bluuebunny/crossref_metadata_2025_split huggingface dataset:
Self-Determination in Modern International Law: International Instruments and Judicial Decisions
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
Until the Second World War the principle of self-determination remained essentially a political concept. Although self-determination provided the underlying rationale for Article 22 of the Covenant of the League of Na tions, the principle itself did not appear anywhere in the Covenant as a general proposition of international law. In the Aaland Islands case1 self determination was held not to be a part of international law, except in cases of oppression.
Irredentism
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
Secession within a state does not generally fall within the jurisdiction of international law. An ethnic group in one state is at liberty, from the standpoint of international law, to secede and form its own nation-state. However, ethnic groups often comprise inhabitants of more than one state. Irredentism involves self-determination by members of a single ethnic group who inhabit more than one state. Irredentist claims may arise in a number of ways. A state may lay claim to territory of another state or non self-governing territory on the basis that the inhabitants of that territory are of the same ethnic stock as the population of the claimant state. Or, an ethnic group may seek to secede from one state in order to join another with which it shares an ethnic affinity.. The population of a non-self governing territory may seek integration with a neighbouring state of the same ethnic stock upon decolonization.
Introducing Claiming
Authors: Smith Lionel D 
Published: November 2023

Abstract
Perhaps the most important point made in Chapter 1 was that the process of tracing, like the process of following, is analytically distinct from the question of what rights can be asserted in the traceable product of the plaintiff’s value. Part II of the book examined some of the details of following, while Part III was concerned to explore the process of tracing in detail. This part of the book turns to the question of ‘claiming’. Its goal is to define what kinds of rights the process of tracing-and, to a lesser extent, the process of following-can allow a plaintiff to assert.
The Action for a Failure to Act
Authors: Albors-Llorens Albertina 
Published: November 2023

Abstract
The action for a failure to act is a remedy closely related to the action of annulment in so far as, whilst annulment proceedings aim at the removal of illegal acts, the action for a failure to act seeks to challenge the unlawful inaction of Community Institutions. Therefore, it represents the logical complement1 in judicial review in relation to the action of annulment. If only the action of annulment were available to ensure that the EC institutions acted within the limits of the law, there would be situations where the Community executive could abstain with impunity from adopting legislation or from taking decisions in situations where it ought to act. The closeness between the two recourses is evident and, as the Court has repeated consistently ‘both prescribe one and the same method of recourse’.2 This remedy appears regulated in all three Community Treaties.
International Human Rights
Authors: Dugard John 
Published: November 2023

Abstract
Human rights have played a prominent role in international law since the conclusion of World War II and the creation of the United Nations. South Africa has taken no positive part in the development of international human rights jurisprudence on account of its policy of apartheid. From a negative perspective, however, South Africa’s contribution has been considerable as United Nations action against apartheid, taken in defence of human rights, succeeded in generating many new norms which have added substantially to the corpus of international human rights law.
Equality and Equal Protection
Authors: Davis Dennis 
Published: November 2023

Abstract
Most constitutions seek to promote both liberty and equality as their guiding principles. Taken together they appear to represent a commitment to improve the life chances of individual citizens. Some might argue that liberty is valuable for its own sake and that it places such a fundamental metaphysical claim upon us that it must be constitutionally protected no matter what the consequences. However, if this claim is correct, it cannot simply be asserted. It must be proved, which in itself raises a host of controversial philosophical problems.
The Criminal Justice Act 1993
Authors: Windlesham Lord 
Published: November 2023

Abstract
On 13 May 1993, immediately after Prime Minister’s Questions in the House of Commons, the Home Secretary, Kenneth Clarke,1 made a statement about the criminal justice system. An ‘unexpected and welcome’ opportunity had arisen, he said, to amend a Bill currently before the House so as to ‘improve the working of the Criminal Justice Act 1991’ and ‘strengthen the powers of the courts in other important respects’.2 Useful and necessary, albeit in a minor key, the Criminal Justice Bill (HL) had attracted little notice since it was brought from the Lords (where it had originated) on 10 December 1992. It had been given an unopposed Second Reading on 14 April and was due to go to a Standing Committee for detailed consideration in late May and early June. The policy objectives were to extend the jurisdiction of the courts to try various offences of dishonesty when they involve a significant foreign element; to counter more effectively offences of money laundering; to amend the confiscation provisions of the Drug Trafficking Offences Act 1986 and the powers in the Criminal Justice Act 1988 relating to confiscation of the proceeds of other serious crimes; and to implement a European Community Directive on insider dealing in securities.
Partisanship and Compromise
Authors: Windlesham Lord 
Published: November 2023

