bluuebunny/crossref_metadata_2025_split huggingface dataset:
Some Criticisms
Authors: Kontou Nancy 
Published: November 2023

Abstract
The Vienna Convention does not mention supervening custom as a ground of termination of prior incompatible treaties. The 1964 ILC Draft on the Law of Treaties contained a provision on treaty modification ‘by the sub¬ sequent emergence of a new rule of customary law relating to matters dealt with in the treaty and binding upon all the parties’ (Article 68, para. c). This provision was subsequently deleted from the Draft.
The Setting: The Crown Court at Wood Green
Authors: Rock Paul 
Published: November 2023

Abstract
I shall begin at the beginning by describing a little of the formal history, setting, and organization of the Crown Court at Wood Green. It is necessary to open with a methodical procession through such structural matters because everything done within the Court was part of an elaborately planned division of labour. It will then be possible to tum to the special experiences of those who worked in the Court, visited it, and were brought to it for trial.
Trials as Conflict
Authors: Rock Paul 
Published: November 2023

Abstract
The trial was at the heart of the Court and its very reason for being, the drama about which events turned, its conflicts, controls, and dan gers saturating every identity and association. So important was it that no sense can be made of the larger organization and work of the Court until it has been examined. Turning to it first, I must delay the task of describing some other important matters, in particular the role and character of the professionals who worked on the trial. The staff and users of the Court will remain rather spectral figures until Chapter 4, but they cannot be given much substance and Resh until I have conveyed a sense of the place of the trial within their life.
Insiders and Outsiders
Authors: Rock Paul 
Published: November 2023

Abstract
Three chapters have turned on the conflicts and working practices of the trial. In this short bridging chapter, I shall look at those same processes through a different lens to explain how they cngendered a particular social world, a world founded on 11w preservation of safety and privacy, a world that fitted into the physical space that I shall describe in the next chapter. With some little exaggeration perhaps, the organization of the Crown Court centre at Wood Green may be likened to an array of concentric rings whose character was shaped by the workings of opposition and attraction. Opposition flowed from the dangers, antagonisms, secretiveness, and contaminations of the adversarial system, and attraction from the bonds of those who had to work closely together in conditions of trust.
The Nature of the Legal System Governing Employment Relations in International Organizations
Authors: Amerasinghe C F 
Published: November 2023

Abstract
International organizations are a striking feature of the twentieth century. With the growth and development of international society during the century there came into existence the League of Nations, which was born and died, the United Nations, and a host-of other international agencies of diverse natures such as the FAO, the World Bank, and the EEC. Many have a variety of purposes, some being political and others being more technical and functional. Their functions may embrace a variety of goals ranging from the preservation of peace to the protection of human rights, the promotion of international trade, economic development, and technical assistance. Their powers may range from the making of recommendations to the taking of more effective action by decision. States co-operate through them towards agreed ends by such means as assemblies, meetings, and conferences. But they all have one important feature in common. They are all organized as corporate bodies. Their corporate nature has been acknowledged both by the international community and individual States in that both international law and States as members of international society have recognized them as possessing legal personality’ and individual States have entered into international law and municipal law agreements with them as corporate bodies.2 Further, generally they were accorded immunity from the jurisdiction of member States. Thus, Article 105 of the UN Charter states that: ‘The Organization shall enjoy in the territories of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.’
The Identification of Sources
Authors: Amerasinghe C F 
Published: November 2023

Abstract
International administrative law, as has been seen, is a comparatively recent phenomenon, having formally come into existence after the creation of the League of Nations. International administrative tribunals as such are of even later vintage, the first of them, namely the LNT, having been created in 1927. While the question of the sources of international administrative law or the law governing employment relations in international organizations need not theoretically be entirely dependent on the existence of international administrative tribunals, it can only have practical meaning and impact in relation to what such tribunals do in deciding cases which are brought before them relating to employment relations in international organizations. That is to say, though as long as there are employment relations governed by law in international organizations, this law must be derived from a source or more than one source, it is the fact that international administrative tribunals apply that law in deciding disputes brought before them that gives objectivity and reality to the question from what sources the law relating to employment relations in international organizations derives.
General Principles of Law
Authors: Amerasinghe C F 
Published: November 2023

Abstract
International administrative tribunals have found that the express written laws of international organizations do not by themselves provide all the solutions as sources of law for the problems encountered in disputes between such organizations and their staff in matters of employment. The case law shows that in many situations tribunals have had recourse to other sources as well in settling disputes referred to them. General principles of law are important among these sources. Even though problems may arise as to when such principles are applicable, what relationship they bear to the written and other sources of law and how they may be identified, there is considerable evidence that they are an accepted source of law.
Inadmissibility for Other Reasons
Authors: Amerasinghe C F 
Published: November 2023

