bluuebunny/crossref_metadata_2025_split huggingface dataset:
Recognizing Existing Rights and Crafting New Ones: Tools for Drafting Human Rights Instruments for People with Mental Disabilities
Authors: Rosenthal Eric , Sundram Clarence J 
Published: November 2023

Abstract
After years of neglect, there is now a growing interest in drafting new domestic and international human rights laws to protect the rights of people with intellectual and other disabilities. In April 2000, the UN Human Rights Commission adopted Resolution 2000/51 calling for increased international attention to the rights of people with disabilities. The resolution called on governments to improve their own reporting to the UN oversight bodies on the enforcement of rights under current UN human rights conventions, and it called for more active monitoring by UN agencies. On 19 December 2001, the UN General Assembly adopted Resolution 56/168. This historical resolution initiated a formal UN process for drafting a specialized convention on the rights of people with disabilities. Resolution 56/168 did not commit governments to supporting a new convention, but it created an Ad Hoc Committee ‘to consider proposals’ for a convention ‘to promote and protect the rights and dignity of persons with disabilities’. The General Assembly also asked the Ad Hoc Committee to consider the results of a forthcoming study examining the effectiveness of existing human rights conventions and treaty monitoring bodies in protecting the rights of people with disabilities.
Recommendations for the United Nations and International NGOs
Authors: Slye Ronald C 
Published: November 2023

Abstract
At the conclusion of the conference, Should Difference Make a Difference (Yale Law School 1995, see Preface), participants from all corners of the globe recommended courses of action to improve the awareness, protection, and promotion of the rights of persons with intellectual disabilities. Recommendations were created out of three working groups focused respectively on developed countries, developing countries, and the United Nations (‘UN’) and international non-governmental organizations (‘NGOs’). Eric Rosenthal and Clarence Sundram outline the recommendations for developing countries (see Chapter 18 of this volume). Here, I briefly highlight the recommendations that were made to the UN and international NGOs. These recommendations were made in March 1995. Since that time, some progress has been made on a few of them, while others still require much more work.
Italy
Authors: Dallera Giuseppe , Vagliasindi Maria , Vagliasindi Pietro 
Published: November 2023

Abstract
Comparing Italy with other major countries-even only European partners-it is evident that the diffusion of the so-called ‘new media’ and the development of multimedia has been very slow.1 In 1996, despite the uncertain economic situation, the information and communication technology (ICT) market in Italy increased by 7.8 per cent; a good achievement when compared with 7.2 per cent for the EU.2 The most impressive progress relates to telecommunication (TLC) growing at 10.6 per cent, far above the world-wide rate of 3.6 per cent-coming to over £17 billion, while IT has been growing at 4.3 per cent reaching £10 billion, and office products have decreased by 1.2 per cent, maintaining around £1 billion.
Hungary
Authors: Kovats Ildiko 
Published: November 2023

Abstract
criticism of the exclusive concession granted to the Hungarian Telecom company Matav following the ending of the state monopoly telephone service in 1993; fierce competition, mergers and strategic alliances as industry prepares for deregulation of telecommunications within the European Union; recognition of the need for an integrated telecom infrastructure and a fight for dominance of such a structure between telephone, cable, and broadcasting companies; the emergence of commercial radio and television stations and a proliferation of channels, most recently pay-TV and a satellite channel following the establishment of the legal preconditions for independent broadcasting; and the emergence of commercial Internet services.
The United States
Authors: Johnson Peter 
Published: November 2023

Abstract
The last decade in the US has been one of increasing technological convergence in the face of continuing regulatory Balkanization. Under the regulatory regime that existed prior to 1996, neither broadcast TV stations nor telephone companies (telcos) could offer cable TV in their local markets. Likewise, cable companies were prohibited from offering telephony. Except in some major markets, nobody but the local telco could offer local phone service, but the telco itself could not supply long-distance phone service or manufacture telephone equipment. Power companies could offer neither phone nor TV service. By the early 1990s, however, it was evident that communications technologies had so many points of similarity that artificially keeping them apart made no sense.
Australia
Authors: Armstrong Mark , Jordan Trevor , Hudson Michael 
Published: November 2023

Abstract
The current trends in Australia are similar to those throughout the developed world. They include liberalisation, internationalisation, and increasing reliance on competition law to resolve communications, and information industry issues. The main features of the Australian environment are: a very pragmatic policy environment, free of expressed theories and ideologies; the role of distance, both within Australia and in communication with the rest of the globe; a strong emphasis on local media content and a stated reliance on market forces.
Lotteries, Competitions, And Amusements
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
Although lotteries are regulated by a considerable body of legislation, there is no statutory definition of a lottery. Whether an activity constitutes a lottery is there- fore to be determined by the common law. Case law has established that a lottery is a scheme for distributing prizes by (and only by) lot or chance.If, therefore, competitors can enhance their chances of success by the use of skill, the scheme cannot be a lottery.
Two Paths to Enlightenment: A Two-Track Approach to Regulation
Authors: Gunningham Neil , Johnstone Richard 
Published: November 2023

