bluuebunny/crossref_metadata_2025_split huggingface dataset:
Employee Status And The Contract Of Employment
Authors: Palca Julia , Taylor Catherine 
Published: November 2023

Abstract
This chapter considers the contract of employment, which is the agreement between the individual and employer, overlaying the statutory rights an individual enjoys. Specific aspects of the contract are considered and, in particular, those contractual terms which are determined by statute, such as working time, at least as far as an employer’s minimum obligations are concerned. The chapter also considers the status of the individual and what rights the individual will enjoy depending on this status as this underpins the employee’s rights and employer’s obligations in relation to the contract of employment and other rights described in the remainder of this book. As this topic is fundamental to employment rights and underpins the contractual position it is dealt with first.
Union Recognition
Authors: Palca Julia , Taylor Catherine 
Published: November 2023

Abstract
One of the innovations which the Labour Government introduced to UK industrial relations, in 1999, was a mechanism by which an independent union could require employers to recognize it for certain minimum collective bargaining purposes. The Employment Relations Act 1999, via TULR(C)A 1992, s 70 and Sch A1 introduced the relevant legislation. The process governing union recognition is policed by the Central Arbitration Committee (CAC). It is tortuous and complicated, almost as if it were designed to encourage the parties to reach a recognition agreement voluntarily, rather than go through all the hoops. Indeed the CAC positively encourages voluntary union recognition agreements. In this chapter, we summarize the process in checklists and flowcharts, but given the complexity of the process this summary should only be regarded as an outline of the likely steps and ultimately recourse must be had to the detailed provisions of Sch A1 of TULR(C)A 1992 for the definitive position.
Table Of Recent Tribunal Awards In Discrimination Cases
Authors: Palca Julia , Taylor Catherine 
Published: November 2023

Abstract
The amount of compensation may be uplifted by up to 50 per cent pursuant to ss 31 and 32 of EA 2002 should an employer fail to follow the disciplinary procedure or deal with a grievance brought by the employee and where this has occurred it is noted in the summaries. There is equally a power to reduce the amount of compensation, where the process is not complied with, but this is rare and none of the cases summarized include a reduction. If individuals are named as defendants in the proceedings, a tribunal may make an award against the individual as well as the employer, or even if the employer is not found to be liable. Interest will be awarded on the compensation award made(Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996 (SI 1996/2803)).
Introduction
Authors: Sambei Arvinder , Plessis Anton du , Polaine Martin 
Published: November 2023

Abstract
Although not a new phenomenon, terrorism has become an increasingly serious threat to international peace, security, and stability. Traditionally considered a domestic security problem, terrorism has evolved over time to become a sophisticated form of transnational crime that poses a threat to all nations. The attacks on the United States (US) on 11 September 2001 (9/11) were the most stark acts of terrorism in recent history. Together with a number of other serious incidents in several parts of the world in the 1990s,they demonstrated that terrorists had developed the capacity and global infrastructure to launch attacks capable of causing massive destruction of life and property.
The United Nations Counter-Terrorism Instruments
Authors: Sambei Arvinder , Plessis Anton du , Polaine Martin 
Published: November 2023

Abstract
As described in the opening chapter, international efforts to combat terrorism have been evolving for several decades, originating with the drafting of the Convention for the Prevention and Suppression of Terrorism by the League of Nations in 1937and culminating most recently in the adoption of the United Nations Global Counter-Terrorism Strategy by the United Nations General Assembly on 6 September 2006. Terrorism remained an item on the agenda of the international community throughout these years, but in the 1970s it became a much more pressing priority following a number of serious terrorist incidents, including the hijackings of several transnational airliners and the assault on the Olympic Games in Munich, Germany in 1972. The kidnapping of Ministers of the Organization of the Petroleum Exporting Countries (OPEC) in Vienna, Austria in 1975, and the increasing prevalence and severity of terrorist attacks in the following decades, further strengthened international resolve to respond to the growing threat.
Investigations and Prosecutions
Authors: Sambei Arvinder , Plessis Anton du , Polaine Martin 
Published: November 2023

