bluuebunny/crossref_metadata_2025_split huggingface dataset:
Uniform Laws and the Conflict of Laws
Authors: Mann F A 
Published: November 2023

Abstract
In a paper in British Year Book of International Law 1972-1973, 117, 125-6 (and elsewhere) this writer argued that, subject to the inclusion in it of a genuine conflict rule and to ordre public, a statute such as the Carriage of Goods by Sea Act 1971 giving effect to the Hague Rules or the Carriage by Air Act 1961, to which the Warsaw Convention is scheduled, is inapplicable in an English court, unless it has previously been ascertained that the contract is governed by English law. Dr J. H. C. Morris (1979) 95 LQR 59 criticizes this submission on several grounds. One of them is ‘that when an international convention on the law of transport is given the force of law in the United Kingdom, its provisions apply to all disputes within its scope, regardless of the proper law of the contract’.
Exclusive Exotic Jurisdiction
Authors: Mann F A 
Published: November 2023

Abstract
Since section 2 of the Civil Jurisdiction and Judgments Act I 982 and, consequently, Schedule 1 containing the Convention of 1968 of Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (as amended) is not yet in force, it is perhaps still timely to warn against an absurdity which has recently come to light, which is unfortunately typical of so-called uniform legislation and which ought to serve as a deterrent for the many well-meaning lawyers whose passion it is to interrupt by ill-conceived conventions the natural development, harmonization, and, indeed, integration of civil and commercial law.
The Formal Validity of Wills in Case of Dual Nationality
Authors: Mann F A 
Published: November 2023

Abstract
According to section 1 of the Wills Act 1963 a will is formally valid if, inter alia, it is made in accordance with the law of the deceased’s nationality. Which is the applicable law where the testator had two nationalities?
The only English discussion of the problem seems to be provided by Cheshire and North according to whom it is permissible ‘to select either the nationality of the country in which the propositus is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected’. The learned authors also suggest that such a solution ‘seems to be consonant with the principles of English law and with the spirit of the 1963 Act’.
Rumasa in America
Authors: Mann F A 
Published: November 2023

Abstract
For the reasons suggested at (1986) 102 LQR 191 and (1987) 103 LQR 26 the decision of the House of Lords in the Rumasa case, ( I 986] AC 368 is so singular that it will be of interest to British readers to learn how consequential litigation in the United States of America has fared.
Spycatcher in the High Court of Australia
Authors: Mann F A 
Published: November 2023

Abstract
The decision of the High Court of Australia (Mason CJ, Wilson, Brennan, Deane, Dawson, Toohey, and Gaudron JJ) in Her Majesty’s Attorney-General in and for the United Kingdom v. Heinemann Publishers Australia Pty Ltd. and Wright (1988) 78 Australian LR 449, the Spycatcher case, might be expected to provoke no more than resigned surrender. Yet it must be suggested with great respect that as a matter of law the decision rests on grievously frail foundations and as a matter of legal policy is a disaster.
The Public International Law of Restrictive Practices in the European Court of Justice
Authors: Mann F A 
Published: November 2023

Abstract
The decision of the European Court of Justice in the case of the American, Canadian, and Finnish producers of Wood Pulp is likely to cause utmost dismay both to lawyers and traders. In short the Court has held that an export cartel created outside the EEC exposes the participants to fines if they sell to customers in the EEC on terms laid down by their cartel.
The Foreign Act of State
Authors: Mann F A 
Published: November 2023

