bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Political Theory of European Police Co-operation
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
In the present chapter, we broaden our perspective m order to address the macro-political context of European police cooperation. Our aim is to examine the nature of the relationship between, on the one hand, new transnational and supranational initiatives in the police sector, and on the other, macro-political trends towards integration within the EU and the more general reconfiguration of international relations. The analysis of the relationship between political integration and law enforcement co-operation within the EU contributes to a wider theoretical debate. It raises the general question of the relationship between the forms of policing and the forms of political life. To what extent, and in what manner, are policing arrangements within any society informed by, and informative of the broader institutions, practices and ideas in terms of which that society constitutes itself as a political entity? When social scientists and social theorists conduct this inquiry, they usually do so in either historical or counter-factual terms. They may engage in retrospective analysis of the manner in which the unfolding forms of political life within different societies have become interwoven with the development of a policing function (Robinson and Skaglion 1987). Alternatively, they may proceed by means of hypothetical discussion, attempting to gain insight into the broader significance of policing institutions by asking what difference it would make to the wider polity if such institutions had not evolved in their present form (Bittner 1971; Cohen 1985; Klockars 1985). Both methods have their short comings.
Controlling European Police Institutions
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
Police officers in police forces throughout the world are held accountable to internal supervisory officers for their conduct with respect both to the law and to organizational procedures and disciplinary standards. This internal monitoring is uncontroversial in principle. By contrast, the issue of external accountability to the courts and to other public agencies is much more complex and politically sensitive. As Reiner asserts, the question of who should guard the guardians, and how, ‘is one of the thorniest conundrums of statecraft’ (Reiner 1993: 1). In recent years, the external account ability of domestic policing systems has become a matter of considerable public debate in many Member States. This may be related to a more general erosion of confidence in national police institutions, for as Brogden et al. argue, ‘police accountability becomes an issue when there is public concern that the arrangements for ensuring the police perform satisfactorily any part of their role are not working’ (Brogden et al. 1988: 153). The aim of the present chapter is to examine the extent to which accountability is also at issue at the European level, and to evaluate the effectiveness of the mechanisms which presently exist for holding European police institutions to account. A brief critical overview of the current position is first provided. Next, an attempt is made to explain why these co-operative arrangements have emerged and continue to develop in such a limited form, leaving great uncertainty about how, to whom, and for what these organizations are accountable. In the light of this assessment, the chapter concludes by examining how the accountability of the developing network of European policing institutions might be improved.
Ministers of the Crown
Authors: Brazier Rodney 
Published: November 2023

Abstract
In the first work of its kind, Brazier successfully tackles the Herculean task of describing and evaluating contemporary Ministerial life and how it is affected by the law, constitutional convention, and political practice. Ministers of the Crown provides a detailed and concise description of the legal and political position of Ministers, and of their work within the contemporary British governmental system. It covers the daily work of Ministers in their departments and collectively in government; their benefits and pay; as well as how politicians prepare themselves for office and the legal and other qualifications which are required for appointment. Detailed coverage is given to Ministers as legislators, how Ministers are required to exercise their legal powers, and the position of Ministers as plaintiffs and defendants. Finally, the loss of office, and its consequences, is considered. As a detailed assessment of Ministerial life this book is invaluable, but Brazier's capacity to bring the Ministerial world to life using a wealth of contemporary and fascinating detail, transforms a potentially dry subject.
Ministerial Qualifications
Authors: Brazier Rodney 
Published: November 2023

Abstract
Certain conditions must be satisfied before a person may be appointed as a Minister. Typically of so many parts of the British constitutional system, these conditions are a blend of legal rules and conventional practices. Some of them will completely dis qualify a particular individual from joining any Government; a few will bar certain people from specific ministerial posts. As was seen in the previous chapter, Labour politicians face additional hurdles which they must clear before they may become part of a Labour Government; those requirements will not be repeated here. The purpose of this Chapter is to examine the other qualifications and disqualifications which govern appointments to ministerial office in Britain today.A Minister is a layman in his department. As a result, Ministers who are suddenly appointed to an office, or who are switched to departments, of which they know nothing would entirely understand Sir Edward Carson’s quip which he made on becoming First Lord of the Admiralty in 1916,4 when he said that ‘my only qualification for being put in charge of the Navy is that I am very much at sea’. A Minister brings political (and occasionally administrative) skills to his work, together with the policy objectives of his party and. any manifesto commitments which are relevant to his departmental work.
Ministers In Court
Authors: Brazier Rodney 
Published: November 2023

