bluuebunny/crossref_metadata_2025_split huggingface dataset:
Arbitration Extra Legem?
Authors: Mann F A 
Published: November 2023

Abstract
On the Continent it has always been possible for contracting parties expressly to authorize arbitrators to decide ex aequo et bona, according to their views of fairness and equity, as ‘amiables compositeurs’. In England, on the other hand, the impression has prevailed that such a clause had to be disregarded. Either it is invalid (and possibly renders the contract as a whole unenforceable), because it indicates an intention not to create legal relations: cf. Rose and Frank Co. v. J. R. Compton & Brothers Ltd. [1925] AC 445. Or it has to be construed as a badly drafted, but effective arbitration clause including some unnecessary words that can be ignored. Both alternatives were considered by Megaw J (as he then was) in Orion Compania Espanola de Seguros v. Belfort Maatschappij Voor Algemene Verzekgringeen [1962] 2 Lloyd’s Rep. 257.
Anglo-American Legal Harmony
Authors: Mann F A 
Published: November 2023

Abstract
A Recent decision of the Supreme Court of the United States has made so important a contribution to international commercial law in general and to Anglo-American legal harmony in particular that it should shortly be noted in the pages of this Review. In MIS Bremen and Unterweser Reederei GmbH v. Zapata Off-Shore Co. 407 US 1 (1972), the court by a majority of eight, Douglas J dissenting, established the principle that in the words of Mr Chief Justice Burger, forum-selection clauses ‘are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be “unreasonable” under the circumstances’. In 1967 the petitioners, a German corporation, undertook to tow a drilling rig belonging to the respondents, an American corporation, from Louisiana to the Adriatic Sea. The contract included the clause: ‘Any dispute arising must be treated before the Lo
Fiscal Matters as Civil Matters
Authors: Mann F A 
Published: November 2023

Abstract
BY sections 1(1) and 9(1) of the Evidence (Proceedings in Other Jurisdictions) Act 1975 an English court is given power at the request of a foreign court to make an order for the taking of evidence if the proceedings pending abroad relate to ‘any civil or commercial matter’. It is not the character of the foreign proceedings, but that of the ‘matter’, i.e. of the issue or the cause of action arising in them, that falls to be considered for the purpose of making an order under section I.
A Post-Calvinist Catechism or a Post-Communist Manifesto? Intersecting Narratives in the South African Bill of Rights Debate
Authors: Chanock* Martin 
Published: November 2023

Abstract
In Wajda’s film Danton we are shown Robespierre’s son, a small boy in his bathtub, learning the new Declaration of the Rights of Man by rote. Each time the young boy falters in his recitation, he is punished. The ironies in these images come to mind when the nature of South African legal discourse over the past decade is considered.
Introduction
Authors: King Rov D , Maguire Mike 
Published: November 2023

Abstract
This volume was conceived at the time of Lord Justice Woolf’s inquiry into the riot at Strangeways prison in Manchester (Home Office 1991). It was anticipated- judging from the tenor of the public seminars which formed part of the inquiry-that Woolf would move well beyond the investigation of immediate events, eschewing the search for scapegoats and troublemakers, and seek to put what happened in Strange ways and the several other riots that occurred in its wake into a broader context. In the event those expectations were amply rewarded. In marked contrast to Mr Justice May’s inquiry 12 years earlier (Home Office 1979), which had been predicated upon the unruliness of staff, Woolf managed to open out the questions surrounding the behaviour of people in prison into a fundamental re-examination of the structures on which relationships are based--not just internally within the prison system but externally in regard to the rest of the criminal justice apparatus.
Russian Prisons After Perestroika
Authors: King* Rov D 
Published: November 2023

Abstract
At the opening of the International Conference on Penal Reform in Former Totalitarian Societies held in Moscow in November 1992, Boris Zolotukhin, Deputy Chairman of the Legislative Commission of the Russian Supreme Soviet and a member of the Moscow Helsinki Group claimed that ‘reform of the penal system is going on better than other reforms in Russia ... and that any unprejudiced observer would appreciate that the legislative body has started the process of self-limitation within the constitution’. There can be little doubt that some progress has been made towards what academician Vladimir Kudryatsev (1989) called the Socialist Rule-of-Law State: but in the three years since he wrote, progress has been less fast and more patchy than the optimists had hoped.
The Growth of Imprisonment in California
Authors: Zrmring Franklin E , Hawkins* Gordon 
Published: November 2023

