bluuebunny/crossref_metadata_2025_split huggingface dataset:
Sources Of Law
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The Tribunal, as an international tribunal has the inherent power to interpret its own decisions in case of dispute between the parties as to their meaning or scope, even if its Statute contains no provision to that effect. The Hague Convention on Pacific Settlement of Disputes of 1907 gives expression to this general principle, when it provides in Article 82 that: Any dispute arising between the parties as to the interpretation and execution of the award shall, in the absence of an agreement to the contrary, be submitted to the decision of the tribunal which pronounced it.
Détournement De Pouvoir
Authors: Amerasinghe C F 
Published: October 2023

Abstract
In earlier cases arising from the Reorganization, the Tribunal has been confronted with claims that an applicant was improperly denied selection to a position that the Bank in fact gave to another staff member. This is the first case before the Tribunal in which an applicant claims to be qualified to serve in a post-Reorganization position that was left vacant. In such a case, a finding of redundancy must turn upon a conclusion that the content of the position was so defined as to render its previous occupant no longer qualified to discharge its responsibilities. Unsatisfactory performance by a staff member in his or her position prior to the Reorganization cannot alone furnish a basis for terminating service with the Bank on the ground of redundancy. To do so would be an improper use of the Reorganization procedures in order to avoid the protections otherwise afforded by the Bank’s governing documents-Staff Rule 7.01 in particular-for termination of employment, and would therefore constitute d étournement de pouvoir, subject to reversal by the Tribunal. (Jassal, Decision No. 100 [1991], para. 31)
Staff Association
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The Kafka System as adopted by the Executive Directors of the Respondents on May 24, 1979 stipulated that staff compensation should be reviewed in accordance with the following principles.there should be a comprehensive review of staff compensation every third year and in the intervening years pay should, in normal circumstances, be adjusted in the light of movements in the pay levels of comparator organizations in the chosen markets;
Miscellaneous
Authors: Amerasinghe C F 
Published: October 2023

Abstract
A staff member of the Bank sought to intervene in this proceeding in order to protect his asserted right to confidentiality of the contents of a report prepared in late 1987 by a committee especially appointed to look into charges of mismanagement in IAD. He claims that on a number of occasions the Bank gave him explicit assurances that the contents of the report would not be disclosed, and the Respondent has in fact acknowledged its confidential nature. Because the Tribunal has taken steps to preserve such confidentiality in connection with its earlier Order to make an abridged copy of the report available to the Applicant, and has otherwise satisfied the interest of the petitioning staff member to the degree it deems proper and possible, the Tribunal, without ruling on the issue of admissibility, decides that the application for intervention is in any event without object.
The Diplock Context
Authors: Jackson John , Doran Sean 
Published: October 2023

Abstract
There is a simple paradox which has attached to the operation of the Diplock court system since its inception in 1973. The idea of trying serious criminal cases without a jury is anathema to many educated within the common law tradition. To others, the system is undesirable but essential in the difficult circumstances which prevail in Northern Ireland. Others still have had no reservations about the removal of the jury from cases with ‘terrorist’ connections. Common to these reactions, however, is the realization that the introduction of trial by judge alone marked a departure from the realms of normal criminal procedure. Yet as we have noted, the transition to non-jury trials was unaccompanied by substantial formal modification to the traditional adversarial system of trial. This tension, between the general understanding of the Diplock court as something out of the ordinary and its cloak of legal normality, is central to this book.
Implied Assertions
Authors: Choo Andrew L -T 
Published: October 2023

Abstract
It will have been clear from the preceding chapters that the hearsay rule applies to express factual assertions made orally or in writing. Equally, the rule applies to express factual assertions made by conduct. Such conduct would include sign language, pointing to something or someone, nodding the head in response to a question or suggestion, shaking the head in response to the same, and so on. In Chandrasekera v. R., evidence was adduced that a murder victim, whose throat had been cut and who was therefore unable to speak, had made certain gestures indicating that it was the accused who was responsible for her injuries. Asked whether it was the accused who had cut her throat, she nodded. The Privy Council, drawing an analogy between this and the use of the finger alphabet by a person unable to speak, held that the evidence was hearsay, albeit hearsay which was admissible under an exception substantially similar to the common law dying declarations exception2 and contained in section 32 of the Evidence Ordinance 1895 of Ceylon.
Introducing the Examiners
Authors: O’Dell T H 
Published: October 2023

