bluuebunny/crossref_metadata_2025_split huggingface dataset:
Wills and the Transmission of Property Under English Law
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine 
Published: November 2023

Abstract
This chapter develops further the theme that wills are public as well as private documents, considering them specifically in a legal context. The law creates the very concept of a will as the mechanism for the transmission of property. In addition, any system of law can influence the content of people’s wills either by requiring them to bequeath their property in certain ways or by forbidding certain types of disposition. Understanding the legal context therefore is essential in any study which seeks to interpret and draw conclusions from the provisions contained in wills.
Families, Bequeathing, and the Law
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine 
Published: November 2023

Abstract
In previous chapters we have examined key patterns of bequeathing in our sample of wills, and explored the often complex implications of these for the nature of will-making in Britain over the last four decades. In this chapter we build upon these basic patterns and themes, but focus directly on what they suggest about the relationships between property and family/kinship.
We approach this broad issue from two different directions. To begin with, we examine what the wills tell us about family and kinship in the context of property transmission, by examining configurations of family and kin as beneficiaries in wills, and the salience of property in this context. In particular, we develop the concept of ‘inheritance families’ to structure our ideas in this section. Secondly, we go on to explore what the wills tell us about property in the context of family and kinship, by asking whether the patterns and types of bequeathing we have observed are suggestive of the perpetuation of ‘inheritable’ property. In broad terms, therefore, we are shifting the level of analysis away from what the patterns of bequeathing are, and towards a focus on what they express about family and property and how they express it.
State Practice: The Impact of the New Law of the Sea on Prior Fisheries Agreements
Authors: Kontou Nancy 
Published: November 2023

Abstract
In this century customary international law regarding fishery limits underwent considerable changes leading to the recognition of extended fishing zones first of twelve and subsequently of 200 miles. These developments called into question the continued validity of fisheries agreements concluded under the old legal regime. This chapter reviews a number of instances from State practice in this field that illustrate the untenability of treaty law in the face of general legal developments.
Conclusions: Supervening Custom as a Ground of Treaty Termination or Revision
Authors: Kontou Nancy 
Published: November 2023

Abstract
In this book we have examined a number of incidents where a treaty became incompatible with supervening customary law. In our view, the manner in which they were resolved supports the proposition that one party has the right to call for the termination or revision of a treaty on account of the development of new custom. State practice offers a number of examples where one or several of the parties clearly and forcefully argued for treaty termination or revision on account of its incompatibility with supervening custom. In some cases the consensus was rapidly formed that the treaty relationship should be re-assessed in the light of the evolution of the law. In the end the treaty was expressly abrogated, revised, or replaced by a new treaty; or it was brought to an end or modified by subsequent practice of the parties. In other cases the process of treaty adaptation to supervening custom was longer and at times more controversial, but the same result was finally achieved.
The Social World Of An English Crown Court
Authors: Rock Paul 
Published: November 2023

Abstract
The Social World of an English Crown Court is the first ethnographic study of a Crown Court Centre. It also describes the origins and early history of a pioneering project to support victims and prosecution witnesses appearing before the court-the Witness Support Project. Paul Rock analyses the major divide which exists in the life of the court between professional insiders and public outsiders. He describes how this divide created problems for witnesses and how the project set out to alleviate this. He provides details of how this division is built into court architecture, administration, and social relations, and examines how it stems from the preoccupation of court officials with the control of knowledge, public order, and emotion.
Statehood and After
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
At the request of the United Kingdom, Cyprus, and Greece, the Security Council considered the situation in Cyprus during four meetings held on 17 and 18 November 1983. Mr Denktash, the President of the Turkish Republic of Northern Cyprus, went to New York to explain to the Security Council why the Turkish Cypriot people, in the exercise of their right to ‘self-determination’, had decided to put ‘a roof of statehood’ over themselves.
Economic, Social, and Cultural Rights and their Codification
Authors: Craven Matthew C R 
Published: November 2023

Abstract
Prior to 1945, international law was generally not concerned with how States treated individuals within their own borders. Such matters were regarded as being within the domestic jurisdiction of each State. Exceptions did exist in the cases of slavery, humanitarian intervention,2 the treatment of aliens, minorities, and the laws of war, but they were spasmodic, limited in scope,7 and largely political rather than idealistic in motivation. Following the Second World War, however, the international human rights movement was born. As a reaction to events prior to and during the Second World War, the allies, and later the international community as a whole, came to the belief that the establishment of the new world order should be based upon a commitment to the protection of human rights and fundamental freedoms. Accordingly the protection of human rights was declared to be one of the purposes of the United Nations (UN), and the UN Charter imposed certain obligations upon member States to that end.
International Law
Authors: Amerasinghe C F 
Published: November 2023

