bluuebunny/crossref_metadata_2025_split huggingface dataset:
Private Law Aspects of Parents’ and Children’s Rights in Scotland
Authors: Thomson J M 
Published: November 2023

Abstract
This paper concentrates on those parental rights and children’s rights which have traditionally been categorised as issues of private law. In the last ten years or so, the Scots law in this area has been radically changed by legislation and further reform is anticipated: in addition, there has been a deluge of case law on the subject. This paper will attempt to summarise the most important of these developments. The paper is written from the standpoint of Scots law-the system with which I am most familiar and of which I have some knowledge. I hope this will be of interest to participants who do not have a Scottish legal background. However, I have tried to raise some fundamental issues of policy which must be addressed on both sides of the border. Moreover, in its Report on Family Law. The Scottish Law Commission has clearly been influenced by the Children Act 1989. As we shall see, the present writer has serious reservations in relation to some of these proposals: I therefore look forward to hearing from participants on how the Children Act 1989 is working in practice and whether my reservations have in fact any substance.
The European Internal Market and International Trade
Authors: Eeckhout Piet 
Published: November 2023

Abstract
This is a detailed and thoroughly-researched account of the legal aspects of international trade with the EC in the context of the completion of the internal market in the EC. It is a subject of immense practical importance in a world economy in which international trade, particularly in financial services, transport, intellectual property, and telecommunications, plays an ever increasing part. This book examines the laws affecting all these sectors offering a detailed treatment of those areas most frequently encountered in practice. As such it will be invaluable to all practitioners and specialists involved in EC and International trade law.
Financial Services and Reciprocity
Authors: Eeckhout Piet 
Published: November 2023

Abstract
In the sector of financial services, the aim of the internal market programme is to create a framework allowing financial products to circulate freely within the Community . The technique employed to achieve this is derived from the Community’s experience with liberalizing trade in goods between the Member States. It is based on the well-known principle of mutual recognition, implying that a Member State has to recognize, at least to some extent, the way in which other Member States regulate the production and putting on the market of products, as being equivalent to its own system of regulation. This leaves only those parts of the regulatory system which are essential for safeguarding certain ‘mandatory requirements’, such as consumer, environmental, and public health protection, to be harmonized at Community level.2 Such an approach is quite new with respect to services, and the financial sector clearly spearheads the efforts aimed at transposing this technique to services trade.
Making Rules Work
Authors: Baldwin Robert 
Published: November 2023

Abstract
Making rules work involves more than producing rules that are conducive to compliance. If the rules are not designed properly then even perfect enforcement and compliance with the terms of the rules may not lead to the results that are desired by legislators or those regulating in the public interest (e.g. safe factories, clean rivers). Misformulation may mean that the wrong standards of performance are induced. The wrong kinds of behavior may be targeted by misformulated rules so that either socially valuable activity is deterred or mischiefs that ought to be caught by the rules may escape them. Some rules may even be sidestepped and avoided without being broken. Effective rule-use demands both that compliance is produced and that compliance is linked to desired results.
The Discretion of the Prosecutor: An Introduction
Authors: Fionda Julia 
Published: November 2023

Abstract
Within any given criminal justice system, the prosecutor holds a number of multifarious and varied duties ranging from reviewing police files, and making dispositional decisions in respect of each case, through to conducting the case for the Crown or the State at trial. How each duty is carried out at any one time mayfeflect current criminal justice policy, or, indeed, determine it. Such is the unique, central, and pivotal position of the prosecutor in the structure of the criminal justice process that practice at that stage can have wide-reaching, reverberating effects on the decision-making practice of all other agencies throughout the process, both at the initial stages (that is, the police) and at the ‘back door’ of the system (that is, the courts, the probation service, and the prison service). Paul Rock has ex pressed these influences thus: ‘Independent interdependence is the weak force that binds the criminal justice system together’,1 and indeed, it is this interdependence which has elevated the central player in most (though not all) systems, the prosecutor, to such a position of importance in setting the boundaries of a coherent criminal justice policy, while upholding and respecting the hallowed independence of each agency.
The Dutch Openbaar Ministerie: The Kingpin Sentencers
Authors: Fionda Julia 
Published: November 2023

Abstract
Prosecutors in the Netherlands have always been recognized as import ant players in the field of criminal justice. Their influence is wide and their powers extensive in the determination of the penalty imposed upon an offender in any particular case; indeed, such is the effect of prosecution policy on other branches of the criminal justice system that Jan van Dijk was inspired to describe the prosecution service, Openbaar Ministerie, as the ‘spider in the web’ of the criminal process. Further, albeit within a smaller, more close-knit system than other European prosecution systems,1 Dutch prosecutors can, and do, have a much more clearly defined and open influence on the sentencing policy of judges.
Conclusion: Recognition and Reform of the Prosecutor’s Sentencing Role
Authors: Fionda Julia 
Published: November 2023