Abstract
Legal disputes are bound to arise between, on the one hand, the Government or government departments and, on the other hand, individuals, companies, and foreign states. As the political head of the department concerned, a Minister will have a role to play in many of those disputes. But Ministers are citizens, too: they may find themselves sued, or they may wish to sue, in their personal capacities, and they might face prosecution for breaches of the criminal law. A politician does not cease to have legal problems which beset other people just because he joins the Government, and indeed during the lifetime of the 1979 Conservative Administration several Ministers used the courts in order to assert their private rights. Such actions raised questions about the circumstances in which Ministers should, or may. obtain legal advice from the Law Officers, and about the use of public funds to meet legal costs. Ministers are expected to behave in their governmental and personal lives in a manner which is beyond reproach. They must obey conventional rules which aim to ensure that their personal affairs are beyond criticism. If they fall below those standards to a significant degree they may have to pay the political price of loss of office. But even a Minister who conducts himself impeccably in his private life will find himself or his department in the courts to defend actions brought against them by aggrieved persons or bodies for alleged wrongs.
Migrant Workers and their Families as Aliens: Development of International Law and Applicability of Universal and Regional Human Rights Instruments
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
The situation of aliens or foreigners seems ... to be one of the most serious, and at the same time most widespread. departures from the principle of the universality of human rights and one of the most manifest signs of intolerance and discrimination in our age. ‘The position of migrant workers and their families in international law is inextricably connected to their status as aliens. Any established international legal rules concerned with the protection of aliens are therefore relevant when endeavouring to gauge the degree of protection migrants may expect to receive. Rudimentary standards regarding the treatment of aliens have developed over time and have become part of the international law of state responsibility. More recently, these standards have been reinforced, elaborated. and effectively superseded by the international community ‘s recognition of rights pertaining to all human beings.
The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW) was adopted by the UN General Assembly without a vote on 18 December 1990.1 It is said to be the ‘culmination of [an] evolutionary process ‘ which has seen the development of universal standards protecting the rights of non-nationals. “ This process began, as examined in Chapter 2, with the endorsement of international human rights standards applicable to all human beings, the adoption of the UDHR and its ‘codification ‘ in the two UN Covenants. As observed in the previous chapter, the adoption by the ILO of international labour standards pertaining specifically to migrant workers, particularly Convention No. 143 of 1975, was a further step in this process.The question which begs an answer is whether the ICMW is indeed the culmination of this ‘evolutionary process ‘, or whether it falls short of affording adequate protection for migrant workers and their families. In gauging the extent to which it safeguards the economic, social, cultural, political, and residence rights of migrants, this chapter also seeks to answer the above question by comparing the standards in the ICMW with those of other international instruments examined earlier. References are also made, where appropriate, to some of the European instruments which are the focus of the European case study.
The Defence of Automatism
Authors: Mackay R d. 
Published: November 2023

Abstract
This Chapter contains a critical examination of the problems which spring from the insistence of common law jurisdictions ‘on the requirement of a voluntary act as the foundation for criminal responsibility’.1 This ‘voluntary act’ requirement has long been accepted by the courts with little comment or criticism as to its philosophical origins or scientific basis. Accordingly, the first Part of this Chapter will contain a discussion of some of the more important philosophical and neuroscientific accounts of the distinction between voluntary and involuntary action. This will be followed in Parts Two and Three by a legal analysis of the involuntary act defence, known to criminal lawyers as automatism.
The Insanity Defence
Authors: Mackay R d. 
Published: November 2023