Abstract
In so far as the internal law of international organizations governing the employment relationship is considered a part of public international law, which was the approach suggested in an earlier chapter1 in this treatise, logically the conclusion would be unavoidable that international law is a source of that law, since all the rules applicable to the employment relationship in international organizations are part of public international law. However, this theoretical answer is not the answer sought when the question is asked whether international law is a source of international civil service law. What is being asked is whether specifically what may be termed traditional international law is a source of the law applied by tribunals to the employment relationship in international organizations. As was also pointed out, international civil service law, though a species of international law, has special characteristics.
Inadmissibility Ratione Temporis
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Even though a case may truly fall within the competence of an international administrative tribunal, there may be reasons for its inadmissibility, arising from the provisions of the tribunal’s Statute or governing instruments. Inadmissibility results from conditions required to be fulfilled by those provisions. Conditions relating to the time-limits for the filing of an application could result in the application being inadmissible ratione temporis.
The Basis of Equitable Liability
Authors: Harpum Charles 
Published: November 2023

Abstract
The circumstances which must exist before a stranger may be made accountable for intermeddling in a trust remain as controversial as they did eight years ago when an attempt at a full survey of the authorities was published.1 That article was intended to provide for the first time some kind of coherent structure for the considerable corpus of authority, much of it little known. The concern was more to rationalise the existing caselaw than to map out possible paths of evolution. The article identified a number of reasons for the unsatisfactory and confused state into which the law had fallen. The first was a failure by the judiciary over the last twenty years or so to take cognisance of the range of circumstances in which an intermeddler had in the past been held liable. Secondly, and connected with this, there was a weakness of factual analysis and an apparent inability to isolate the principles upon which liability should be imposed.
Audiovisual and Telecommunications Services
Authors: Eeckhout Piet 
Published: November 2023

Abstract
Community action in the field of audiovisual services is almost exclusively directed towards television broadcasting. The latter is probably one of the most characteristic examples of the changes taking place in the nature of service transactions and, correspondingly, their perception, as referred to in Chapter 1. There it was said that services play an ever increasing role in modern economies, and are more and more looked at from an economic perspective. That is certainly the case with television broadcasting in Europe, which until a few decades ago was exclusively government-organized, i.e. a public service, but which has evolved into a real industry. The picture emanating from this evolution is very mixed. There are, on the one hand, official broadcasting organizations, funded by governments and pursuing non-commercial objectives such as the provision of information, entertainment, and the diffusion of artistic performances. On the other, there are commercial broadcasters, funded mainly by private advertisers and operating with a view to making profits. Nevertheless, they also provide information, entertain ment, and the like.
The Community Regime for Imports of Goods from Third Countries
Authors: Eeckhout Piet 
Published: November 2023

Abstract
In the Commission’s White Paper on the completion of the internal market there are few references to the external dimension of the programme. One of these-probably the most important one---concerns the application of Article 115, EC Treaty. The scope of this provision is well known. It allows that Member States restrict intra-Community trade in products, originating in third countries, for which there is not yet a uniform Community import regime. Hence, for a number of products Member States were still able to protect their national market, not only against direct imports from third countries, but also against indirect imports, against products which were in free circulation in the Community. However, to fend off indirect imports required controls at intra-Community borders. These controls are one of the main targets of the internal market programme. Their elimination is one of the most tangible elements of ‘1992’ for the public at large. Consequently, some solution had to be found for the problem that Article 115 was still applied, giving rise to intra-Community border controls.
The Community’s Export Policy and the Case of Strategic Export Controls
Authors: Eeckhout Piet 
Published: November 2023

Abstract
In the previous chapters the incomplete state of the Community’s commercial policy with respect to the regulation of imports was discussed. However, it is not only with respect to imports that, at the time when the internal market programme was devised, full uniformity had not yet been achieved. The Community’s rules on exports-basically proclaiming the principle of free exportation-did not yet apply to all products. The exceptions could be classified in two categories. The first were the products expressly mentioned in the basic regulation as not benefiting from the rule of free exportation. These included, on the one hand, a variety of products for which for one or other reason export restrictions were still in force, and, on the other, petroleum products. The latter were kept outside the scope of the regulation because of their importance for the various Member States in terms of securing the supply of energy, and because of the fact that trade in these products is to some extent regulated by the International Energy Agency. The former category has been almost completely eliminated, whereas a provisional solution was found for the latter. These restrictions will not be further discussed here, for one thing because they were not that important from the perspective of completing the internal market (unless one looks at the creation of an internal market for energy products, a subject which is not addressed in this study).
Rule-types and Government
Authors: Baldwin Robert 
Published: November 2023

