bluuebunny/crossref_metadata_2025_split huggingface dataset:
United Nations Instruments on Racial Discrimination
Authors: Thornberry Patrick 
Published: October 2023

Abstract
On 20 November 1963, the United Nations General Assembly in Resolution 1904(XVIII) proclaimed the Declaration on the Elimination of All Forms of Racial Discrimination. It had previously been suggested at the Sub-Commission’s session in 1961 that the Assembly should be encouraged to undertake the preparation of an international convention which would impose specific legal obligations on the parties to prohibit manifestations of racial and national hatred. The Economic and Social Council recommended to the General Assembly the adoption of a draft resolution on ‘Manifestations of Racial Prejudice and National and Religious Intolerance’. The item was allocated to the Third Committee of the General Assembly which decided to split the issues of racial discrimination and religious intolerance,3 adopting separate resolutions on the two issues. Resolution 1780(XVIII) requested the Economic and Social Council to ask the Commission on Human Rights to prepare a draft declaration on the elimination of all forms of racial discrimination and a draft international convention on the same topic.
Education
Authors: Thornberry Patrick 
Published: October 2023

Abstract
The UNESCO Convention against Discrimination was adopted by the UNESCO General Conference in 1960 and entered into force in 1962. The Convention is of importance to minorities in that it deals with the most important general means of preserving the identity of the group. UNESCO is a specialized agency of the United Nations; its competence relates to education, science, culture, and communication, and it is by reference to these four aspects that the organization’s interest in human rights is circumscribed. The purpose of UNESCO as laid down in its constitution is:
Judge Tanaka s Dissenting Opinion in The South-West Africa Cases (Second Phase) (II)
Authors: Thornberry Patrick 
Published: October 2023

Abstract
The dissenting opinion of Judge Tanaka is described as ‘profound and eloquent’ by Professors McDougal, Lasswell, and Chen, and as ‘probably the best exposition of the concept of equality in existing literature’ by Professor Brownlie. In this case, the International Court of Justice failed to deal with the merits of the submission by applicant States Ethiopia and Liberia that South Africa had violated her international obligations in relation to the territory of South-West Africa.
The Advisory Opinion on Namibia 1971 (III)
Authors: Thornberry Patrick 
Published: October 2023

Abstract
Authors who declare that the principle of non-discrimination is part of general international law often place the Advisory Opinion of the International Court of Justice on Namibia at the centre of their arguments. Resolution 2145(XXI) of the General Assembly of the United Nations terminated South Africa’s Mandate in South-West Africa. In this Resolution, the Assembly recited its conviction that ‘the administration of the Mandated Territory of South Africa [had] been conducted in a manner contrary to the Mandate, the Charter of the United Nations and the Universal Declaration.’
The ILO and Indigenous Populations: The Convention and Recommendation of 1957
Authors: Thornberry Patrick 
Published: October 2023

Abstract
The International Labour Organization has exhibited an interest in the condition of indigenous populations since its inception. In a description of its work submitted to the Special Rapporteur of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities on the question of discrimination against indigenous populations, it stated that as early as 1921, the International Labour Office had carried out studies on indigenous workers in independent countries. Following the establishment of a Committee of Experts on Native Labour in 1926, a series of conventions and recommendations were adopted by the ILO Conference at its fourteenth, twentieth, and twenty-fifth sessions.
The Concept of Law
Authors: Wilson Heather A 
Published: October 2023

Abstract
This chapter addresses certain fundamental questions about the nature and function of international law without which this book would be incomplete. It is not intended to be an exhaustive examination of the definition, sources, and subjects of international law, as these questions have been amply discussed elsewhere. Rather, its purpose is to state briefly the assumptions on which later arguments are based, and to examine in a general way certain issues which are central to the discussion which follows. More specifically, this chapter addresses three questions:
National Liberation Movements as Representative Authorities
Authors: Wilson Heather A 
Published: October 2023

Abstract
Chapter 5 addressed the authority of liberation movements to use force as a matter of international law. There is a second question, reminiscent of that explored by Augustine, Aquinas, and their contemporaries, which is separate from that discussed in the previous chapter but related to it: if it is the case that there is a right of ‘peoples’ to self-determination and some claim that the use of force to secure this right is justified, then how does a particular liberation movement become a legitimate representative of a people? This is a broad and complicated question which could be the subject of a book on its own. The purpose of this chapter is to explore the question in a general way as it relates to the larger issue of the authority to use force in international law.
South African Internal Security Law: Constitutional Framework and Statutory Designs
Authors: Ellmann Stephen 
Published: October 2023

