bluuebunny/crossref_metadata_2025_split huggingface dataset:
Constituent Treaties
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Significant among the legal arrangements that may be relevant to the question of the sources of the law governing employment relations in international organizations are the constituent instruments of these organizations. It is arguable that the constituent instrument of an organization is res inter alios acta with respect to the staff of the organization, because it is concluded between States and therefore has no direct relevance to the employment relationship and creates rights and duties primarily between the member States.’ However, in so far as the constituent instrument lays down a legal regime for the organization it was intended to create, it takes effect as a statute which may have an impact on legal persons other than States who are within that regime. Since it has this statutory character, it could create rights and duties for staff members of the organization who are within the legal regime it creates in their employment relationship with the organization and be the source of powers for the organization itself in this area. The consequences of this could be that international administrative tribunals will apply constituent instruments of organizations, where appropriate, in deciding cases between the staff and the organization in employment relations. It would appear that there is overwhelming evidence supporting such a view, in so far as the issue has been brought before such tribunals and they have generally agreed that constituent instruments are sources of law for the employment relationship in international organizations, though there are problems connected with some of the inferences made by some tribunals in this regard.
Staff Regulations, Staff Rules, and Similar Written Instruments
Authors: Amerasinghe C F 
Published: November 2023

Abstract
It has never been disputed that Staff Regulations or their equivalent by a different name are sources of law for international administrative tribunals. In fact, to some degree they are the main source applied by these tribunals. Staff Rules, or their equivalent which are established under powers delegated by the Staff Regulations, are also recognized sources of law. Further, there may be other subsidiary instruments which have the status of legislative texts. A few questions have arisen in regard to Staff Regulations, Staff Rules, and subsidiary instruments as sources of law which will be considered here.
Municipal Law
Authors: Amerasinghe C F 
Published: November 2023

Abstract
There are provisions of Statutes of international administrative tribunals which explicitly exclude the application of municipal law per se as the law governing the employment relationship. But even in the absence of such stipulation it seems to be generally accepted that the internal law of the organization is not the municipal law of the host State of the organization or of any other State, whether this includes private international law or not. It has been asserted explicitly or acknowledged implicitly in many decided cases that this position is the correct one. The WBAT, by not defining the internal law of the World Bank as synonymous with one or more municipal systems of law, implicitly accepted the argument of the respondent that general or particular national labour laws were not per se the source of law for the employment relationship in the organization.
Res Judicata and Review of Judgments
Authors: Amerasinghe C F 
Published: November 2023

Abstract
The application of the principle of res judicata may result in the inadmissibility of an action and thus pertains to the jurisdiction of international administrative tribunals. Conversely, the power of tribunals to review judgments which they have already rendered affords tribunals a reason for exercising jurisdiction and, consequently, also relates to their jurisdiction. In a sense, as will be seen, the jurisdiction to reopen a case in order to review a previous judgment derogates from the principle of resjudicata and is, thus, directly connected with that principle as a ground for inadmissibility.
Remedies in the UNAT
Authors: Amerasinghe C F 
Published: November 2023

Abstract
As noted in Chapter 26, the provisions on remedies of the Statute of the UNAT differ significantly from those in the Statute of the ILO AT . In effect there are apparently more limitations placed on the powers of the UNAT freely to grant remedies than on those of the ILOAT. Particularly, the choice between rescission or specific performance and the payment of compensation in lieu of rescission or specific performance lies with the respondent and not with the UNAT, and remand is ostensibly provided for only where the respondent requests it prior to the determination of the merits of the case and in respect of defects in procedures prescribed by the Staff Regulations and Staff Rules. Further, there appears to be a limitation on the amount of compensation that may be awarded, in so far as a ceiling of years’ salary is placed, with provision for the award of a higher amount in exceptional cases.
Aspects of Procedure
Authors: Amerasinghe C F 
Published: November 2023

Abstract
As already pointed out, the Statutes of international administrative tribunals have little to say on issues of procedure before such tribunals, while providing that the tribunals should establish their own procedures. Issues of procedure are thus determined generally under the rules of procedure of a tribunal or on the initiative of the tribunal by the application of general principles of law or what purport to be general principles of law. Reference is not usually made by tribunals to general principles of law as a source in settling issues of procedure which are not settled by a direct application of a written rule of procedure but it would seem that this is in most cases the intended legal source. Clearly, where a discretion is exercised in matters of procedure, it is exercised in a legal manner under an express or implied grant of power to do so.
Procedural Fairness
Authors: Galligan D J 
Published: November 2023

