bluuebunny/crossref_metadata_2025_split huggingface dataset:
Administrative Offences Law, 1985
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
The Minister of Justice may determine by regulations that an offence against a provision enacted by any of the Laws enumerated in the Schedule or by regulations under any such Law, other than a felony, shall be an offence for which a fine may be imposed administratively (hereinafter referred to as an ‘administrative offence’). The determination may be general or subject to conditions or restrictions.
Administrative Contracts and Promises
Authors: Dotan Yoav 
Published: November 2023

Abstract
As in other areas of Israeli administrative law, the basic principles governing administrative contracts were inherited from the English legal tra¬dition. The law in England limits the power of any administrative authority to create contractual obligations involving its governmental powers. I The rationale for this rule is that contractual promises by an administrative authority as to its public functions would unlawfully fetter future executive action.
Major (Res.) Yehuda Ressler, Attorney and others v. Minister of Defence
Authors: Shamgar P , Ben Porat DP , Barak J 
Published: November 2023

Abstract
Is the deferment of military service for yeshiva students lawful? This ques­tion-which has been submitted to this Court in the past-now arises before us again for renewed consideration. Should we examine this case on its merits or should the petition be rejected on the ground of lack of stand­ing or non-justiciability? And if we address the merits-is the deferment of military service lawful?
Public Imprisonment By Private Meanss
Authors: Mcdonald* Douglas C 
Published: November 2023

Abstract
Although privately operated imprisonment facilities were commonplace in previous centuries in England and the United States (Holdsworth 1922-4: 397; Crew 1933: 50; McKelvey 1977: 197-216; Feeley 1991), by the twentieth century, governments had assumed responsibility for nearly all imprisonment and most other criminal justices functions. Indeed, the principle of public responsibility for the administration of justice---and especially for imprisonment--has become so well established that imprisonment is seen by many as an intrinsic function of government (American Bar Association 1989: 3; Dilulio 1990: 172-7; Robbins 1988: 44; Howard League for Penal Reform 1990: 3). Beginning in the mid-1980s, however, a debate emerged in the United States, Britain, and in some other English-speaking countries over the propriety of governments contracting with private firms to operate and even own prisons, jails, and other places of imprisonment.
Racial Disproportion In Us Prisons
Authors: Tonry* Michael 
Published: November 2023

Abstract
Outside the United States, probably the best known characteristics of America’s correctional system are that capital punishment continues in use and that American incarceration rates are four to 15 times higher than those in other developed countries. Within the United States, the most notable characteristics are the absolute numbers in confinement and that they are disproportionately black. Blacks in 1991 made up 12 per cent of America’s population but 48 per cent of both prison and jail inmates. Forty per cent of the occupants of ‘death row’ on 31 December 1991 were black. In public juvenile facilities in 1989, 48 per cent were black. Americans of Hispanic origin, by contrast, America’s second largest minority group, in 1991 constituted 9 per cent of the general population, 13 per cent of the prison population, 14 per cent of the jail population, and 8 per cent of the death row population.
The International Covenant on Economic, Social, and Cultural Rights
Authors: Craven Matthew C R 
Published: November 2023

Abstract
Despite their formal legal recognition in a number of international instruments since 1945, economic, social and cultural rights have long been marginalized and ignored as a category of human rights. This is particularly apparent with respect to the International Covenant on Economic, Social and Cultural Rights alongside its sister covenant `The International Covenant on Civil and Political Rights’. This study represents the first detailed examination of the origins and development of the ICESCR, drawing in particular upon the work of the United Nations Committee on Economic, Social and Cultural Rights. The author addresses in detail particular aspects of the Covenant such as the role of the Committee in the supervision process, the nature of state obligations, the principle of non-discrimination, and the rights to work, to join and form Trade unions, to housing and to food. This original and scholarly work offers a timely examination of an increasingly significant human rights instrument, and will be of value to all those interested in Human Rights and International Law.
The Right to an Adequate Standard of Living
Authors: Craven Matthew C R 
Published: November 2023

