bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Protection of Shareholders’ Interests in the Light of the Barcelona Traction Case
Authors: Mann F A 
Published: October 2023

Abstract
Professor Briggs’ summary of the decision of the International Court of Justice in the Case Concerning the Barcelona Traction, Light and Power Company Limited fairly recapitulates the principal reasons which led the Court to deny ‘the existence of any general rule of international law or of any special circumstances or considerations of equity which confer a right of diplomatic protection of national shareholders in a foreign company where the acts complained of were directed by authorities of a third state against the company rather than against any legal rights of the shareholders as such.’
British Treaties for the Promotion and Protection of Investments
Authors: Mann F A 
Published: October 2023

Abstract
Treaties for the promotion and protection of investments have for more than twenty years been a feature of international practice. Since 1959 the Federal Republic of Germany has concluded more than fifty such Agree ments. Switzerland started in 1961 and has concluded about thirty. Between 1972 and 1978 France concluded sixteen such treaties. In 1977 the International Chamber of Commerce counted altogether 124 and since then the number has increased.
Reflections on the Prosecution of Persons Abducted in Breach of International Law
Authors: Mann F A 
Published: October 2023

Abstract
A State which authorizes the abduction of a person from the territory of another sovereign State is guilty of violation of public international law. This principle is supported by considerable State practice, numerous decisions of municipal courts and a large body of doctrinal opinion. Its basis is the incontrovertible rule that exercise of physical force by one State in the territory of another State without the latter’s consent constitutes an excess of international jurisdiction or a violation of the ‘principle of respect for State sovereignty’, which is guaranteed not only by Article 2 of the Charter of the United Nations and other texts, for these ‘merely respond to firmly established and longstanding tenets of customary international law’.
The International Enforcement of Public Rights
Authors: Mann F A 
Published: October 2023

Abstract
The Restatement on the Conflict of Laws (First) which appeared in 1934 provided ins. 610 that ‘no action can be maintained on a right created by the law of a foreign state as a method of furthering its own governmental interests’. This was supplemented by s. 611 which specifically excluded foreign penalties from enforcement. The Restatement (Second) of 1971 deleted the former, but in s. 89 retained the latter provision, the authors making it clear that they were not expressing an opinion on the recovery of foreign taxes.
The Judicial Recognition of an Unrecognized State
Authors: Mann F A 
Published: October 2023

Abstract
Ever since the House of Lords decided Carl Zeiss Stiftung v. Rayner & Keeler Ltd. there was room to question whether the modern English judiciary had given thought to the rationale of the executive’s refusal to recognize a foreign entity as a State. The meaning and purpose of non recognition is simple and straightforward: the United Kingdom expresses its disapproval of the foreign entity, its origin and its policies. Therefore the UK regards it as non-existent, denies efficacy to its institutions, law and activities (though there may possibly be certain limited exceptions in matters of a purely private nature). In particular, the UK denies to an unrecognized State the right to become a party to a treaty, refuses to accept a diplomatic note or other official communication, or to recognize a passport issued by it.
Land-Locked and Geographically Disadvantaged States in the International Law of the Sea
Authors: Vasciannie S C 
Published: October 2023

Abstract
At the Third United Nations Conference on the Law of the Sea, the land-locked countries of the world, together with their geographically disadvantaged counterparts, made a determined effort to obtain special recognition in the Law of the Sea Convention. As members of the so-called LLGDS Group, they challenged the position of coastal States in several areas and introduced proposals which are yet to be fully assessed in the literature on the Law of the Sea. Published at a time when many intriguing questions on the Law of the Sea remain the subjects of intense controversy, this book charts the LLGDS effort at the UNCLOS III and critically examines the extent to which the 1982 Convention and the customary law reflects the perspective of the LLGDS Group. It also offers detailed consideration of many key issues in the law and politics of the sea.
Mass-Based Organizations in the West Bank and Gaza: Offering Services Because of and Despite the Military Occupation
Authors: Hiltermann Joost R 
Published: October 2023

Abstract
Palestinians in the twentieth century have lived under a succession of foreign rulers. The continued absence of a national authority of their own regulating the life of their society has meant that those basic services needed in any society that were not provided by the foreign ruler had to be furnished by Palestinians themselves. Consequently, in Palestinian society the types of organizations like trade unions, which in western democracies serve a complementary role to that played by the state and constitute a counterweight to the state’s transgressions, have instead played a substituting role under Israeli military occupation, filling the gaps created by the occupying power which had no compelling interest in satisfying the basic needs of the Palestinian population. These organizations, which in the 1980s include trade unions, voluntary work committees, women’s committees, medical and agricultural relief committees, and others, have gone further: they have built an autonomous Palestinian economic, social, and political infrastructure in the Occupied Territories in the absence of an independent state.
Israel’s Economic Policies in the Occupied Territories: A Case for International Supervision
Authors: Ani His Ham Aw Art 
Published: October 2023