Abstract
The nature of the terrorist threat has changed since the 1990s, with ensuing practical impact upon the way that investigations are conducted. The threat now for many States is of a network, or networks, of loosely-affiliated terrorist groups stretching to many parts of the world and having the aim, intent, and capability to attack without warning and to inflict mass casualties upon the public at large. Investigations, as a result, have become increasingly transnational, complex, and more likely to rely upon covert, or so-called ‘special investigative’ techniques.
Pre-Trial and Trial Issues
Authors: Sambei Arvinder , Plessis Anton du , Polaine Martin 
Published: November 2023

Abstract
In balancing human rights considerations, some jurisdictions have introduced offences which place an evidential burden on the defendant. For example, section 57 of the UK’s Terrorism Act (2000) creates the offence of possession of an article for a terrorist purpose and provides that, if someone resides at or is in habitual use of the premises, the court may assume that he is in possession of articles there, unless he adduces evidence sufficient to raise an issue as to his lack of knowledge in relation to the presence of the articles on the premises or as to his lack of control over them.
The Two Principal Market Structures
Authors: Castagnino John-Peter 
Published: November 2023

Abstract
The buy side of the derivative market comprises the end-users of derivatives. Any of the different types of counterparty described in paragraph 1.16 can potentially use a derivative, whether to decrease exposure to movements in the price of the underlying or to increase that exposure. Essentially, risk is either reduced or increased, depending on the end-user’s objective (whether to hedge or to express an investment view) and overall tolerance to risk. It is important to appreciate that the use of derivatives by certain types of counterparty (for example, investment funds) is governed very carefully by one set of regulations and the sale of derivatives to certain types of counterparty (for example, retail investors) is controlled by another set of regulations. Certain types of derivatives, credit derivatives, were actually created and developed in response to yet another set of regulations.
Accounting and Tax
Authors: Castagnino John-Peter 
Published: November 2023

Abstract
Financial services industry regulators already require authorized firms to make reports as to their exposure to the markets and to a variety of risks. This reporting is needed in order to monitor metrics such as whether or not compliance is being achieved with the requirement that adequate financial resources are maintained, and for other purposes such as the prevention of market abuse. Chapter 10 shows that compliance with the requirement that adequate financial resources are maintained is especially important in the context of the derivative markets, given the inherently greater risks that derivatives give rise to if they are not used properly. Financial institutions active in the derivative markets on both the sell side, such as investment banks, and the buy side, such as investment managers, should there-fore already be familiar with the methodology required to monitor and to account for derivative transactions. However, other participants in the market such as corporate treasuries might not be so readily acquainted with the particular subtleties that derivatives can give rise to.
Classical systems: reduced distribution functions
Authors: Pottier No¨elle 
Published: November 2023

Abstract
In order to determine the distribution function of a classical system such as a gas or a liquid, it is necessary to know its Hamiltonian. The structure of this depends on the nature of the interactions between the particles, as well as on the possible presence of external fields. In this , we focus on a system of particles whose interactions are limited to pair interactions. Even in this case, solving the Liouville equation constitutes an impracticable task, mainly because the distribution function concerns the whole set of interacting particles.
Brownian motion: the Fokker–Planck equation
Authors: Pottier No¨elle 
Published: November 2023

Abstract
Like the preceding one, this deals with the Brownian motion of a free particle, but from a diﬀerent point of view. We aim here to determine the temporal evolution of the distribution function of the Brownian particle’s velocity. This ‘a` la Schr¨odinger’ approach is complementary to the previously adopted ‘a` la Heisenberg’ one, which consists in determining the solution of the Langevin equation.
General linear response theory
Authors: Pottier No¨elle 
Published: November 2023