Abstract
A wide variety of written rules is used within government. The list of different terms attaching to sets of rules is itself intimidating. Apart from primary legislation, a series of labels is encountered including: secondary legislation; delegated legislation; sub-delegated legislation; quasi-legislation; administrative rules; codes of practice; approved codes of practice; guidance; guidance notes; policy guidance; guidelines; circulars; frame work documents; outline schemes, and statements of advice.
Rules, Discretion, and Legitimacy
Authors: Baldwin Robert 
Published: November 2023

Abstract
Rules have often been advocated as a means of controlling governmental discretions. 1 Indeed, when discussing how a governmental activity should be carried out there is a strong temptation (especially for lawyers) to ask: ‘Should this activity be governed by rules or discretion?’ Assessing governmental processes involves, however, far broader issues than are encompassed in the ‘rules versus discretion’ debate. The operation of government gives rise to a host of questions concerning the exercise of power and the acceptability of various means to control or facilitate the exercise of that power.
Rules Made by Governments
Authors: Baldwin Robert 
Published: November 2023

Abstract
Parliamentary, or primary, legislation might be taken to be the most important category of rule-making. In some respects, however, such a supposition would be mistaken. The bulk of primary legislation is vastly exceeded by that of rules made by ministers, departments, and agencies. Thus, the Public General Acts on average cover 2,000 pages whereas Statutory Instruments (which do not include by-laws or many classes of administrative rule) average 6,000 pages. 1 Nor is the issue one of quantity alone. Increasingly the key functions of government are carried out by means of secondary and tertiary rules, which have experienced what Ganz has called ‘an exponential growth’. 2 As Hayhurst and Wallington have put it: ‘primary legislation has become a skeletal enabling framework conferring not just the functions of detailed implementation but the power to determine major policy questions on ministers.’ 3
Models of Prosecutorial Sentencing
Authors: Fionda Julia 
Published: November 2023

Abstract
The preceding chapters have shown that the extent to which a public prosecutor is regarded as having a significant impact on the sentencing process differs substantially in the four jurisdictions compared. Various haphazard contributory factors have produced an incoherent pattern of degrees of prosecutorial power in the sentencing field. The four European countries have, for circumstantial and historical reasons, pursued reform in this area at different paces and times and consequently have arrived at different stages of evolution. Comments in the previous chapters have also shown how background factors in each jurisdiction, as well as the operational philosophies and self-reflective attitudes of practitioners, have had a substantial influence, whether restrictive or librational, over the evolution of the prosecutor’s role. Hence, the present picture of prosecutorial change in Scotland, the Netherlands, Germany, and England and Wales reads rather like a league table of that evolution. In ascending order, the English CPS, being in its infancy in comparative terms, allows only a strictly limited role for the Crown Prosecutor in influencing sentence; that influence is limited to an indirect, consequential exercise of persuasion related to their procedural decision-making, except for their power under s. 36 Criminal Justice Act 1988 to appeal against unduly lenient sentences. This is the only explicit and direct form of influence over sentencing that Crown Prosecutors currently possess. However, there exists in England and Wales an abundance of potential for development and improvement of the prosecution system, by virtue, principally, of that infancy and immaturity.
Environmental Damage
Authors: Juenger Friedrich K 
Published: November 2023

Abstract
This chapter is largely limited to the United States and the European Community. The parallels and the contrasts between these two systems—being federal and quasi-federal in nature—warrant this limitation. Moreover, I must confess ignorance regarding the laws of most other nations. Not only would it be presumptuous to claim a sufficiently well-grounded understanding of the pertinent rules and practice of, say, Latin American or Asian jurisdictions, but the effort expended trying to fathom what is going on there would probably not justify the conclusions reached, tentative as they would have to be in any event.
Privacy and the Press
Authors: Barendt Eric 
Published: November 2023