Abstract
By the time the legislators returned to Washington for the 2nd Session of the 103rd Congress in late January 1994 they had seen concern about crime climb in the polls and had been reminded of its compelling importance to their electorates. As at Westminster, when MPs had brought back from their constituencies after the Easter Recess the same year a determination to compel the Government to act on violent videos, so did Representatives declare that legislation on crime was a top priority.1 The President echoed the popular sense of urgency. In his State of the Union Address Clinton characterized the problem of violence as an American problem without any partisan or philosophical element. He admonished members of Congress ‘to find ways as quickly as possible to set aside partisan differences and pass a strong, smart, tough crime bill’.2 In endorsing the three-strikes law, and mentioning Polly Klaas by name, he drew the longest ovation for his speech. The rapidity of Clinton’s conversion to the policy of threestrikes owed more to the promptings of his private pollsters than the caution of the Department of Justice.3 Biden for one was taken by surprise, having only shortly before dismissed the three-strikes policy as ‘wacky’.
Ending the Insanity
Authors: Windlesham Lord 
Published: November 2023

Abstract
The closing scene could have been portrayed as the finale of a compelling action drama, were it not for the gravity of the consequences when the elected representatives of a legitimate democracy were in the throes of arriving at such a long drawn-out conclusion. It was fitting that the decision lay with the United States Senate, where 100 Senators, some far-sighted and others with their gaze directed singlemindedly towards the imminent mid-term elections, had the last word on the legislative measure which had consumed so much time over two sessions. The President sensed that the Senate was more than simply a final fence to be surmounted in the steeplechase that law-making in Washington had proved to be for his Administration. Senators needed to be treated with respect and encouraged to take a statesmanlike view.
Profit and Virtue. Economic Theory and the Regulation of Occupational Health in Nineteenth and Early Twentieth Century Britain
Authors: Bartrip Peter , Hartwell R M 
Published: November 2023

Abstract
As a scholar Donald Harris is perhaps best known for his work on com pensation for illness and injury. However, as Director of the Centre for Socio-Legal Studies he not only did much to nurture the emerging law and economics tradition, but provided strong support for research in law and social history. It is therefore appropriate that this essay should embrace the disciplines of law, history, and economics. Its aim is to examine nineteenth-century regulation to safeguard the health of industrial workers in the light of modern theories of economic regulation. This brings together the interests of the two authors, Bartrip, who has worked extensively on the history of health and safety at work (Bartrip, 1979a, 1979b, 1988, 1996; Bartrip and Burman, 1983; Bartrip and Fenn, 1988, 1990), and Hartwell, who is interested in the growth of government since the industrial revolution (Hartwell, 1994). It brings together, also, two bodies of literature, the large historical literature on ‘government and industry in Britain’ (e.g. Grove, 1962; Checkland, 1983), which is of long standing, and the more recent literature on public regulation (e.g. Peacock, 1984; Tomlinson, 1994).
Violence, Racism, and Crime Surveys: Capturing the Process of Victimization
Authors: Bowling Benjamin 
Published: November 2023

Abstract
There is an obscenity in the functioning and omnipresence of opinion polls as in that of publicity. Not because they might betray the secret of an opinion, the intimacy of a will, or because they might violate some unwritten law of the private being, but because they exhibit this redundancy of the social, this sort of continual voyeurism of the group in relation to itself: it must at all times know what it wants, know what it thinks, be told about its least needs, its least quivers, see itself continually on the videoscreen of statistics, constantly watch its own temperature chart in a sort of hypochondriacal madness [Baudrillard 1989: 210].
Findings of Ill-Treatment
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
The first CPT report which is sent to a state begins with a preface re printed from the First General Report of the Committee.1 This stresses, inter alia, the following. First, that the CPT is not a judicial body and so it is not concerned with establishing as a matter of fact that breaches of treaty obligations regarding torture or inhuman or degrading treatment or punishment have occurred. Secondly, that the ECPT aims for ‘conflict avoidance’ not ‘conflict solution’ and so the CPT is concerned with prevention through a process of co-operation.
Governing Without Intelligence
Authors: Tomkins Adam 
Published: November 2023

