bluuebunny/crossref_metadata_2025_split huggingface dataset:
Procedural Irregularity
Authors: Amerasinghe C F 
Published: November 2023

Abstract
General i.62. The conclusion thus reached that the procedure followed in this case is so defective as to render null and void the decision taken against the Applicant and to lead the Tribunal to order its rescission is by itself sufficient to dispose of the application and to support the remedial measures which the Tribunal will order. However, since the Tribunal is also empowered to consider the sub stance of the case made by the Bank against the Applicant, it does not wish to leave any impression that, although the disciplinary measures taken against the Applicant are being quashed on procedural grounds, there remains any basis on which the Applicant can still be thought to have commit ted the misconduct alleged against him …64. There is, moreover, another feature of this case which troubles the Tribunal. The basis on which the Applicant and, it seems, others have incurred disciplinary measures arising out of the sale of the scrap copper is that the metal was dis posed of in breach of the provisions in the Bank’s Administrative Manual relating to ‘Asset Disposal’. But the Tribunal notes that for the purposes of the relevant sections of that Manual assets are defined as ‘all tangible property owned by the Bank Group, except for financial instruments and real estate’. Yet, the documents before the Tribunal emanating from the Bank state that the question of title to the scrap copper remains unresolved; it could have belonged to the Bank or it could have belonged to the contractors.
Terms and Conditions of Employment
Authors: Amerasinghe C F 
Published: November 2023

Abstract
General i.30. As to the Applicant’s contention that the termination of salary grandfathering after two years constituted a violation of an ‘essential condition of employment’, within the principles announced by the Tribunal in de Merode, Decision No. 1 [1981], and Pinto, Decision No. 56 [1988], the Tribunal has already unequivocally rejected this contention.31.In Klaus Berg (No. 2), Decision No. 99 [1990], the situation of the Applicant was in all pertinent respects identical to that of the Applicant here. Mr. Berg had been employed in a level 26 position prior to the 1987 Reorganization and had accepted assignment thereafter to a level 24 position rather than terminate his employment with the Bank. After two years of salary grandfathering, his salary was administered within the range for level 24 positions, and because his then-current salary was well within that range he was given a salary.
Principles of Staff Employment
Authors: Amerasinghe C F 
Published: November 2023

Abstract
See also Sect. 6(b) i.23. The Applicant has been accused by the Bank of having committed fraud by claiming overtime in excess of time actually worked. The disciplinary measure imposed has been termination of employment. The basic rule invoked by the Respondent is Principle of Staff Employment 3.l(c) to the extent that it imposes an obligation on staff members not to ‘engage in any activity that is incompatible with the proper discharge of their duties with the Organization’. Staff Rule 8.01 elaborates on this Principle by defining conduct for which disciplinary measures may be imposed, with particular reference to ‘unlawful acts (e.g., theft, fraud, felonious acts, use or possession of illegal drugs); and other misconduct (e.g., physical assault; harassment on the basis of race, color, sex, sexual orientation, or national origin; willful misrepresentation of facts intended to be relied upon)’.
Legal Classifications as the Production of Knowledge Systems
Authors: Collins Hugh 
Published: November 2023

Abstract
Can we wrench the topic of legal classification from lawyers’ hands for a moment? They hold it tight, for it is the master key to the inner sanctum of legal discourse. That space, like the quadrangle of the old Bodleian library, contains doors marked by the classifications of legal knowledge, such as public Jaw and private law, contract, property, and tort. Behind each door lurks the complex structure of categories, conceptions, and rules, through which legal knowledge interprets events in the world and proposes standards of behaviour. If we resist the temptation to investigate the mysteries which lie within and abide in the open quadrangle, then we can examine the archi tecture of this system of knowledge.
Statutory Changes in Disability Policy: Types of Legislation, Policies, and Goals
Authors: Silverstein Robert 
Published: November 2023

Abstract
In many countries, legislatures have adopted statutory frameworks that reflect a new paradigm in which persons with disabilities, with all of their differences, are socially integrated. As a national example, this chapter focuses on the United States and its federal legislation. These efforts have critical implications regarding the design, implementation, and evaluation of programs and policies that affect persons with all types of disabilities. Persons with intellectual disabilities, as members of this broader class, benefit from the statutory and policy frameworks that all persons with disabilities in their respective countries enjoy, or should enjoy. This chapter emphasizes cross-disability issues, fundamental beliefs, and core policies that vigilant advocacy can realize.
Self-Determination, Autonomy, and Alternatives for Guardianship
Authors: Herr Stanley S 
Published: November 2023