Abstract
Linear response theory is a general formalism applicable to any physical system slightly departing from equilibrium. It allows us to express the linear response functions and the generalized susceptibilities in terms of the equilibrium correlation functions of the relevant dynamical variables. For instance, in the case of the response to an applied external field, one of the two relevant dynamical variables represents the physical quantity conjugate to the field whereas the other represents the physical quantity whose out-of-equilibrium average is measured. The computation of the linear response functions relies on a first-order perturbation expansion of the density operator (or of the phase space distribution function) of the system coupled to the field. The expressions thus obtained constitute the Kubo formulas of linear response theory.
The ﬂuctuation-dissipation theorem
Authors: Pottier No¨elle 
Published: November 2023

Abstract
This deals with the ﬂuctuation-dissipation theorem, which constitutes one of the fundamental statements of the statistical physics of linear irreversible processes.The ﬂuctuation-dissipation theorem expresses a relation between the dissipative part of a generalized susceptibility and the associated equilibrium correlation function. In practice, this relation is used either to describe the intrinsic ﬂuctuations of a dynamical variable using the characteristics of the susceptibility or, inversely, to deduce the susceptibility from the relevant equilibrium ﬂuctuations.
Atoms
Authors: Konishi Kenichi , Paffuti Giampiero 
Published: November 2023

Abstract
The attempt to explain atomic structure was one of the main motives for the genesis of quantum mechanics (Bohr’s atomic model, spectral lines, etc.); at the same time it represented the first true testing ground for the new theory. The explanation of the existence of discrete atomic levels, their quantitative prediction, understanding of the periodic structure of the elements, the correct interpretation of chemical bonds, etc., can be regarded without exaggeration as one of the greatest achievements of the scientific thought of our time. A door to an entirely new world— that of the atomic and subatomic phenomena—opened, triggering an impressive advance in basic scientific knowledge and modern technology, unprecedented in human history. The very concepts and many of the mathematical tools of quantum mechanics have, in many cases, sprung from the efforts to solve these problems. In this chapter, we study atomic structure, and try to illustrate some of these features.
Atomic nuclei and elementary particles
Authors: Konishi Kenichi , Paffuti Giampiero 
Published: November 2023

Abstract
A few salient features of atomic nuclei and elementary particles are discussed in this chapter. The need for relativistic quantum field theories for describing fundamental interactions among the elementary particles in Nature is explained. Locality, the existence of anti-particles, causality, and the spin–statistics connection, some of which are part of the constituent principles of ordinary (non-relativistic) quantum mechanics, are all deeply rooted in the relativistic quantum field theories of elementary particles.
Supplements for Part II
Authors: Konishi Kenichi , Paffuti Giampiero 
Published: November 2023

Abstract
Supplements on perturbation theory Change of boundary conditions Some problems in quantum mechanics can be approximated by a motion of a particle conflned in a definite region of space, bounded by certain surface, S0(x) = 0 In the case of Schro¨dinger’s equation a typical eigenvalue problem is of the form,: Supposing that we know how to solve the problem (21.1), what about the problem in which the boundary is slightly changed, i.e., in which the boundary is now given by A possible strategy is to seek for a change of the variables such that i.e., such that in terms of the new variables the equation determining the boundary has the original form S0 and therefore with the same problem as the original one (whose solution is known).
Article 12: Anti-Absorption
Authors: Müller Wolfgang , Khan Nicholas , Scharf Tibor 
Published: November 2023

Abstract
Article 12 is the only Article of Basic Regulation 384/96 which has no title. The type of procedure governed by Article 12 is normally referred to as an ‘antiabsorption procedure’and, for the sake of clarity and brevity, this term will be used in this book. According to Article 13(11)(a) of the old Basic Regulation 2423/88, there was absorption if the exporter bore the anti-dumping duty imposed. This definition has not been reproduced by Article 12 of the new Basic Regulation 384/96, although such a situation can still be considered as a classical example of absorption under the new provisions. Article 12 adopted a broader approach by defining absorption indirectly, i.e. that there was ‘& no movement, or insufficient movement, in resale prices or subsequent selling prices in the Community although, given the measures imposed, there should have been such movement. This is, incidentally, precisely one of the purposes of anti-dumping measures. Under Basic Regulation 384/96, it is therefore no longer necessary to find direct proof that the anti-dumping duty had been borne by the exporter. Rather, the text is now directed towards the commercial effects of the duty.
Article 14: General Provisions
Authors: Müller Wolfgang , Khan Nicholas , Scharf Tibor 
Published: November 2023