Abstract
Perhaps more than any other area of the criminal law, the insanity defence generates heated discussion and debate. The literature discussing the insanity plea is immense,1 and reform proposals are continuously formulated. In short, there is an ongoing debate about whether the law should recognise that some crazy people ought not to be punished for behaviour which would normally be adjudged criminal. This debate, which tends to ebb and flow in the light of notorious cases, is one which deserves to be within the public domain since the underlying question of whether it is appropriate to excuse a mentally abnormal offender is a question with fundamental moral and social implications. Equally, however, it is a question of great legal complexity as it addresses issues which are at the very cutting edge of the criminal justice system.
An Approach to Law Reform
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
Having discussed the reform of secured transactions laws in central and eastern Europe, the practical need for and the economics of security, now the focus will shift to the issues of the legal reform process. The purpose of these remarks is to provide a perspective on the legal reform process in central and eastern Europe and elsewhere. The history of the relationship between law reform and the development of 3.02 economic systems is largely a desiderate of the future.1 It is possible, however, to mention a few important steps.
Charges Under The EBRD Model Law On Secured Transactions1
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
The European Bank for Reconstruction and Development (EBRD) is an international organization formed to assist central and eastern European countries in their transition from centrally administered to market-oriented economies.2 ofthe original authorized capital stock of 10 billion ECU, 3 billion ECU3 were paid in by the members and a further 7 billion ECU were committed as callable shares.4 In addition, the EBRD was given the power to borrow in national and international capital markets.5
The EBRD core principles for a modern secured Transactions law
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
In 1997 the Model Law was complemented by the European Bank’s ‘General 8.01 Principles of a Modern Secured Transactions Law’1 which were redrafted and renamed as ‘Core Principles for a Secured Transactions Law’.2 Looking at the methodology of law reform developed for the purpose of the EBRD Secured
Introduction
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
Throughout the nineteenth and twentieth centuries the concept of self determination has exerted an enormous impact on the international com munity. It has been an important factor in the unification and dissolution of many states in Europe and elswehere. It has been a primary force behind the dismantling of colonial regimes and the emergence of many new states on the international plane. It continues to be the goal of many ethnic, linguistic, religious, and indigenous groups throughout the world. That such groups seek to attain self-determination for themselves shows that a close relationship exists between self-determination and minorities, and histori cal antecedents reveal in a majority of cases that when self-determination is in issue, the status or rights of minority groups will also be in issue.
The Inter-War Years: The Minorities Treaties Regime
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
At the Paris Peace Conference the Allies had attempted to resolve the ethnic problems of Europe through the creation of new nation-states. The Allies hoped that a restructuring of the political boundaries of Europe on an ethnic basis would satisfy the nationalist aspirations of most ethnic groups, and thereby ensure that there would be no further demands of this sort. The creation of new nation-states did indeed satisfy the nationalist aspirations of many, but did not eliminate the ethnic minorities, nor the desire of such groups for a further readjustment of boundaries so that they also might achieve ethnic self-determination. The Peace Conference at tempted to address this problem through the establishment of the ‘minori ties treaties regime’.
Conclusions on the Convention: Suggestions for Reform
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
The previous chapter indicated how on a practical level the Hague Convention performed well in some Contracting States but less so in others. Prior to the Convention’s entry into force, the victims of ‘legal kidnappings’ had few means of redressing their plight. Now at least they are provided with the support and legal basis by which the clock might be turned back to allow the pre-removal or retention situation to resume. How successful though, has the Convention proved in dealing with wrongful removals and retentions? In the first instance one might look to the statistics; in England, for example, 44 per cent of the return applications received in 1997 which were processed led to a judicial return, compared with 13.5 per cent where there was a judicial refusal.
The Law of Tracing
Authors: Smith Lionel D 
Published: November 2023