Abstract
Secret patents got off to a good start in the twentieth century when a question on them was asked in the House of Commons on 22 April 1901. William Redmond, MP for East County Clare, asked the Secretary of State for War to comment on the fact that two academics, who were also consultants to the War Office, had just applied for patents, in their own names, on improvements to detonators and explosives. William Redmond (1861-1917) was the younger brother of John Redmond (1851-1918), the leader of the Irish Nationalists at Westminster. His question on patents was the kind of question his party used, with good effect, continually to harass the government, at the time a radical Tory administration under the leadership of the Marquess of Salisbury and already embarrassed by its inability to bring the war in South Africa to an end. The question implied that some kind of corruption might be taking place, for the lay person, knowing that patents, like books, attract royalties for their authors, and that royalties by their very name must be of some consequence, would assume that great sums of money were involved. The Secretary of State had to give a full answer to the insinuation, and for the first time in Parliament some reasons were given for the policy on secret patents.
Between the Wars
Authors: O’Dell T H 
Published: October 2023

Abstract
The recognition that something might be wrong in the way that British industry had been organizing itself had come quite early in the 1914-18 war. In July 1915 a government paper outlining what the new policy should be for supporting industrial research stated: It is well known that many of our industries have since the outbreak of war suffered through our inability to produce at home certain articles and materials required in trade processes, the manufacture of which has become localized abroad, and particularly in Germany, because science has there been more thoroughly and effectively applied to the solution of scientific problems bearing on trade and industry and to the elaboration of economical and improved processes of manufacture (BPP 1914-16 (8005), 1. 351).
Introduction: Regulatory Competition and Institutional Evolution
Authors: Bratton William , McCahery Joseph , Picciotto Sol , Scott Colin 
Published: October 2023

Abstract
Reductions in border controls and other forms of state intervention have created a much greater potential for, if not always actual increases of, flows of goods, services, capital, and labour between jurisdictions. Talk of ‘globalization’ is widespread among observers, both popular and academic, who speculate about the implications of this increase in the fluidity and open ness of the world economic system. The reduction in border controls has brought more sharply into focus the ways in which differences in national arrangements, including regulatory systems, may act as ‘non-tariff-barriers’ hindering cross-border flows. At the same time, the concept of competition has emerged in a more pervasive form, and is invoked as a counterweight to these institutional constraints. Competitive markets are no longer under stood only as structuring private economic relations, but also as an actual or potential determinant of levels and modes of public provision and state activity. National governments are seen not only to respond to the politically-expressed wishes of their citizens, but to the exigencies of inter national market forces.
The Limits of Jurisdiction to Prescribe
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
Having opened up so many subjects in the first chapter, I hope to explore them one by one in the succeeding chapters. I want to start with a search for the limits, if any, of national jurisdiction over transnational activity. Everyone understands that a state has jurisdiction over activities carried out wholly within that state, i.e., where both conduct and effect are con fined to the state that exercises jurisdiction to apply its law. All other exercise of jurisdiction seems to be referred to as extraterritorial jurisdiction, with more than a hint that ‘extraterritorial’ means ‘exorbitant’, if not ‘illegal’. I think it is unfortunate that the term ‘extraterritorial jurisdiction’ has acquired this pejorative cast.
The Growth of Institutional Share Ownership
Authors: Stapledon G P 
Published: October 2023

Abstract
This chapter is divided into two sections, which deal with the UK and Australia respectively. Each section first presents a statistical picture of the growth of institutional share ownership in the post-World War II period. There is then a brief description of the main types of institution in each country, and finally an outline of the reasons behind the absolute and relative growth of institutional share ownership. The chapter is brief because an understanding of the background, size, and growth of the institutions ‘ beneficial shareholdings is less important, for present purposes, than an appreciation of the position of the fund managers which manage the equity investments of the institutions. The latter topic is covered in Chapters 3 and 6. Table 2.1 shows the distribution of beneficial ownership of the listed ordinary shares of quoted UK companies over 1963-94. Institutional ownership of the listed UK equity market was 29% in 1963, 34.2% in 1969, 47.3% in 1975, 57.6% in 1981, 60.6% in 1992, and 59.8% in 1994.
Areas of Involvement in the UK
Authors: Stapledon G P 
Published: October 2023

Abstract
One aim of this chapter is to bring to light the wide range of shareholder and corporate-governance issues with which UK-based institutions have been concerned (i.e. what matters they have been concerned about). Another aim is to analyse these issues and thereby to draw out the features which exist commonly amongst a number of issues, and then to explain the significance of these commonly occurring features. The discussion is divided into two broad sections. First, attention is focused upon procedural and general issues. Secondly, company-specific issues are addressed. A procedural or general issue is one which ‘arise[s] in similar form at many companies ‘, whilst a company-specific issue is one peculiar to the company in question. The issues are only touched upon because the more important thing is how the institutions have involved themselves in these matters—which is described in detail in the next chapter. It is not possible to divide completely the discussion of what and how a—degree of overlap is inevitable—but the separation into two chapters allows a detailed coverage in Chapter of the manner of involvement without sidetracking too much into the specific issues concerned.
The Involuntary Launderer: the Banker’s Liability for Deposits of the Proceeds of Crime
Authors: Gleeson Simon 
Published: October 2023