Abstract
Procedural unfairness is one of the main heads of judicial review of administrative action. It has a long history in the common law and was well established in judicial review in the nineteenth century. Cooper v. Wandsworth Board of Works is one of many cases which show that the courts at that time had no difficulty in relying on a general principle of procedural fairness in order to extend the hearing rule to administrative and ministerial decisions. Things did go wrong after that, with the courts drawing in the principle to cover only judicial type proceedings, until, eventually, in one of the great public law cases, Lord Reid rescued the principle and set it on its modern course.
English and Scottish Approaches
Authors: Cretney Stephen 
Published: November 2023

Abstract
In the offices of the English Law Commission there is prominently displayed a print of the Declaration of Arbroath (1320) which proudly asserts the determination of the Scots never to allow themselves to be subject to the domination of the English; and the integrity of the Scottish legal system is a matter to which importance—in recent years perhaps increasing importance-is rightly given. In the context of family law the result has been, not only a radically different conceptual framework for the private law affecting children, but some remarkable differences of legislative policy. For example, although the ground for divorce is similar on both sides of the Tweed, the Scot can petition for divorce as soon as he or she wants to do so and does not have to wait for at least a year from the marriage before starting legal proceedings for its dissolution. Again, the financial consequences of divorce in Scotland are governed by a statutory code1 of clearly articulated principles-for example, that financial provision for a dependent spouse should be such as to permit adjustment over a period of not more than three years to the loss of the other’s support whereas the comparable provisions of English law eschew any declaration of principle and may indeed be thought to have abdicated responsibility for decisions on policy to the judiciary. Finally, and perhaps most remarkably, whereas a twelve year-old Scottish child can make a valid will, English law confers this privilege only on infants who are mariners or in actual military service.
The Community Import Regimes for Sensitive Products: Textiles and Clothing, Japanese Cars, and Bananas
Authors: Eeckhout Piet 
Published: November 2023

Abstract
The Community’s policy concerning imports of textiles and clothing has to some extent already been dealt with in the preceding chapter. Nevertheless, it is necessary to analyse it in some more detail here, because not all the important developments that are taking place in the framework of this policy could be examined in the general overview which that chapter offers. More over, textiles and clothing are, from an economic point of view, a very sensitive sector, in which the Community’s industry experiences a lot of difficulties in competing with third-country suppliers. This was in the past reflected in the frequent application of Article 115, EC Treaty, with a view to shielding national markets from indirect imports of textile products originating in third countries. In turn, this frequency was already an important indicator of the lack of uniformity in the Community’s regulation of textile imports. Seen from this angle, this sector certainly also deserves some special attention in this study.
Processes and Governmental Strategies
Authors: Baldwin Robert 
Published: November 2023

Abstract
Governmental processes are generally linked to various broad strategies of government. Such broad strategies may involve, for example, providing for agency regulation in an area; or giving the sector over to operation by a public corporation; or imposing a system of monitored self-regulation; or delegating a public function to a private provider; or allowing the market to operate within a system of governmentally-imposed fiscal incentives. The processes that can be used are also various. Thus, for example, resort may be made to rules of different kinds but, alternatively, an array of adjudicative processes may be adopted; decisions may be made managerially; policies, actions, or decisions may be negotiated; formal or informal arbitrations may be conducted; particularized contractual arrangements may be employed; or inquiries of various kinds may be instituted. The linkage of process to strategy is, however, inevitably close, and it is accordingly difficult to claim legitimacy for a process if the overall strategy is not to be deemed worthy of support. To give an example: the maker of prescriptive regulatory rules on, say, pollution standards may rely heavily on the efficiency and due process rationales in claiming support for the processes adopted, but that support is unlikely to be forthcoming if critics are able to argue convincingly that the pollution could be controlled more efficiently and fairly by abandoning the strategy of regulating by prescriptive standard-setting and turning to another strategy-for instance one allowing market forces to govern the issue through processes of negotiation.
Competition
Authors: Kessedjian Catherine 
Published: November 2023