Abstract
The prosecutor’s direct and indirect roles in the sentencing process are undoubtedly expanding in each of the three mainland European jurisdic tions studied. However, the pace and direction in which these roles are developing in each country varies quite considerably, and is in proportion with the acknowledgement given to this role of the prosecutor. The degree to which the prosecutor’s sentencing role has progressed requires compar ison with each of those other jurisdictions, as well as with England and Wales. The rate at which these changes are occurring depends on the momentum for reform within each prosecution service and on the willing ness of other branches of each criminal justice system to respond to change. A highway analogy can usefully be employed to illustrate the speed and direction of developments in these jurisdictions.
Transnational Tort Litigation: An Overview
Authors: McLachlan Campbell 
Published: November 2023

Abstract
Neither the flow of commerce nor the incidence of potentially actionable harms confine themselves in orderly fashion within the arbitrary boundaries of states. National courts—created principally to regulate conduct within state borders—cannot apply parochial rules in seeking to resolve disputes which spill over those borders, nor are they usually content to do so. Determining the equities between the litigants takes precedence. A blinkered domesticity cannot see the courts fail to respond to transnational problems. The Chernobyl nuclear disaster stands as a graphic reminder (if one is needed) of the irrelevance of national boundaries in the context of transnational harms.
The Common Law Approach
Authors: Nygh Peter 
Published: November 2023

Abstract
The purpose of this chapter is to explain the theoretical basis upon which jurisdiction in personam rests in common law jurisdictions. In the course of the discussion, a distinction should be drawn between the Anglo-Commonwealth jurisdictions where, until recently, the law was strongly influenced by English precedent and authority, and the United States where the law, starting from a common base, developed along somewhat different lines. The latter will be described by Professor F. K. Juenger in his addendum in Chapter 3. It must also be remembered that the principles embodied in the Brussels Convention on Jurisdiction and Judgments in Civil and Commercial Matters 1968 and the parallel Lugano Convention 1988 have had a profound effect on the law relating to jurisdiction as between the United Kingdom and other contracting states, as well as between the constituent parts of the United Kingdom itself.
Defamation
Authors: Carter P B 
Published: November 2023

Abstract
The problem of jurisdiction to entertain actions for defamation could, albeit superficially, be seen as essentially no more than an example of the wider problem of jurisdiction to entertain actions in tort. Moreover, this latter could, in its turn, to some extent be seen as itself being but an aspect of the general problem of jurisdiction in any civil litigation. A concern of private international law in this area is the nature of, and the resolution of, the constituents of this hierarchy of jurisdictional problems in cases arising out of fact situations containing one or more significant foreign elements.
Securities
Authors: Houtte Hans van 
Published: November 2023

Abstract
In many legal systems regulations oblige companies to give adequate and correct information about take-over bids or about the issuing of new shares and they allow the authorities to sanction misrepresentation. However, take-over bid operations seldom concern only parties located in the same country. Very often the bidding company is a foreign company which intends to introduce itself into the domestic market by acquiring a local business. Moreover, shareholders who are invited to sell their shares to the bidding company, are often established outside the country where the company which is to be taken over (the target company) is located.
The Media and the Law
Authors: Neill Sir Brian 
Published: November 2023

Abstract
Before I begin I would like to say a word or two in tribute to Lord Goodman in whose name this series of lectures has been instituted.
Ever since the end of the War he has stood like a rock in the realm of public affairs. His help has been sought on countless occasions and on a great diversity of subjects by those who wanted guidance from a man of independent judgement with a mind of the highest quality. His advice has been wise, it has been clear and it has been delivered with refreshing vigour.
The European Content Requirement in the EC Television Directive-Five Years After
Authors: Witte Bruno De 
Published: November 2023

Abstract
The European Community Directive on ‘Television Without Frontiers’, adopted in October 1989,1 orders the EC Member States, among many other things, to ‘ensure where practicable and by appropriate means, that broadcasters reserve for European works
... a majority proportion of their transmission time, excluding the time appointed to news, sports events, games, advertising, and teletext services’. That provision, contained in Article 4 of the Directive, is often described as the ‘European quota rule’. It was among the most controversial when the Directive was adopted, and has remained so ever since.
The role of the Broadcasting Complaints Commission: Current Practice and Future Prospects
Authors: gibbons Thomas 
Published: November 2023