Abstract
This article reports on a study of trends in imprisonment in the state of California over the period 1980-91. Documenting and analysing imprisonment in California is important to an international audience for two reasons. First, the pattern in California since 1980 is representative of a widespread trend in the United States of expansion in the scale of the prison enterprise. At least 90 per cent of American states are currently imprisoning offenders at a higher rate than at any other time in the twentieth century. The unprecedented expansion in California prison population is part of this pattern; and studying events in California is one approach to comprehending developments and conditions in most American states.
Sentencing Reform in Victoria: A Case-Study
Authors: Freiberg Arie 
Published: November 2023

Abstract
When, in the dying hours of the autumn parliamentary session of 1991 the Sentencing Bill finally emerged from a tortuous passage through the legislature to become the Sentencing Act 1991 (Vic), it culminated over a decade of sentencing reform in Victoria. That period had seen three major revisions of sentencing legislation representing Victoria’s efforts to grapple with the ubiquitous problems confronting the common law world, identified variously as discretion, disparity, desert, severity, and veracity. These issues dominated the sentencing agenda in Australia during the 1980s, and although many originated in the international social and intellectual currents which profoundly influence Australia, they were nourished by a widespread dissatisfaction with the effectiveness of the sentencing process and exploited by sections of the media for whom the responsibility for the decline of civilization as it knew it could be placed at the door of the criminal-justice system.
The Nature of the Employment Relationship in International Organizations
Authors: Amerasinghe C F 
Published: November 2023

Abstract
A Preliminary question of some importance is what is the basis of the relationship between staff members and the international organizations for which they work. The answer to this question will be relevant to a number of issues. For example, if the basis of the relationship is contractual, the employment relationship will commence on the conclusion of a contract, generally as a result of an offer and an acceptance; while, if the relationship is a status, the employment relationship would be created by an unilateral act of authority on the part of the employer. The difference between the conclusion of a contract and an act of authority will emerge more clearly as the analysis proceeds. Another difference resulting from the distinction between a contractual relationship and a statutory one is that subsidiary agreements and the circumstances of employment may be relevant to determining the terms and conditions of employment in the case of the former, while these may have a much more limited or no relevance to a statutory appointment. There are some other differences which will emerge and have to be examined as the discussion evolves. Suffice it to say here that for a number of reasons it may be necessary sometimes to establish in the case of any international organization what the basis of the employment relationship is.
Judicial Precedents
Authors: Amerasinghe C F 
Published: November 2023

Abstract
General principles of law or principles of international law have been applied by international administrative tribunals upon their own initiative to the employment relationship in international organizations. As a consequence these tribunals have often supported their decisions based on such principles by citing precedents which may be their own previous judgements or those of other tribunals or courts. There may also be cases in which a tribunal supports its interpretation or application of the written law of an organization by reference to one of its earlier judgments in which the same or a similar law has been interpreted or applied. But in both situations judicial precedent cannot as such be considered a source of law. It is the general principle of law-the principle of international law or of the written law referred to in the precedent-that is the real source of law. In any case judicial precedent cannot be regarded as a legislative source of law as such, apart from its authority in introducing general principles of law or interpretations. As was clearly stated by the LNT in its very first judgment, the tribunal would have exceeded its competence if it had legislated on Staff Regulations rather than decided disputes between the staff and the organization.
Jurisdictional Competence
Authors: Amerasinghe C F 
Published: November 2023

Abstract
General principles of law or principles of international law have been applied by international administrative tribunals upon their own initiative to the employment relationship in international organizations. As a consequence these tribunals have often supported their decisions based on such principles by citing precedents which may be their own previous judgements or those of other tribunals or courts. There may also be cases in which a tribunal supports its interpretation or application of the written law of an organization by reference to one of its earlier judgments in which the same or a similar law has been interpreted or applied. But in both situations judicial precedent cannot as such be considered a source of law. It is the general principle of law-the principle of international law or of the written law referred to in the precedent-that is the real source of law. In any case judicial precedent cannot be regarded as a legislative source of law as such, apart from its authority in introducing general principles of law or interpretations. As was clearly stated by the LNT in its very first judgment, the tribunal would have exceeded its competence if it had legislated on Staff Regulations rather than decided disputes between the staff and the organization.
Remedies in the ILOAT
Authors: Amerasinghe C F 
Published: November 2023