Abstract
While inadmissibility ratione temporis is an important factor pertaining to the jurisdiction of international administrative tribunals and may even be an obvious and common element in such jurisdiction, there are other reasons for inadmissibility of applications which have prevailed. Such reasons depend to a large extent on the written law governing the jurisdiction of each tribunal, so that not only must such written law be examined in a given situation in order to establish whether an application is admissible or not but also the decisions of one tribunal may be less helpful to other tribunals in deciding issues relating to admissibility. However, it is a distinct possibility that there are certain general principles which may be applicable in common situations in the implementation of the written law. The decided cases generally illust rate such principles. For example, although all the tribunals have not had occasion to apply these principles in the course of their adjudication of disputes, the general rules that an application will be inadmissible if it is insufficiently clear in regard to the grounds on which it is based or if it does not show that the applicant’s rights have been adversely affected (that is, that he has suffered an injury), will probably be recognized by all of them. It is the most important of these general principles that will be examined here.
Détournement de Pouvoir
Authors: Amerasinghe C F 
Published: November 2023

Abstract
A Discretionary power may be reviewed because there has been a détournement de pouvoir. The latter is the French term frequently used in international and some systems of national administrative law to describe irregularity of motive or purpose in connection with the exercise of discretionary powers. Basically, détournement de pouvoir occurs when discretionary powers are exercised for purposes or objects other than those for which such powers have been explicitly or implicitly granted or are not exercised for the objects underlying the grant of such powers. Détournement de pouvoir, as used in this sense, pertains to discretionary power, and not to obligatory or necessary functions. Discrimination and inequality of treatment, which are regarded as aspects of détournement de pouvoir, may be treated separately, as there are special considerations to be taken into account in regard to them. Consequently, they will be dealt with in the next chapter. In the French administrative law which originally propounded the doctrine or principle of détournement de pouvoir (which in English may be described as ‘misuse of power’ or ‘abuse of purpose’), it is very generally defined as the action of an administrative authority in using its powers for a purpose other than that for which those powers were conferred upon it.
Some Lessons from the Law of Torts
Authors: Swadling William 
Published: November 2023

Abstract
Much of the difficulty inherent in the branch of the law concerning liability for assisting a breach of trust and liability for the receipt of misdirected funds derives from the fact that this pocket of the law seems to exist in equity without any reference to its common law counterparts. The conclusion which will be offered here is that if liability for assistance and receipt were to be considered as a part of a unified law of torts, many of the problems highlighted by the foregoing papers would become capable of simple resolution.
The Perspective from Company and Commercial Law
Authors: Birds John 
Published: November 2023

Abstract
The topic of bribes and secret commissions is considered in this paper from the perspective of someone whose principal interests lie in Company Law and certain aspects of Commercial Law, rather than from the perspective of an Equity or Restitution lawyer. Thus, the paper does not attempt to offer an authoritative view on the question of the remedial issues which arise, in particular the basic nature of the accountability for a bribe and whether the remedy is personal or proprietary; one cannot, of course, escape adverting to these issues but in this respect, others are far better qualified to comment than this author. Even within these selfimposed limits, there are a number of questions which can usefully be dealt with, not least because the application of the legal principles applicable to bribes and secret commissions in the context of companies appears to leave some questions unanswered and, possibly to some extent at least, in recent years, to reveal a change in attitude to the judiciary.
The Case Load and Other Pressures
Authors: Sir Patrick Neill Q C 
Published: November 2023

Abstract
This paper aims to suggest the most pressing or most interesting problems which surround judicial review. I shall marshall the topics to be addressed under the followmg headings:
The threat posed to judicial review by the case load.
The borderland between public and private law.
Developments in the grounds on which decisions may be attacked.
Procedure, with special reference to O’Reilly v. Mackman.
The Children Act 1989 and the Experience of Scots Law
Authors: David Kelbie Sheriff 
Published: November 2023

Abstract
Child Care Law in England and Wales has recently been radically changed by the Children Act 1989. In Scotland recent changes have been minor and piece-meal. There has been no unified approach to the Public and Private Law aspects of child care and the law has to be searched for in the common law and in a mass of separate legislative provisions which do not always sit easily with each other. Many are out of keeping with modern social conditions and attitudes. It is clear, however, that the pressure for real change has been building and is long overdue.
Press Freedom and Police Access to Journalistic Material
Authors: Feldman David 
Published: November 2023

