bluuebunny/crossref_metadata_2025_split huggingface dataset:
The ‘Contrat Sans Loi’
Authors: Nygh Peter 
Published: November 2023

Abstract
To identify a particular system of law as being that in accordance with which the parties to it intended a contract to be interpreted, identifies that system of law as the ‘proper law’ of the contract. The reason for this is plain; the purpose of entering into a contract being to create legal rights and obligations between the parties to it, interpretation of the contract involves determining what are the legal rights and obligations to which the words used give rise. This is not possible except by reference to the system of law by which the legal consequences that follow from the use of the words is to be ascertained.
Mandatory Rules
Authors: Nygh Peter 
Published: November 2023

Abstract
An important limitation on the autonomy of the parties is the principle that mandatory rules have priority over the choice made by the parties. Friedrich Karl von Savigny, who may be regarded as the ‘father’ of the classical multilateral system of conflict of laws, which is still the orthodoxy of most legal systems outside the USA, acknowledged that the principle of multilateralism ‘must be limited with respect to many kinds of laws, whose peculiar nature does not admit of so free an application of the community of law obtaining between different states’.1 He described those laws as ‘laws of a strictly positive, imperative nature’.
The Summation
Authors: Nygh Peter 
Published: November 2023

Abstract
At the end of the twentieth century, it is true to say that the autonomy of the parties is generally recognised. For pragmatists this may be seen as the necessary accompaniment of the globalisation of international trade and commerce. For idealists it is an expression of the human right of individuals to arrange their personal and economic lives as they see fit, subject only to such restraints as are necessary to maintain public order and prevent the exploitation of the weak. This freedom manifests itself in the expression of the choice of the law which is to apply to the contract and in the choice of the forum in which to resolve any disputes arising out of it, whether that forum be a national court or an arbitral tribunal.
Introduction
Authors: Sauter Dr Wolf 
Published: November 2023

Abstract
Worldwide, economic competition is in ascendance. In the European Commun ity, as elsewhere, this is accompanied by retreat of the state from direct interven tion in the economy. After decades of acting as participants in the economic process, the Member States are now divesting state holdings, and in many areas are proceeding to market regulation at arm’s length. National competition policies are increasing their independence from the political process, in tandem with strict enforcement by the Community of the state aid and competition rules of the EC Treaty against the Member States themselves.
The Emergence of the Industrial Policy of the European Union
Authors: Sauter Dr Wolf 
Published: November 2023

Abstract
Paradoxically, the globalisation of production and the growth of international commerce due to trade liberalisation have led to a renewed interest in industrial policy. First, seeking to explain the predominance of trade between advanced countries with a similar industrial structure, recent developments in economic theory have modified standard assumptions about the general benefits of free trade. The new trade theory suggests that states can effectively change compar ative advantage in their favour by adopting strategic behaviour. Second, a certain degree of consensus seems to have formed among economists that industrial policies aiming to remedy market failures may be both beneficial and success ful.
Conclusion
Authors: Sauter Dr Wolf 
Published: November 2023

Abstract
The findings can be summarised as follows. The EC Treaty as elaborated by the European Court of Justice forms the economic constitution of the European Community, which governs the relations between the various levels of gov ernment and the market. Under this economic constitution the Community has limited competences, and no particular economic order is prescribed for the Member States: the Treaty remains neutral regarding the economic order at the national level. National measures in the public interest, which take due legal form and respect the basic principles of Community law, may legitimise excep tions to the internal market. This leaves the Member States an autonomous sphere within the general constraints imposed by Community law.
The Competition Policy of the Community and the Competitiveness of European Industry
Authors: Sauter Wolf 
Published: November 2023

Abstract
While the Community has from the outset had extensive competences in competition policy, its powers in the broader area of economic policy were limited. This is now changing. A new phase of integration is bringing about shifts in the horizontal and vertical distribution of power in the Community. First, the powers of the Member States on economic policy making are increasingly pooled, as the result of the internal market programme, and the drive toward economic and monetary union. Second, a Community competence on industrial policy has been created. Third, changes in the constitutional framework and institutional set-up of competition policy are being considered Industrial and competition policy can be seen as being linked in two ways. First, the requirements of competition policy may impose limits on the industrial policies of the Member States.
The Hague Evidence Convention and Discovery: A Serious Misunderstanding?
Authors: Collins Lawrence 
Published: November 2023

