bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Principle of Non-Discrimination in the Post-Nice Era
Authors: Ellis Evelyn 
Published: November 2023

Abstract
The subject-matter of this chapter is the two anti-discrimination directives which were adopted in 2000. Together these instruments forbid discrimination on the grounds of race, religion, age, disability and sexual orientation. Being directives, they will have fu11 binding force throughout the Union once their implementation periods have expired, but they require legislation to be passed by the Member States to incorporate their provisions into the national legal systems. After this has happened, the instruments will govern both the public and the private sectors.
Protecting Fundamental Rights and Social Rights: An Economic Analysis
Authors: Funk Lotbar 
Published: November 2023

Abstract
At the Nice Summit in December 2000 it became clear that previously vague ideas about the finality of the integration process require more exact definition. However, political debate about the future of Europe, and particularly the division of work between the European, national and regional levels, has been dominated by two extreme alternatives. Minimalist nation-statists favour a reduction of political integration and its replacement by an extended free trade zone. Maximalist federalists push for ‘ever closer union’ and a federation of European states supported by a constitutional agreement with clearly defined jurisdictions and democratic legitimation and monitoring in a union of peoples rather than of states. In this chapter I consider further alternatives. In addition to statism, a constitutionalist alternative to maximalist federalism, based on economic analysis, is considered. Moreover, recent developments suggest that new forms of governance are emerging in Europe.
EMU and the Lisbon Goals in an Enlarged European Union
Authors: Mullineux Andy W , Ryan Cillian 
Published: November 2023

Abstract
One of the challenges facing the EU is the rate at which it can undertake new initiatives while ensuring that previous experiments have been successfully completed. Thus, the Union is still in the process of ensuring compliance with the principles of the single market, while undertaking one of the greatest currency experiments in modern history, and simultaneously looking to the East and planning for its future expansion. Thus the expansion agreed at Nice is taking place within the context of a developing internal European economy with a new currency seeking legitimacy and strength. Externally the Union is facing an increasingly g1obalized world economy where the main world currencies are jockeying for position in a renewed debate over rate fixing, currency boards and adoption of common currencies. Indeed Robert Mundell, a Nobel Prize-winning economist and strong supporter of EMU, has recently advocated the adoption of a new world currency at a variety of forums.
The Governance White Paper, the Commission and the Search for Legitimacy
Authors: Wincott* Daniel 
Published: November 2023

Abstract
If their rhetoric is anything to go by, Europe’s political leaders believe that the EU faces a crisis of legitimacy. Discussion of bringing Europe ‘closer’ to its citizens is regular fare when they gather to discuss the future. It is widely agreed that the popular ‘permissive consensus’ on which the European Community was based for its first thirty years has ended. As many Europeans now seem actively hostile to the Union as are enthusiastic about it. For many others, EU issues simply fall outside the core of their social and political concerns. Political leaders in the Member States and at the European level sense a threat from the increasing evidence of disconnection and some hostility about the EU among the peoples of Europe, which exists alongside enduring elements of enthusiasm. Legitimacy questions hover around the (now more or less permanent) IGC process. However, each IGC ends not with a bang, but with a whimper, as expectations that the ‘big issues’ would be addressed are disappointed, often being deferred to yet another IGC. Yet these perceived problems have not prevented the Union from continuing to deepen (for example through monetary union) or to widen (the on-going issue of eastern enlargement).
The New Deal and Commercial Banking Lending
Authors: White Eugene N 
Published: November 2023

Abstract
In the 1990s American banks radically restructured their asset portfolios to better manage risks. They moved away from borrowing short and lending long-term towards more closely matching maturities or hedging risks. One key feature of this transformation was a decline in the importance of banks’ ‘traditional lending’ operations. This traditional lending was not a simple market-driven outcome but was largely shaped by New Deal regulations. In response to the economic collapse of the Great Depression, the New Deal sought to increase bank lending by encouraging banks to forgo their established practice of short-term lending. Although much of the New Deal legislation attempted to make banks into safer, more conservative institutions, its policies towards lending had the result of increasing risk by increasing duration.
A Historical Account of Japan’s Life Insurance Companies in the 1920s and 1930s
Authors: Tatsuki Mariko 
Published: November 2023