Abstract
As already seen in Chapter 26, the Statute of the ILOAT is different from that of the UNAT and of the WBAT in regard to its treatment of the power to grant remedies. Article VIII of the Statute gives the tribunal power to rescind the impugned decision or to order the performance of the obligation in issue. Compensation is to be awarded, if rescinding of the decision or execution of the obligation is not possible or advisable. No power is specifically given to award compensation in addition to rescinding a decision or to compensate an applicant where a decision is valid, whether or not inequities have occurred, or to remand a case for correction of procedure. How the tribunal has interpreted its statutory power to grant remedies, however, is a different matter. In fact, as will be seen, the ILOAT has not only rescinded decisions and ordered specific performance or awarded compensation where rescission is considered impossible or inadvisable but has granted remedies in a manner not specifically referred to in the Statute.
Technical Regulations and Standards
Authors: Eeckhout Piet 
Published: November 2023

Abstract
Policies relating to technical regulations and standards are of key importance to the internal market programme.’ Not only do the measures adopted in this field represent a majority of the overall number of 1992 measures. Leaving aside quantitative restrictions, technical regulations and standards have long been considered to be the non-tariff trade barrier par excellence, which is perhaps best evidenced by the large body of case-law of the Court of Justice on Article 30 of the EC Treaty. As the internal market programme is essentially about doing away with trade barriers, distortions caused by the different national regulatory regimes governing the characteristics of products, their packaging, marking, labelling, or testing, have been made a clear target. Moreover, action in the field of technical regulations and standards is un doubtedly also critical for one of the underlying aims of the 1992 programme, which is to strengthen the technological base of the European industries, in order for them to become more competitive on world markets. Standards can embody leading-edge technologies and, as such, are able to play a major role in global competition.
Conclusions
Authors: Eeckhout Piet 
Published: November 2023

Abstract
The above analysis shows that the external dimension of completing the internal market in the field of trade in goods and services is a subject with many facets, even if looked at ‘merely’ from a legal perspective. Moreover, it is a subject which is in constant evolution, making the target of this study a moving one. Within the next couple of years, it may perhaps be said that this target has been completely missed. Be that as it may, an attempt has been made to expose the more general questions which the external dimension of the internal market programme raises. ‘Questions’ is indeed the right word, since this is a field in which few definitive answers have as yet been given. This study can therefore amount to no more than a status quaestionis.
Copyright, Compulsory Licensing and EC Competition Policy
Authors: Anderman Steve 
Published: November 2023

Abstract
The Magill TV listings case serves as a sharp reminder to copyright holders of the potential second tier of regulation of their intellectual property rights provided by EC competition law. In addition to the possible restrictions on exclusivity imposed by copyright legislation, there is now an additional risk of compulsory copyright licences created by the judicial and administrative interpretation of the competition laws under the Treaty of Rome.
Libel Law
Authors: Shillito Richard , Barendt Eric 
Published: November 2023

Abstract
Dissatisfaction with the law of libel has been prevalent for some time. Critics have pointed to three areas in particular as requiring reform. First, they have said that rules of pleading in libel actions are unnecessarily arcane and that the interlocutory process is unduly complex. Secondly, it is said that awards of damages are out of proportion to the loss suffered. One consequence is that defendants have in general thrown more legal resources into litigation, which in turn has increased the costs penalty for the unsuccessful litigant. A third criticism is that the balance between plaintiff and defendant, both procedurally and in relation to the burden of proof, may be tilted too far in the plaintiff’s favour. (The suggestion that, perhaps, the burden of proof ought to be reversed and placed on the plaintiff has gained increased respectability, though it has not convinced everyone.) An important incidental effect of these deficiencies in the law, say critics, is that recourse to law is too complex and expensive. The result is that, at one extreme, the impecunious plaintiff may be deprived of a remedy and, on the other hand, with so much at stake financially for the unsuccessful defendant, the law may fetter freedom of speech.
Annual Survey: Media Reporting Restrictions
Authors: Qc Andrew Nicol , rogers heather 
Published: November 2023

Abstract
A fundamental principle of common law justice is that it is administered in public. As the House of Lords said in 1913, ‘Every court in the land is open to every subject of the King’.1 This means not only freedom of access but also freedom to report what is said in court. Neither the right of access nor freedom to report is absolute and the qualifications, both statutory and common law, have been heavily litigated in recent years. Cases involving children have been particularly contentious. In the Family Division, county courts, and magistrates’ courts hearing civil cases concerning children Lord Halsbury’s dictum is only a faint echo. As a result of a multiplicity of statutory provisions and rules of court, such cases are almost invariably heard in private and the reporting of their proceedings is effectively prohibited
Broadcasting and Cable Services
Authors: Ballard Tony 
Published: November 2023

