bluuebunny/crossref_metadata_2025_split huggingface dataset:
P
Authors: Toth A G 
Published: November 2023

Abstract
One of two kinds of penalty (the other being a fine) which the Commission may impose on undertakings and associations of undertakings in the field of general EC competition law, i.e. under Arts. 81 and 82 EC (see Arts. 23 and 24 of Council Reg. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ 2003 L1/1, which replaced Arts. 15 and 16 of Council Reg. 17, First Regulation implementing Articles 81 and 82 of the Treaty, OJ Sp. Edn. 1959–62, p. 87, as from 1 May 2004). Arts. 23 and 24 of Reg. 1/2003 also apply to competition in the transport sector (which was governed by special provisions prior to 1 May 2004), but separate rules apply in the field of merger control (concentrations) (see further under Competition in transport, Fine, Merger control procedure). Unlike fines, periodic penalty payments are in the nature of coercive measures; their function is to enforce compliance with the law in the future, and not to punish infringements committed in the past (see Cases 2/63 etc. San Michele v. High Authority [1963] ECR 327 at p. 352 per A.-G. Roemer, decided under the ECSC Treaty).
R
Authors: Toth A G 
Published: November 2023

Abstract
Contract whereby manufacturers undertake to supply each other with their products in the event of serious disruption resulting in significant loss of production at their factories. In Cases 29/83 etc. CRAM and Rheinzink v. Commission [1984] ECR 1679 at p. 1705, the Commission considered that such a contract constitutes a restriction on competition within the meaning of Art. 81(1) EC by virtue of both its object and its effect. It deprives the parties of their independence of action, of their ability to adapt individually to circumstances and of the possibility of benefiting, by increasing direct sales to customers, from production stoppages or reductions in output sustained by their competitors. Such a contract, if it is of a general scope and of long duration, or if it is automatically renewable, ‘institutionalizes mutual aid in lieu of competition’ and is likely to prevent any change in the parties’ respective market positions (ibid.). Without deciding whether a reciprocal assistance contract between manufacturers is generally caught by the prohibition in Art. 81(1) EC, the ECJ held that the contract in question in the above cases did constitute a restriction of competition. This was on account of its general and indefinite terms, its indeterminate duration, and the large quantities of products involved. The obligation to provide mutual assistance was not restricted to cases of force majeure or similar situations, but was extended to all cases of ‘serious disruption’ of whatever kind and from whatever source (ibid. at p. 1706).
Introduction
Authors: Taylor Avril 
Published: November 2023

Abstract
This book provides an account of the lives and experiences of a group of female intravenous drug users in Glasgow. It is based on fifteen months’ participant observation of the women in their own setting and on in-depth interviews carried out at the end of the observation period. It is the first full ethnographic account of the lifestyle of female drug users. Very little sociological research has been directed at female illicit drug users. Most research in the field of illicit drug use has overwhelmingly concentrated on young male users, and females are either ignored or seen as marginal (Blenheim Project, 1988; File, 1976; Gomberg, 1986; Jeffries, 1983; Marsh 1982; Prather and Fidell, 1978; Women 2000, 1987).
Conclusion
Authors: Taylor Avril 
Published: November 2023

Abstract
The previous chapters have presented an account of the lifestyles of a group of inner-city female intravenous drug users in Glasgow. In particular, they have presented a picture of drug use from the points of view of the women themselves. They have told us how they initially became involved in drug use and how they maintained their drug habit. They have told us about their social interactions, their relationship with their children, and their attitudes towards mother hood. Finally, they talked about their attempts to cease their use of drugs and the difficulties involved in this endeavour. This concluding chapter briefly draws together the main findings and themes which have emerged in the course of the text, drawing comparison, where relevant, with other research.
English Procedural Law and Foreign Arbitrations
Authors: Mann F A 
Published: November 2023

Abstract
The Note which a year ago appeared under the above title ventured to suggest that the Court of Appeal was in error when in James Miller & Partners Ltd. v. Whitworth Street Estates (Manchester) Ltd. it held the English Arbitration Act 1950 to be applicable to an arbitration conducted in Scotland on the ground that the contract containing the arbitration clause was governed by English law. This decision, the underlying facts of which need not be repeated, would have had unexpected repercussions in the field of international arbitrations. It would also have had the startling implication that arbitration proceedings in England would have been controlled by the arbitral procedure of the country, the law of which governs the contract.
The Problem of Stale Arbitrationsin England: A Possible Riddance of Bremer Vulkan?
Authors: Mann F A 
Published: November 2023

Abstract
It is probably no exaggeration to suggest that few decisions have met with such widespread disapproval by the profession as Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd [1981] AC 909. Few will disagree with Lord Denning MR’s criticism in The Splendid Sun [1981] QB 694. Since the House of Lords held in 1981 that want of prosecution by one party to an arbitration does not entitle the other party to an injunction, almost all attempts to solve a great practical problem have failed or at least led to such refinements, distinctions, and doctrinal sophistry that what should be a simple practical problem has been overlaid by an undesirable number of decisions. Notwithstanding much trouble and expense few of them produced an effective solution. Delay does not amount to frustration.
The Rights of Peoples: Some Conclusions
Authors: Crawford James 
Published: November 2023