Abstract
Self-determination involves the struggle for control and a voice in the key personal decisions that affect the life of an individual with intellectual dis abilities. On its face, guardianship seems antithetical to self-determination, as it shifts the locus of control from the affected individual to a legally empowered agent, the guardian. In recent years, a number of countries have adopted new legislation to minimize the use of guardianship and to introduce less restrictive alternatives. This chapter outlines these developments as well as related legal reforms that enable persons with intellectual and other disabilities to obtain companionship for personal support and other forms of assistance.
Charities And Taxation
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
Charities, and gifts to charity, enjoy significant tax exemptions and reliefs. 3.01 The following discussion concentrates on the fiscal advantages accorded to the charities themselves; the fiscal privileges enjoyed by gifts to charity are dealt with mainly in chapter 19. The tax implications of charity trading are analysed in chapter 20. Specific tax exemptions can be claimed by a charity by virtue of section 505(1) of 3.02 the Income and Corporation Taxes Act 1988 (ICTA). The exemptions are contained in the five surviving out of the original six lettered paragraphs.
Benefit To A Sufficient Section Of The Community
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
In the context of the law of charity, the expression ‘public benefit’ is somewhat 5.01 ambiguous. First, it can mean that the purpose itself must benefit the public. Such public benefit is necessary under all four heads of Pemsel’s case, and it indeed describes the fourth head. Public benefit in this sense has been considered in the definition of charitable purposes in chapter 4. Secondly, however, it can mean that the section of the community to benefit is sufficient. A trust for the advancement of education, for instance, satisfies the public benefit requirement in the first sense, but it will still not comprise a charitable trust if the persons to benefit are restricted to a class of persons which is not a sufficient section of the community in charity law. It is this second sense of the expression with which the present chapter is concerned.
The Charity Commissioners
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
functions and powers are now contained in the Charities Act 1993. The Commissioners are civil servants appointed by the Home Office. There must always be at least three Commissioners, one of whom is the Chief Charity Commissioner. At least two of these must be legally qualified. There is also provision for the appointment of not more than two additional Commissioners; and two part-time Commissioners have been appointed. The Commissioners are assisted by a staff of several hundred persons. There are three branches of the Charity Commissioners: London, Liverpool,7 and Taunton.
Mediation And Dispute Resolution
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
Charities may be involved in a variety of disputes, but these are essentially of three 14.01 kinds. First, there are internal disputes between those involved in the charity, either as groups or as individuals. There may, for instance, be disputes between rival groups of members, or between the trustees and the members, or between the charity and one or more of its employees. Secondly, there may be disputes between a charity and a third party, such as a contractor or supplier, or a local authority, a landlord or a tenant. Thirdly, there may be disputes between different charities.
EAGGF, Guidance Section
Authors: Evans Andrew 
Published: November 2023

Abstract
Article 33(1)(a) of the EC Treaty provides that the common agricultural policy shall seek to increase agricultural productivity. It shall seek to do so by promoting technical progress and by ensuring the rational development of agricultural production and the optimum utilization of factors of production, in particular labour.’ At the same time, concern is expressed for social aspects of farming. According to Article 33(1)(b), the policy should seek to ensure a fair standard of living for the agricultural community, particularly by increasing the individual earnings of persons engaged in agriculture. Moreover, in the elaboration of this policy and the special methods for its application Article 33(2)(a) requires that account be taken of various factors. These include the particular nature of agricultural activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural regions.
Can Negligence be Culpable?
Authors: Simester A P 
Published: November 2023

Abstract
Reasonableness is in the lifeblood of law. Our legal system does not, indeed cannot, specify with precision what is to be done in every variety of circumstance. Instead, its rules are often stated in terms of what is reasonable, or of what a reasonable man would do. Jurors are enjoined to find the accused guilty of a negligence-based offence only if his conduct has fallen below the standard to be expected of a reasonable man: that standard is left to them with no further definition. In contract law, objective tests for the formation and interpretation of contracts are elucidated by reference to reasonable understandings: ‘[t]he judicial task is not to discover the actual intentions of each party; it is to decide what each was reasonably entitled to conclude from the attitude of the other’.1 Actions in estoppel are concerned to protect reliance upon reasonable, rather than unreasonable, expectations that the defendant has in some way fostered. Similarly, principles of causation normally exclude the defendant’s responsibility for harmful consequences unless such harms are reasonably foreseeable.
On the Conceptual and Philosophical Foundations of Tort Law
Authors: McBride Nicholas J 
Published: November 2023

Abstract
In this essay I want to talk about the philosophical foundations of tort law. But perhaps I should start by making clear what branch of the law I am referring to when I use the term ‘tort law’. It is necessary to do this because some lawyers use the term ‘tort law’ to refer to one branch of the law while other lawyers talk about a quite different branch of the law when they use the term ‘tort law’. The reason for this is that not all lawyers use the term ‘tort’ in the same way.
How Does Marshalling Work?
Authors: Ali Paul A U 
Published: November 2023

