bluuebunny/crossref_metadata_2025_split huggingface dataset:
Renewable Energy
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The promotion of renewable energy has become an important plank in EU energy policy, in line with its strategic role in most Member States’ energy and environmental policies. This commitment is evident in a number of EU documents, from the Green Paper on Energy Policyto the title of the principal legal measure applicable to the renewable energy sector, Directive (EC) 2001/77: ‘the promotion of electricity from renewable energy sources in the internal electricity market’ (‘the Renewables Directive’).
Competition In Downstream Markets
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
While competition law has a complementary role vis-à-vis the Electricity and Gas Directives,interventions by the Commission only allow it to take action where it has detected a violation of the competition rules, such as restrictive agreements or abuses of a dominant position. Certain tasks such as the development and introduction of competitive network charges and congestion management methods are challenges that lie primarily within the competence of the national regulatory agencies (NRAs) and, perhaps to a lesser extent, with the national competition authorities (NCAs). Indeed, the Directives and Regulations have gone a long way towards fixing responsibility for the operation of third party access (TPA) in the NRAs, so that they have a priority ‘not only in developing pro-competitive network access regimes, but also in taking action in access disputes in the interest of preventing parallel actions by the Commission’.
Special And Exclusive Rights
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
For several decades the energy markets of Member States were characterized by monopoly structures in electricity and gas activities. The traditional instruments for defending such structures included the use of special and exclusive rights. The Treaty basis for such rights has been primarily Articles 86(1) and 31 EC. The impact of the Electricity and Gas Directives has been to usher in a retreat from the use of such defences, and indeed has made them less necessary as industrial structures adapt to a liberalizing market.
Energy Security
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
Energy security has recently moved up the public policy agenda into the first rank of problems to be addressed by governments. We may define ‘energy security’ as the ability of the energy industries, primarily in electricity and gas, to provide their respective services throughout the EU to a high standard and at a reasonable cost in a competitive, fully liberalized, pan-European market. This is intended to be a working rather than a comprehensive definition since the focus of this book is on the introduction of competition into the energy markets of the EU, and in this chapter on the impact of energy security on that liberalization process.
Conclusions
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
At the very outset of the EU internal energy market programme, choices were made about its design, and the appropriate instruments to achieve it. Given the political sensitivities about market reform in the electricity and gas sectors, the Community institutions and Member States decided to introduce directives under Article 95 in preference to relying upon the existing powers based on EC competition law (see paras 16.14–16.30), and to do so according to a generous timetable that would allow Member States and incumbent utilities to adapt to a ‘liberalized’ market.
Standards in Antitrust Law
Authors: Furse Mark 
Published: November 2023

Abstract
Antitrust law exists in part (or, depending on one’s view, exclusively) to address economic concerns relating to the harms that flow from the existence and exercise of market power, and there is a significant degree of consistency in the legal approach taken across different regimes as those economic concerns are consistent. Certainly it is intuitive that the adviser seeking to provide advice in this area will make international comparisons, and draw on experiences gained in other jurisdictions.
Taiwan Agreements
Authors: Furse Mark 
Published: November 2023

Abstract
The primary legislation dealing with the law of anti-competitive agreements in the Taiwan antitrust system is brief, but goes further than that of s 1 of the Sherman Act in providing a set of criteria under which otherwise anti-competitive agreements may be exempted from the prohibition. The primary provisions dealing with anti-competitive agreements make formal and structural distinctions between horizontal agreements, which are dealt with in art 14 of the TFTA, and vertical agreements.
Taiwan Merger Control
Authors: Furse Mark 
Published: November 2023

Abstract
Taiwan has a well-developed system of merger control, the primary rules for which are set out in the TFTA at arts 11–13, which are supplemented by provisions in the Enforcement Rules to the Fair Trade Act of 2002, and are clarified in a number of guidelines, cited here as appropriate. The terms of the Act may apply to joint-ventures as well as to full structural mergers.
The Korean Antitrust Law Regime
Authors: Furse Mark 
Published: November 2023

Abstract
The Constitution of Korea sets out, in art 119(2), the power of the State to regulate economic affairs within the framework of a free and fair market. 1 This constitutional power makes reference to the desirability of maintaining balanced growth and stability. Korea enacted the Monopoly Regulation and Fair Trade Act (‘MRFTA’) on 31 December 1980.2 The Act entered into force on 1 April 1981, and has since been amended on over ten occasions.
Korea Monopoly and Abuse of Dominance
Authors: Furse Mark 
Published: November 2023

