bluuebunny/crossref_metadata_2025_split huggingface dataset:
Third cornerstone: forum clauses
Authors: Kruger Thalia 
Published: November 2023

Abstract
The definition of prorogation is that parties agree a certain court will hear a dispute or disputes between them and in this way they grant jurisdiction to that court. Derogation is the flip side of the coin, meaning that other courts are deprived of their jurisdiction by the fact that a specific court or specific courts had been chosen. In this chapter the term ‘derogated court’ will be used to refer to a court that would have had jurisdiction under the applicable rules, but that has lost its jurisdiction as the result of a forum clause.
Introduction
Authors: Gormley Laurence W 
Published: November 2023

Abstract
The establishment of the customs union lies at the very heart of the system set up by the EC Treaty, and the free movement of goods is an indispensable condition for the establishment of the common market within the Community. The importance attached to the achievement of the customs union and to the concept of the free movement of goods is demonstrated by their pride of place in the structure of the Treaty.
Origin and Valuation of Goods
Authors: Gormley Laurence W 
Published: November 2023

Abstract
The common definition of the origin of goods is contained in Council Regulation 2913/92, and applies to the free movement of goods within the Community as well as to non-preferential trade with third countries. All preferential trade agreements also contain rules as to the determination of the origin of goods. The definition of the origin of goods is of fundamental importance in determining the applicable import or export duties to be paid as well as whether the goods are subject to any commercial policy measures.
Goods Leaving the Customs Territory of the Community
Authors: Gormley Laurence W 
Published: November 2023

Abstract
Goods leaving the customs territory of the Community, with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory without a stop in this territory must be covered either by a customs declaration or, where a customs declaration is not required, a summarydeclaration. Where goods leaving the customs territory of the Community are assigned to a customs-approved treatment or use for the purposes of which a customs declaration is required under the customs rules, such customs declaration must be lodged at the customs office of export before the goods are to be brought out of the customs territory of the Community.
Privileged Operations
Authors: Gormley Laurence W 
Published: November 2023

Abstract
The Community system of reliefs from import duties or export duties and measures adopted on the basis of Article 133 EC is governed by Council Regulation 918/83 which sets out those cases in which, owing to special circumstances, relief from import duties, export duties, and measures adopted on the basis of Article 133 EC is to be granted respectively when goods are put into free circulation in or are exported from the customs territory of the Community.
Customs Debt
Authors: Gormley Laurence W 
Published: November 2023

Abstract
Where, in accordance with customs rules the customs authorities require security to be provided in order to ensure payment of a customs debt, such security must be provided by the person who is liable or may become liable for that debt. The customs authorities must require only one security to be provided in respect of one customs debt. Where security is provided under a customs procedure which may be used for specific goods in several Member States, that security is to be valid in the Member States concerned. Where the person who has incurred or may incur a customs debt is a public authority, no security must be required. The customs authorities may waive the requirement for provision of security where the.
Elimination of Quantitative Restrictions and Measures Having Equivalent Effect between Member States
Authors: Gormley Laurence W 
Published: November 2023

Abstract
The second method of ensuring that trade between Member States was liberalized was the abolition and prohibition of quantitative restrictions and measures having equivalent effect between Member States. This is achieved by Articles 28 to 30, of the EC Treaty. Quantitative restrictions themselves are easy to define and it is clear that they cover bans on the import or export of goods as well as the imposition of quotas. The concept of measures having equivalent effect is, however, unique, having no direct equivalent in the General Agreement on Tariffs and Trade or in any previous trade treaty. The scope of measures is not confined to governmental measures, although except in respect of the use of national industrial and commercial property rights Articles 28 to 30 are applicable only in respect of measures attributable to the State. It is now clear that damages may be claimed for loss suffered through breach of Articles 28 to 30.
State Monopolies of a Commercial Character
Authors: Gormley Laurence W 
Published: November 2023

Abstract
Separate provisions relating to state monopolies of a commercial character are included in the part of the EC Treaty dealing with the abolition of quantitative restrictions and measures having equivalent effect, in order to ensure that the effect of Articles 28 to 30 is not circumvented, in particular, by means of exclusive rights to import and export which could prevent the achievement of a single market under equal conditions of competition.
Customs Cooperation and Mutual Assistance
Authors: Gormley Laurence W 
Published: November 2023

Abstract
Two major instruments presently govern mutual assistance in the customs field: Council Regulation 515/97 deals with mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters; Council Directive 2008/55 deals with mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures. Both these measures contain provisions which are of major importance for individuals as well as for customs authorities and others. The current multiannual programme for customs in the Community (Customs 2013) is set out in European Parliament and Council Decision 624/2007.
Objectivity, Mistake and the Parol Evidence Rule
Authors: Stevens Robert 
Published: November 2023