Abstract
The Scott inquiry was the longest and most public investigation into Britain’s security and secret intelligence communities that we have ever seen. Yet little has been said of this aspect of the Scott inquiry either in the parliamentary debates which followed the publication of the report or in the subsequent literature.1 On one level this is not surprising. There is no chapter of the Scott report headed ‘intelligence’ to which one can turn to find with ease what Scott has to say about the successes and failures of the intelligence services in the story which the inquiry uncovered.
The Structure of Influence in Bankruptcy Law-making
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
Political influence in law-making arrays along two dimensions. Law making has a temporal structure: it unfolds along a time line. At first blush, this observation appears obvious to the point of triteness. Closer examination, however, reveals that how events unfold through time produces opportunities and introduces constraints that variously benefit those actors with the power to set and unset agendas. Time is a resource that can be manipulated by prolonging a reform cycle or speeding it up, by widening or narrowing agendas, by adding or subtracting stages, or by including or excluding participants at different moments.1
Empowering The Weak: The “Forgotten Class”
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
Shuld International Corporation sold books, records, and horoscopes. It advertised widely in national magazines, and sold its wares through the mail. In the final year of its descent towards insolvency, complaints about Shield International began to appear frequently in the in-boxes of consumer protection agencies, for it had perfected the doubtful art of accepting and cashing customers’ checks without sending the merchandise they had paid for. When Shield International filed for protection from creditors in the southern district of the federal district court in New York, on 8 May 1970, it listed 4,616 customers who had paid in full for goods they had not received. The size of the claims ranged from $1 to $50, with the average about $7.
Legal Context
Authors: Fehlberg Belinda 
Published: November 2023

Abstract
Times are changing in society and in the law. It is no longer good enough to lump the wife’s interests in with her husband’s or, for that matter, a woman’s interests with those of men with whom she is associated. As outlined in the Introduction, the last decade has seen, in the context of economic recession and high levels of business failure, an apparent increase in the number of surety wives seeking to avoid liability to creditors. The aims of this chapter are (i) to examine the application of the substantive law4 to surety wives, and (ii) in doing so, to explore judicial perspectives regarding surety wives.
Providing Security
Authors: Fehlberg Belinda 
Published: November 2023

Abstract
When you love someone, you just do what they ask you to do. Obviously, not without wanting it explained a little bit, but because I’m not financially minded, it didn’t really make much sense to me. I knew vaguely what was going on, but I didn’t know the details … I think he had tax problems and all sorts of things....I was working full-time [as a teacher]. I had enough to do with my job, running the house, to be involved in something that I didn’t really understand and wasn’t particularly interested in.
Policing the Dross
Authors: Choongh Satnam 
Published: November 2023

Abstract
This chapter develops and provides empirical support for the argument, outlined in the previous chapter, that the exercise of police discretion is moulded by certain police defined objectives. These objectives arise from police perceptions of criminality and its location in society, and from police ideas about what their job should entail. Such perceptions and ideas have led to the adoption of policing strategies which ensure that a significant group of suspects are no strangers to the police station, and in fact arrive with a store of knowledge which informs their expectations of police behaviour and influences the way in which they themselves behave whilst at the station. In other words, there exists a long-term relationship between police and ‘policed’, and police actions both inside and outside the station aim to re-create the norms of that relationship.
Tort and Human Rights
Authors: Cornhill Lord Bingham of 
Published: November 2023

Abstract
For most English lawyers of (or above) a certain age, Human Rights formed no named or identifiable part of the legal landscape in which they grew up. They had heard of the Declaration of the Rights of Man and the Citizen approved by the National Constituent Assembly at Versailles in August 1789 and knew of the rights protected by the first ten amendments to the United States Constitution, but these were no more than historical titbits, of little or no practical significance to the practice of the law in England.
Responsibility in Crime, Tort, and Contract for the Unforeseeable Consequences of an Intentional Wrong: A Once and Future Rule?
Authors: Gordley* James 
Published: November 2023

Abstract
Suppose A accidently shot B when aiming at C. It has seemed to many people that A should be held criminally and civilly responsible for shooting B. Yet modern jurists have trouble explaining why. They recognize two types of responsibility based on fault. A person is responsible for causing harm intentionally or negligently. In the example just given, the defendant’s objective was not to cause the harm he did. So it seems odd to say he caused it intentionally. Moreover, he may not have been negligent. He may have used due care to avoid shooting a bystander.
Some Thoughts About International Product Liability
Authors: lorenz werner 
Published: November 2023

Abstract
If compared with the embarras de richesses of literature which product liability has thus far provoked both in the United States of America and in Europe during the second half of this century, there are relatively few cases and materials dealing with the private international law aspect of this subject. This is astonishing if one considers the enormous flow of goods across the borders of the major industrial countries.
Traffic Accidents Compensation Under Tort Law and Under a Specific Law: The French Experience
Authors: Tune* André 
Published: November 2023

Abstract
In France, as in the United States and in many industrialized countries, innumerable proposals have been advanced since the beginning of this century for a specific statute dealing with compensation of traffic accident victims. Most of the proposals favoured a no-fault system of compensation of all victims. It would probably be pointless to study all these proposals. On the other hand, one text, the French 1985 statute on the matter, seems to deserve attention, because it is not a proposal, but a piece of positive law, and has been applied now for more than ten years.
Readings of Victimization and Volition
Authors: Maher Lisa 
Published: November 2023