Abstract
In November 2007 the Supreme Court of Korea handed down a significant judgment relating to a part of the monopoly provisions of the MRFTA (POSCO v The Korea Fair Trade Commission, Supreme Court of Korea, case 2002Du8626, 22 November 2007, discussed in detail below). Not only did the Court comment on the tensions raised between the principles applying to the control of monopoly conduct, the principles applying to free markets, the private enjoyment of property, and the right to contract freely, but it also clarified some of the general principles to be applied in this area of law, including those relating to market assessment, and to the place of the law generally.
Vietnam Agreements
Authors: Furse Mark 
Published: November 2023

Abstract
The primary prohibition on restrictive agreements is found in art 8 of the VLOC, although certain restraints may also be prohibited under art 42 which falls within the chapter dealing with ‘unfair’ competitive acts. This provision is more likely to be applied to vertical restraints in an approach similar to that adopted in Korea (see Chapter 5-2) where horizontal restraints exclusively are dealt with under the primary provision.
Vietnam Monopoly and Abuse of Dominance
Authors: Furse Mark 
Published: November 2023

Abstract
The law relating to abuse of dominant position is set out at s 2 of Chapter 2 of the Vietnam Law on Competition (‘VLOC’). The law is unusual in creating two different sets of presumptions relating to market power, one applying to firms in a dominant position, and the other to monopolists, with different conduct proscriptions applying in both cases.
Vietnam Merger Control
Authors: Furse Mark 
Published: November 2023

Abstract
Vietnam’s merger control regime is given effect in s 3 of Chapter 2 of the VLOC (arts 16–24). This is the first law in Vietnam which regulates mergers in a comprehensive manner. The provisions apply to ‘economic concentrations’, which may take a number of forms: mergers, consolidations, acquisitions, joint ventures, and ‘other acts of economic concentration prescribed by law’.1 Concentrations which give rise to the creation of specified market share thresholds are prohibited unless an exemption is granted under art 19.
Management Ideology
Authors: Anthony P D 
Published: November 2023

Abstract
What we have called the recruitment of social science in the service of management concerned first the utilization of the psychologist’s techniques and expertise. The application of psychology extended from an initial concern to improve methods of selection and training to a much more general concern with the individual’s motivation in which, finally, the business organization and the tasks which it requires to be performed are both changed in order to make work become the satisfier of fundamental human needs. Work becomes a much more valued and valuable activity, we are the more likely to regard it as a central life interest, to take its performance requirements seriously, and to become deeply involved in its distribution of rewards when these rewards include our own psychological health.
Critical Issues in Organizations
Authors: Clegg Stewart , Dunkerley David 
Published: November 2023

Abstract
In the social sciences one can find many volumes whose titles proclaim them to be in some sense #x2018;critical’. Indeed, such is the apparent increased frequency with which such terms are used that one might be forgiven for supposing them to be of devalued currency. Yet, here is another volume sufficiently audacious as to claim to address Critical Issues in Organizations. Such a claim cannot be lodged lightly. It behoves anyone who proposes it to argue in what way their volume is ‘critical’ in such a way as to be distinct from other contributions.
Market, Hierarchy, and Trust: The Knowledge Economy and the Future of Capitalism
Authors: Adler Paul S 
Published: November 2023

Abstract
Considerable attention has been focused recently on data suggesting that the secular trend toward larger firms and establishments has stalled and may be reversing (Brynjolfsson et al. 1994). Some observers argue that the underlying new trend is toward the disintegration of large hierarchical firms and their replacement by small entrepreneurial firms coordinated by markets (Birch 1987). This argument, however, understates the persistence of large firms, ignores transformations underway within these firms, and masks the growth of network relations among firms. How, then, should one interpret the current wave of changes in organizational forms?
Sexuality at Work
Authors: Pringle Rosemary 
Published: November 2023

Abstract
If the boss–secretary relation is organized around sexuality and family imagery this seems to place it outside the modern bureaucratic structures that are a feature of all large organizations. The relationship is often conceptualized either as archaic or as marginal to the workings of bureaucracy ‘proper’. It is argued here that, on the contrary, the boss—secretary relationship is the most visible aspect of a pattern of domination based on desire and sexuality. Far from being an exception, it vividly illustrates the workings of modern bureaucracies. Gender and sexuality are central not only in the boss–secretary relation but in all workplace power relations.
Arbitral Authority
Authors: Park William W 
Published: November 2023