Abstract
Article 11 is one of the most wide-ranging and general of the articles in the Covenant, encompassing a host of concerns that are usually addressed in the context of State ‘development’. There is no doubt that the right to an adequate standard of living, including the rights to food, housing, and clothing is of paramount importance not least because at minimum levels it represents a question of survival. It is also true to say that the right to an adequate standard of living has been violated ‘more comprehensively and systematically than probably any other right'.1 That the realization of the right is overlaid by issues of economic development, agrarian reform, prin­ciples of nutrition, international trade, and aid (to name but a few) poses a challenge to the Committee that may serve as an acid-test of its effective­ness as the principal supervisory body to the Covenant.
The Authority to Establish and the Need for International Administrative Tribunals
Authors: Amerasinghe C F 
Published: November 2023

Abstract
While it may be established that a real and binding legal system, namely the internal legal system of each international organization, governs the relations between staff members and the international organization which employs them, the question may be raised whether there should not be some binding form of judicial settlement of internal disputes arising from the employment relationship within an international organization. This, in turn, raises the issue whether international organizations have the authority to set up and establish internal courts, such as administrative tribunals, to settle employment-related disputes and what is the source of this authority. It should be recognized that judicial settlement is different from other forms of decision or settlement by administrative or legislative organs of international organizations, since judicial settlement by its very nature is supposed and likely to be non-partisan, impartial, and stamped with the mark of independence. Indeed, without judicial machinery it is unlikely in general that these objectives could be achieved.
Equity
Authors: Amerasinghe C F 
Published: November 2023

Abstract
There are many senses in which the term ‘equity’ or ‘equitable’ may be used. First, in a very technical sense equity denotes the parallel system of justice associated with Anglo-American law which was originally intended to supplement the common law. Though this sytem is no longer administered in separate courts, the rules or principle emanating therefrom are still described as equitable. Such rules and principles are, nevertheless, rules and principles of law and may be applied by international administrative tribunals. But when this happens, rules and principles of equity in the narrow sense become applicable as general principles of law, though they may be found to exist in the Anglo-American system of equity. Generally, they will become applicable, because they are parallelled in essence, at least, if not exactly, in other systems of law as well, and are not confined to the Anglo-American legal systems.
Termination of Appointments for Unsatisfactory Service
Authors: Amerasinghe C F 
Published: November 2023

Abstract
The termination of an appointment, particularly a permanent, regular, or indefinite appointment, in an international organization, for unsatisfactory service, can be a matter of serious concern to the staff member affected, as it means that a hoped-for career is brought to an end and in some cases, because of the reasons underlying the termination, the staff member may find it difficult to find alternative employment. On the other hand, the international organization by which such a staff member has been employed would certainly like to have the unfettered power to terminate a staff member’s appointment for unsatisfactory service in the interest of the efficient working of the organization. Considering the serious implications of a termination of employment of a permanent nature in an international organization, it is surprising that the total number of cases brought by affected staff members before international administrative tribunals in which staff members of international organizations have complained of unlawful termination of their permanent, regular, or indefinite appointments on the grounds of unsatisfactory service is small. There have also been only a few cases brought before tribunals where other kinds of appointments have been terminated.
Disciplinary Measures
Authors: Amerasinghe C F 
Published: November 2023

Abstract
International organizations are generally empowered by their written law to take disciplinary measures against staff members in case of misconduct. Most Staff Regulations and Staff Rules have fairly detailed provisions relating to such measures. The Staff Regulations of the UN provide in Article X that: Regulation 10.1: The Secretary General may establish administrative machinery with staff participation which will be available to advise him on disciplinary cases. Regulation 10.2: The Secretary General may impose disciplinary measures on staff members whose conduct is unsatisfactory.
Remedies: The Error in Lister v. Stubbs
Authors: Millett Sir Peter 
Published: November 2023

Abstract
An agent who receives a bribe or secret commission in breach of his fiduciary duty is accountable in equity to his principal for the benefit which he has received. The principal has a personal remedy. The question which it is proposed to consider in this paper is whether, and if so in what circumstances, the law should also give him a proprietary remedy. From the principal’s point of view, such a remedy has several advantages. It avoids the need for what in some cases could be difficult and costly accounts and inquiries; and enables the principal to recover not only the amount of the bribe or secret commission but the increased, value of any property in which it has been invested, follow it into the hands of a subsequent recipient, or where the fiduciary is insolvent recover it in full in priority to his creditors.
The Principal Questions
Authors: Cornish W R 
Published: November 2023