Abstract
The money laundering legislation creates a series of criminal offences which apply to every person. It also imposes a series of particular duties on financial institutions. It is important to understand the effects of this legislation, and these are summarized as the first part of this chapter. The second part examines the position of a financial asset in the hands of a bank and reviews the methods by which the asset may be taken out of the bank’s hands. The third part investigates the extent to which the new legislation interacts with the doctrine of notice and inquires whether the doctrine is extended by the regulations. I. The Nature Of Money Laundering Money laundering as a general concept may be relatively easily defined as rendering the proceeds of crime unrecognizable as such. However actions intended to prevent or hinder the detection of an offence have been for a very long time crimes of misprision of felony. Money laundering as a separate offence therefore begins where the intention to conceal ends.
Magazines
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh 
Published: October 2023

Abstract
It is difficult to generalize about the impact of the libel regime on the magazine industry as a whole, because the industry is so heterogeneous in character. Magazines vary by size of circulation, from radio and television listings magazines, each selling over three million copies weekly, and consumer magazines like Woman’s Weekly, selling over one million, to special interest or fringe political magazines selling a few thousand copies. They vary also by frequency of publication: weekly, fortnightly, monthly, quarterly, biannually, annually. Some are owned and published by subsidiaries of multinational corporations and are sold in significant quantities in other countries. Some are extremely parochial, or struggle to survive financially from issue to issue. With recent technical developments in desktop publish ing and printing, the relatively much greater ease and lower cost of producing a magazine in the first place have encouraged the launching of new publications, including those for very small potential markets. Accordingly, the birth and death rate of magazines is much higher than is the case in other media.
Courts, Constitutions and Fundamental Rights*
Authors: Mason Sir Anthony 
Published: October 2023

Abstract
The role of the courts in the framework of government-the way in which they administer the rule of law-is in the process of evolutionary change, both in the United Kingdom and Australia. The forces driving that process of evolutionary change in both countries are broadly similar, though in the United Kingdom they are directly related to its membership of the European Community and its subjection to the legal regime which that membership entails.
The Hardness of Hard Treatment
Authors: Kleinig John 
Published: October 2023

Abstract
In February, 1996, Rosemary West was convicted of ten murders of young women, including a daughter and stepdaughter. The British public were shocked by the gruesome details as they gradually unfolded. West (whose co-defendant husband committed suicide in custody) was sentenced to life imprisonment on each count. In a subsequent newspaper article, Stephen, Rosemary’s eldest son, reportedly complained about the apparently comfortable life his mother had in prison. His mother was reading the classics, attending seminars, and working 40 hours a week making toys: ‘She is happy and quite content and has found a lot of friends. This is disappointing, really.
Politics Matter: a Comparative Theory of Lawyers in the Making of Political Liberalism
Authors: Halliday Terence C , Karpik Lucien 
Published: October 2023

Abstract
Three theoretical systems have dominated scholarship on professions: functionalism, market control, and jurisdictional control. The first studies how a community could maintain cultural conformity in order to achieve a service relationship; the second concentrates on the monopolistic strategy of extracting market rent and thus social privilege; and the third treats the deployment of knowledge for the creation and defence of work jurisdictions as a way to define boundaries between work domains. Although significantly different from each other, these approaches have one feature in common—the neglect of politics.
The Politics of Professionalism: the Creation of Legal Aid and the Strains of Political Liberalism in America, 1900-1930
Authors: Grossberg Michael 
Published: October 2023

Abstract
In 1869, Philadelphia lawyer and pioneering bar ethicist George Sharswood expressed his hope that ‘the time will never come at this or any other bar in this country, when a poor man with an honest cause, though without a fee, cannot obtain the services of honorable counsel in the prosecution of his rights’. Less than a decade later, however, the leaders of a New York City immigrant aid society decided that just such a time had come; they felt compelled to add legal assistance to their array of services. And by the first years of the next century securing legal counsel for poor clients had been transformed into a full-blown national movement, legal aid.
Speaking Justice to Power: A Fifth Wave of Access to Justice Reform?
Authors: Parker Christine 
Published: October 2023

Abstract
The access to justice strategy set out in Chapter 4 asks us to reimagine access to justice as something other than a professional system controlled and rationed by lawyers and judges (with a few alternatives tacked on). If access to justice is to be significantly improved, a priority is to ensure that justice is being done in everyday transactions and interactions and that legal and alternative individual dispute resolution options are placed within a context of community and political action. Chapter 7 concluded that access to justice strategizing should start by addressing concrete problems of justice and only then move to considering what role legal professionals should play.
British Public Opinion and the European Community
Authors: Nugent Neill 
Published: October 2023