Abstract
Althouh the doctrine of the sacrosanctity of the foreign Act of State is sometimes thought to have its origin in England, this is clearly not so. Blad v. Banfield (1674) 3 Swan. 603 cannot be described as establishing any legal principle and Duke of Brunswick v. King of Hanover (1848) 2 HL Cas. 1 was a case of personal immunity. In truth the doctrine originates in the United States, as Luther v. Sagar & Co. [1921] I KB 532 makes abundantly clear. And it was in the United States that the doctrine began to expand in a wholly unprincipled fashion. Thus it was said that it required courts to refrain from decision, when the legislative and executive branches of government were better equipped to resolve politically sensitive questions or when the action involved an attack upon or criticism of the motivation of a foreign State’s conduct. In Buttes Gas and Oil Co. v. Hammer [1982] AC 888, that singular case in which an Appellate Commit¬ tee of the House of Lords granted leave to appeal six years after another Appellate Committee had refused it, Lord Wilberforce was influenced by American cases which had expressed views based on such an extension of the so-called principle; in fact he cited them in support of the striking out of a claim for damages for conspiracy between the plaintiffs and the Ruler of Sharjah.
‘Civil or Commercial Matters’
Authors: Mann F A 
Published: November 2023

Abstract
Those readers who are interested in the decision of the House of Lords in Re State of Norway’s Application [1989] 2 WLR 458 may remember that, as mentioned in comments which under the above heading appeared in these pages, there exists at The Hague an institution called the Special Commission which reviews the operation of The Hague conventions on the service abroad of judicial and extrajudicial documents, and on the taking of evidence abroad ‘in civil or commercial matters’. That Commission met in April 1989. Its report (published in International Legal Materials, 1989, at 1558 et seq.) includes the following passage (at 1568):
International Organizations as National Corporations
Authors: Mann F A 
Published: November 2023

Abstract
In so far as English law and justice and its international reputation and authority are concerned the result reached by Lord Bridge of Harwich, Lord Templeman, Lord Griffiths, and Lord Ackner (Lord Lowry dissenting) in Arab Monetary Fund v. Hashim (No.3) [1991] 2 WLR 729 can only be welcomed with a sigh of relief, and is as commendable as the decision in the International Tin Council case, [1990] 2 AC 418 was disastrous and injurious. It would have been paradoxical if an international organization such as the Arab Monetary Fund was allowed to trade in London, but precluded from instituting proceedings against an (allegedly) fraudulent Director-General, as paradoxical as it was for the House of Lords to hold that twenty-three member States could allow their insolvent international organization to trade in England, yet escape all liability.
Who Gets What? Principles of Bequeathing
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine 
Published: November 2023

Abstract
In this chapter we put together the ‘who’ and the ‘what’ in wills, to explore further the principles at work when people make their bequeathing choices at first line. We also look at conditions which are placed upon bequests in certain wills. In exploring the principles of bequeathing by these means, we are keenly aware that we should be cautious about attributing particular types of motivation to will makers. Working simply from wills, one has only limited access to the reasons why testators might have made particular bequeathing decisions. We do believe however, as we argued in chapter 1, that the patterns observed across the whole data set can be used to under stand what outcomes testators in general hope to produce through the formal legal mechanisms available to them. It is in this sense that we explore the ‘principles’ of bequeathing in this chapter.
Introduction
Authors: Rock Paul 
Published: November 2023

Abstract
This book is the result of taking just such a step. It examines the beginnings of one of the seven court-based demonstration projects to support victims and prosecution witnesses that were sponsored by the national association whose history had been traced in Helping Victims of Crime. It effectively starts in 1986, where Helping Victims of Crime ended. But it is more than a history of a victim-witness assistance scheme. The Court itself loomed even larger, more interesting, and more important as I followed Victim Support into Wood Green and tried to observe what befell witnesses. It became clear that the experiences of witnesses and the fate of their scheme could not be severed from the organization in which they were set. Witnesses are socially constructed, and the institution which shapes them is surprisingly obscure. It merits such sustained attention that the balance of the book has been changed to accommodate it.
The Project
Authors: Rock Paul 
Published: November 2023