Abstract
The system of apartheid offers all too many echoes of Nazism, but South African law is not Nazi law. To take the measure of South African law, however, we must begin with its most chilling features: the constitutional framework which gives South Africa’s Parliament, for which most South Africans cannot vote, virtually unchecked authority to work its will, and the statutes through which Parliament has exercised this prerogative.
The Rabie Court’s Protection of Human Rights
Authors: Ellmann Stephen 
Published: October 2023

Abstract
E. P. Thompson wrote those words at the end of a study of what he called, two pages later, ‘a bad law, drawn by bad legislators, and enlarged by the interpretations of bad judges’.2 In offering a chapter on the Rabie court’s protection of human rights, similarly, I do not mean to suggest that the emergency decisions of this period are an evenly balanced set. They are not. The most important cases, those involving the most far-reaching challenges to the emergency system, were all, without exception, decided in favour of that system, and these judgments sanctioned profound violations of human rights in the name of the emergency.
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Lawyers Against the Emergency
Authors: Ellmann Stephen 
Published: October 2023

Abstract
Since 1985 many South African lawyers have devoted great effort and ingenuity to the practice of emergency law on behalf of the victims of the emergency. From the start, this work has had an ironic quality. Confronting a government armed with legal powers so vast as to call into question the legitimacy of the law itself, attorneys and advocates have none the less sought to fashion legal limits on the state’s authority. The effort has been difficult, and those who have made the effort courageous. Yet it might be argued that this legal struggle has been to little avail, that the lawyers who have practised in this field have misdirected their energies, and that it would have been better either to adopt some harsher, more confrontational lawyering style or to reject such courtroom efforts altogether as a fruitless, and even counterproductive, response to apartheid. My purpose in this chapter is to demonstrate that in general the strategy South African lawyers adopted has been well-founded. In doing so, I will undoubtedly be urging a conclusion that many South African lawyers have long since reached. But this point has an importance extending beyond South Africa’s borders, for lawyers in many other lands have faced, and will face again, the question of whether to try to protect human rights in the courts of an oppressive country.
Lawyers and Law Refarm
Authors: Anderson J Stuart 
Published: October 2023

Abstract
1.1 As Henry Brougham began his great six-hour speech on law reform to the Commons in February 1828, the speech that declared open season for assault upon all the densest thickets of the common law, he promised to skip lightly past real property law. He had been beaten to the post by James Humphreys, whose visionary proposals for systematic reform he compared with the pioneering work James Mackintosh had done for penal reform a decade before. Home Secretary Peel was believed to be about to introduce legislative proposals in response, so he, Brougham, need add little. He was being disingenuous. Humphreys’s work and Brougham’s own prescriptions represent visions of law reform so different that they have next to nothing in common save the name. Humphreys had written a code, working outwards from basic principle to construct a system. Brougham proposed a medley of ad hoc statutes to right individual nonsenses—each one much needed, but each one quite independent of the others; laws reform, not law reform.
Law Fit for Heroes
Authors: Anderson J Stuart 
Published: October 2023

Abstract
1. For the legal profession’s first great expositor of modern land law, G. C. Cheshire, the statutory reforms of 1922–5 were explained by a general post-war desire to set the nation’s social life in order. It would be easy to agree, since it is a common-place that the war was a watershed after which nothing was the same again. The bills originated moreover from the Ministry of Reconstruction, and from its Land Acquisition Committee at that, from which much that was novel and radical had first appeared. There were great plans for legal reform. Mirroring the Ministry, the Solicitors’ Journal opened its pages to projects for ‘legal reconstruction’ of great ambition. A Ministry of Justice, a united grand school of legal education, admission of women (now a certainty to be welcomed rather than a fear to be joked about), the removal of barriers between the bar and solicitors, the destruction of barristers’ privileges, new systems for remuneration (made the more urgent as clerks’ wages rose), legal aid schemes for the poor, all these were discussed at length. These were all structural professional matters. Just one old favourite touched our concerns, the spread of state bureaucracy. But even in that context, land law, conveyancing, and registration were but briefly mentioned.
Methods of Research
Authors: Genders Elaine , Player Elaine 
Published: October 2023

Abstract
Describing the methods by which a piece of research has been carried out can be a tedious task which, for the general reader, engenders as much interest and entertainment as a car repair manual for the average motorist. It is for this reason that methodological details are frequently relegated to the backwaters of an appendix, to be unearthed by the enthusiast while discreetly closeted from the rank and file. This tradition tends to be broken when researchers have undertaken fieldwork with a strong participant observation component. In such cases it is not uncommon for there to be a lengthy discussion in the heart of the text about how the fieldwork was set up and accommodated, how the researchers performed their fieldwork roles, and how difficulties were managed and triumphs achieved.1 Such examples rarely take the form of a technical treatise, which tests the resolve of all but the most dedicated or obsessive reader. Instead they are often engaging stories which breathe life into the process of data collection, and which justify their liberation from an appendix by the claim that the subtleties of the evolving fieldwork situation have shaped the nature of the information collected, and may even have influenced its presentation.
Issues of Order and Control
Authors: Genders Elaine , Player Elaine 
Published: October 2023