Abstract
For pure intellectual challenge, few endeavors match the task of setting principled standards to distinguish an arbitrator’s good faith mistakes from an excess of authority. In bargaining for out-of-court dispute resolution, parties to arbitration agreements commit themselves to respect the result regardless of who wins. The award is intended to be final even if one side thinks that the arbitrator got it wrong. Arbitration is a consensual process, however, unfolding within an enclosure created by the contract and applicable arbitration law. The litigants accept the risk of arbitrator mistake only for decisions falling within the borders of arbitral authority. Great practical importance attaches to how lines are drawn between arbitrator mistake and excess of authority. Indeed, the distinction goes to the heart of what arbitration is all about. A simple error is normally not subject to appeal, since the litigants have asked an arbitrator, not a judge, to decide the legal and factual merits of their disputes. By contrast, no court should recognize an award falling beyond the arbitrator’s authority. Thus some measure of judicial scrutiny over arbitral jurisdiction remains a vital safeguard to the integrity of the process, and constitutes an essential corollary to enforcement of legitimate awards.
The Contractual Context
Authors: Park William W 
Published: November 2023

Abstract
Not long ago, a multinational enterprise with headquarters in Boston needed two cargo vessels to transport ore from its South American mines to its North American production facilities. A shipyard in a developing country with good harbors and cheap labor seemed the right place to build the vessels. Extended negotiations led to a contract between the shipyard and the multinational’s Liberian shipping subsidiary, which was established to purchase and operate the vessels in a tax-efficient manner. The multinational itself guaranteed its subsidiary’s obligations. Interim payments were to be made as the vessels were built, with the final installment of the purchase price due at completion of both vessels. When the shipyard notified the multinational that the vessels were completed, a dispute arose over the engine rooms and communication systems. The multinational maintained that the ships were not in fact finished according to contract specifications. The shipyard rejected these claims and filed suit to compel the final payment in a local commercial court. Back in Boston, the lawyer who had advised the multinational during the contract negotiations congratulated herself on the foresight displayed in dealing with the shipyard. She had heard that courts in the shipyard’s country lacked a tradition of judicial independence. Less courteous tongues had even characterized court proceedings there as auctions, with the judgment going to the highest bidder. Contemplating this unpleasant prospect, counsel had insisted that the contract designate courts in Boston as exclusively competent to settle any dispute.
Comparing Arbitration and Court Selection
Authors: Park William W 
Published: November 2023

Abstract
As this book goes to press, breaking news indicates that the enforceability gap between court selection and arbitration may soon be narrowed. At the Peace Palace in the Hague, the Conference on Private International Law agreed on the text of a treaty establishing rules for recognition of court selection agreements. The Convention provides that a choice of court clause will be deemed exclusive and recognized as such. Courts other than the chosen forum must decline jurisdiction. Enforcement is to be granted to judgments of the chosen court, with suitable exceptions for consumer and employment contracts, as well as special matters such as wills and personal injury claims. The absence of any treaty network, as indicated in the chapters in this section, has long been one of the drawbacks to court selection as compared to arbitration. Until now, no worldwide treaty does for judicial jurisdiction what the 1958 New York Arbitration Convention does for agreements to arbitrate. The geographical reach of regional arrangements (such as the European Union’s Brussels Regulation) is considerably more limited than the scope of the New York Convention, which now boasts 136 members. The Hague Convention on Choice of Court must still be adopted by member states of the Conference. Acceptance of the treaty’s provisions by the global community would constitute a significant step toward harmonizing the legal regimes for resolution of international business disputes, bringing rules on judicial jurisdiction and judgments into line with those applicable to arbitration.
Substantive Norms
Authors: Park William W 
Published: November 2023

Abstract
Today one sometimes hears cheerful talk about “autonomous” arbitration and “delocalized” procedure, free from the procedural safeguards traditionally imposed by those national legal systems that support the arbitral process.1 The liberation of international arbitration from national legal systems implicates several themes. First, arbitrators often interject trade usage in deciding the merits of a dispute.2 Second, judges increasingly permit arbitration of sensitive public law claims, such as antitrust or securities regulation.3 Finally, arbitral procedure has been to some extent “delocalized,” in the sense of breaking free from procedural norms of the arbitral situs.4 Local procedural safeguards Many European arbitral centres have attempted to increase their shares of the fees accruing to local lawyers and arbitrators by enacting reforms. These reforms free arbitrators from fear of judicial second-guessing through direct or indirect appeal of their legal conclusions.5 The rationale for these changes is that businessmen who opt for arbitration prefer speed and finality over the legal precision arguably obtained from appeal. Judicial review on the merits of awards may make arbitration merely a rehearsal for court litigation.6
Intellectual Property
Authors: Park William W 
Published: November 2023

Abstract
Intellectual property (IP) rights often constitute a corporation’s key assets – its “family jewels” so to speak. Thus any dispute over these rights is usually taken very seriously. As a result, IP lawyers often have particularly strong feelings with respect to the relative costs and benefits of arbitration related to patents, trademarks, and copyrights. While arbitration clauses frequently find their way into technology licenses (particularly in a cross-border context) the wisdom of this practice has been vigorously debated. Ironically, the alleged drawbacks to arbitration in one context often constitute advantages in another. Much of the argument relates to the benefits and burdens of litigation flexibility and the right to appeal, which as discussed in the following chapter have proven to be double-edged swords.
Taxation
Authors: Park William W 
Published: November 2023