Abstract
In this last chapter, I shall describe the first four months, the opening phases, of the victim-witness project in the Crown Court in Wood Green. I have already laid the ground work of much of what is to come. The social organization of the Court and the embedded rationality of Victim Support were to become fused with the imperatives and presumptions of the Victim in Court Project to engender what appears in retrospect to have been a reasonably clear pattern of development.
The Birth of the Cyprus Republic
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
Cyprus is the third largest island in the Mediterranean with an area of 3,572 square miles, lying 42 miles south of Turkey, 77 miles west of Syria, 300 miles north of the Arab Republic of Egypt, and approximately 600 miles south-east of the Greek mainland. Its area is about the size of Lebanon or of the English counties of Norfolk and Suffolk combined. Because of its strategic position on the main routes between Europe and Asia, Cyprus has long been the focus of political conflict and cultural interaction. It has been invaded, bought and sold, and transferred from one ruler to another without the inhabitants ever being consulted. The island has, however, benefitted as a centre for trade and commerce. Among occupying forces can be listed the Assyrians (707-650), Egyptians (570-546), Persians (546-333), Ptolemies (320s-58), Romans (58Bc-330AD), and Venetians (1489-1571).
The Intercommunal Negotiations
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
A federation is born when a number of usually separate or sovereign political units, or units with some pretensions of sovereignty, mutually agree to merge together to create a state with a single sovereign central government while retaining for themselves some degree of guaranteed sovereignty. The forces that make the outward form of federalism necessary are a compromise between centripetal and centrifugal forces that are operative at the same time. A federation is formed when the political units in a region possess some very strong factors of individual identities which create in them a genuine desire to maintain a separate existence, while at the same time there are certain factors of vital importance shared by the units which create a common desire for a strong coordinated and united existence.
Self-determination
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
One of the purposes of the UN Charter as expressed in article 1(2) thereof is ‘to develop friendly relations among nations based on respect for the principle of equal rights and self determination of peoples, and to take other appropriate measures to strengthen universal peace’. In article 55 of the Charter, reference is again made to ‘self-determination’ to express the general aims of the United Nations in the fields of social and economic development and respect for human rights. By elaborating these rather cryptic references, the General Assembly has attempted in a very large number of resolutions to define more precisely the content of the principle.
The Last Phases of the lntercommunal Negotiating Process
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
On 24 August 1988 the leaders of the two Cypriot communities, Mr Vassiliou and Mr Denktash, met in Geneva at the Palais des Nations, European headquarters of the United Nations, under the auspices of the UN Secretary-General. In a statement after the meeting the Secretary-General outlined the common agreement of the two sides to resume the inter communal talks in Nicosia on 15 September. The two sides also affirmed their commitment to the high-level agreements of 1977 and 1979 and referred to the ‘opening statement’ of the Secretary-General of 1980, the ‘evaluation document’ of 1981 and the 1984 Vienna ‘working points’. They declared their readiness to find a solution through negotiation and undertook to co-operate with the Secretary-General in his mission of good offices. They acknowledged that this would require a determined and sustained effort by both sides, as well as the creation of an atmosphere of mutual confidence.
The Likud Party in the Petach Tikvah Municipality v.The Petach Tikvah City Council and another
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
Mr Muhtar also serves as a member of the Management Committee, which has fourteen members. The demand of the Likud fac­tion that one of its members be appointed as chairman of the review committee was rejected by the Council. In its petition before us, the Likud faction in the Council, represented here by its chairman, is requesting that we suspend the appointment of Mr Muhtar as chairman of the Review Committee and that we make an order for the appointment of a member of the Likud opposition as chairman of the Review Committee. The request is opposed by the Council and by Mr Muhtar.
Minister of Transport and others
Authors: Olshan P , Agranat DP , Goitein J , Sussman J , Berinson J 
Published: November 2023