Abstract
Most regulatory agencies have very considerable discretion in how they choose to operate. This Chapter explores ways of using this administrative discretion to best advantage, to develop innovative, efficient, and effective regulatory strategies. In particular, we examine the implications of adopting a ‘two-track’ approach to regulation. We argue that enterprises should be offered a choice between a continuation of traditional forms of regulation on the one hand (Track One), and the adoption of a SMS on the other (Track Two). The latter will put primary responsibility on employers and workers themselves to find optimal means of reducing occupational injury and disease subject to government and third party oversight, and will involve a partnership between the agency and the enterprise, from which both sides will benefit. However, even in respect of conventional regulation (Track One), we argue that there is scope for considerable effectiveness and efficiency gains, through appropriate regulatory redesign.
The Top of the Enforcement Pyramid: Rethinking the Place of Criminal Sanctions in OHS Regulation
Authors: Gunningham Neil , Johnstone Richard 
Published: November 2023

Abstract
In Chapters 2 and 3 we examined issues pertaining to the design of OHS regulatory standards, particularly the development of systems-based standards. We suggested that enterprises might be encouraged to adopt systems-based approaches to improve their OHS performance through a combination of codes of practice setting out the fundamental principles of such an approach, and a range of administrative, public relations, and other incentives. Some of these incentives touched upon matters relating to the types and severity of sanctions which might be imposed upon offenders who are found to have contravened the obligations set out in OHS statutes.
Bigger Sticks: Tougher and more Flexible Sanctions for OHS Offenders
Authors: Gunningham Neil , Johnstone Richard 
Published: November 2023

Abstract
We began the previous Chapter with a discussion of the purposes of OHS prosecutions at the top of the enforcement pyramid. We concluded that the principal rationale is general deterrence, an instrumentalist, consequentialist, and utilitarian rationale which requires punishment for OHS crime to outweigh the calculated benefits of the crime to those who commit the crime. Deterrence is measured by the likelihood of an OHS duty holder being inspected, prosecuted, and convicted, and the average penalty imposed. We argued that deterrence would be most effective if at the top of the pyramid courts could impose sufficiently large penalties to demonstrate to individual duty holders that punishments outweigh the benefits of OHS crime. we observed that there were theoretical and empirical reasons for suggesting that deterrence would not work for all corporate OHS of icnders, particularly when punishments were confined to financial penalties.
Sectoral Instruments
Authors: Evans Andrew 
Published: November 2023

Abstract
Sectoral instruments may be created as integral elements of common policies for which the EC or ECSC Treaty provides an express basis. They may also be created as responses in Union practice to the needs of ‘growth’ sectors or the problems of declining sectors, such as oil refining3 or wool production. Indeed, in October 1978 the Commission presented the Council with a proposal5 to assist the restructuring of undertakings in any sector where the Council considered assistance appropriate.7 If the employment situation in the region of an undertaking being restructured was sufficiently serious and if jobs had not been found for the labour made redundant, assistance could also be granted for conversion to other sectors. The assistance envisaged could take the form of investment grants or interest rebates on loans.9 However, this proposal was not accepted by the Council.
Designing Environmental Policy
Authors: Gunningham Neil , Grabosky Peter , Sinclair Darren 
Published: November 2023

Abstract
Threats to the environment take many forms. They range from global issues, such as ozone depletion and the enhanced greenhouse effect, to localized matters, such as point-source pollution, toxic waste disposal or agricultural chemical run-off. Just as the causes of major environmental problems are many and various, so too are their solutions. From this we conclude that strategies to address environmental degradation are context-specific. What sorts of policies work will be highly dependent upon the characteristics of the environmental issue under consideration. AB a result, it would be futile to attempt to construct a single optimal regulatory solution that would be applicable to a wide variety of circumstances. Moreover, there are so many possible permutations of instrument and institutional interactions as to make the task of producing a general causal model of relationships between the multiple variables impractical even if problems of context specificity were overcome.
Perspectives on Causation
Authors: Stapleton Jane 
Published: November 2023