Abstract
The work of the Broadcasting Complaints Commission (BCC) is approaching a turning point. Regarded as a censor by the broadcasters and criticized for ineffectiveness by audiences, a fundamental review of its position has taken place. The result has been the Government’s announcement that it will be merged with the Broadcasting Standards Council. Yet the Commission has never been more interventionist in its relations with broadcasters, nor as vociferous in defence of its role. This chapter looks at the work of the BCC and assesses the prospects for its future role. It will be argued that it has not taken advantage of the opportunity afforded it to develop a set of principles for adjudicating on personal complaints about broadcasting, but that its function remains important and should be developed by the new body which replaces it.
The EC Directive on Rental and Lending Rights and Rights Related to Copyright and the Implications for the United Kingdom
Authors: stones Deborah 
Published: November 2023

Abstract
In June 1988, the European Commission set out its plans to harmonize aspects of copyright law across the European community in a ‘Green Paper on Copyright and the Challenge of Technology’. The motivation behind the ensuing programme of harmonization was to alleviate differences within the EC which might impede the achievement and proper functioning of the internal market. Strengthening rights within the EC in relationship to rights existing outside the Community (particularly in the context of the GATT/TRIPS discussions) may also have been a motivating factor. The Rental and Lending Directive is therefore part of a wider programme undertaken by the Commission which covers the legal protection of computer programs and databases, satellite broadcasts, and cable retransmission, and the term of protection of copyright.
The Music Industry in 1994
Authors: Ware James , Zeffman David , Baker Clare , Enser John 
Published: November 2023

Abstract
1994 has seen pulls on the music industry from all directions. In particular, the industry’s legal framework has been shaken by indepth investigations by the Monopolies and Mergers Commission (MMC) and by the ramifications of important new EC legislation relating to copyright and other rights.
The United Kingdom Perspective on the International Covenant on Civil and Political Rights
Authors: Mcgoldrick Dominic , Parker* Nigel 
Published: November 2023

Abstract
This Chapter seeks to assess the role of the United Kingdom in relation to the ICCPR from various perspectives. It is directed to the broader dynamics of the State-International Organization relationship rather than to the implementation by the United Kingdom of the specific rights in the Covenant. An attempt is also made to put the United Kingdom’s position in relation to the Covenant in the more general context of its attitude to, and influence on, the development of international human rights promotion and protection.
Rights in the Administration of Justice
Authors: Bailey Stephen 
Published: November 2023

Abstract
The ‘right to a fair trial’ potentially encompasses both the civil and criminal justice systems in the United Kingdom. However, it is the administration of criminal justice that calls for particular scrutiny, for two reasons. First, provisions of the Covenant deal much more explicitly with aspects of the criminal process. This is not surprising, given the fact that decisions and acts in this sphere have a much greater potential for infringing individual liberty; the availability and use of coercive powers are much more restricted in civil matters than criminal. Secondly, the administration of criminal justice in England and Wales is widely perceived to be in crisis, this perception stemming in particular from the spate of well-publicized miscarriages of justice acknowledged in recent years. The Royal Commission on Criminal Justice (‘RCCJ’), chaired by Viscount Runciman, was appointed in June 1991 and reported in July 1993. Their view was that:
Mental Health Care
Authors: Gunn Michael 
Published: November 2023

Abstract
The International Covenant on Civil and Political Rights provides standards against which mental health care provision may be measured. Article 9 provides everyone with the right to liberty and security of the person. It does not contain a list of exceptions, as is, for example to be found in Article 5 of the European Convention on Human Rights (ECHR). However, Article 9(1) prohibits ‘arbitrary arrest or detention’, and requires that no one be deprived of his or her liberty unless the grounds and procedure are ‘established by law’. Article 9(2) provides a right to be given reasons for one’s arrest. Article 9(4) secures a right to challenge one’s arrest or detention by application to a court; the court shall decide without delay upon the lawfulness of the detention and order his/ her release if the detention is not lawful. Article 9(5) guarantees victims of unlawful arrest and detention an enforceable right to compensation. Article 7 outlaws ‘torture or cruel, inhuman, or degrading treatment or punishment’ and also provides that no one is to be subjected to medical or scientific experimentation without his or her free consent.
Prisoners’ Rights
Authors: Livingstone Stephen 
Published: November 2023

Abstract
Those in detention are perhaps most at risk of having their human rights violated. Their powerlessness, and the fact that those who have detained them regard them as a threat (whether because of criminal or political activity), renders detainees vulnerable to the most serious human rights abuses, such as torture or death. However those in detention, especially if they are there as a result of criminal activity, are often seen as the least deserving of rights, and state authorities will often claim that their need for discretion is greatest when dealing with such a dangerous section of the public. This tension, that those in detention may be the most in need yet least deserving of rights, has made explicating the content of the rights of prisoners one of the human rights lawyer’s most difficult tasks. Some human rights treaties, such as the European Convention on Human Rights (ECHR), make no specific reference to those in detention. Others, such as the International Covenant on Civil and Political Rights (ICCPR) or the American Convention on Human Rights (ACHR), do include a specific Article but, as we shall see when we come to examine Article 10 of the ICCPR, this tends to be a somewhat vague or limited provision.
Family and Child Rights
Authors: Ghandhi* Sandy 
Published: November 2023