Abstract
The petitioning company has been engaged for over fifty years in import­ing machines and for over thirty years in importing motor vehicles; it rep­resents in Israel, inter alia, the well-known Swedish firm of diesel truck manufacturers, ‘Scania Vabis’. In 1957 ‘Scania Vabis’ made a proposal to the Israel authorities to set up a plant here for assembling its trucks and to send all the necessary parts that could not be produced locally. These diesel trucks are very popular in the local market, and figures submitted by the petitioner show that one third of the trucks imported into this country in 1959 were produced by Scania Vabis. The petitioner did not demand exclusive rights to sell its trucks in Israel, but only a promise of a minimum sale of 200 trucks per annum.
Scitex Corp. Ltd and others V.The Minister of Trade and Industry
Authors: Sussman DP , Berinson J , Manny J 
Published: November 2023

Abstract
The petitioners in this case are manufacturing/exporting companies who seek to have the respondent [the Minister of Trade and Industry] honour his undertaking to them regarding special aid promised for their 1974 exports. The availability of such one-time aid to exporting industries was publicized in Circular 8/74, published by the Foreign Trade Section of the Ministry of Trade and Industry on 10 September 1974.... Such aid was promised only to manufacturers in the fields specifically mentioned in the circular and only where exports totalled more than 50 per cent of their 1973 sales. Such an enterprise was termed ‘an eligible enterprise’ [and promised a grant of 25 agorot for each dollar of 1974 exports, up to that enterprise’s 1973 exporting tota.
Standing and Justiciability SHIMON SHETREET*
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
The judgment in the Ressler case,1 delivered nearly ten years ago, was a turning point in the development of judicial review of the Administration as regards questions of standing and justiciability. The judgment also complements developments concerning the plea of unreasonableness, an area which has broadened considerably in recent years.
Izat Muhamed Mustafa Dwaikat and others v.The State of Israel · and others (the ‘Elon Moreh Case’)
Authors: Landau Dp , Witkon J , Asher J , Ben-Porat J , Bechor J 
Published: November 2023

Abstract
This is a petition regarding the legality of the establishment of a civilian settlement at Elon Moreh, situated on land approaching the city of Nablus.
The sharpness of this dispute continues to be of concern internationally; what is more, it has intensified its hold on domestic Israeli politics, and is presently reflected in the decision to establish a civilian settlement at Elon.
Jamayat Askan Ala’almun Althaunia Alnahduda Almasaulia etc.V.Commander of IDF Forces in the Judea and Samaria Region and another
Authors: Barak J , Cohen Y J , A vnor J 
Published: November 2023

Abstract
In each of these two matters, both the ‘military’ need and the ‘civilian’ need, the principal point of departure is that the Military Commander does not inherit the rights and status of the defeated government. He is not the sovereign in the occupied territory (L. Oppenheim, ‘The Legal Relations Between the Occupying Power and the Inhabitants’ (1917) 33 LQR 363).
Asser Al Aziz Abd Al Azis Abd Al Afu and others v. Commander of IDF Forces in the Judea and Samaria Region
Authors: Shamgar P , Ben-Porat DP , Levin S J , Bach J , Goldberg J 
Published: November 2023

Abstract
The opinions expressed therein are acceptable to me on the issue before us and I see no reason to add to what has already been said by this Court. As may be recalled, the statements of Landau P in Kawasma [3] complement those of Sussman J in Abu Awad [2], so far as they concern certain legal aspects of the provisions of the 1952 Jordanian constitution, whereas the decision in Nazal [5] touches on additional alternate objections, which were raised regarding the abovementioned legal question.
Introduction
Authors: Craven Matthew C R 
Published: November 2023

Abstract
The International Covenant on Economic, Social, and Cultural Rights (ICESCR) entered into force on 3 January 1976, following the deposit of the 35th instrument of ratification. Together with the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration on Human Rights (UDHR) it forms part of the ‘International Bill of Rights’ which was intended to form the basis of freedom, justice, and world peace following the Second World War. Despite the ambition of the United Nations to secure the foundations of the new world order upon a respect for human rights, it took nearly twenty years to finalize the text of the Covenant. A further decade lapsed before the Covenant entered into force and yet another before the Covenant was provided with a supervisory body that was worthy of the name.
The System of Supervision
Authors: Craven Matthew C R 
Published: November 2023