Abstract
During 1994 the implementation of the Broadcasting Act 1990 continued with the announcement of the invitation to apply for the Channel 5 licence in television and the award of the third national licence in radio, but against a background of increasing pressure for reform. This pressure reflects the changing nature of the broadcasting market on two fronts: the increasingly international ambitions of the major broadcasters and the effects or, rather, the expected effects of digital delivery techniques. Added to this is a growing awareness of the need for competition issues to be adequately addressed.
Legal Developments in Multimedia in 1994
Authors: Sherwood-Edwards Mark , Dickens Julian 
Published: November 2023

Abstract
‘Multimedia’ is one of those chameleon words that has the uncanny ability to mean all things to all men, but over the course of the last year its meaning has undergone a substantial shift: previously reserved more or less exclusively to off-line media, such as CD-ROMs and other forms of optical disk, it is now also used in two much broader senses: first, to mean the convergence of the traditional media being brought about by the increasing spread of digital technology; secondly, to mean the ability to deliver interactive, highly visual content to the consumer by online means (such as telephone networks, cable networks, and so on).
Errare Humanum Est
Authors: Weir Tony 
Published: November 2023

Abstract
When Lord Agamemnon and King Menelaus and even the wily Odysseus had had their say, before the captains and the kings departed, a lowly commentator stood up. He made some disobliging observations and was soundly thrashed for it. Thersites got what he deserved. He spoke out of turn. By contrast (I hope) the role of commentator is one for which I have been fingered by our genial animator: it is not a responsibility voluntarily assumed, though whether that makes much difference these days is perhaps not very clear.
Composition Of The Government
Authors: Brazier Rodney 
Published: November 2023

Abstract
Countries which have had the advantage of introducing new constitutions have had to construct new departments of state to fulfill governmental functions. They have invariably given the political heads of those departments rather prosaic titles. such as Minister of Finance, Minister of Foreign Affairs. and so on. The British sys tem of government, however, is very much older than most, and has never been subjected to comprehensive reform. It is not surprising, therefore, that every British Government contains certain individuals who hold offices which are of great antiquity. Some of those offices are of less importance than they once were; others have come to be of central political importance. The object here is to provide a sketch of the development of those offices, followed by consideration of the development of the modem Cabinet.
Preparing For Office
Authors: Brazier Rodney 
Published: November 2023

Abstract
Before a politician can become a Minister his party must be in government or win power from the government. Accordingly, this Chapter is concerned with the ways in which a political party while in opposition prepares itself for office. In doing so it will examine the collective structures through which an opposition party resists the government of the day, and in doing so hopes to hasten its demise.1 By contrast the next chapter will be centred on the personal position of individual politicians who may be candidates for ministerial office, and will look at qualifications which are either necessary or helpful, and at disqualifications which may thwart them.
Conflicts Of Interest
Authors: Brazier Rodney 
Published: November 2023

Abstract
It was noted in an earlier chapter that some private financial interests possessed by Ministers (or potential Ministers) can disqualify them from ministerial office. This Chapter investigates much more fully the rules which seek to prevent Ministers being faced with conflicts of financial or other interests. There has been much public disquiet over the past decade or so that standards of conduct in public life have fallen sharply, and that some members of the Government, some MPs, and some others in public service have allowed a climate of sleaze to develop. In so far as those worries have been about ministerial misconduct of a sexual or political nature, they will be looked at in a later chapter. 2 This Chapter is concerned with financial interests a d the ways in which Ministers are enjoined to keep separate their private financial affairs and their public duties. The Chapter will begin with a brief look at the attempts which have been made over the years to maintain the propriety of Ministers’ financial conduct. It will then consider the general principles which Ministers are required to follow to that end, and will go on to examine in detail the main areas of potential conflict of financial interests which may face them, It would be unfair to expect a new Minister on joining the Government to sell all his investments so that his decisions in office would be taken without thoughts of personal gain; but Ministers cannot avoid making decisions which affect industry, commerce, and occasionally the financial markets, which in tum will affect their personal finances.
Ministers And The Law
Authors: Brazier Rodney 
Published: November 2023

Abstract
One way or another the law impinges daily on the work of Ministers. Their con tact with legal matters is crucially important to the constitutional position of Ministers, and four chapters will be devoted to analysing it. To put matters at their lowest, judges limit-quite properly, as part of their constitutional functions-what Ministers can achieve across the whole range of public policy, and the rights and duties of Ministers in relation to the law are accordingly of overarching practical significance for Ministers. Some Ministers have a direct departmental responsibility for aspects of the law or the legal system all Ministers are concerned with the constitutional relationship between the Government and the judges: those matters will be considered in this Chapter.1 Ministers have to oversee the translation of their policies into legislation, a process which will form the basis of Chapter 11. The legal powers enjoyed by the Government by virtue of the royal prerogative are analysed in Chapter 12.