Abstract
Traditionally, in law, there are two areas of competition: unfair competition and antitrust, as this term is used by the French Ordinance of 1986, Articles 85 and 86 of the Treaty of Rome for the European Union, or the Clayton and Sherman Acts in the United States. Both types of competition, to a different degree, are intended to protect private and public interests. Indeed, these regulations aim at protecting a certain concept of the market and an economic order promoted by states, based on free movement of goods and services, and to protect market operators from unfair dealings.
The Right to Life
Authors: Joseph Sarah 
Published: November 2023

Abstract
1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court.
Legal Compulsion I: Reviving Subrogation
Authors: Mitchell Charles 
Published: November 2023

Abstract
Where a plaintiff has been legally compelled to make a payment or, being compellable by law, has made a payment in respect of an obligation for which a defendant is primarily liable and his payment discharges that obligation, the plaintiff will generally be able to recover his payment as money paid to the defendant’s use,1 and in appropriate circumstances he may also be entitled to supplement this action with secured rights acquired via reviving subrogation. Not all payments made under legal compulsion in respect of another’s obliga tions discharge those obligations. Payments by insurers to their insureds do not extinguish whatever rights of action the insureds may have against third parties in respect of the insured loss; nor do payments made to the holders of ordinary bills of exchange by drawers or indorsers of the bills discharge the acceptors’ liability. This is not to say that the payors in these situations are not entitled to a restitutionary remedy. As is discussed below in Chapter 6, the remedy to which they are entitled is simple subrogation. However, the cases discussed in this chapter all concern the situation where S makes a payment under legal compulsion to RH in respect of the obligations owed to him by PL, and PL’s obligations are thereby discharged.
Mistake
Authors: Mitchell Charles 
Published: November 2023

Abstract
The cases discussed in this chapter all concern the situation where a party S pays money by mistake and this money is paid to RH in respect of the obligations owed to RH by PL. S may himself pay RH directly; alternatively, S may pay PL, who then pays RH; or again, S may pay some fourth party X, who then pays RH. Before it can properly be considered whether S should be entitled to acquire RH’s rights via subrogation, three preliminary issues must be addressed: whether the mistake under which S makes his initial payment is of a kind sufficient to ground a restitutionary claim; whether S’s mistake is such that he is entitled to bring a proprietary restitutionary claim to recover his payment; whether RH’s rights against PL are extinguished when RH is paid.
The Nature of the Remedial Constructive Trust
Authors: Waters,Q.C Donovan W M 
Published: November 2023

Abstract
In 1941 Dr E. I. Sykesdescribed the doctrine of the Anglo-Commonwealth constructive trust as ‘a vague dust-heap for reception of relationships which are difficult to judiciary, may well have a prime concern for certainty and predictability, while the litigator and other judges welcome a perceived new flexibility with enthusiasm. ‘Equity’ specialists divide into those who mean by ‘equitable principles’ the received doctrinal inheritance from the nineteenth classify or which are unwanted in other branches of the law.’ In 1992 Mr Justice E.W. Thomasof the New Zealand Supreme Court declared that ‘the case law is in chaotic disarray, and attempts to clarify the essential principles by reference to past authorities are destined to disappoint the investigator.’ He points to the occurrence of ‘seemingly learned decisions adding to the general confusion.’ In the previous year in this city Sir Peter Millett was of the view that at least for some circumstances’ the use of the language of constructive trust has become such a fetile source of confusion that it would be better if it were abandoned.’
Non-Marital Property
Authors: Eekelaar John 
Published: November 2023