Abstract
The preceding chapters have discussed the organization of Grendon as a collection of therapeutic communities, but they have largely deferred any consideration of the fact that these communities are located within the walls of a prison. So far, the role of the establishment has been portrayed in terms of its treatment dimension, that is, the opportunity it affords inmates to understand their problems and to identify alternative and socially acceptable ways of coping with them. But it must be remembered that Grendon is also charged with a duty to contain in secure conditions, and maintain control over, a population of men who have been convicted ofseri ous crimes and who have received some of the most severe penal ties which the criminal justice system can impose. Essentially, Grendon may be conceived as embodying two separate institutions: on the one hand, the therapeutic community and, on the other, the prison, each with their own principles, aims and practices co existing under one roof. This chapter seeks to examine how Grendon attempts to achieve the dual task of treatment and control, and what consequences this has for the functioning of the therapeutic communities and for the order and security of the prison.
Leaving Grendon: Back in the System
Authors: Genders Elaine , Player Elaine 
Published: October 2023

Abstract
This chapter examines how and why inmates leave Grendon and seeks to describe the post-Grendon experiences of those men transferred back to other prisons. Where do they go? Why do they leave? Who makes the decision? And how do they adapt to the change? First, we identify the men’s destinations and describe the reasons which underlie the decision-making process which leads up to a man’s transfer out of Grendon. We then examine how the men feel they have benefited from their time in therapy, and what consequences they believe this will have for them in the future.
Elements of a Legal System
Authors: Ost Michel Van De Kerchove François , Stewart Iain 
Published: October 2023

Abstract
Common to the theories of Kelsen and Hart is a reduction of the elements of a legal system to rules or to norms. To privilege this level of enquiry is understandable, since norms are clearly ‘a legal system’s most prominent element’. As Jhering suggests, ‘what the human mind perceives first are the prominent, exterior and practical parts of law, the parts whose action strikes it immediately: the legal rules’. Moreover, by retaining only this element it is possible to satisfy both a requirement of homogeneity inherent in the existence of what has been called a ‘system of synthesis’3 and a requirement of rigorous unity of object that some writers such as Kelsen have erected as a basic epistemological postulate.
Legal System and Temporality
Authors: Ost Michel Van De Kerchove François , Stewart Iain 
Published: October 2023

Abstract
The study of systems through time-their emergence, evolution, and equilibration, their way of handling the contradictory imperatives of adaptation and stability, their ability to alter their own rules of functioning, and their disappearance or possible entropy-is an important area of systems theory. After defining a system’s state, or its situation of optimal equilibrium, one goes on to look at the various factors of alteration, both internal and external, that can affect its evolution; likewise, one uncovers the mechanisms (particularly of retroaction) that can restore the system’s equilibrium or ensure it a higher level of integration, that is, a stronger capacity to adapt. Thus one gradually clarifies the phases of the system’s transition and its laws of evolution. In this type of study, two approaches are often opposed: the structuralist method, which stresses the system’s relatively stable elements, its invariant structures which define synchronic properties; and the genetic method, which emphasizes its variable elements, its factors of irreversible evolution which define diachronic properties.1 The particular virtue of the systemic method is to link these two approaches: one arrives at a true understanding of change through taking account of a system’s internal structures.
The Relevance of the Convention in the United Kingdom Courts
Authors: Clapham Andrew 
Published: October 2023

Abstract
The United Kingdom was one of the key actors in the drafting of the European Convention on Human Rights, was one of the original signatories on 5 November 1950, and on 8 March 1951 was the first State to ratify the Convention. Although the Convention has not been incorporated into domestic law it is surprisingly relevant in the domestic courts of the United Kingdom. Chapters I and 2 deal with some of the case-law of the British courts and these decisions have been analysed under a number of headings. The Convention may be relevant in the following situations:
Incorporation of the European Convention on Human Rights in the United Kingdom?
Authors: Clapham Andrew 
Published: October 2023

Abstract
So much has been written about the desirability and feasibility of a written constitution for the United Kingdom that no attempt will be made to summarize the various difficulties involved,1 or the political stances taken.2 This chapter imagines a future legal order with the more recent proposals that have reached Parliament for a Bill of Rights which incorporates the Convention already in place, and seeks to show that such a Bill of Rights would not transfer vital political questions to an unelected body of judges, but could operate to prevent some violations of civil liberties, and at the same time perform an important educative function.
The Application of the European Convention on Human Rights to the Acts of Non-State Actors: The Case-Law of the European Commission and Court of Human Rights
Authors: Clapham Andrew 
Published: October 2023