Abstract
As Sieghart pointed out, the concept of a human rights treaty is something of an anomaly.In accordance with the horizontal nature of international law2 the large majority of treaties contain reciprocal obligations under which compliance by one State party is a condition for another State party to be bound by the terms of the treaty in their relations inter se. Human rights treaties, however, are not premised upon the mutuality of State obligations; rather, they are intended to create a legal order in which States make binding unilateral commitments to protect the basic rights of all individuals within their jurisdiction. As was noted by the European Court of Human Rights, the European Convention (as a human rights treaty):
The Right to Work
Authors: Craven Matthew C R 
Published: November 2023

Abstract
Despite the statistical existence of unemployment in every country in the world, work continues to be ‘an essential part of the human condition’. For many, it represents the primary source of income upon which their physical survival depends. Not only is it crucial to the enjoyment of ‘survival rights’ such as food, clothing, or housing,2 it affects the level of satisfaction of many other human rights such as the rights to education, culture, and health. Article 6, however, is not so much concerned with what is provided by work (in terms of remuneration), or the conditions of work, but rather with the value of employment itself. It thus gives recognition to the idea that work is an element integral to the maintainance of the dignity and self-respect of the individual.
Conclusions
Authors: Craven Matthew C R 
Published: November 2023

Abstract
It is something of a paradox that the Covenant on Economic, Social, and Cultural Rights, which was intended to form part of the new world order following the Second World War, is now, forty-nine years later, only in the early stages of its development. An unduly lengthy and complex drafting process followed by a slow process of ratification meant that the Covenant only entered into force in 1976. It suffered a false start with the abortive supervision system operated by the working group, such that its development as an effective human rights treaty essentially started in 1987 with the creation of the Committee on Economic, Social, and Cultural Rights.
International Administrative Tribunals and their Structure and Operation
Authors: Amerasinghe C F 
Published: November 2023

Abstract
As has been seen, since there is an admitted need to provide special judicial machinery for the settlement of disputes arising within the internal legal system of international organizations between staff members on the one hand and the administration or management on the other, most international organizations have either set up their own, or accepted the jurisdiction of other, international administrative tribunals to settle such disputes. The first such tribunal to be established was that of the League of Nations and the history of its establishment shows how the idea finally evolved.
Mapping the Frontiers
Authors: Cane Peter 
Published: November 2023

Abstract
First, we must note an ambiguity in the title of this part arising from the fact that the term “judicial review” has two different meanings relevant to the present discussion. In one sense, “judicial review” refers to the power to supervise the activities of administrative and inferior judicial bodies to ensure compliance with rules and principles of public law. We might translate this sense of the limits of “judicial review” into the limits of “public law”. This translation is somewhat misleading because public law issues can and do arise outside the area of judicial review in the context, for example, of actions in contract and tort against governmental bodies, or of applications for the discovery of documents in litigation. I will not deal with such issues in this essay. The translation is also misleading because, of course, issues of public law can arise in appeals from decisions of bodies whose activities are subject to public law rules and principles. This is a matter I will advert to below. Despite these shortcomings, however, the translation does have the advantage of indicating that in my view, the limits of public law are related to the boundary between the public and the private spheres of social life.
Non-Intervention and Judicial Paternalism
Authors: Bainham Andrew 
Published: November 2023

Abstract
Lord Donaldson of Lymington M.R. (as he then was) recently observed that “good parenting involves giving minors as much rope as they can handle without an unacceptable nsk that they will hang themselves. “1 His remarks accord with the modern recognition of children’s rights and with the reformulation of the parental position as one of responsibility rather than rights. This reorientation of the law owes much to the House of Lords’ decision in the Gillick case. It has more recently found expression in many of the provisions of the Children Act 1989 as well as in international conventions, most notably t