR’ or ‘European Convention’) and the International Covenant on Civil and Political Rights (‘ICCPR’ or ‘Covenant’) are milestones in the international community’s post-war endeavours to strengthen the international protection of human rights and fundamental freedoms. Both protect a fairly comprehensive range of civil and political rights. While the scope of coverage of the two instruments is comparable, there are nonetheless some noteworthy differences. The following passages propose to highlight and to analyse some of these differences, without purporting to be exhaustive.
The Law of Subrogation
Authors: Mitchell Charles 
Published: November 2023

Abstract
This book seeks to rationalize the position of the doctrine of subrogation within the general law of restitution. Within a systematic analytical framework, it gives a full account of the developing English and Commonwealth law of subrogation, and a selctive use is also made of United States decisions. A number of false assumptions which have entered the case-law are exposed, and the principles upon which subrogation should be awarded are set on a regular basis. Subrogation is a remedy which can be awarded in many different contexts, and this definitive account will be useful not only to restitution lawyers, but also to academics and practitioners concerned with the law of property, commercial law (in particular, the law of insurance, bills of exchange, and principal and surety), and even family law.
When Does Payment by an Intervener Discharge Another Party’s Obligations?
Authors: Mitchell Charles 
Published: November 2023

Abstract
To determine whether the type of subrogation to which S may be entitled is simple or reviving subrogation, it must first be known whether or not PL’s obligations have been discharged and RH’s corresponding rights extinguished. In essence there are three different routes by which S’s money can come to be paid to RH: Scan pay money to PL which PL then pays to RH; S can himself pay RH directly; S can pay money to some fourth party X, which X then pays to RH. Where S pays money to PL and PL then pays the money to RH, there is usually no difficulty in saying that RH’s rights are extinguished by PL’s payment. However, under the present English law the position is far less straightforward where RH is paid not by PL himself, but by an intervener-that is, by either S or X.