Abstract
The historical account of marshalling of securities in the preceding chapter reveals two conflicting views as to how marshalling should protect the priority-ranking of the holders of mesne security. The first (and older) of these views-labelled the ‘coercion theory of marshalling ‘-holds that marshalling preserves priorityranking by dictating the order of realisation of the assets subject to the senior security. In contrast, the second view-labelled the ‘post-realisation theory of marshalling ‘-contends that priority-ranking is preserved by granting the junior creditor access to the senior security following the recoupment of the senior debt.
Marshalling Of Securities And Other Equitable Doctrines And Remedies
Authors: Ali Paul A U 
Published: November 2023

Abstract
This chapter explores the relationship between marshalling of securities and consolidation of mortgages, contribution and specific performance. Each of consolidation, contribution and specific performance has been claimed as the basis for the doctrine of marshalling. As such, the nature of marshalling would be explicable only by reference to its progenitor. Further, the claims made for consolidation and specific performance would, if correct, have serious consequences for the efficacy of marshalling.
Introduction
Authors: Mitchell Charles 
Published: November 2023

Abstract
This book is essentially concerned with claims in the English law of unjust enrichment to recover the value of money paid in the following situation. Two parties, who will be described here as the claimant and the defendant, are both legally liable to a third party. The law forbids the third party to recover in full from both the claimant and the defendant: he may not accumulate recoveries by enforcing his rights against both of them. As between the claimant and the defendant, the law also holds that some or all of the burden of paying the third party should be borne by the defendant.
Claimant’S Liability To Creditor
Authors: Mitchell Charles 
Published: November 2023

Abstract
As discussed in Chapter 6, a claimant who has paid a creditor cannot recover contribution or reimbursement from a defendant unless his payment to the creditor was made pursuant to a legal liability. In this chapter, three questions will be discussed, all of which go to a defendant’s ability to argue that a claimant was not liable to the creditor. First, where the claimant and the defendant are joined as defendants to proceedings by the creditor, or where the creditor sues the claimant and the claimant joins the defendant to these proceedings by issuing a Part 20 claim against him, can the defendant raise defences.
DEFENDANT’S LIABILITY TO CLAIMANT
Authors: Mitchell Charles 
Published: November 2023

Abstract
This chapter will consider various defences going to the defendant’s liability to the claimant. Part B will discuss the effect of contractual terms which exclude or limit or vary the defendant’s liability to the claimant in some way. In Part C the situation where the defendant settles the claimant’s contribution or reimbursement claim will be noted. Part D will examine the rules on limitation of actions which govern contribution and reimbursement claims. Part E will discuss whether it affects a claimant’s entitlement to contribution or reimbursement that he has acted improperly or illegally. Finally, in Part F, the effect of a defendant’s death on a claimant’s cause of action will be examined.
Transparency, Confidentiality and Freedom of Information
Authors: Merry Allan 
Published: November 2023

Abstract
Sectoral economic regulators were founded with the intention that they should exert upon historic or natural monopolies disciplines equivalent (or at least similar) to those which exist in market competition. This requirement was (and still is) especially important for the protection of customers ‘ interests over price and quality of service, unless and until true competition emerges. To the latter end, sectoral regulators have also been required to exercise their functions in such as way as to facilitate (or even promote) competition.
Regulating the Telecommunications Sector: Substituting Practical Co-operation for the Risks of Competition
Authors: Coates Kevin 
Published: November 2023

Abstract
The telecommunications sector is favoured with the attentions of many different regulatory authorities, applying different laws, competition law and sector-specific regulation, derived from different legal orders, Community, national and international. Given the number of regulators involved, there are two areas of potential problems: the first relates to the relationship between the regulators and the difficulties associated with concurrent as opposed to exclusive jurisdiction; the second relates to the risks of over-regulation more generally. This article looks at the former rather than the latter.
Selective Incorporation of .Foreign Legal Systems to Promote Nepal as an International Financial Services Centre
Authors: Jackson Howell E 
Published: November 2023

Abstract
This paper arises out of a project sponsored by the United Nations Development Programme and designed to assist the Kingdom of Nepal in becoming an attractive host jurisdiction for the international financial services industry. My specific assignment was to recommend a regulatory structure that would be both effective in overseeing financial intermediaries that choose to do business in Nepal and practical in light of Nepal ‘s existing legal and professional resources. What emerged from this project was a novel recommendation. In contrast to traditional legal reform strategies, which depend in large part upon the development of indigenous legal structures, the premise of my proposal for Nepal was that, for purposes of establishing itself as an international financial services center, :His Majesty ‘s Government of Nepal would be better served by selecting a limited number of existing, well developed legal regimes and then allowing qualified foreign firms to establish international financial operations in Nepal as long as the firms conduct these Nepalese operations in accordance with one of the legal regimes that His Majesty ‘s Government has selected. Under my proposed approach, a Swiss bank establishing an international lending office in Nepal could elect for its operations to be governed by Swiss law, whereas a Dutch insurance company setting up a Nepalese facility could choose to follow the law of Holland or perhaps the law of the Netherlands Antilles.
The Interim Rent
Authors: Haley Michael 
Published: November 2023