Abstract
The predominantly agricultural economy of Mandatory Palestine centred around the rich coastal plain and the sea ports on the Mediterranean coast, with subsistence farming in the hills now known as the West Bank. Following the 1948 war, with the loss of virtually all the coastal plain and all but one port, the Palestinian economy was decimated and fragmented. The two segments of Palestine remaining under Arab control, together constituting less than one-quarter of the original land area, fell under separate administration. Bordering Egypt, the Gaza Strip was placed under Egyptian administration, while the West Bank fell under Jordanian rule and later annexation.
The Legal Framework of Government Regulation of Business
Authors: Matsushita Mitsuo 
Published: October 2023

Abstract
The Constitution, which was enacted in 1946, establishes the basic framework of the government by providing for the Emperor, the renunciation of war, the basic civil rights of citizens, the National Diet, the Cabinet, the Judiciary, budgetary matters, local government, the amendment procedure, the supremacy of the Constitution, and some supplementary rules. Under the Constitution, the basic organs of the state are the National Diet (the legislature), the Cabinet (the administration or executive), and the Judiciary (the Supreme Court and lower courts). The Constitution provides for the civil rights of citizens such as, inter alia, equality under the law, the right to petition the government, the liability of the state in cases of tort by a government official, freedom of thought, freedom of religion, freedom of association and expression, freedom of occupation, freedom of learning, and equality of the sexes. Some aspects of the Constitution will be dealt with in greater detail later. The Civil Code was enacted in 1896.
Industrial Policy
Authors: Matsushita Mitsuo 
Published: October 2023

Abstract
Japan has basically a market economy and in a market economy the market mechanism is the most fundamental institution in which enterprises are free to decide the prices they charge, the quantity they produce, and other terms of business, and government regulation of business is kept minimal. However, in every country in the world with a market economy, there are always some measures taken by the government which affect business activities. Even in a market economy in which the market mechanism operates and government intervention should be kept minimal, there is need for supplemental measures to deal with market imperfections.
Trial Discretions: The Judge and Counsel
Authors: Pattenden Rosemary 
Published: October 2023

Abstract
The Crown Court can grant legal aid for criminal trials before juries. This discretion is exercised comparatively rarely since magistrates’ courts also have jurisdiction to order legal aid for hearings in the Crown Court. Murder trials excepted, a legal aid order will be made only if the Crown Court is satisfied that the accused’s disposable income and capital are such ‘that he requires assistance in meeting the costs which he may incur’ and ‘it appears to the court desirable to do so in the interests of justice’. Section 29(6) of the Legal Aid Act of 1974 directs the court to resolve any doubt about legal aid in favour of the accused. In practice all but a very few defendants tried in the Crown Court are legally aided.
Trial Discretions: Summary Trials
Authors: Pattenden Rosemary 
Published: October 2023

Abstract
The vast majority of criminal cases in England and Wales (around 97 per cent) go no further than the magistrates’ courts where they are dealt with summarily. If moves which are afoot to reduce the workload of the Crown Court come to fruition this high proportion may increase further. Summary trials, like trials on indictment, are adversarial, oral, and open to the public. The primary difference between the two modes of trial lies in the fusion on the bench of a magistrates’ court of the law and fact finding function, the conduct of a preliminary inquiry before a jury trial,2 and the greater sentencing powers of a judge of the Crown Court. The rules of evidence and procedure are basically the same though proceedings are less formal in courts of summary jurisdiction and Darbyshire in her observations of seven magistrates’ courts found that where the accused is unrepresented the rules of evidence and procedure tended to be bent for his benefit. Most magistrates’ courts are presided over by persons without legal qualifications -justices of the peace-who sit on a part-time basis with a full time professionally trained clerk.
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Authors: Toth A G 
Published: October 2023

Abstract
Schengen Agreements See Free Movement Of Persons In order to enjoy a social advantage it is not necessary that a contract of employment should actually be in existence since migrant workers are guaranteed certain rights linked to the status of worker even when they are no longer in an employment relationship. A benefit the payment of which is dependent on the prior existence of an employment relationship that has come to an end may thus constitute a social advantage, since entitlement to that benefit is intrinsically linked to the recipient’s objective status as worker. Generally, a Member State may not make payment of a social advantage dependent on the condition that the recipients be resident within its territory. Unless it is objectively justified and proportionate to its aim, such a residence condition amounts to prohibited indirect discrimination as it can be more easily met by national workers than by those from other Member States (Case C-57/96 Meints [1997] ECR I-6689 at pp. I-6719–21; see further below. See also under Free movement of persons, section I.4(c) and (g), and Worker).
Introductory Refiections and Scope of the Present Work
Authors: Thornberry Patrick 
Published: October 2023