Abstract
Chapter 4 suggested two approaches to the possible application of the Convention in the private sphere. The first was that the method of interpretation of the European Court of Human Rights was forward looking and contextual, rather than backward-looking and positivist, and therefore it had to take into account current trends in international and constitutional law which suggest that individuals have to be protected from acts which violate human rights, even when the actors are private bodies. Furthermore, an ‘effective’ implementation of the Convention means that the changing social context within which it operates has to be considered.
The Application of Human Rights in the Private Sphere in the United Kingdom
Authors: Clapham Andrew 
Published: October 2023

Abstract
Part II has so far demonstrated three things. First, that international treaties can create duties for individuals to respect the rights of others. (The most relevant example is the Treaty establishing the European Economic Community, but mention was also made of duties in the context of war crimes, genocide, and apartheid.) Secondly, it has been shown that, although the European Commission of Human Rights rejects applications against non-state bodies (including the European Community) as inadmissible ratione personae, the Strasbourg Court’s interpretation of the European Convention authoritatively states that the Convention is relevant ‘even in the sphere of relations between individuals’ However, the exact way in which duties arise under national law cannot be decreed by the European Court of Human Rights (in the way that the ECJ created Community duties for individuals under Community law).
Jurisdiction
Authors: Amerasinghe C F 
Published: October 2023

Abstract
On the third issue concerning the reservation of the right of appeal to the Tribunal from the decision of February 26, 1987 of the VPCTR until 90 days after the date of the release of the job audit findings by reason of the existence of exceptional circumstances under Article II, para. 2 of the Statute, the Tribunal holds that it is inappropriate for it to decide at the present time on the conditions or requirements of an application which is not before it. (Breton, Decision No. 69 [1988], para. 32)
Review Of Judgments
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The Applicant has misunderstood the nature of the Tribunal’s observation. The Applicant made a request for 20 Review of Judgments costs and the Tribunal did not make an interim decision on his request, postponing a final decision and inviting him to submit further particulars to enable it to make a final decision. On the contrary the Tribunal did make a final decision-awarding him costs in the amount of $1,000 which was intended to include attorney’s fees. This decision makes the award res judicata, as is confirmed by Article XI (1) of the Tribunal’s Statute, which declares its judgments ‘final and without appeal’. Thus, clearly the Tribunal cannot reopen Decision No. 73 by way of appeal. As was stated in Van Gent (No. 2), Decision No. 13 [1983], para.
Discretionary Power
Authors: Amerasinghe C F 
Published: October 2023

Abstract
According to the Respondent, the actions taken m this case were an integral part of the Bank-wide Job Grading Program and constituted a reasonable and non-discriminatory exercise of its discretionary authority. The Respondent claims that, in such cases, ‘it is not for this Tribunal to substitute its own judgment for that of the Bank.’ (de Merode, Decision No. 1 [1981], para. 45)
Substantive Irregularity
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The Tribunal does not agree with the Applicant’s criticism of the generic criteria for grade 24. The discretion given to the grading individuals and committees under the mechanism established and applied by the Respondent does not differ in nature or scope from the discretion possessed by management in other areas relating to the conditions of employment. In all cases of discretion, unless otherwise proven, it is assumed that the administrative authority will exercise its discretion in an objective and non-discriminatory manner. The very fact of allowing the grading and reviewing bodies a wide range of discretion does not by itself invalidate the scheme. It is the exercise of discretion by individuals and committees in particular cases that may be challenged and criticized.
Terms And Conditions Of Employment
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The Tribunal does not deem it necessary to pronounce in the present case on the question whether... the Respondent has the power to deprive a staff member of a grade previously held by him. In particular, with respect to the Job Grading exercise, there can be no certainty that in all cases an exact correspondence exists between the former grades and the present ones, ... [T]he Applicant herself has not invoked the existence of a right indefinitely to maintain her former grade. Her contentions and arguments have been essentially concerned with ... her entitlement to continued salary increases....
Transfer And Reassignment
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The record shows that the Respondent did promise to convert the Applicant’s appointment into a permanent one but that the fulfillment of that promise was conditional upon the Applicant’s satisfactory performance. By a letter dated December 22, 1986, the Applicant’s supervisor informed the Personnel Management Department (PMD) of the Applicant’s selection as a Cofinancing officer.
Disciplinary Measures
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The record shows that the Respondent did promise to convert the Applicant’s appointment into a permanent one but that the fulfillment of that promise was conditional upon the Applicant’s satisfactory performance. By a letter dated December 22, 1986, the Applicant’s supervisor informed the Personnel Management Department (PMD) of the Applicant’s selection as a Cofinancing officer.