Abstract
The majority decision of the House of Lords in Shogun Finance Ltd v Hudson has received extensive criticism from academics, with the conclusion reached in the minority speeches being almost universally preferred. The thesis which is put forward here is that the reasoning of the majority is unimpeachable, and that even if the policy objections of the minority, and others, were to be accepted, the correct vehicle for obtaining these goals is not the disruption of the settled rules of contract formation. There are two significant sources of confusion. First, within the law of contract the compromises the authors of textbooks are forced to make in dividing up the law for purposes of exposition can obscure the fact that many rules have the same principled basis.
Force Majeure Clauses: The Gap between Doctrine and Practice
Authors: Mckendrick Ewan 
Published: November 2023

Abstract
Contract terms tend to get a raw deal in textbooks on the law of contract. If they are mentioned at all, they are dismissed to the margins. Exclusion clauses are the exception which proves the rule. For some reason they tend to be treated relatively generously (in terms of space) in the books. By comparison, force majeure clauses fare rather badly. They are not mentioned at all in a number of contract textbooks and, where they are discussed, their discussion can be located in unusual places. For example, in Chitty on Contracts force majeure clauses are discussed in the chapter devoted to exemption clauses and not, as one might expect, in the chapter on the doctrine of frustration. It is rather surprising that the analysis of the doctrine of frustration in the books rarely makes any reference to force majeure clauses.
Retention of Title Clauses: A Question of Balance
Authors: Gullifer Louise 
Published: November 2023

Abstract
In a contract for sale of goods the use of a clause retaining title until payment is extremely widespread both in the commercial and the consumer context. The purpose of such clauses is clear: to provide the seller with a proprietary claim in the event of non-payment. These clauses therefore stand at the intersection of contract and property: although freedom of contract might dictate that the parties can agree any allocation of property rights they choose, such allocation affects third parties, and there might be policy reasons to restrict the parties’ freedom in order to balance the rights of the seller with those of other parties. This chapter examines the policy arguments involved in this balancing exercise, the techniques used to achieve the balance in various jurisdictions, and the possibilities of reform and harmonization in this area.
The Case of Renewable Energy Sources in the European Union: Between Market Liberalization and Public Intervention
Authors: Soares* Claudia Dias 
Published: November 2023

Abstract
According to the International Energy Agency,1 the electricity market is one of the most promising fi elds for renewable energy development. Furthermore, energy policy is among the most relevant public policies for sustainable development. Therefore, regulatory policies in energy markets are touchstones in environmental strategies. These policies can work both as facilitators of environmental goals and as obstacles to such goals’ fulfi lment. Due to this interconnection and for the sake of policy coordination it is necessary to align objectives pursued and means used within each of the referred policies.
Australia’s Greenhouse Measures Provide the Answer to Reducing Greenhouse Gas Emissions-the Alternative to ‘Environmentally Related Taxes’?
Authors: Mortimore* Anna 
Published: November 2023

Abstract
The Australian government did not ratify the Kyoto Protocol Agreement on 16 February 2005, as not all major emitters signed the agreement,1 and it was not in Australia’s economic interest being one of the world’s leading nations in the exportation of energy resources. Even so, the Australian Government claims that every effort will be made to achieve the country’s Kyoto Protocol obligation of limiting its greenhouse gas emissions to 108 per cent of 1990 levels by 2008-12 from the implementation of its ‘greenhouse measures’.
Taxation of Energy-Related Risk Activities
Authors: Herrera Pedro M , Chico Pablo , Grau* Amparo 
Published: November 2023

Abstract
The concept of tolerance charges was introduced by German literature 1 and refers to levies paid as consideration for a licence authorizing legal but undesirable activities. Nevertheless, ‘tolerance’ may also refer to activities that are forbidden but not prosecuted; hence the preference in Latin-American literature for the term ‘nuisance or risk activity charges’.2 Moreover, in this area the differences between taxes and charges are not always clear cut. National legislators may place very similar levies on environmental risk activities, classing them, at their will, as taxes or charges.3
The Political Economy of Integrating Markets for Tradable Renewable Energy Credits: Lessons from the Swedish-Norwegian Case
Authors: Söderholm Patrik , Ek Kristina 
Published: November 2023

Abstract
An essential component of the European Union’s energy policy is the promotion of renewable energy sources in its Member countries. However, while the Renewable Energy Directive (Directive 2001/77/EC) outlines quantitative goals for the development of renewable energy in each country, it also provides substantial freedom on the parts of national governments to select the policy instruments needed to fulfi ll these goals. This has left the European landscape of renewable energy policy with a wide array of different support systems.1 Given the benefi ts of international coordination of energy markets and policies, there exists, though, a need to increase our knowledge of how disparate national systems can be integrated in ways that maintain both policy legitimacy and effectiveness.
Time-dependent flow
Authors: Bruus Henrik 
Published: November 2023