Abstract
The Japanese life insurance industry had two dimensions in its early days. At first, basic life insurance was provided by traditional friendly societies, which had developed in the proto-industrial days of the Tokugawa era. This was referred to as ‘pseudo-life-insurance’ after the introduction of modern insurance in the late nineteenth century. Modern scientific life insurance, on the other hand, was introduced from the West after the Meiji Restoration, and it competed with pseudo insurance.The pseudo-insurance companies had taken root so deeply in the life of the populace that they continued to prosper for quite some time after modernization following upon the Meiji Restoration. These companies had no scientific standards such as mortality tables or policy reserves. When the government conducted an investigation of the life insurance industry in 1894, it found among the several dozen companies it checked that only ten or so kept mortality tables.
Securities Markets and a Securities Company in Interwar Japan: The Case of Yamaichi
Authors: Kasuya Makoto 
Published: November 2023

Abstract
The Japanese government first introduced a banking system and a stock exchange system after the Meiji Restoration. While the establishment and operation of both these systems contributed significantly to Japan’s subsequent economic development, most historical studies have tended to focus on the development of the banking system (including many publications in English), with little attention having been paid to the stock exchange system. The Japanese banking system, known now as the ‘main bank sys- tem’, is thought to have played a major role in Japan’s postwar high economic growth. But even before this, the contribution to financing by capital, reserves, and corporate bonds was high before the outbreak of the Japanese–Chinese War in 1937.
The Meaning of Restorative Justice and Accountability
Authors: Roche Declan 
Published: November 2023

Abstract
Four values are suggested as the key to understanding restorative justice—personalism, participation, reparation, and reintegration. Because there is a tendency in restorative justice writing to see these key values as present in all informal modes of justice (and absent from all formal ones), advocates may have been led to underestimate the importance of ensuring that programmes are accountable. In particular, the popular notion that restorative justice is not a form of punishment but rather the revival of a universal, pre-state tradition of compassionate justice can encourage a false sense of security about the nature of informal justice.
Multiple Uses of Deliberative Accountability
Authors: Roche Declan 
Published: November 2023

Abstract
Susan listened to her son attempt to describe the harm he had suffered as a result of the attack six months earlier. His facial injuries had been so serious that he had required plastic surgery. When he had finished speaking, Susan took over: ‘And the harm we suffered was made worse by the failure of the police to treat this matter seriously. You (looking at the investigating officer) never returned our calls, and as far as we could tell, didn’t care about our case. It’s taken six months for this case to be dealt with—Why?’ All eyes turned to the investigating officer. ‘I’m sorry—sitting here, hearing what you’re both saying—I must admit I had no idea that Adam’s injuries were so serious. You see, I thought this was just a schoolyard scuffle, and I was sort of snowed under with other work at the time, but I should have given it more attention. I’m sorry I didn’t’.
Evidence, Proof, and Facts: An Introductory Essay
Authors: Murphy Peter 
Published: November 2023

Abstract
In this book, I have tried to bring together extracts from important primary and secondary sources, which will serve as a useful reference for those undertaking an in-depth study of the subject increasingly called ‘Evidence, Proof, and Facts’, as well as an introduction for those new to the subject. These sources represent the thought of intellectual giants, not only in the field of law, but also, and indeed primarily, in the fields of philosophy and science. They speak for themselves without the need for commentary. Nonetheless, as a discrete legal discipline, Evidence, Proof, and Facts is still somewhat novel, and it is, therefore, useful to define the issues to which the sources speak, to identify the principal areas within the subject in which academic debate has taken place.
Judicial Reasoning about Facts
Authors: Murphy Peter 
Published: November 2023

Abstract
The word ‘relevant’ means that any two facts to which it is applied are so related to each other that according to the common course of events one either taken by itself or in connection with other facts proves or renders probable the past, present, or future existence or non-existence of the other.‘Relevant evidence’ means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Epilogue
Authors: Rausing Sigrid 
Published: November 2023