Abstract
The facility of an interim rent was created in 1969, by the insertion of section 24A 6.01 into the Landlord and Tenant Act 1954, to offer the landlord much needed protection from financial disadvantage during the continuation period between the end of the contractual tenancy and the commencement of a new lease. It is a bridging device which caters for a variation of the former contractual rent until the time when, on renewal, a market rent becomes payable. The interim rent, therefore, constitutes a counterweight to the tenant’s right to prolong the continuation tenancy under section 24(1).1 As Lawton LJ explained in Bloomfield v Ashwright Ltd: ’There were probably two reasons for its introduction. First, experience between 1954 and 1969 had shown that some tenants who anticipated a rise in their rent following the grant of a new lease had delayed the day of judgment. The second reason was that by 1969 inflation was beginning to rear its head in the United Kingdom.
Defeating The Tenant’S Claim: Illegality And The Discretionary Grounds
Authors: Haley Michael 
Published: November 2023

Abstract
Under section 29 of the Landlord and Tenant Act 1954, the primary right of the business tenant is to apply for and obtain the grant of a new lease following on from the determination of the current tenancy. In default of agreement, the grant or refusal of a new tenancy must be determined by the court. The terms of any such renewal may also be worked out by the court. This jurisdiction is limited by the requirement that the tenant must have adhered to any prescribed time-limits and procedures.1 Accordingly, the right to renew can be sacrificed through slow- ness and inaction. In order for the court to grant a renewal, it is, moreover, necessary that the tenancy is within the catchment of the Act and remains so until the proceedings are concluded.
The Citizen-Individual in Western Christianity
Authors: Hermet Guy 
Published: November 2023

Abstract
Any discussion of the relationship between politics and religion within Western Christianity must begin with the work of Max Weber. However, although The Protestant Ethic illuminates a specific aspect of individualism in Northern Europe, it is not the only key to an understanding of the values underlying the emergence of modern citizenship.
Although its importance cannot be overstated, the Weberian interpretation is neither exhaustive nor universally applicable in the European context. Given its emphasis upon a particular phase of one particular expression of Calvinism, it ignores significant areas relevant to the dynamics of individualization in our societies.
On Rationality and Democratic Choice
Authors: Pizzorno Alessandro 
Published: November 2023

Abstract
Received opinion on democracy carries within it a certain number of presuppositions: each individual acts according to his own interests; the individual is the best judge of these interests, in the economic as in the political sphere; because democracy allows citizens to choose between several ‘policies’ it is the most efficient way of satisfying interests. These presuppositions are the basis of a general theory of politics which is now hegemonic in the Anglo-Saxon world and widespread throughout continental Europe. It sees itself as a positive theory because it creates predictive models: the behaviour of individuals can be deduced once their intended aims are known (aims which can be deduced from their interests). And it is assumed that individuals act rationally, that is to say, choose the means adequate to the aims they are trying to achieve. It also sees itself as a normative theory: if it can be assumed that the possibility for each person to pursue his interests is a value, then the political procedures which will allow the greatest number to pursue the satisfaction of their interests can be prescribed.
Australia
Authors: Ravenhill John 
Published: November 2023

Abstract
As an island continent whose closest neighbour, Papua New Guinea, was its Trust Territory until 1975, Australia has been largely immune from the forces that have led subnational units in other federated states to engage in what Duchacek has termed ‘transborder regionalism’. Furthermore, Australia’s cultural and racial isolation – captured in the characterization by its longest-serving Prime Minister, Sir Robert Menzies, as a country ‘washed on our western and northern shores by potentially hostile seas’ – has ensured that the principal effect of regional transnational influences on Australia for most of its existence was to generate fear.
Conclusion
Authors: Michelmann Hans J 
Published: November 2023

Abstract
The seven country studies that constitute the bulk of this volume amply demonstrate the scope and complexity of the ‘trans-sovereign encounters of a new kind’, as Ivo Ducachek, in the Introduction, has called the international activities of subnational units of federal systems. They highlight the challenges to federal governments that such activities represent, as well as the opportunities for federal states to forge international relations that are more attuned to the needs of their citizens in a world whose states, for a whole host of social, political, technological, ecological, and economic reasons, arc becoming increasingly interdependent, less parochial, and less self-sufficient. The country chapters also shed light on the range of constitutional and institutional practices that have been devised to deal, more or less effectively, with the realities of provincial/state/ Länder paradiplomacy. What conclusions can we draw from this seven-country symposium?