Abstract
William Prosser once wrote about privacy that ‘no other tort has received such an outpouring of comment in advocacy of its existence’.1 Similarly, a wealth of recent departmental and other committee reports has been devoted to the possible introduction of a privacy right into English law. The Lord Chancellor’s Consultation Paper has recommended the institution of a civil remedy to protect the right. At times during the course of the last two years, the Government apparently has been on the point of issuing a White Paper with such a proposal, but a nervous administration, fearful of the power of the press, has (at the time of writing) hesitated to take the step. In the meantime press organizations have published Media Freedom and Media Regulation, described as an alternative White Paper, making the case against the introduction of a privacy right.
The New European Order for Public Service Broadcasting
Authors: porter Vincent 
Published: November 2023

Abstract
At their Fourth Ministerial Conference on Mass Media Policy, held in Prague on 7-8 December 1994, the participating ministers, along with the ministers from half a dozen non-member states, unanimously adopted a resolution on the future of public service broadcasting. It marked a turn away from the steady trend at the European level towards the deregulation of broadcasting, and a hostility to public service broadcasting in particular. In theory, the future European regulatory framework for public service broadcasting will be different from that of the past. States will now have to develop national policies for public service broadcasting which conform to the changing policies of both the Council of Europe and the European Union.
Freedom of Expression and Free Competition at the New Electromagnetic Frontier
Authors: Porter Vincent 
Published: November 2023

Abstract
The development of new communications technologies, such as geostationary satellites, digital transmission, and fibre optic cables, has created the opportunity for vast changes in electromagnetic communication. They have also challenged the traditional mode of regulation at both the international and the national level. In the early 1980s, neo-liberals in the USA and Western Europe dreamed that the growing trends towards the internationalization of broadcasting and the improved use of the electronic spectrum would be followed by deregulation. The new generation of satellites would liberate telecommunications from the iron grip of the PTTs.
Introduction
Authors: Mitchell Charles 
Published: November 2023

Abstract
Subrogation is literally ‘substitution’.1 The term is used in the context of English and Commonwealth law to describe a process by which one party is substituted for another so that he may enforce that other’s rights against a third party for his own benefit. The entitlement to be subrogated to another’s rights of action against a third party may be expressly conferred by contract.2 Some examples of contractual subrogation are considered in Part V. However, this book is primarily concerned with legal subrogation; that is to say, with sub rogation arising by operation of law, as a remedy awarded by the legislature and the courts. There is judicial authority for the proposition that subrogation can be awarded as a remedy only in isolated situations, and that it should not be treated as a remedy of general application.
Necessity
Authors: Mitchell Charles 
Published: November 2023

Abstract
Despite the traditional reluctance of the English courts to allow the recovery of payments made under necessity,1 there is a significant body of case law in which necessitous interveners of assorted kinds have been awarded a restitutionary remedy. On the basis of these cases various commentators have argued for the adoption of a general principle in favour of recovery for payors under necessity2 and some recent cases have suggested that the courts may be moving towards the acceptance of such a generalized principle.3 The best explanation of the award of a remedy to necessitous interveners is policy based: it is desirable as a matter of policy to encourage people to intervene to preserve the lives or property of others. This explanation seems stronger than the alternative explanation which can be advanced in the context of many necessity cases that the intervener acted under moral compulsion.4 As Burrows has pointed out,5 the difficulty with viewing moral compulsion as the unjust factor entitling necessitous interveners to a remedy (apart from the fact that various categories of necessitous intervener, for example salvors, undertakers, liquidators, act in the conscious expectation of reward) is that people activated by moral compulsion ought not to expect the law to give them a remedy.
Milk Quotas
Authors: Cardwell Michael 
Published: November 2023

Abstract
Since their introduction in 1984, milk quotas have become a prominent feature of the Common Agricultural Policy. The vigorous and yet at times questionable trade in milk quotas is a strong indication that its legal ramifications are underestimated at their peril. Indeed practitioners in this area cannot afford to ignore the astonishingly large number and high value of dealings in quota. Academics as well are no longer in doubt as to the importance of quota legislation and its ramifications. Milk quotas constitute a major and novel extension of Community power in the agricultural sector and represent a potent force in the development of Community law. Indeed, the Common Agricultural Policy gives rise to the single largest body of cases before the European Court of Justice with milk quotas taking a leading role. This indispensable and up-to-date practitioners' manual explores the influence that milk quotas have had on both EC and UK legislation. The author examines exactly how these quotas operate in relation to landlords, tenants, taxation and, consequently, rural culture itself. He goes on to consistently link the domestic effects of milk quota legislation to the European Court of Justice and identifies ways in which milk quota regulation is influencing other areas of EC law.