Abstract
The subject under consideration appears to stand at two frontiers of liability: (i) it raises questions about the appropriateness of using the machinery of civil litigation as a deterrent against dishonest and otherwise improper conduct of a particular sort; and (ii) it poses issues about the proper scope of restitutionary claims to remedy wrongs, particularly in respect of proprietary remedies. Sir Peter Millett’s paper is concerned with the second of these frontiers, being a spirited argument in favour of proprietary as well as personal remedies to undo bribery and secret commissioning in private transactions. Professor Birds, by looking at a range of recent cases, has drawn attention to aspects of both questions. To my mind, the first question is the more profound and difficult. What one thinks about the second may in the end follow from one’s position on the first. I shall accordingly address them in that order.
Transport Services: The Test Case of Civil Aviation
Authors: Eeckhout Piet 
Published: November 2023

Abstract
From the perspective of international trade, the transport sector is in economic terms one of the most important services sectors. The regulation of transport activities in the Community is also an important segment of the internal market programme. The question of how the Community defines the external dimension of the internal transport market therefore arises almost automatically. One could examine this question for all the different transport modes, namely by sea, by air, by road, by train, and by inland waterways. However, that approach is not followed here. If it were, one would quickly discover that the Community has until now developed only a few external policies relating to transport. That is not illogical in view of the fact that it took a lot of time, in spite of the fact that the EC Treaty envisages a Common Transport Policy, before the Community started to regulate even the intra Community provision of transport services on a comprehensive scale.
Public Procurement
Authors: Eeckhout Piet 
Published: November 2023

Abstract
Governments are, in all their branches, important buyers of goods and services. It has been calculated that within the Community public procurement amounts to 15 per cent of GDP. At the same time, there are strong indications that governments continue, in this field, to use their purchasing power in order to favour domestic undertakings, often creating so-called national champions, and thus to discriminate against imports. In spite of the existence of a common market within the Community since the end of the transitional period (1970), entailing free movement of goods and services, this observation is equally valid for the procurement policies of the Member States. One need not be an accomplished economist to realize that such discriminatory policies generate a significant ‘cost of non-Europe’. The fact that domestic undertakings are being preferred as government suppliers, to the detriment of lower-cost imports, increases government spending.
Rules and Regulation
Authors: Baldwin Robert 
Published: November 2023

Abstract
This and the following chapter consider how governmental rules can be designed and enforced, particularly in the sphere of regulation. The focus is on experience in regulating workplace health and safety but more general lessons will be drawn from the case study described. This chapter amounts to a description of how mistakes in rule design can occur. It looks at the evolution of the present system of regulating health and safety at work and notes especially the development of a particular approach to governmental rules. An assessment of that approach is offered. Chapter 6 examines the enforcement of health and safety regulation on the ground and considers the importance of rule-design in enforcement. It asks why it is that rules often fail to work, how effective rules can be designed, what it is that impedes the making of effective rules, and how securing compliance is linked to producing desired results. Finally, I consider how values other than efficiency can be reflected in designing rules.
Rules and Economic Appraisals
Authors: Baldwin Robert 
Published: November 2023

Abstract
Is there a case for using assessments of costs and benefits to appraise not the drafting of a rule but the broad justification for introducing a rule? Is there, moreover, a governmental role for such assessments in spite of arguments for satisfying values other than efficiency?
This chapter considers developments in the cost-benefit and compliance-cost testing of rules in the USA and in Britain. It reviews the theoretical and practical issues raised and assesses the possible contribution of economic appraisals to questions of rule choice.
The Scottish Procurator Fiscal Service: The Reluctant Sentencers
Authors: Fionda Julia 
Published: November 2023

Abstract
The Scottish criminal justice system has enjoyed the advantages of a public prosecution system, with independent prosecutors working in the public interest, for a good deal longer than England and Wales. The term ‘procurator fiscal’ dates back to early feudal courts where it referred to the representative of the local Lord, in a court presiding over civil matters. In criminal matters, the Sheriff originally acted as prosecutor and judge, but some time later his role was separated and the term ‘procurator fiscal’ was used to describe the prosecutorial part of the role.1 It was the Sheriff Courts (Scotland) Act 1876 which gave prosecutors the full responsibility in law for the prosecution of all criminal offences, but Moody and Tombs (1982) suggest that, in practice, these functions were delegated to fiscals, by the Sheriffs, considerably earlier than this.2 Hence the office of public prosecutor has been developing gradually in Scotland over the last century, and the fiscal service which exists today presents a very different picture to that of the Crown Prosecution Service of England and Wales, set up comparatively recently in 1986.
The Right of Self-determination
Authors: Mccorquodale Robert 
Published: November 2023