Abstract
In October 2002, eight years after I had left, I went back to the collective farm in order to pose the question asked by Winston in George Orwell’s Nineteen Eighty- Four: was life better or worse before the Revolution—or, in this case, was life better or worse after independence and decollectivization? At first sight the village looked, if anything, poorer than it had been. The ground between the blocks of flats had been dug up, and there were graffiti on the derelict old workshop building next to the shop.
The Right To Bail
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
The right to be bailed, Sir James Stephen observed, ‘is as old as the law of England itself and is explicitly recognised by our earliest writers’ (A History of the Criminal Law of England, 3 vols, London: Macmillan, 1883 (hereafter HCL), vol. i, p. 233). He notes, for example, that Glanville recognised the right ‘in curt and general terms’ (Tractatus de Legihus et Consuetudinibus Regni Angliae, xiv, c. 1). In early English criminal justice there was no preliminary inquiry prior to the holding of the sheriff’s tourn or, in more serious cases, the commission of oyer and terminer and general gaol delivery.
Conditions Other Than Surety Or Security
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
The imposition of ‘requirements’ with which a defendant must comply as a condition for being admitted to bail is such an everyday occurrence in the criminal courts that it is easy to lose sight of the fact that the power to impose such requirements other than sureties is of comparatively recent origin. The power to attach ‘special’ conditions (as they were then known) to the granting of bail was introduced bys. 21 of the CJA 1967. The aim was to reduce the number of defendants in custody by providing a means of restricting defendants’ liberty while still allowing them bail. At the Report stage on the Criminal Justice Bill the Home Office Minister, Mr Dick Taverne, explained:
Bail Pending Appeal
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
The right to bail enacted by s. 4 of the BA 1976 is inapplicable to convicted offenders who have initiated appeal proceedings following the imposition of a custodial sentence. They may be granted bail but, in contrast with the statutory right, the decision lies within the discretion of the court enjoying jurisdiction to grant it.
Where a person in custody has given notice of appeal to the Crown Court against the decision of a magistrates’ court the magistrates’ court, may, subject to s. 25 of the CJPOA 1994, grant bail: MCA 1980, s. 113(1), as amended by the CJPOA 1994, s. 168(2) and sch. 10, para. 44.
Where a person in custody has applied to a magistrates’ court, under s. 111 of the MCA 1980, to state a case for the opinion of the High Court on a question of law or jurisdiction, the magistrates’ court may, subject to s. 25 of the CJPOA 1994, grant bail: MCA 1980, s. 113(1), as amended by the CJPOA 1994, s. 168(2) and sch. 10, para. 44.
Custody Time Limits
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
Custody time limits are the statutory fixed periods beyond which accused persons may not be held in custody pending their trial. They were introduced in response to a recommendation of the House of Commons Home Affairs Select Committee in 1983–4 (Remands in Custody, HC 252) following concerns which were aptly explained in the following passage of a Home Office study:
Such limits were seen as a potential way of expediting the progress of cases through courts. Lengthy delay in hearing cases has a number of adverse effects: the quality of evidence deteriorates (due to fai1ing memories, and the nonavai1ability of witnesses); all parties – victims, suspects and witnesses – suffer a prolongation of anxiety; frequent adjournments increase courts’ expenditure; the population of prisoners on remand awaiting trial increases and contributes to prison overcrowding.
The Role and Duties of the Advocate On Matters of Bail
Authors: Corre Neil , Wolchover David 
Published: November 2023