Abstract
The level of anti-dumping duties is determined in accordance with the lesser duty-rule, i.e. on the basis of the dumping margin or the injury margin, whichever is lower. Therefore, it is irrelevant if exporters or importers argue that the level of an anti-dumping duty imposed is too high on the grounds that imports from the country concerned decreased significantly after the adoption of anti-dumping measures. Anti-dumping measures are meant to outweigh injurious dumping, i.e. a pricing behaviour considered as unfair competition. A decrease of imports following the imposition of measures is therefore a rather normal trade pattern because such measures remove the unfair price advantage previously enjoyed by such dumped imports. According to Articles 7(2) and 9(4), two benchmarks exist for the level of an anti-dumping duty, i.e. the level of the duty should be equal either to the margin of dumping or to the amount necessary to remove injury sustained by the Community industry, whichever is lower. The same applies pursuant to Article 8(1) with regard to the determination of the level of a price undertaking.
Article 20: Disclosure
Authors: Müller Wolfgang , Khan Nicholas , Scharf Tibor 
Published: November 2023

Abstract
Disclosure as provided for by Article 20 is of primary importance for all parties concerned by an anti-dumping proceeding. It is an expression of two general principles of EC law, i.e. the principle of right to a fair hearing and the principle that the rights of the defence should be assured. The jurisprudence of the Court has contributed considerably to defining the Commission’s obligation to disclose to the parties concerned the essential facts and considerations on the basis of which the outcome of anti-dumping investigations will be determined or have been determined. Article 6.9 of the WTO Anti-dumping Agreement refers to ‘essential facts under consideration’ while Article 20 (2) of the Basic Regulation refers to ‘essential facts and considerations’. Thus, the WTO Anti-dumping Agreement does not seem to require an investigating authority to also share its legal assessment of the facts with the parties concerned. However, despite this apparently restricted scope of Article 6.9, an investigating authority cannot discharge itself of the obligations resulting from this provision by invoking that the parties have had access to the non-confidential file pursuant to Article 6.4 of the WTO Anti-dumping Agreement. Otherwise, the provisions on disclosure would be redundant. Moreover, if the investigating authority rejects certain information on the grounds that the party did not co-operate properly, the reasons for such rejection have to be given pursuant to paragraph 6 of Annex II to WTO Anti-dumping Agreement.
Article 21: Community Interest
Authors: Müller Wolfgang , Khan Nicholas , Scharf Tibor 
Published: November 2023

Abstract
Taking public interest into consideration before imposing anti-dumping measures is not a requirement contained in the GATT 1947 or the WTO Anti-dumping Agreement. Some GATT signatories like Australia and Canada occasionally refer to public interest but only the Community systematically applies a Community interest test before any measures are adopted. Community interest was one of the central points of discussion when the Community’s anti-dumping law was reformed in 1994 to reflect the results of the Uruguay Round. The provisions on Community interest contained in Basic Regulation 384/96 are more elaborate than the corresponding provisions of Article 11(1) and 12(1) of Basic Regulation 2423/88. An important innovation can be noted with regard to procedural provisions. The degree of detail in which the procedural rights and obligations are set out in Article 21 emphasizes the need for Community Institutions to have at their disposal more comprehensive information than under Basic Regulation 2423/88 when determining the question of Community interest. The new rules have also considerably clarified the analytical framework. Therefore, the Community interest analysis relating to investigations which have been carried out under the old Basic Regulation, can today only serve to a limited extent as guidance.
Impacts of environmental policy instruments on technological change
Authors: Braathen Nils Axel 
Published: November 2023