Abstract
1994 has been designated by the UN as International Year of the Family. It is thus singularly appropriate that any study of the United Kingdom’s compliance with the standards imposed by the Covenant should take into account our obligations under Articles 23 and 24 of this instrument. These are the Articles which stipulate the engagements of states parties in the area commonly referred to as ‘family’ and ‘child’ law. It should be noted that the stipulations in the Covenant which relate particularly to the rights of children have been supplemented now by a specific international treaty: the UN Convention on the Rights of the Child 1989.
Rights of Political Participation
Authors: Joseph Sarah 
Published: November 2023

Abstract
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country.
Rules of General Application
Authors: Mitchell Charles 
Published: November 2023

Abstract
It is intended in this chapter to discuss a number of general rules which govern the award of legal subrogation. Subject to some exceptions which are described below, the distinction drawn in this book between simple and reviving subrogation is generally reflected in the procedural rules concerning the name in which a subrogated action must be brought. Thus, where S seeks to enforce previously extinguished rights acquired via reviving subrogation, he is always entitled to enforce these rights in his own name: since rights of this kind are revived by the courts for S’s benefit alone, they vest in him and he is therefore the proper party to appear on the record as the plaintiff in any action he brings to enforce them. In contrast, where S has acquired subsisting rights of action via simple subrogation, he must as a general rule pursue these rights in the name of the right-holder, RH: since rights of this kind never cease to vest in RH, they can only be enforced by RH, albeit that RH is obliged to enforce them for S’s benefit.1 The locus classicus of simple subrogation arises in the context of insurance law.2
Failure of Consideration II: Invalid Contracts
Authors: Mitchell Charles 
Published: November 2023

Abstract
In Chapter 10, the situation was discussed where S pays money under a valid contract with PL, this money is applied to extinguish RH’s real security over PL’s property, and PL fails to repay Sasagreed. The situation discussed in this chapter is essentially the same, with one important difference: here, Sand PL’s contract is invalid for some reason. As a result, the contractual remedies which would have been available to S in the event of PL’s default had the contract been valid are not available to him. However, he may nonetheless be able to bring a restitutionary action to recover his payment from PL. The leading case concerning the restitutionary rights of payors under invalid contracts is Sinclair v. Brougham,’ but this case must now be read in the light of the decisions by Hobhouse J and the Court of Appeal in W estdeutsche Landesbank Girozentrale v. Islington Borough Council.2 The following account will there fore discuss Sinclair v. Brougham first, and then consider the Westdeutsche case.
Volunteers
Authors: Mitchell Charles 
Published: November 2023

Abstract
The rule currently prevailing in English law is that where a volunteer S pays RH in respect of the obligations owed to RH by PL, PL’s obligations are not automatically discharged by S’s payment.1 In other words, RH’s rights are not extinguished unless PL subsequently ratifies S’s payment. The question which therefore falls to be considered in Section A is whether the courts should award a volunteer S simple subrogation to RH’s rights where S has paid RH, PL has not subsequently ratified S’s payment and RH’s rights are therefore not extinguished.
The Introduction of Milk Quotas
Authors: Cardwell Michael 
Published: November 2023

Abstract
Milk quotas were introduced on 2 April 1984 to curb the endemic structural surplus in the dairy sector of the Common Agricultural Policy. In the period from 1973 to 1981 milk deliveries had increased on an annual basis by approximately 2.5 per cent, the rate of increase accelerating to about 3.5 per cent in 1983.
The Continuing Surplus and Further Allocations
Authors: Cardwell Michael 
Published: November 2023

Abstract
Following the introduction of the milk quota system, production continued to outstrip demand. In large part this state of affairs may be attributed to reduced consumption: for example, during the period 1987 to 1990 it is estimated that consumption fell from 95 to 91 million tonnes, notwithstanding subsidized sales. The level of deliveries to dairies also caused concern. After a significant fall in the 1984/5 milk year, this consistently exceeded the guaranteed total quantities of Member Statcs. To combat the surplus, a series of cuts were imposed. Council Regulation (EEC) 1335/86 provided that the guaranteed total quantities for wholesale quota be permanently reduced by 3 per cenl over the 1987/8 and 1988/9 milk ycars.· As recited in the Preamble. the measure was justified by the need to strike a balance between supply and demand. Council Regulation (EEC) 1343/86 implemented a like reduction in respect of direct sales quota.