Abstract
The protection of ethnic, religious, and linguistic groups is one of the oldest concerns of international law. The rise of the State system in the sixteenth and seventeenth centuries and the emergence of an international law reflecting that system, necessitated concentration on minority groups. The ideals of national unity, manifested by a centralization of power, a common language, culture, and religion, fundamental to the self-identification of the States, tended to express themselves in intolerant attitudes, and repression of those who were perceived as ‘others’. Unity in this context seems to correlate with exclusiveness and there was a natural necessity to regulate some of its consequences. For pragmatic as well as humanitarian reasons, international law has been a protective instrument, because the minorities question has never contained itself entirely within national boundaries.
The United Nations Charter and the Treaties of Peace: The Issue of Minorities
Authors: Thornberry Patrick 
Published: October 2023

Abstract
The United Nations Charter makes no specific mention of minontles. Instead the emphasis is on individual human rights. At the San Francisco Conference, the high level of interest in human rights did not provoke proposals for the protection of minorities, though the Covenant of the League did not mention them either. Whereas the League supplemented its founding text with a series of minorities agreements, this did not occur at the United Nations where a different psychology prevailed. References to minorities at San Francisco were few and scattered, and included a remark by the representative of France that international intervention to prevent abuse of minorities might sometimes be necessary to maintain the peace. It may be that the minorities issue was subsumed under the general thrust for a new regime of human rights.
The Covenant on Civil and Political Rights
Authors: Thornberry Patrick 
Published: October 2023

Abstract
The argument of a previous chapter was that while the ‘right to existence’ of minorities was underwritten by international criminal law, the notion of existence is restricted to the ‘physical’ existence of member of minority groups and did not embrace the notion of ‘Cultural Genocide’: the oppressive destruction of the ‘cultural’ existence or identity of minorities. The right to a distinct identity is, however, the subject of international protection. The conventional and customary law recognising this right is considered below with the primary focus on the right as set out in Article 27 of the United Nations Covenant on Civil and Political Rights.
Persons Belonging to Such Minorities .. in Community with The Other Members of Their Group . . .’
Authors: Thornberry Patrick 
Published: October 2023

Abstract
The reference to ‘persons belonging to’ minorities was inserted at the third session of the United Nations Sub-Commission to replace ‘minorities’ sim pliciter.1In the opinion of the Sub-Commission member proposing the change, minorities as such were not subjects of the law, whereas persons belonging to minorities could be defined in legal terms. To maintain the idea of a group, the words ‘in community with the other members of their group’ were inserted after ‘shall not be denied the right’.
The Anti-Discrimination Provision of the European Convention on Human Rights
Authors: Thornberry Patrick 
Published: October 2023

Abstract
There is no reference to the principle of non-discrimination in the Preamble to the Convention, neither is there any specific article on equality; Article 14, therefore, stands alone in the Convention, supplemented by a cross reference in Article 16 which states that: ‘Nothing in Articles 10, 11, and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.’The machinery established for the protection of the rights and freedoms consists mainly of three bodies: the European Commission of Human Rights, the European Court of Human Rights, and the Committee of Ministers of the Council of Europe.
Indigenous Peoples: An Introduction
Authors: Thornberry Patrick 
Published: October 2023

Abstract
Indigenous peoples are referred to at many points in the present work. Sections and chapters on the definition of minority, State policies towards groups,2 self-determination,3 genocide,4 the application of Article 27, including the cases under the Optional Protocol,5 and the non-discrimination principle have all considered questions relating to indigenous groups. There is clearly an overlap between the general case of minorities and the specific issue of indigenous groups. But indigenous peoples claim to be more than, or different to, minorities.
International Law and the Use of Force by National Liberation Movements
Authors: Wilson Heather A 
Published: October 2023

Abstract
This book examines two branches of the international law of armed conflict as they apply to national liberation movements. First, it explores the idea that national liberation movements may legitimately resort to the use of force to secure the right of their peoples to self-determination. Second, it examines the application of the humanitarian law of armed conflict in wars of national liberation.
Introduction
Authors: Wilson Heather A 
Published: October 2023

Abstract
When Grotius wrote, ‘Public war ought not to be waged except by the authority of him who holds the sovereign power,’ he was explaining an idea that was already several hundred years old. By the dawn of the twentieth century it was axiomatic that only States could wage war. There were different words for other forms of violence: insurrection, civil unrest, piracy, or rebellion. At most, there was ‘civil war’, where the adjective modified the idea and the law which applied.
The Prospects for Application
Authors: Wilson Heather A 
Published: October 2023