Abstract
While anecdotal evidence on positive impacts on innovation of more stringent environmental policies have been around for some time, stringent empirical analyses of the links between the two phenomena are more recent. However, despite the problems in measuring the impact of different instruments directly, an increasing amount of material now documents that environmental policy can have a significant impact on technological change. This chapter summarizes some of the empirical findings that have been made in the literature and makes some suggestions for additional empirical research.
The Environmental Tax Reforms In Europe: Mitigation, Compensation, And Co2 Stabilization
Authors: Andersen Mikael Skou , Speck Stefan 
Published: November 2023

Abstract
It has been suggested that carbon-energy taxes would need to be increased to a level of €20 to €30 per tonne CO2 in 2020 in order to achieve a stabilization target for greenhouse gas concentrations. While increases in carbon-energy taxes inevitably raise questions concerning negative impacts on economic growth and competitiveness, the European experience shows that governments, as part of environmental tax reforms (ETRs) which are already in place, in fact have implicit carbon-energy taxes with a nominal level that in many cases exceeds the €20 to €30 per tonne level. Still, European governments have provided exemptions, especially to energy-intensive industries. To some extent, therefore, the incentives to improve energy efficiency and shift towards low-carbon fuels for the biggest polluters have been weaker than the nominal rates would suggest. In view of the need to increase the real level of carbon-energy taxation, while retaining the competitiveness of the European economy, this chapter addresses the mitigation approaches applied to energy-intensive industries in the EU.
The Sky Is The Limit Or Limits To The Sky? A Political Economy Perspective On Market-Based Environmental Policy Instruments In Eu Aviation
Authors: Rudolph Sven 
Published: November 2023

Abstract
‘Get Blown Away … Fly for 10 Euros’. ‘All you can ?y for only 199 Euros!’. With offers like these, airlines have successfully attracted a growing number of customers over the last decade. Aviation represents an increasingly popular and even socially desired mode of transport, connecting people from all over the world in the fastest way possible. However, aviation’s contribution to anthropo-genic climate change is often neglected. Furthermore, to this day, the aviation sector largely lacks any regulation to curb its climate impact. Only recently has the idea of combating aviation’s greenhouse gas emissions by using market-based instruments gained momentum: initially through the EU Directive on energy and fuel taxation and subsequently through an EU Commission proposal aim-ing at the inclusion of aviation in the EU’s Emission Trading Scheme.
An Evaluation Of The Fiscal Mechanisms For Fostering Solar Energy In Australia
Authors: Mortimore Anna 
Published: November 2023

Abstract
Why is Australia not using its abundance of solar energy to cut its greenhouse gases? Could it be that Australia’s environmental fi scal mechanisms, such as the low mandatory renewable energy target, low energy cost of fossil fuels, no Emission Trading Scheme, and inadequate deployment measures have discouraged the uptake of solar energy in Australia?
The Australian Conservative Government focused on clean coal technology and uranium as their answer to the abatement of greenhouse gases, while Australianfunded solar technology and its talented people have been leaving Australia to travel to other countries offering to invest in the commercialization and deployment of this technology. Not only has Australia forgone its investment, but economically its future export income and employment opportunities.
Ecoterra Model—Application Of Environmental Fiscal Reform In Local Government Financing In Portugal
Authors: Prates Joana , João Joanaz de Melo 
Published: November 2023

Abstract
Land use management is one of the least studied, more difficult, but possibly one of the most important fields for the application of economic instruments in environmental policy. Present biodiversity loss is a consequence of the decisions of many individual users of environmental products and service ?ows. This is a result of the ‘unpriced scarcity’ and ‘lack of property rights’ nature of the environment. The social value of various biodiversity goods and service ?ows is not or is insufficiently re?ected in market prices. As a result, an undesirable level of provision of these goods and services will result in their destruction or degradation.