Abstract
Where the prosecution have no objection to bail the prosecuting advocate should make this quite clear to the court. The duty should not be fudged by a prosecutor who personally feels that on balance bail can safely be granted but who, on the other hand, wishes to avoid incurring criticism for not opposing bail if subsequently the defendant should abscond or break conditions in some other way.
It is essential for the prosecutor to approach and address the court on the basis of explicitly recognising that the bail decision is a matter for the court and not for the prosecution.
The Powers of the Arbitraltribunal and Interim Measures of Protection
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
A distinction should be made between the powers of the arbitral tribunal and its jurisdiction. The jurisdiction of the arbitral tribunal defines the scope within which the arbitral tribunal may act. The powers of the arbitral tribunal are the tools of the arbitral tribunal for the conduct of the arbitration. In the event that the arbitral tribunal acts in excess of jurisdiction then any subsequent award will be set aside. However, if the arbitral tribunal exceeds its powers the award may be valid. The validity of the award will depend on whether the arbitral tribunal has acted in a way which has rendered the arbitral process substantially unfair. If a party’s case has been seriously prejudiced by the acts of the arbitral tribunal then any subsequent award will usually be set aside. However, where there is no prejudice to a party but a mere technical breach of the powers of the tribunal then the award will not generally be overturned.
Evidence, The Award, And Remedies
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
It is common to find that arbitration rules and legislation deal only briefly with the conduct of the arbitration. The United Nations Commission on International Trade Law (UNCITRAL) Model Law, for example, provides that it is for the arbitral tribunal to ‘conduct the arbitration in such manner as it considers appropriate’.1 There are, however, certain obligations imposed on the arbitral tribunal. Where, for example, a party requests that there is an oral hearing then the arbitral tribunal is required to hold a hearing for the presentation of evidence and oral argument.2 The reason that issues of procedure are dealt with only in a cursory manner in many arbitration rules and most arbitration legislation is that the arbitration process can be used in many types of disputes. It can be used from complex construction or shipping cases to simple consumer disputes or trade arbitrations. It is therefore impossible to draft a single set of rules for the conduct of the arbitration which will be appropriate in all cases.
Recognition and Enforcement of the Award
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
An award is no more than a piece of paper and the obtaining of an award by one party does not guarantee payment from the other party. A party who succeeds in obtaining an award in its favour may therefore have to enforce that award. The enforcement of an award can only be done through national courts. The enforcing party must therefore request that the courts in the place where the other party has assets to make an order seizing those assets to the value of the award. The court in which an enforcing party will have to make its application for enforcement will therefore often be in a country other than that where the arbitration had its seat.
Extending Time To Commence Arbitration Proceedings
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
A contract may include a contractual time bar clause that limits the period when a claim can be commenced. Contractual time bar clauses are common in shipping agreements, in trade association rules and in some engineering and construction contracts. The purpose of a contractual time bar clause is to ensure that any disputes that may arise are dealt with swiftly.
The Arbitration Agreement
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
Section 6(1) of the Arbitration Act 1996 defines an arbitration agreement as ‘an 20.01 agreement to submit to arbitration present or future disputes (whether they are contractual or not)’. For Part I of the Arbitration Act 1996 to apply, the arbitration agreement must be made in writing. The dispute need not be confined to contractual matters3 and, depending on the wording of the arbitration agreement, may include claims in tort. However the dispute must be capable of being arbitrated. There is no prescribed manner for the drafting of an arbitration agreement. The parties may specify a procedure for the arbitration in their agreement or simply refer to an administered arbitration scheme. The arbitration agreement may be contained in an underlying contract between the parties from which the dispute arises, or it may be contained in a separate contract. Alternatively, the parties may incorporate a set of terms and conditions that contain an arbitration clause into a contract. This will constitute a valid arbitration agreement if the effect is to make the arbitration clause part of the contract.
Challenging the Arbitral Tribunal’S Jurisdiction In The Proceedings
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
In a commercial dispute the arbitral tribunal derives its jurisdiction to resolve the parties’ dispute from the arbitration agreement. It provides the arbitral tribunal with its power to determine the issues which the parties have agreed should be resolved by arbitration. If no such agreement exists then the arbitral tribunal should not proceed with the arbitration. Equally, the arbitral tribunal should not proceed if it does not possess the qualifications specified in the arbitration agreement or the dispute is not within the scope of the arbitration.
Challenging and Appealing the Award
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
Under section 67 of the Arbitration Act 1996 a party may challenge an arbitral tribunal’s award on the basis that he had no jurisdiction to conduct the arbitration. The provisions in section 67 of the Arbitration Act 1996 are distinct from the court’s power in section 32 to make a determination of a preliminary point of jurisdiction. An application under section 32 is made in the course of the arbitration proceedings. The right to challenge under section 67 is a right which exists only after an award has been made. Section 67 of the Arbitration Act 1996 is a mandatory section and cannot be excluded by the parties.
Appointments and Jurisdictional Clauses
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The seat of the arbitration shall be [place or country]. [The arbitral tribunal may, after consultation with the parties, conduct hearings and meetings at any location it considers appropriate unless otherwise agreed by the parties.]This additional provision is common in many institutional arbitration rules; for example, Article 14.2 of the ICC Rules of Arbitration.
Joinder and Consolidation Clauses
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
Where a dispute has been referred to arbitration under this contract and the Contractor is in a related dispute with a Sub-Contractor which is substantially the same as the matter referred to arbitration hereunder, the parties consent to the joinder of the Sub-Contractor as a party to the arbitration and to the reference of such related dispute to the arbitrator appointed hereunder and further agree that the arbitrator shall have power to order the consolidation of such arbitration proceedings and/ or to order the holding of concurrent hearings.
Procedural Clauses
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The arbitration has now been commenced and a set of Directions has been issued by arbitrator. You now need to consider your obligations to disclose documents in your control. The arbitrator has ordered documents to be disclosed in accordance with the requirements set out within the Civil Procedure Rules. You are therefore required to prepare a list of all documents which you have or have had in your possession, or which you have or had a right to possess or inspect or copy and which fall within any of the following categories: documents which support your opponent’s case.