Abstract
A Major initial difficulty in attempting to deal with British opinion-be it opinion on the European Community or on any other matter-is that the very term ‘British opinion’ is often used and applied in different ways. At its broadest and, it may be thought, its most correct, the term is taken to refer to the opinion of the British people as a whole This is commonly referred to as public opinion. A second, and frequent, use of the term is as a sort of shorthand for ‘the opinion of the British Government’. In this context the assumption is frequently made-not always with much evidence-that governmental opinion is the same as public opinion.
Latin America
Authors: Angell Alan , Kinzo Maria D’alva , Urbaneja Diego 
Published: October 2023

Abstract
Elections in Latin America are held under sharply differing circumstances, ranging from civil war in El Salvador to the peaceful routines that characterize Venezuela. They may be conducted with scrupulous attention to legal regulations, as in Costa Rica, or with flagrant violations of all such codes as in the recent elections in Haiti. Within the same country, elections in the modern urban areas may resemble a modern North American campaign while in the backward rural areas the politics of clientelism and patronage largely determine and deliver votes. In some countries, parties may have adopted the techniques of modern electioneering, but without much change in policies or organization or behaviour. In other countries, the modernization of electioneering techniques has been accompanied by the modernization of the overall political system, with the development of new parties, new policies, and new modes of political behaviour.
India
Authors: Manor James 
Published: October 2023

Abstract
Electioneering has changed considerably in India since the first exercise of universal suffrage in 1952, but this owes far less to legal or technological changes than to changes in the political system. It is mainly attributable to political awakening within the electorate and to decay within political institutions.1 India’s parliamentary and electoral systems bear a strong resemblance to those of Britain. Elections to the Lok Sabha, the dominant lower house of India’s parliament, must in normal circumstances be held within five years of the previous election (although by act of parliament during the State of Emergency declared in mid-1975, six years were allowed to elapse between the 1971 and 1977 polls). The same is true of elections to the state legislatures in this federal system.
Expressive versus Instrumental Voting
Authors: Rose Richard , Mcallister Ian 
Published: October 2023

Abstract
Every vote has a double significance: it expresses the state of mind of an individual elector and it is an act in an instrumental process for determining control of government. The two functions are related but very different (Rose and Mossawir 1967; Pammett 1988). For students of voting, the state of mind of an individual is of first importance; the ruling dictum is expressed in the epigram above from the path-breaking University of Michigan study The American Voter; the emphasis should be upon individual motives and behaviour. For students of government, however, the critical question is which party gains control of office. The primary consideration is the transformation of votes into seats in Parliament and thus into seats in Cabinet. Schumpeter’s perspective is appropriate to the parliamentary tradition, focusing on elections as instruments in elite struggles for power.
Introductory
Authors: Dresch Paul 
Published: October 2023

Abstract
Yemen is the mountainous region at the southern tip of Arabia. The present book is intended primarily as a contribution to the area’s ethnography, and particularly to that of a large bloc of tribes there named l;Iashid and Bakil These tribes are important nowadays, when Yemen itself receives quite frequent mention in the Western press, both as the site of a large oil find (1984) and as supposedly a strategic point on the straits which link the Red Sea with the Indian Ocean. In such connections the tribes are usually mentioned also. But their ethnographic interest runs far deeper than current affairs. They have been much where they now are since at least the beginning of the Islamic era (indeed, they were prominent in the rise of Islam itself, which scattered Yemeni names from Spain to Central Asia), and tribesmen have always 1since then been prominent in Yemen’s history.
Land, People, and Paper in Western Amazonia
Authors: Gow Peter 
Published: October 2023

Abstract
It is hard to see Amazonia as landscape, in the sense this term has for people from temperate climes. The land does not recede away from a point of observation to the distant horizon, for everywhere vegetation occludes the view. In the forest, sight penetrates only a short distance into the mass of trees. Along the big rivers, you can see further, but even here there is no distant blue horizon. The sky starts abruptly from behind the screen of forest. Sight is hemmed in, and you would succumb to claustrophobia had not a plane journey or many days of travel let you know the scale of this land of big rivers and unending forests. To travel in most of Amazonia is to pass through an endless succession of small enclosed places, and to imagination itself is left the task of contructing out of these an immense extension of space. Only when an Amazonian landscape has been radically transformed by roads and deforestation is it revealed as visually extended space. A bright red road extends to the horizon, while buildings, fences, and isolated trees recede away into the distance. It looks more like a northern temperate landscape, with the wilderness forest no longer dominating the visual field, but simply a hazy transition between land and sky in the far distance.