Abstract
The thesis of this article is that the controversy in the United States on the question whether use of the Hague Evidence Convention for discovery inter partes was mandatory in relation to foreign parties, or merely permissive, was based on a misconception. The Hague Evidence Convention was not intended to apply, and did not apply, at all to discovery inter partes. This argument was not raised in the Supreme Court. All of its members held that the Convention was not the exclusive means for taking discovery involving parties from countries which are signatories to the Convention. Five members held that there was no rule that first resort should be made to the Convention; instead, the court in such a case should balance the factors (including the sovereign interests involved and the effectiveness of resort to Convention procedures) in deciding whether resort should be had to the Convention.
An Essay on The Objectivity of Law
Authors: Marmor Andrei 
Published: November 2023

Abstract
H. L. A. Hart once remarked that the sceptic is sometimes a disappointed absolutist. The underlying theme of this essay is driven by a similar feeling, though the main sceptics I have in mind are the disappointed philosophical realists. They have found that there is nothing out there in the world which can possibly correspond to our legal opinions and moral convictions, and this disappointment they express by denying the objectivity of law and morality.
The Other Utilitarians
Authors: West Robin 
Published: November 2023

Abstract
How do we decide whether a law is a good law or a bad law? How do we decide whether a proposed law, or a proposed legal reform, is a good idea or a not so good idea? More modestly, perhaps, how do we talk about this question; how do we debate it? How do we debate, discuss, or determine the value of particular laws, cases, constitutions, legal institutions, or legal regimes? In these comments I want to first distinguish and then critically discuss three possible sorts of answers to those questions, all of which have at various times been identified as ‘utilitarian’: the first is the answer provided by Jeremy Bentham, which I will call hedonic utilitarianism; the second is that provided by John Stuart Mill, and which I will call ideal utilitarianism, and the third is identified with Pareto, and is at the heart of a class of theories propounded by the law and economics movement, and which I will sometimes call ‘preference-based’ utilitarian theories of value.
Introduction
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James 
Published: November 2023

Abstract
Fraud is not a new phenomenon. It has always been part of society. Even in Roman times, the basic provisions of law had to be supplemented and amended to cater for problems posed by dishonest activities, such as where a deceitful statement has induced an innocent party to enter into a disadvantageous contract. As society has evolved, fraudulent activity has taken new forms. In 1720, for example, false statements made to inflate the price of company shares (share ramping) presented acute problems and led to the collapse of the South Sea Company ( ‘the South Sea Bubble ‘) in the wake of a history of bribery and corruption. But, in the last 50 years, fraud has become more complex, more international in character, and more ambitious in monetary terms.
The Law of Agency and Maritime Fraud
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James 
Published: November 2023

Abstract
An international sale can pose serious logistical problems. The goods may need to be transported for long distances by sea and land and they may be perishable, or large and awkward to handle. Some of these problems may be resolved by packing the goods in containers but this will also serve as a disguise if worthless articles are transported rather than the contract goods.
Remedies
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James 
Published: November 2023

Abstract
This chapter concerns the remedies that may be available to a victim of fraud. Depending on the nature of the wrong involved, different remedies may be sought. The aims of this chapter are to highlight the remedies available for breaches of particular duties, to identify and explore certain areas of difficulty, and to comment on the desirability of pursuing the various remedies.
Further Defences
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James 
Published: November 2023

Abstract
Whatever type of fraud is perpetrated, the same policy issues are raised. The law must decide which one of two innocent parties must suffer as a consequence of the rogue”s actions. If defences are generous in scope, the original owner will be deprived in whole or part of his property. Furthermore, it encourages theft and fraud and can lead to increased insurance costs. Yet where the claimant can recover his property or compensation, the effect is hard on an innocent third party, who may well be as much a victim of the rogue as the claimant.
The Need for a Theory of Legal Theories: Assessing Pragmatic Instrumentalism
Authors: Moore Michal S 
Published: November 2023

Abstract
According to the central thesis of Robert Summers’s lnstrumentalism and American Legal Theory, 1 the collection of ideas Summers labels ‘pragmatic instrumentalism’ forms America’s only indigenous legal theory. Summers’s further thesis is that pragmatic instrumentalism qualifies as a legal theory comparable to three more established competitors: natural law theory, analytical positivism, and historical jurisprudence.
Agricultural support: financial mechanisms
Authors: Usher J A 
Published: November 2023

Abstract
The EC Treaty expressly provides that in order to enable the common organizations to attain their objectives, one or more agricultural guidance and guarantee funds may be set up. In fact the European Agricultural Guidance and Guarantee Fund was established by Council Regulation 25 of 4 April 1962, the same date as that of Council Regulation 19 on the gradual establishment of the common organization of the markets in cereals, the first regulation dealing with common organizations of the market. Regulation 25 provided that the fund should form part of the Community budget and that, as single market organizations were established, the revenue from import levies should accrue to the Community budget and the fund should finance export refunds and intervention purchases.
Administration of the common agricultural policy
Authors: Usher J A 
Published: November 2023