Abstract
We continue the study of time-dependent phenomena and turn our attention to unsteady flow problems. Four selected topics will be treated: the onset of a Couette flow, the transient decay of a Poiseuille flow in a cylindrical microfluidic channel when a constant driving pressure is applied abruptly, the steady state of an incompressible fluid with harmonically oscillating boundary conditions, and the accelerated motion of a spherical body in a fluid. Not surprisingly, the mathematical treatment becomes more complex than previously.
Electroosmosis
Authors: Bruus Henrik 
Published: November 2023

Abstract
The reason is that in equilibrium (in the center-of-mass system) there are no current densities, even though the fields themselves may be non-zero. We have already used this fact implicitly in Section 3.4.1, where for a horizontally placed channel the gravitational force was balanced by minus the gradient of the hydrostatic pressure peq(z) = ρgz, and in Section 8.3.1, where the electrical force in the Debye layer was balanced by minus the gradient of a concentration-dependent pressure, see Eq. (8.20).
Two-Phase Flow
Authors: Bruus Henrik 
Published: November 2023

Abstract
In the previous chapters we have been concerned with the microfluidic properties of a single liquid. In Section 5.2 we went beyond the case of a pure liquid and studied the convection-diffusion equation for solutes in a solvent. This theme was extended in Section 8.3, where we analyzed the influence of dissolved ions on the electrohydrodynamic properties of electrolytes. The topic of the present chapter is the behavior of two different fluids flowing simultaneously in a microchannel; a situation denoted two-phase flow. We will treat examples of flow involving either one liquid and one gas phase, or two different liquid phases.
Stakeholders: Each Group Holds a Different Image and Reputation
Authors: Dowling Grahame 
Published: November 2023

Abstract
Chapter 1 emphasized that an organization does not have a single image or reputation-it has many of them. In fact, each person will form a (slightly) different evaluation of an organization! This diversity presents a daunting task only if you try to manage all these separate evaluations. What is needed is a way of clustering people into groups who are likely to hold similar evaluations of the organization, dissimilar from those of other groups. Chapter 1 referred to these people as stakeholders. Here the task is to split these stakeholders into a manageable number of groups. This grouping is based on one of the fundamental organizing principles of modern marketing, namely, market segmentation.
How Corporate Images are Formed: Identifying the Pieces of the Jigsaw Puzzle
Authors: Dowling Grahame 
Published: November 2023

Abstract
Chapter 2 left us with the problem that different stakeholders form different corporate images and reputations. The Air-India case study illustrated what happens when the harmony among some of these stakeholder groups is broken. Fortunately, such severe conflict is rare. What this discussion suggests is that different sets of factors will drive the images that each group forms.1 The aim of this chapter is to identify these factors.
Corporate Identity: What You See Is Often Less Than What You Get
Authors: Dowling Grahame 
Published: November 2023

Abstract
This year, with the help of corporate identity consultants, hundreds of organizations will change one or more of their identity symbols. For a big company these changes are expensive. For example, it has been estimated that it cost International Harvester between $13 and $16 million to change its name to Navistar (consultant expenses, signage, stationery, etc.); the change from Burroughs and Sperry to Unisys about $15 million; UAL Inc. to Allegis a bit more than $7 million, and AT&T’s spin-off Lucent Technologies $50 million.1 These dollar costs exclude the management time taken to effect the changes, and the emotional costs of the people involved with the change. Arguably, many such corporate identity changes will not achieve a positive return on the fully costed investment. Because organizations invest so much time, money, and emotion in their corporate identity symbols, there is a need to demystify the ability of these symbols to have a positive impact on the performance and corporate image of an organization.
Country, Industry, Partner, and Brand Images: Leveraging Secondary Associations to Enhance a Corporate Image
Authors: Dowling Grahame 
Published: November 2023

Abstract
People often associate certain types of products with a particular country. For example, to many people Italian leather goods, French wine, Chinese food, Swiss watches, Japanese cameras, and US films are all special. Within these product categories brands like Gucci have helped enhance the image of other Italian leather manufacturers, and famous French champagne brands like Moët & Chandon have helped to promote the French wineries. This chapter focuses on the relationship between country, industry, company, and brand images. To illustrate the importance of understanding these relationships for an organization consider how two UK companies enhanced their corporate/brand images by linking them to their US parent company.
Measuring Images and Reputations: What Do Stakeholders Actually Think?
Authors: Dowling Grahame 
Published: November 2023