Abstract
Notwithstanding similar fiscal objectives, countries that conclude income tax treaties often arrive at radically different results when they apply treaty language to a specific problem. As things now stand, the task of resolving disagreement on treaty interpretation falls either to national courts or to joint efforts by the tax administrations to work out differences on a voluntary basis. Neither alternative is wholly satisfactory. Judicial proceedings lack political neutrality and yield inconsistent results. And the process for “mutual agreement” among competent fiscal authorities is fraught with delays and uncertainty.
Re-Employment Orders and the Additional Award
Authors: Korn Anthony 
Published: November 2023

Abstract
A novel feature of the statutory provisions relating to unfair dismissal is the power of tribunals to order reinstatement or re-engagement. Specific performance of an employment contract is a legal remedy which is rarely available in other circumstances. As a result of the recommendation of the Donovan Commission that tribunals be given the power to order re-employment, a power to recommend re-engagement was included in the Industrial Relations Act 1971. The statutory powers were strengthened by the Employment Protection Act 1975 and remain in the form laid down in that Act to the present day.
The Preachers of Trinity College, Cambridge, 1552–1860: the Use and Abuse of a College Office*
Authors: Smith Jonathan 
Published: November 2023

Abstract
On 11 May 1817, James Henry Monk, fellow of Trinity College, Cambridge and Regius Professor of Greek, wrote one of his weekly letters to Jane Smart Hughes, the woman who was to become his wife. Amongst other details of life at Trinity, he writes of the vacant college living of Roxton with Grendon, thus: Mr Wiles, it is thought, will take the Bedfordshire living—but some of the College Preachers have got a notion that it is within 20 miles of Cambridge & may therefore be held with a Fellowship. They have therefore had the nearest road to it measured, & find it above 21 miles, they are however now endeavour- ing to make out that it does not exceed 20 miles in a straight line. In order to satisfy the demands of the preachers, the college had engaged the surveyor Alexander Watford to measure the distance by road from Trinity to Roxton church by not one, but two different routes— the detailed document showing his measurements is preserved in the college archive. Watford discovered that the shorter route was indeed more than twenty-one miles, and it was he who put it in the fellowship’s mind that the distance between Roxton and the college might be less than twenty miles as the crow flies. The effort and expense that college went to to ascertain the distance that lay between it and one of its Bedfordshire parishes, and the fact that it was clearly being discussed with some interest within the house, suggests that it was a matter of some importance, especially to the officers who initiated the survey, the college preachers.
Large and Complicated Universities: Toronto and Melbourne
Authors: Bruneau William 
Published: November 2023

Abstract
Martin L. Friedland. The University of Toronto: A History. Toronto: University of Toronto Press, 2002. In 1969–1973, Princeton’s Shelby Cullom Davis Center for Historical Studies hosted a four-year Seminar on the history of education. A first outcome was three books edited by Lawrence Stone, but a longer-term result was broadened commitment among historians to social studies of the university. Mediævalists never doubted the value of university history, but their modernist cousins began to take it more seriously in and after the 1960s. Under the new dispensation, university historians would attend to the university’s social background. They would consider the political economies of public and private higher education. They would locate students and faculty in social classes-of-origin, in multiple cultural environments, not forgetting to explain power and administration inside the academy. The gossipy tales of collegiate intrigue that worked so well in Max Beerbohm’s Zuleika Dobson, F. M. Cornford’s Microcosmographia academica, C. P. Snow’s The Masters, and David Lodge’s Small World —and indeed in many a university history—would no longer do. If there was to be petite histoire (and narrativist, feminist, and post-modernist histories have considerable sympathy for it), it must discuss gender, ethnicity, urbanism, industry and class.
Introduction
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam 
Published: November 2023

Abstract
Supposedly unmeritorious asylum seekers, and their alleged abuses of the United Kingdom’s immigration and welfare systems, have now been a staple topic for sections of our news media for some years. Yet the explosion in asylum and human rights cases is a comparatively recent phenomenon when compared with the stream of immigrants who for decades have been coming to this country with official approval or encouragement.A review of the Immigration Appeal Reports for 1987 shows that of just under 70 reported cases, only seven had an asylum context under the Refugee Convention (and some of those cases concerned only bail), and in only one other case were arguments based directly on the European Convention on Human Rights (ECHR). A large proportion of the rest were ‘family’ cases.