Abstract
This chapter seeks to explain and evaluate the law concerning police access to material held by journalists and broadcasters in England and Wales. Some of the information which journalists amass inevitably relates to criminal behaviour. Investigative journalists, and photographers and cameramen at public events where violence occurs, are particularly likely to acquire material which could be useful to officials investigating allegations of crime. In different parts of the common law world, such material has been sought from the press by Royal Commissions and statutory tribunals of inquiry seeking to establish the source of leaks of governmental material or the causes of public disorders, or investigating the behaviour of trade unions; by inspectors investigating suspected insider dealing or abuse of corporate power;2 by companies and government departments wishing to identify the source of leaks; by parties to civil proceedings against the police seeking film made by a television news team of clashes at the Windsor
Understanding the New Copyright Environment: An Assessment of the State of Copyright Law—From Whit ford to Multimedia
Authors: Dworkin Gerald 
Published: November 2023

Abstract
Copyright has never been more prominent. Right holders are more aware of their rights than ever before; users of all kinds are becoming more conditioned to the notion that payments should be made when the works of others are used (even though there is still a long way to go); governments have at last begun to appreciate the economic importance of successful copyright industries; all of which, at the international level, has led to unilateral, bilateral and multilateral activity to make the copyright system worldwide work more effectively.
The European Human Rights Convention and Media Law
Authors: Lester Lord , Hill Herne , Schiffrin Natalia 
Published: November 2023

Abstract
The number of cases brought before the European Court and Commission of Human Rights has dramatically increased over the last few years. In the period since 1988, the case load of the Court has more than doubled and, in the last decade, the number of complaints submitted to the Commission has grown five-fold. The Court’s case law under Article 10 of the ECHR, guaranteeing the right to freedom of expression,1 is likewise increasing.
Complaints against the Media
Authors: Michael James 
Published: November 2023

Abstract
‘The regulation market is chronically oversupplied at present, with no fewer than three bodies undertaking to maintain broadcasting standards.’1
In 1994 the number of bodies regulating various aspects of broadcasting programme standards rose to four with the introduction of the BBC Programme Complaints Unit. The Broadcasting Complaints Commission, Broadcasting Standards Council, Independent Television Commission, and BBC Programme Complaints Unit all have jurisdiction to receive complaints about different (although sometimes overlapping) aspects of programme standards. Some, in particular the BSC and the ITC, have competence to initiate research and inquiries. Most, but not all, are limited in the sanctions applied (if a complaint is upheld) to requiring a broadcast of their findings.
Copyright and the Media in 1994
Authors: Bate Stephen , Devereux Mark , Fraser Colin , Enser John 
Published: November 2023

Abstract
The year 1994 may well come to be regarded in the future as the year which brought about a major shift towards the recognition of copyright as an asset (when used legitimately) to trade between nations. The catalyst has been the signing on 15 April 1994 at Marrakesh by 108 countries of the Final Act embodying the results of the Uruguay Round of the Multilateral Trade Negotiations (GATT) (‘the Final Act’). Amongst the other Agreements annexed to the Final Act is the Agreement on Trade-Related Aspects of Intellectual Property Rights (known as ‘TRIPS’). The TRIPS Agreement brings intellectual property for the first time within the ambit of the General Agreement on Tariffs and Trade (‘GATT’) and of its successor body, the World Trade Organisation (‘WTO’) which came into being on 1 January 1995.
Failure of Consideration I: Valid Contracts
Authors: Mitchell Charles 
Published: November 2023

Abstract
This and the next chapter are concerned with the following situation: S enters into a contract with PL. S agrees either to make a payment to RH on PL’s behalf, in respect of an obligation to RH which PL has previously incurred, or to lend money to PL, which PL then uses to pay RH. PL agrees that he will repay S at some future date but in later failing to make the repayment causes the consideration for S’s advance to fail. Where RH is paid directly by S, PL’s obligations are discharged by S’s payment because PL has ipso facto authorized S to act on his behalf; where RH is paid by PL, the issue of whether PL has authorized the payment obviously does not arise and again PL’s obligations are discharged by PL’s payment. The question addressed in this and the next chapter is whether S should be entitled to acquire RH’s rights against PL via reviving subrogation on the ground of failure of consideration. This chapter considers the position where Sand PL’s contract is a valid one, while Chapter 11 discusses that where S and PL’s contract is deemed by the courts or the legislature to be void or voidable for some reason.
Contractual Subrogation and Assignment
Authors: Mitchell Charles 
Published: November 2023