Abstract
Although art 37 of the EC Treaty conferred specific powers on the Commission to make proposals during the early stages of the original transitional period, power to issue agricultural legislation was conferred only on the Council. The exercise of this power is subject to consultation with the European Parliament. In Case 138/79 Roquette Frères SA v Council the Court of Justice held that it was a breach of that requirement not to wait for the Parliament’s opinion after a proposal had been sent to that body, even if the Council was not ultimately obliged to follow the Parliament’s opinion. However, the Parliament is subject to a duty of loyal cooperation, and may not delay giving an opinion on proposals which it knows to be a matter of urgency.
Definitions and Outline
Authors: Takahashi Koji 
Published: November 2023

Abstract
In this book, the expression ‘claim for contribution’ is used to refer to a claim by someone (the contribution claimant) to recover from another all or part of the amount which he himself has become liable to pay to a third person (the original claimant).2 While a partial recovery would be sought typically between co-debtors and co-wrongdoers, the recovery of the whole amount would be sought, for example, by a surety, who has paid the creditor, from the principal debtor. Where the recovery of the whole amount is sought, a ‘claim for contribution’ can be specifically called a ‘claim for indemnity’.
Issues on the Choice of Governing Law of Claims for Contribution
Authors: Takahashi Koji 
Published: November 2023

Abstract
This chapter will consider issues involved in the choice of the governing law of contribution claims made on various legal bases.
The governing law often has a real impact on the outcome of a contribution claim. Thus where a surety who guaranteed and paid the debt without a prior request or subsequent ratification by the principal debtor will not be entitled to claim indemnity from the principal debtor under English law. The very opposite result will arise from Article 2028 of the French Civil Code, which provides that the right to claim indemnity from the principal debtor exists irrespective of whether the guarantee is given with the knowledge of the principal debtor.
The issues which may be determined inconsistently if the contribution claim is tried independently of the original claim and the ways in which inconsistent determinations arise
Authors: Takahashi Koji 
Published: November 2023

Abstract
The issues which may be determined inconsistently if the contribution claim is tried independently of the original claim are those which must be established in both claims. Some of them may, if determined inconsistently, obstruct recovery on the contribution claim. They will be examined below.
Grounds of Jurisdiction over Third Party Proceedings
Authors: Takahashi Koji 
Published: November 2023

Abstract
It will be recalled that we have been considering to what extent the English court can consolidate in one action the trial of a contribution claim with the trial of the original claim by way of third party procedure in a case involving international elements. Chapter 6 has analysed the procedural requirements for bringing third party proceedings in England. For third party procedure to be available in an international context, not only must those procedural requirements be satisfied but also jurisdiction must exist over the third party proceedings as well as over the original proceedings. Jurisdiction over the two sets of proceedings does not have to be founded upon the same jurisdictional rule.
Obstruction to third party procedure caused by an arbitration agreement or a foreign jurisdiction agreement
Authors: Takahashi Koji 
Published: November 2023

Abstract
It will be recalled that we have been considering to what extent the English court can consolidate in one action the trial of a contribution claim with that of the original claim by way of third party procedure in a case involving international elements. The procedural and jurisdictional requirements that must be satisfied in order to bring third party proceedings were examined in Chapters 6 and 7 respectively. Chapter 8 addressed obstruction to third party procedure caused by foreign proceedings corresponding to the original or third party proceedings and considered whether such obstructions can be prevented.
Situations where expectations of back-to-back reimbursement in a chain transaction may be defeated by the application of different laws to the reimbursement claim and to the original claim
Authors: Takahashi Koji 
Published: November 2023

Abstract
This chapter will illustrate the situations where the party to adjacent contracts in a chain transaction may have an expectation of back-to-back reimbursement but the correspondence of liability and the right of reimbursement may be upset by the application of different governing laws. The expectation may be to obtain full indemnity or may merely be to obtain partial recovery but under requirements no stricter than those under which he becomes liable. The chain transactions taken as examples for illustration are insurance/reinsurance contracts, a bill of exchange transaction, a credit transfer, a letter of credit transaction, multimodal transport contracted to subcarriers, and a performance bond/counter guarantee. It is possible that in other chain transactions, too, such as a string sale transaction, an expectation of back-to-back reimbursement may arise and be defeated by the application of different laws.
Substantive law measures to prevent imbalance of liability and the right of reimbursement arising out of the application of different governing laws
Authors: Takahashi Koji 
Published: November 2023