Abstract
The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
Private Parties in European Community Law
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
The European Community legislative process is still characterized by a certain lack of democracy, even after the Maastricht amendments to the European Community Treaties. It is therefore a matter of great importance that there is an adequate system of judicial review of community acts which will enable private parties to challenge illegal, invalid and unfair community administrative actions. There thus exists a system by which private parties can bring direct and indirect actions to seek redress. The direct actions are the actions for annulment and the action for a failure to act. The indirect action is the plea of illegality. In addition to this system specifically designed to assess the legality of community measures there are two other remedies not intended for this purpose but which are used to effect a consideration of the legality of a certain act: these are preliminary rulings on the validity of acts of the Institutions and actions for damages. The book is divided into two parts. The first part deals extensively with annulment proceedings. The drafters of the EC Treaty attached severe conditions of locus standi to this remedy and it has fallen to the European Court of Justice to interpret and apply these conditions through its Case Law. Commentators have found it difficult to discern a common trend in the approach of the court to the locus standi issue. It appears clear however that the court has followed a very restrictive approach and that many actions have been dismissed as inadmissible. The author of this work re-examines the Case Law and systematizes it to highlight specific areas (particularly anti-dumping, competition and state aids cases) and to a lesser extent in the area of general management of the market where there has evolved a more lenient approach to the determination of the issue of locus standi of natural and legal persons. The second part of the book deals with the alternative means of review (ie via an Article 177 Treaty reference) and suggests that these proceedings do not provide adequate protection of the interests of private parties in all situations where annulment proceedings cannot be brought because the applicants involved lack locus standi even though a certain degree of damage may have been inflicted to their interests. Besides setting out the various remedies and showing how actions can be mounted successfully the book also assesses the extent to which the court may have shifted its approach to the locus standi question. It also reveals the areas where private parties may not always find an adequate or appropriate means of redress against illegal community actions.
Harmonization of Private Laws in Federal Systems of Government: Canada, the USA, and Australia
Authors: Ziegel Jacob S 
Published: November 2023

Abstract
Roy Goode is an acknowledged master of commercial law who has made enduring and magnificent contributions both to the national and international branches of the discipline. He has given it a rigour and conceptual structure which it frequently lacked before. No less important, he has been able to bring to bear his great practical experience-as a former solicitor and now as a silk, as a law reformer, and as a prominent participant in UNIDROIT and International Chamber of Commerce projects-to illuminate the actual operation of domestic and international rules and to ensure that new legislative structures and voluntary rules are tempered by good sense and guided by practical feasibility.
The Bifocal World of International Sales: Vienna and Non-Vienna*
Authors: Bridge Michael G 
Published: November 2023

Abstract
Delivering his maiden speech in the House of Lords, Lord Steyn drew attention to the ‘full and constructive role’ played by the United Kingdom in formulating the Vienna Convention on Contracts for the International Sale of Goods (the CISG), which has been in force since 1988 and has secured more than 40 ratifications. It had been estimated by the United Nations Commission on International Trade Law (UNCITRAL) that a half of world trade was conducted on its terms. Yet the United Kingdom had not ratified the convention, despite a recommendation by the Law Commission that this be done, and no official announcement had been made.
Cross-Border Marketing
Authors: Rovinescu Calin , Gilles ThiefFry 
Published: November 2023

Abstract
The recent globalisation of the securities markets has enabled issuers to raise capital outside their own countries. According to the International Financing Review, in 1985, US$4.3 billion in international equity issues were completed worldwide. This market grew to US$20.9 billion in 1987 and US$22.5 billion in 1992. By 1994, the total value of all issues into the US market alone came to US$55.97 billion.
The Law Applicable to Securities Transactions: Choice of Law Issues
Authors: Houtte Professor Hans Van 
Published: November 2023

Abstract
The law applicable to securities transactions is difficult to analyse within the confines of a short study. Securities transactions are often complex and multifaceted. Moreover, the applicable law in securities transactions has not yet been explored extensively. Indeed, conflict of law writers, on the one hand, have treated securities transactions in a stepmotherly manner. Academics are probably less familiar with and excited by the technicalities of securities transactions. Practising lawyers, on the other hand, are often shy to engage in conflict of law-exercises and prefer to ignore issues of applicable law.
Selected Issues in Securitisation
Authors: Oditah Fidelis 
Published: November 2023

Abstract
In the last decade, securitisation has been one of the most significant innovations made by the financial markets. In the United Kingdom, the development of securitisation, in the sense in which that expression is hereafter used, has occurred since the mid l 980s. As far as secondary securitisations in the modern form are concerned, the United States of America has led all the way; its market is the most matured.
Approaches to Market Regulation-The United Kingdom
Authors: Perry Michael J 
Published: November 2023

Abstract
Until comparatively recently, an examination of approaches to market regulation in the United Kingdom would have primarily focused on the London Stock Exchange (LSE) as the predominant market. The LSE continues to have a pre-eminent role in the equity market place, both as a dominant force in the cash market trades of UK equities and as the leading international exchange for the trading of foreign shares.