Abstract
The intent of this chapter is to withdraw from this microscopic examination of treaty provisions and recent State practice to take a broader view of trends and their importance for the progressive development of the law of armed conflict.
The law of war is divided into two branches, usually considered to be separate to ensure impartial humanitarian protection in warfare irrespective of the cause of the war. In the case of national liberation movements this separation is, in one way at least, artificial. The trend toward the application of the humanitarian law of war to internal wars and wars of national liberation in particular was caused by a number of factors, one of the most important of which was the idea that these peoples are a separate entity, and have an identity distinct from the government administering them.
In A Time Of Trouble
Authors: Ellmann Stephen 
Published: October 2023

Abstract
Can the law really protect human rights when they are most under siege? During much of South Africa's state of emergency, the country's highest court grimly rejected efforts to use the law to restrain emergency power. The tide of those decisions has now turned. As this important book shows, these changing judicial trends reveal both the weakness and strength of the law. Although no guarantee of liberty, law and legal traditions can help to slow the march of oppression.
Conveyancing Reform
Authors: Anderson J Stuart 
Published: October 2023

Abstract
Typically, James Stewart’s modest and useful reform of lease and release conveyancing had been shoddily executed. When Bellenden Ker rescued conveyancers from the mischievous effects of Lyndhurst’s Act in 1845, he put Stewart’s right as well. In particular the Real Property Act allowed all interests in land henceforward to be transferred by simple deed of grant, abolishing much technicality and enabling us to speak of a ‘conveyance’ of land without anachronism. This sort of reform, comparable to new precedents set by the higher courts in its strengths, its randomness, and its chronic incompleteness, continued the job of simplifying land transfer started by the Real Property Commissioners. However, for mid-century reformers the institution of a general register of deeds was the greatest prize within their reach, and for John Campbell, chairman of the Real Property Commissioners, failure to grasp it was a continuing disappointment.3 Twenty years after their report he was still vying with Lord Brougham for the honour of being the man finally to introduce the system into England, and they were both still blaming shabby tactics by country solicitors for thwarting them.
Retrospect and Epilogue
Authors: Anderson J Stuart 
Published: October 2023

Abstract
1. The state recruited mainly from the bar, judges great and minor, the law officers, inspectors permanent or ad hoc, even so-called Solicitors to government departments, and whether the posts were new or old. This was a perennial complaint from law societies. Lord Cairns in 1875 had thought doing without district registries preferable to staffing them with solicitors. Of the seven First Class Clerks brought into the Land Registry in 1911, the men who did the really skilled work, barristers numbered six and solicitors one. Putting it differently, barristers permeated the state machinery far more effectively than solicitors did, hence continuing Law Society enthusiasm for a Ministry of Justice that might provide a second chance. Excluded from the state by the bar’s superior status the solicitors remained overwhelmingly a private sector profession. If the state then went into the business of providing services, the most that could be hoped was that it would act as though it were a rival professional formation, allowing solicitors the chance to compete-as Johnson urged in 1874, Lake at the turn of the century, and as clearly happened over trusteeships at that same time.
The Study of a Therapeutic Prison
Authors: Genders Elaine , Player Elaine 
Published: October 2023

Abstract
At the Conservative Party conference in October 1993 the Home Secretary announced that the success of the government’s criminal justice policy would not be judged by a reduction of the prison population. Indeed, he anticipated that measures contained in the 1993 Criminal Justice Bill, which were designed to ‘tilt the balance’ in favour of the police detecting more offenders and the courts convicting more of the guilty, would inevitably swell the numbers received into custody. To rapturous applause he denounced the pessimism which had dogged penal debates for the past two decades and declared that ‘prison works’. Despite a notable absence of any reference to empirical evidence which supported this assertion, and a blatant disregard of that which directly refuted it, he observed that prison ‘works’ by keeping persistent offenders out of circulation and by acting as a deterrent at both an individual and general level. He did not, however, stake a claim for the rehabilitative potential of imprisonment.
Therapy at Grendon
Authors: Genders Elaine , Player Elaine 
Published: October 2023

Abstract
While Grendon is depicted as a therapeutic community, it is perhaps more accurate to conceive of it as a collection of therapeutic communities which co-operate and share resources within an overall institutional setting. The aim of this chapter is to examine in greater detail how the three treatment wings are structured and to consider what consequences this has for the accommodation of therapy. We begin by describing the ideal typical therapeutic community and discussing its history and theoretical foundations. The focus then turns to the communities in Grendon to examine the extent and ways in which they conform to this ideal type. Attention is directed to the degree of uniformity which exists across the separate communities in the everyday routines and procedures which facilitate therapeutic practice. Procedural and structural differences in the provision of therapy on the three wings are also reviewed and examined in relation to their effects upon two specific areas of interest: first, the length of time inmates spend at Grendon; and secondly, their participation in, and experience of, the therapeutic process.