Abstract
The linkages between contemporary criminological literature on women ‘s involvement in ‘crime ‘ and ‘deviance ‘ and current research and theory in relation to women drug users are rarely made explicit. There are, however, a number of ways in which these discourses both intersect and overlap. In particular, two distinct readings or interpretations appear to inform the literature. These readings tend to dichotomize agency. The first practically denies women any agency and the second over-endows them with it. In the first, women are portrayed as the passive victims of oppressive social structures, relations and substances, or some combination thereof. Women are cast as submissive objects, serving as mere automata for the reproduction of determining structures. Constituted by and through their status as victims, they are devoid of choice, responsibility, or accountability; fragments of social debris floundering in a theoretical tide of victim age. In the second, women are viewed as active subjects-rational volitional agents seeking to maximize ‘deviant ‘ or ‘criminal ‘ opportunities in a brave new world devoid of structure, power, and domination. These are the new generation ‘new female criminals ‘; the 90 ‘s style ‘gangsta bitches ‘ and corporate criminals pushing the boys aside as they carve out a space for themselves in the “hood ‘, and in the office. Both readings are guilty of over-simplification and both ignore the relationships between broader social, economic, and cultural formations and immediate, specific, and local contexts in structuring the conditions by which women ‘s agency is enacted. This book seeks to problematize these readings by describing and analyzing how structures and relations of gender, race, and class are articulated by, and within, divisions of labour in the street-level drug economy.
Adjudicative Government and Social Science
Authors: Murphy W T 
Published: November 2023

Abstract
To the politician and administrator of today, ‘society’ is a set of facts and figures, a quantifiable set of indicators in permanent motion. What was society in the era of adjudicative government? It was the manner in which things looked if you sat behind a table, or on a bench, listening to argument before pronouncing judgment. In Occider1tal culture, such a tableau unfolded, of course, at the very end of time itself, in the Last Judgment. In the government of the Universe, as in the govern ment of this world, the business of rule took the form of discriminating between the good and the bad, between right and wrong, separating the sheep from the goats,2 the judge surrounded by advocates pleading the causes of others.
Public Services, Citizenship and the State-the British Experience 1967-97
Authors: Faulkner David 
Published: November 2023

Abstract
This chapter traces the changes which have taken place in the structure, management, and culture of public services in Britain from the mid-1960s to the present time. It relates those developments to wider changes in social and economic conditions, in public and political attitudes to society and citizenship, and in views of the nature and role of communities and the State. It speculates about the direction which further developments might take in the future, and draws some conclusions for issues which government and public services ought to consider over the coming years and the approach they might take to them.
The Liberalization and Privatization of Public Utilities and the Protection of Users’ Rights: The Perspective of Economic Theory
Authors: Petretto Alessandro 
Published: November 2023

Abstract
Entry to the European Union automatically implies acceptance of the concept lying at the roots of its ‘economic constitution’: the developing of competition by means of widespread liberalization processes in the industrial sectors. The aim of this process is the gaining of the advantages associated with free competition between agents-in terms of innovation, cost minimization, price containment, and a high level of quality-independently of the private or public ownership of the enterprises operating in single markets. This therefore means liberalization, with or without privatization, above all in the basic sectors producing public-utility services such as telecommunications, energy, transport, and water supply.
Classification
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Grandfathering 27. The question then remains whether either of the 1988 or 1989 memoranda amounted to such a commitment. The first of these is dated December 12, 1988 and informed the Applicant that the Executive Directors had decided that: staff members whose positions were downgraded as a result of a job evaluation are to be treated, for salary review purposes, as though their positions had not been downgraded, even after the two-year salary grand fathering period has expired. These words are identical with certain passages in the Respondent’s desk-to-desk circular FYl/88/114, dated December 9, 1988, which was circulated to all affected personnel and the receipt of which the Applicant, though not affirming or admitting, has not denied.
Remedies
Authors: Amerasinghe C F 
Published: November 2023

Abstract
See also Sects. 1l(a); 20 Rescission See also Sect. l 5(b)ii i.55. The Tribunal allows the Applicant’s main plea, namely, to rescind the contested decision, thus lifting the Applicant’s employment ban at the Bank. This will afford the Applicant the possibility, should the Bank decide, of being hired again by the Bank, as if the investigation and subsequent decision affecting the Applicant had not taken place. This decision of the Tribunal is based on the consideration that, as a Consultant, the Applicant has no right of contractual employment by the Bank after the term of his appointment expired. He may be engaged only if the Bank so determines, although his good record of previous employment.