Abstract
In this essay I offer a new understanding of the nature of causation and of the nature of legal disputes about causation in particular. Contrary to traditional rhetoric, most of these disputes centre not on a dispute of fact but on competing perspectives on agreed facts. Of the various factors that can affect a person’s choice of perspective in the context of private and criminal law, notions of individual responsibility are central. Legal analysis, particularly in judgments, should confront this phenomenon explicitly. The essay ends by proposing an analytical approach that would facilitate this.
On the Irrelevance of Motive in Criminal Law
Authors: Horder Jeremy 
Published: November 2023

Abstract
Most commentators on the criminal law agree that, with some odd exceptions, motive is generally irrelevant to the criminal law.2 This general ‘rule’ is, however, misleadingly stated. The criminal law is a normative system, a system determining, for the most part, what we ought not to do. That fact inevitably involves the law in selective consideration of the reasons for which we acted. This is simply because whether someone ought not to have done something can turn on the reasons for which they did it.3 Accordingly, putting aside cases of strict liability, wrongdoing is not treated as criminal if done for justifiable or wholly excusable reasons for so acting, even if the range of such reasons is legally very limited. Motives are reasons for action. So, in instances where wrongdoing is only criminal when done for unjustified or inexcusable reasons, some motives-those concerned with justifiable and excusable reasons for action-must, at least in principle, be relevant to liability.
Marshalling Of Securities And The Rights Of Unsecured Creditors
Authors: Ali Paul A U 
Published: November 2023

Abstract
Under English law, unsecured creditors do not have the right to marshall: a creditor who is seeking access to the security held by a senior creditor of a debtor must, itself, be a secured creditor of that debtor.1 Recent developments in the United States of America have attacked the validity of these two principles. The trustee in bankruptcy of the common debtor has been permitted in the United States to marshall the senior security on behalf of unsecured creditors. In addition, the United States courts have permitted unsecured creditors to prevent a junior creditor from marshalling the senior security on the grounds that marshalling would prejudice them. This chapter considers whether these United States developments are capable of being sustained under English law.
Private Enforcement of Competition Law
Authors: Yeung Karen 
Published: November 2023

Abstract
UK competition law has been criticised on various grounds, including the absence of effective means by which private litigants can seek redress through the courts for harm caused by anti-competitive conduct.1 One of the features of the Government ‘s Competition Bill is to confer on those injured by unlawful anti-competitive conduct the right to seek compensation from the perpetrator. The aim of this paper is two-fold: first to examine what, if any, role private actions should play in the enforcement of competition law; and secondly to evaluate the role ascribed to private enforcement under both existing UK competition law and the reform proposals currently before Parliament.
Regulation and Judicial Review: Perspectives from UK and EC Law
Authors: Craig Paul 
Published: November 2023

Abstract
Regulatory competence over any particular substantive area may lie with the nation state, with the EC, or it can be shared between the two. The object of this paper is not to examine the principles which serve to demarcate such competence, nor will any comment be offered on the overall rationality of the present divide. It is rather to consider the implications of the allocation of regulatory power for judicial review and legal account ability. To this end the paper will examine the extent to which the allocation of regulatory power has an impact upon specific topics within judicial review. The inquiry will be explicitly comparative in nature. This is reflected in the arrangement of the material which follows. There will, for example, be a comparative analysis of standing in domestic and Community law and this same format will be applied to the other topics which are dealt with in the paper. It would clearly not be possible to give a detailed examination of all such topics. Such a study could easily occupy a book. The discussion will, nonetheless, focus attention on the principal areas where the allocation of regulatory competence to the state or the Community leads to differences in the application of judicial review.
Transparency, Consistency and Predictability as Regulatory Objectives
Authors: Q.C. John Swift 
Published: November 2023

Abstract
In announcing the Government ‘s review of utility regulation on 30 June 1997, Margaret Beckett, President of the Board of Trade, set out the objectives for the review as follows: The Government ‘s objective for the review is to set a long-term stable framework for utility regulation which is seen as fair by all interest groups involved, particularly by consumers. Without fairness, there can be no long term stability. We want the regulatory framework to deliver value, quality and choice to consumers while providing incentives to managers to innovate and improve efficiency. The guiding principles must be transparency, consistency and predictability of regulation.
Regulation of Price Discrimination and Predation by Dominant Firms: Lessons from the Ofgas ValuePlus Decision
Authors: Ridyard Derek 
Published: November 2023