Abstract
One thing that we have learnt from the discipline of marketing is that the most dangerous place to look at stakeholders is from behind a desk. The simple truth of the matter is that the only way accurately to gauge what people think of an organization is to ask them. This is easy to say, but often difficult to do, because it takes (valuable) time; it costs money that has no direct contribution to generating bottom-line profit in the period in which it is spent; most organizations will need to employ the services of an outside market research firm to help; and it is not intuitively obvious how one measures elusive concepts such as corporate image and corporate reputation. Any of these reasons is generally sufficient to kill the idea of measuring corporate reputations—especially year after year.
Recap: Avoiding the Twelve Most Common Traps
Authors: Dowling Grahame 
Published: November 2023

Abstract
At the beginning of this book, I made the point that good corporate images and reputations have operational value—as reflected in the leverage they provide to the company’s organizational culture and external marketing. I also identified that stakeholder confidence, trust, and support are the key outcomes of a good reputation. These good reputations define corporate super-brands.
Work and Membership of the Labour Force
Authors: Supiot Alain 
Published: November 2023

Abstract
The whole concept of membership of the labour force as built up over the years by labour and social security law reflected the Fordist production regime, as articulated in the different variants already mentioned in Chapter 1. It was a relatively homogeneous and stable status whose ideal model was the male head of household (the breadwinner) who would typically undergo a relatively short period of initial vocational training before working on a permanent basis in the same job or same type of job in the same company or at least in the same occupation before taking well deserved retirement just a few years before his death. However, working career arrangements varied depending on the importance of selfemployment and micro-firms (typical of Southern European countries and reflected in the persistence of ‘long’ family arrangements protecting young adults from a more difficult entry into the world of work), or, alternatively, the presence of an increasing number of foreign guest workers (particularly in Germany) along with clearly diversified training-entrycareer paths for native youth (reflected in the importance of the dual training system).
The Social Legitimization of an ‘Untimely’ Institution: The Case of the First Bulgarian University
Authors: Boyadjieva Pepka 
Published: November 2023

Abstract
The question this essay seeks to answer is essentially this: How could a university gain social legitimacy when the conditions of its founding are such that they cause public opinion to deem it either premature or redundant? This question will be discussed within the framework of the history of the first Bulgarian School of Higher Education.
Sources And Scope Of Civil Procedure
Authors: Andrews Neil 
Published: November 2023

Abstract
The courts make constant reference to CPR Part One. For example, in one case, where there was no written rule governing the question, the Court of Appeal invoked the Overriding Objective as important guidance in resolving a novel point of procedure.18 The case concerned a jury trial of a claim for maliciousecution and false imprisonment. One of the jury’s verdicts related to a question which had been misleadingly presented on the question sheet. As a result, the jury gave an unintended answer. After delivering its verdict, the jury was discharged.
Leading Procedural Principles
Authors: Andrews Neil 
Published: November 2023

Abstract
In Chapter 3 it was explained that principles would be examined under two headings, ‘fundamental procedural guarantees’ and ‘leading principles’. The former were treated in Chapters 4 and 5. Now it is time to discuss the remaining ‘leading principles’. The discussion should also be juxtaposed with Article (1) of the European Convention on Human Rights, which receives separate discussion in Chapter 7.
Sanctions Against Procedural Non-Compliance
Authors: Andrews Neil 
Published: November 2023

Abstract
Before the CPR was introduced, the courts had sometimes adopted an extremely strict approach to this matter. But such severity was unpopular among many litigants, legal advisors and judges at ﬁrst instance. Indeed it was possible to disern a judicial reaction to this matter during the period immediately before the CPR was introduced. During this phase the pendulum swung in favour of a more ﬂexible judicial approach of measured leniency.
Abuse Of Process
Authors: Andrews Neil 
Published: November 2023

Abstract
No doubt the paradigm form of abuse of process concerns deliberate manipulation, distortion or frustration of the civil process by a litigant, lawyer, judge or official, or by a non-party. Such misconduct is serious and threatens to subvert the action, as well as constituting an attack upon the integrity of the civil justice system. But it is clear that abuse of process does not require any element of bad faith and so can occur in an ‘objective’ sense. Examples of the courts’ adopting an ‘objective’ version of abuse of process are: the courts’ capacity to bar claims if the claimant’s earlier action on the same facts was struck out because he had been guilty of excessive and unjustified delay; barring a claimant’s illegitimate attempt to re-litigate a civil matter;
Protective Relief: Freezing Injunctions And Search Orders
Authors: Andrews Neil 
Published: November 2023

Abstract
In 1996, the International Law Association at a meeting in Helsinki, promulgated certain ‘Principles on Provisional and Protective Measures in International Litigation’. Its 22 paragraphs are presented in the Appendix to this chapter. Here it is enough to note that its formulation sits comfortably with the English phenomenon and practice except in the matter of territorial scope. The (draft) Principles of Transnational Civil Litigation which are being considered by UNIDROIT and the American Law Institute also assume that such forms of relief will be available in legal systems which choose to apply those principles.