Abstract
Avast literature has developed in the common law jurisdictions on the way their courts have responded to the resolution of disputes between unmarried former cohabitees over their property holdings. Some of the debate has drifted into doctrinal disputations about the nature of constructive or resulting trusts, and, in particular, whether there is or should be any distinction between constructive trusts and estoppels. I think this is unfortunate because in such debates it is easy to lose sight of the true nature of the problems which the litigants have brought to the courts for a solution.
Policing the European Union
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
International co-operation in criminal law enforcement has become a centrally important policy issue for Europe in the 1990s. In criminal matters, when a decision is taken to go beyond the discretionary exchange of information towards institutionalized police co-operation, a whole Pandora's box of issues and problems is opened. This book, based on interviews in a wide variety of documentary sources, examines the progress of this co-operation. The authors cover all the major and theoretical issues associated with the emerging pattern of co-operation, including the harmonization of criminal law and criminal procedure, law enforcement strategies, police organization and discipline, and the politics of immigration and civil liberties. In a European Union without internal border controls there is widespread agreement on the objective of closer police co-operation. But prospects in some areas are not good and there are potential pitfalls, even dangers, along the road to more integrated arrangements. The authors conclude by making recommendations that proper accountability arrangements are a prerequisite of a balanced and efficient system of European police co-operation.
Introduction
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
The focus of this work is on the protection of the rights of migrant workers and their families in countries of employment under international human rights law. The rights under examination are economic, social, cultural, political, and residence rights, which are arguably of most concern to migrants once they are in the host country. For the purpose of this study, economic and social rights are defined as follows: employment rights, which incorporate the right to equal treatment with nationals in respect of work and employment conditions and the right of access to employment; trade union rights; social security rights; the right to health, which covers rights to healthcare and occupational health and safety; the right to housing, including private ownership of property; the right to family reunion; and the right to education, which comprises both the education of mi grant children and workers ‘ education, such as vocational training and langu:-tge instruction. The cultural rights of migrant workers and their families embrace the right to retain and develop their culture and language as well as the right of the children of migrants to be taught their culture and language or to be educated in their language. The political rights of migrants encompass a right to political activity and a general right to participate in the decision-making process con cerning their interests, including the right to vote and to stand as a candidate in local elections.
International Migration for Employment: An Overview with Reference to the Right to Development
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
Anthropologically-speaking, migration is an irrepressible human urge. People have always wanted to move to places with more spiritual freedom, greater political liberty or higher standards of living (and the satisfaction of basic needs in their country of origin does not constitute a threshold at which the urge to migrate suddenly vanishes or loses legitimacy). The more tolerant the receiving State, the more attractive its spiritual freedom and political liberty; the richer it is, the stronger its economic pull. When tolerance and wealth go hand in hand, man-made laws can attempt to regulate migration but they cannot suppress it ... Economically-speaking, migration represents for the individual an escape from poverty (relative or absolute) and it relieves his home country of mouths to feed and bodies to clothe and shelter-even if it does not necessarily boost its productive capacity or afford it other gains as it does the individual and the country of employment.These are fascinating and extraordinary times, but also precarious and unpredictable. Since 1989, there have been many political changes, particularly in Europe. With the collapse of the Berlin Wall, the great ideological barrier between East and West has been swept aside. In its place, uncertainty reigns. Many states have regained their political freedom after a long period of oppression. Many more have entered the arena of international affairs for the very first time. War has raged in the heart of Europe-in the newly independent states of the former Yugoslavia and especially in Bosnia-Herzegovina. Conflict and unrest have spread to many comers of what was once the Soviet Union, where nations and peoples have sought to assert themselves after a long dark period of totalitarian rule. In Africa, genocidal atrocities, on an unprecedented scale, have been committed in Rwanda. These recent events, as is often the case, have eclipsed those unchanging concerns which have constantly preoccupied the international community, such as the scourge of poverty and the continuing and widening economic divide between the poor developing countries of the South and the prosperous developed nations of the North.
The Protection of the Rights of Migrant Workers and their Families by the ILO With Particular Reference to the Migrant Workers Instruments of 1949 and 1975
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
This chapter examines the International Labour Organization ‘s contribution to the protection of the economic, social, cultural, political, and residence rights of migrant workers and their families, the first of a series of chapters dealing with international approaches to this question. It is fitting to begin with the International Labour Organization (ILO), which has a long-standing tradition of the protection of people in their working environment. Moreover, ILO Conventions relating to the protection of migrant workers and their families are the only universal set of standards concerned with this group currently in forceat the international level.1 Before undertaking an examination of these standards, it is proposed to set the discussion within the framework of ILO standard-setting activities in the field of human rights and the unique ILO supervisory procedures and mechanisms concerned with their protection and promotion.
The Role of Comparative Law and Law Reform
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
Despite the broad understanding of law reform introduced in Chapter 3, the support to reforming countries in drafting legislation remains one of the main elements of legal reform. However, the adoption model of legal reform in which a model act from a country or an institution is mainly translated into a foreign language, is not the one favoured by reforming countries today (although it may still play a covert role with some legal reform projects). Legislative proposals based on a comparative analysis of different laws are more appropriate in today’s environment.