Abstract
The new competition laws will apply to all UK industry, including the regulated utilities, and these twin developments raise some interesting questions. Once the new competition law is in place, will the specialist utility regulators allow competition in their markets to develop naturally, free from the costs and deadening influence of hands-on regulation? And will the new competition laws guarantee that competition in the energy sup ply market will lead to more efficient economic outcomes? The early skirmishes in the trial areas for competition in the domestic gas market provide some useful clues to the answer to these questions. So do the words and actions of other utility regulators such as Oftel, for whom the need to cope with dominant firm pricing issues is less of a novelty. Moreover, since the new prohibition-based approach to law against dominant firm abuse will have general application throughout the economy, the decisions adopted by the specialist regulators will have wider application for other market-leading firms in unregulated sectors.
Can Competition Law Supplant Utilities Regulation?
Authors: Grenfell Michael 
Published: November 2023

Abstract
Two current developments are removing much of the raison d ‘etre of the utilities regulation regime established in the UK over the past 15 years. They are, first, the extension of competition in the regulated markets and, secondly, the coming of new UK competition legislation which will act as an effective deterrent to abuses of market power and anti-competitive arrangements. These developments will make it less necessary to maintain regulatory controls to prevent abuses of market power in the utility sec tors. However, there will remain a number of functions of utility regulators which neither market competition nor competition laws can replicate in particular, “social “ functions such as ensuring that utilities serve unprofitable rural communities and that disadvantaged sections of the population are protected. Consequently there will still be a need for some form of utility regulation. There may nevertheless be a case for changing the formal structure of the regulatory regime to reflect the new developments.
Efficient Regulation of the Securities Market
Authors: Lindsey Richard 
Published: November 2023

Abstract
Modem securities markets bring together more buyers and sellers than any markets in the past. They fuel growth in the world economy by allowing entrepreneurs to raise capital. They allow investors to participate in that entrepreneurial risk-taking and, as a result, participate in the returns associated with those risks. In short, modern securities markets provide for efficient capital formation and allocation in the economy.
The Development of Legislative Controls
Authors: Haley Michael 
Published: November 2023

Abstract
In the modern and purposive age of statutory interpretation, the antecedents of 1.01 legislation, Hansard, government Green and White Papers and other official pub lications (such as Law Commission Reports) have become crucial. As Lord Griffiths demonstrated in Pepper v Hart: The days have long passed when the courts adopted a strict-constructionist view of interpretation which required them to adopt the literal meaning of the language. The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted.
Individual Mobilization and Collective Action
Authors: Tilly Charles 
Published: November 2023

Abstract
The scholarly literature on popular collective action contains plenty of good descriptions and numerous general models, but leaves a gap between the two. Analysts who want to build serious theoretical foundations for the treatment of concrete social movements and real revolutions must work with defective theoretical apparatus, while theorists who start with models must adopt simplified, conventional accounts of well-known events, without developing new insights into the events. While our theories will always gain from new, insightful descriptions, at present we have a greater need for superior models and theories.
American Higher Education: ‘Exceptional’ or just Different?
Authors: Trow Martin 
Published: November 2023

Abstract
In this chapter I would like to discuss some differences between the systems of higher education in the United States and those of other advanced industrial societies. Obviously, there are great difficulties in generalizing to the whole of western Europe and Japan. (I exclude discussion of East European countries since their assumptions regarding the role and functions of education have until recently been fundamentally different from those in the West.) And any generalization to the educational systems of societies as different as Sweden and Japan, Italy and Great Britain, are necessarily very broad and inevitably distort the picture of any particular system. Nevertheless, taken together, the higher education systems of Western Europe and their outposts elsewhere in the world (including Japan) differ enough from that of the United States to throw into bold relief the ‘exceptionalism’, the uniqueness, of the American system.
‘Shamanism’ in Twentieth-Century History
Authors: Humphrey Caroline , Onon Urgunge 
Published: November 2023

Abstract
By now readers may be wondering about the almost perversely archaic content of the shamanic materials I have presented. Here were people in the 1920s and 1930s of this century, within reliable reportage-range of great revolutions and new ideologies. Cars, planes, radios, and telephones were not totally unheard of. Many people knew several languages. Daurs had taken part in wider regional struggles for autonomy from 1912 onwards, and later their leaders were involved in modern schemes to reorganize society along with the Chinese, Japanese, and Mongolians. Yet absolutely none of this appeared overtly in shamanic discourse.
France: National Champions in Search of a Mission
Authors: Cohen Elie 
Published: November 2023

Abstract
The Maastricht Treaty,1 which has included industrial policy amongst the functions of the Commission, the return to big industrial projects in France, the conclusions of the Bergsten commission,2 which were favourable to the defence of high technology companies, and the industrialist plea made by Business Week 3 are placing the question of industrial policy and notably the role of ‘national champions’ back on the agenda. This agreement over the need for an industrial policy seems all the more enthusiastic since it refers to realities that are completely conflicting.