Abstract
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its means of subsistence.
Immigration and Freedom of Movement
Authors: Mole Nuala 
Published: November 2023

Abstract
Consideration of any country’s compliance with international standards concerning freedom of movement should always begin by recalling that nowhere in international law is there to be found a general right to move freely across frontiers or for persons to enter or remain on the territory of a state of which they are not a national. A key attribute of sovereignty is, and always has been, the right to grant or refuse aliens access to one’s territory.
Freedom of Expression
Authors: Feldman David 
Published: November 2023

Abstract
This chapter examines the extent to which the law of the United Kingdom complies with the requirements of Articles 19 and 20 of the ICCPR. Article 19 is a general provision which brings together the autonomy-related approach to individual rights under the Covenant with the participation related approach: freedom of expression and its associated rights to obtain and to impart information allow people both to hold and assert their own views and attitudes, as an exercise of the autonomy of the individual, and to participate in a worthwhile way in the processes of politics and government. Article 20, by contrast, is a response to a particular problem, that of nationalism and incitement to hatred of ethnic and religious groups, which had been current for many centuries but which was particularly obvious in the light of the Nazi horrors perpetrated by Hitler and his followers during Germany’s Third Reich. This chapter first examines the extent to which the United Kingdom meets the requirements of Article 19. This involves considering the extent to which restrictions of freedom of expression are justifiable by reference to the objectives set out in Article 19(3). Finally, the chapter evaluates the United Kingdom’s compliance with Article 20, and the relationship between the state’s obligations under Article 20 and people’s rights under Article 19.
Landlord and Tenant Issues
Authors: Cardwell Michael 
Published: November 2023

Abstract
Since milk quotas, from their inception in 1984, have been critical to the profitable operation of dairy enterprises and, moreover, quickly acquired an economic value, there can be little surprise that they have thrown landlord and tenant issues into sharp relief.2 Indeed, it may be seen as inevitable that tension should arise between the competing interests of the landlord, to whose land the milk quota is ‘linked’, and the tenant, who as a rule will be the occupier and registered producer. For example, a landlord will be eager to preserve that link. He will also share with the tenant concern as to the effect of quota on the rent - and this consideration is thrown into sharp focus where the tenant overtly turns the quota to account by means of temporary transfers. However, arguably the greatest source of conflict arises on the termination of the tenancy. In accordance with the general principle the quota in the United Kingdom reverts to the landlord or other incoming occupier and the tenant must look to compensation through statute or agreement for the protection of his interest.
Introduction
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
Co-operation over law enforcement in Europe has been on the international agenda for more than a century. The problems addressed at first were of a relatively small scale, as they concerned smugglers, itinerants and political anarchists. But improved means of transport and communication significantly widened the scope of criminal activities and of law enforcement initiatives. Although public concern about international terrorism has weakened some what since the 1980s, general alarm about organized crime, drug trafficking and illegal immigration now pervades sections of all West European societies. The governments of the West European states have been under increasing pressure to design an international co-operative machinery through which (organized) cross border crime could be combated effectively and efficiently. The European Community (EC) came to be thought of as a suitable vehicle for the various international law enforcement initiatives. This perception was reinforced by the prospect of abolition of internal border controls. This book analyses the development of a police facility for the European Union (EU) and the establishment of new forms of law enforcement co-operation for a ‘borderless Europe’. Although the problems associated with this development appear at first sight to be technical and administrative, closer examination shows that it lies at the very heart of the process of European integration and concerns crucial dimensions of state sovereignty. The permanent alliance and the integrated command structure of NATO, established in the post-1945 period, represented a remarkable shift away from the unfettered independence of state action in the military realm. Stable and institutionalized police co-operation, which is now emerging, offers the medium-to-long-term prospect of an equivalent change in the authority of the state in the domain of internal security.