Abstract
This chapter will briefly consider three situations in which the entitlement to acquire another’s rights of action is conferred by contract:1 where an insured agrees to allow his insurer to take over his rights against a third party; where a senior and junior creditor agree under a subordinated debt agreement that the senior will acquire the junior’s rights against their common debtor until his debt is repaid in full, after which the junior will acquire the rights of the senior; where a mortgagee agrees that a third party should acquire his rights against the mortgagor. As a matter of terminology, not all three situations can be said to constitute examples of contractual subrogation rather than assignment. This is because although contractual subrogation and assignment are very similar, most notably in the fact that there is no necessary limit to the quantum of recovery by a party who has acquired rights of action by either means,2 they differ in the important respect that a party who has been simply subrogated to another’s rights of action under a contractual term is entitled to use the other’s name in litigation, whereas a party who has taken an assignment of another’s rights of action must pursue these rights in his own name. The importance of this distinction is most marked in the area of insurance law, where insurers generally wish to pursue litigation against third parties in the name of their insureds because they think this will improve their chances of recovery.3 But in the general interest of terminological accuracy, it should in any case be stated that whilst the first two situations described here may be characterized as examples of contractual subrogation, the third simply constitutes an example of assignment.
Some Observations on the United Nations Convention on Contracts for the International Sale of Goods
Authors: Schlechtriem Peter 
Published: November 2023

Abstract
To submit a paper addressed to such a distinguished auditorium as I have to expect in a seminar of the Society of Public Teachers of Law is a daring and difficult enterprise. The topic of ‘Uniform Sales Law’ is especially difficult, because I am confronted with the problem of what exactly is expected of such a paper. It could not be a report on the contents of the UN-Convention, because the participants of this seminar can read the text of the convention themselves. Usually, in seminars on CISG there is a comparison of the provisions of CISG with domestic law, but this could not be my task here: A comparison of CISG with English law by a German law teacher would be preposterous, and a comparison with German law would be boring for most members of the auditorium.
The Condition of the Law of Tort
Authors: Cooke Sir Robin 
Published: November 2023

Abstract
Sir John Salmond-piety dictates that those be the opening words of a paper requisitioned from a New Zealand lawyer on the condition of the law of tort-wrote the preface to the sixth edition of his The Law of Torts in May 1923. It was the last edition published in his life-time. He began by saying that ‘For the most part the law of Torts is well settled, and such questions as arise relate in general to matters of supplementary detail’. Then he went on to outline ‘some unsolved problems of far-reaching significance .. .’ Some of these are hardly any nearer solution seventy years later. Their number has been much augmented by the work of the generations after Salmond. A diagnosis of the condition of the subject cannot be reassuring.
Some Reflections on Junior Books
Authors: Rodger Alan 
Published: November 2023

Abstract
For anyone who has been involved in a well-known case it is interesting to see how it is handled subsequently by the courts and by commentators. Of no case can that be more true perhaps than of Junior Books Ltd. v. Veitchi Co. Ltd. [1983] 1 A.C. 520, the speeches in which caused an uproar when they were handed down in late July 1982. The effect on practitioners in England and the Commonwealth was all the more dramatic since they had previously been unaware of the existence of the case. When the speeches appeared in the following Saturday’s Times there was consternation over the toast and coffee in many a barrister’s household, for the decision seemed to herald the end of much which was received and familiar. Eleven years later we know better, and the picture has been redrawn by the House of Lords along more familiar lines. Still Junior Books is worth at least another glance, not only because it has not yet been over-ruled (perhaps because their Lordships are waiting for a Scottish appeal) but also because it still features in discussions of some of the issues in the law of torts. Having been junior counsel for the unsuccessful appellants in the case, I would not feel free to criticise the decision. None the less I believe that I can properly comment on certain matters of fact and on the way in which the decision has been treated since 1982.
Scots and English Contract Laws
Authors: Mcbryde W W 
Published: November 2023

Abstract
There has often been a tension between Scots and English law, although any discomfort has tended to be on the side of the smaller partner. The Union of 1707 occasionally gives rise to arguments, but one suspects in Scotland more than in England. I do not know the extent to which English lawyers contemplate the Acts of Union but Scots lawyers have from time to time argued about whether the Queen is Elizabeth the Second or the First or whether or not it was ‘for the evident utility of the subjects within Scotland’ and a contravention of an Act of Union to have the Community Charge or E.E.C. rules on fishing.