Abstract
If the legislators of nations find it reasonable that the party to adjacent contracts in certain chain transactions should expect back-to-back reimbursement, they may be able to prevent imbalance of liability and the right of reimbursement arising out of the application of different governing laws in respect of such transactions generally by unifying the rules of their law applicable to such transactions. If the legislators of individual nations find it reasonable for the party to adjacent contracts in certain chain transactions to expect back-to-back reimbursement, they could facilitate reimbursement in such transactions generally by avoiding setting strict requirements for reimbursement in their law.
The Inheritance: Mandatory Sentences, 1997-9
Authors: Windlesham Lord 
Published: November 2023

Abstract
The peculiarity of British constitutional arrangements, pending any further instalments of Lords reform, permits some of the most senior members of the judiciary to play an active part in the legislative process. The Lords of Appeal in Ordinary are at the pinnacle of the judicial system. For more than a century they have constituted the final court of appeal on points of law of general public importance. Up to ten Lords of Appeal in Ordinary are usually appointed from the ranks of the Lords Justices of Appeal who sit in the Court of Appeal or, very occasionally, direct from the High Court bench. In addition, two senior Scottish judges, and more recently one from Northern Ireland, may be appointed, bringing the total up to a statutory maxi mum of twelve. Besides the Lord Chancellor, former Lords of Appeal in Ordinary, former Lord Chancellors, and the holders of certain other high judicial offices who are peers are also entitled to sit as Law Lords.
Public Defenders: American Style
Authors: Windlesham Lord 
Published: November 2023

Abstract
The fact that publicly funded legal defence costs should outweigh those of the prosecution is a feature of the British system that legislators, judges, and criminal justice practitioners in the United States find incomprehensible. In America, ever since a historic ruling of the Supreme Court in 1963, all defendants charged with a felony offence are entitled to representation by counsel at a fair trial, irrespective of wealth or poverty. The issues are no longer the recognition of a right rooted in the Sixth Amendment to the Constitution,3 but lie in difficulties of finding the money and resources for it to be honoured effectively.
Modernising Criminal Justice, 1997-2000
Authors: Windlesham Lord 
Published: November 2023

Abstract
Loss of benefit and the presumption of imprisonment for breach of community orders, both moderated by amendments in the Lords, were shoots off the same stock. Such policies were rooted in a calculated attempt to demonstrate the responsiveness of Government to perceived public opinion, as well as its firmness and grasp. The degree of personal commitment on the part of the Prime Minister to policy issues on crime was displayed in a revealing memorandum sent to his policy advisers during a stay at Chequers over Easter 2000. It was, one can surmise, a few days’ respite for Blair, allowing time for reflection on the standing of the Government and the issues confronting it. These were identified in the memorandum as ‘touchstone issues’. Each needed to be analysed and the correct policy response drawn up, ‘but with a message which ties it all together’. Three of the five issues listed fell within the responsibilities of the Home Office. The first raised the possibility of a review of the law on self-defence as a result of the con viction of a farmer for murder after he had shot and killed a sixteen year-old intruder at his home. The second was the pressing problem of how to handle the large numbers of asylum seekers, with an emphasis on their removal.
Expanding The Boundaries Of Intellectual Property
Authors: Dreyfuss Rochelle Cooper , Zimmerman Diane Leenheer , First Harry 
Published: November 2023

Abstract
This book focuses on the question of how much control innovators should be given over their works. The first parts examine the trend to increase control: first, by expanding the scope of intellectual property rights to add new subject matter; secondly, through increasing transactional autonomy. The former issue represents the key concerns of the intellectual property community; the latter issue is currently before both state and national legislatures. The question that these groups are debating is the subject of the next part: whether strong intellectual property rights, coupled with a high degree of transactional autonomy, promote innovation or chill interchange. One view is that the current legal regime should not be altered because it represents the right balance between the needs of information producers and the requirements of users. The contrary view is that stronger rights would allow potential collaborators to find one another, bargain for beneficial exchanges, and reallocate rights. The final sections explore the bases in constitutions, laws, and treaties for protecting the public domain. Four judges from the US federal courts and the UK high court then debate the practicalities of the frameworks proposed.
Single-Tier Custody
Authors: Austen-Peters A O 
Published: November 2023

Abstract
Typically, custody business involves a number of parties, which may include: the investor who transfers assets into custody or acquires assets via a custodian; a fund manager who may be entitled to issue investment orders directly to the custodian in relation to the asset; the custodian or its nominees, into whose name or to whose order the assets are transferred; sub-custodians; and central depositories in whose name the assets may be registered.