Abstract
Assome of the essays in this volume demonstrate, there is much to criticize in the arguments for a ‘third generation’ of ‘solidarity rights’. One does not have to accept the view that international human rights are a closed category to regard some of the suggestions for the elaboration of ‘solidarity rights’ as mere novelties, apparently proposed for the sake of finding some thing new to say. The excessive generality and the disregard for content demonstrated in some of the elaborations of new rights not only raise questions about individual proposals, but reflect badly on the notion of a ‘third generation’ of rights as such. Their relation to existing human rights is also problematic. If proposals for a right to development can be elaborated and supported without any obvious content first being attributed to that right, how can one be confident of the content of existing rights? If the various peoples’ rights elaborated in the African Charter of Human and Peoples’ Rights are more likely to be relied on as modifying other rights or rules than as creating new autonomous rights, then peoples rights would seem to be rather a new range of excuses for reducing the scope of other rights-in effect, a new range of State rights in disguise.
Trials as Practical Work
Authors: Rock Paul 
Published: November 2023

Abstract
I have discussed trials and the conflicts which were at their core. Let me now take the next step and show how they were translated into the work of different professionals, insiders and outsiders, and how, in turn, they created the four concentric and overlapping social worlds that I started to describe in Chapter 2 and shall continue to describe in Chapters 5 and 6. An analysis of that work will continue throughout the rest of the book, and a number of arguments introduced here (and particularly those concerning space and time) will be elaborated at greater length in their own separate chapters.
The Politics of the Witness
Authors: Rock Paul 
Published: November 2023

Abstract
I have described something of the travails of victims and witnesses appearing in the Crown Court. They were quite visible to those who were able to look hard at a population that was kept in some deliberate obscurity. Many of those who worked in the Court, the probation officers, judges, ushers, court clerks, and CPS officers, privately expressed a measure of compassion for the private witness, but I have already explained why it was that those perfectly sympathetic men and women felt themselves restrained from doing much to supply comfort and aid. Multiple problems of time, access, resources, neutrality, collusion, commitment, and embarrassment prevented them from doing so. They had no mandate to adopt prosecution witnesses as clients or dependants, and such a mandate would have been compromising indeed.
Proportionality and Parsimony in American Sentencing Guidelines: The Minnesota and Oregon Standards
Authors: von Hirsch Andrew 
Published: November 2023

Abstract
The US Federal Guidelines will be examined in chapter eight of this volume by Professor Doob. The standards’ primary aim, he points out, was to get tough: and tough they certainly are. If the Guidelines produce unfair results, fairness was not one of the drafters’ major concerns. By and large, the Federal Guidelines have achieved their purpose: sentences imposed by Federal courts are now substantially more severe than they were before the Guidelines’ adoption.
The United States Sentencing Commission Guidelines: If you don’t know where you are going, you might not get there
Authors: Doob Anthony N 
Published: November 2023

Abstract
If one were to characterize the ‘problem’ that exists in sentencing in com mon law jurisdictions, one might suggest that there are two problems: (1) What institution is it that should control sentencing policy? (Many jurisdictions-Canada included-have not yet decided who should control sentencing-judges, legislatures, commissions, etc.) (2) How should sentencing be controlled (what goals or purposes, principles, or control mechanisms should be put in place)? Andrew von Hirsch has described how certain states in the USA approached the ‘who and how’ of sentencing reform.2 The US Federal jurisdiction is, I think, unique in its approach to these questions. Hence there are different lessons to learn from the US Federal experience than there are from the experiences in sentencing reform in the various states.
Public Prosecutors and Discretion
Authors: Fionda Julia 
Published: November 2023

Abstract
The role of the public prosecutor in sentencing has become the subject of intense debate in recent years. Experts recognize that their influence on sentencing practice is profound, and that the implications of their influence is far reaching. In this original study the author assesses the influence of the public prosecutor in Scotland, the Netherlands, England and Wales and Germany over the process of sentencing offenders in the criminal justice system. This study offers a detailed analysis of prosecutorial power to issue sanctions, such as fines, warnings and referrals to rehabilitation at the pre-trial stage, and develops three new models of justice seeking to analyse and explain the increasing use of prosecutorial power. The overlap between the role of prosecutor and judges is also discussed. This book is an original enquiry into an aspect of the role of the prosecutor which is increasingly important in major criminal justice systems, and will be of great interest to all those interested in the criminal justice system and the sentencing of offenders, and in comparative criminal justice policy and practice.
Transnational Fraud
Authors: Nygh Peter 
Published: November 2023

Abstract
The purpose of this paper is to explore internationally acceptable bases of jurisdiction. In pursuing that purpose I want to discover any consensus by way of treaty or national practice and test this against notions of fairness (due process) which as Professor Schlosser has argued, may reflect human rights notions. The enquiry is de lege ferenda, but obviously existing law and practice is relevant.
Intellectual Property
Authors: Trooboff Peter D 
Published: November 2023

Abstract
This chapter deals generally with issues of jurisdiction in actions relating to three types of intellectual property rights—copyright, patents and trademark, as well as related unfair competition claims. It begins by explaining the importance of the territorial principle in determining the applicability of domestic or foreign law by courts presented with claims for infringement of such rights. It explores the distinction between and the relationship of the scope of the applicable law and the personal jurisdiction of a court over a particular defendant. Finally, it surveys some of the cases in the United States concerning personal jurisdiction with a view to identifying some models of cases that will facilitate comparison with applicable law of other jurisdictions.
Restitution
Authors: McLachlan Campbell 
Published: November 2023

Abstract
The decision of the Swiss metal traders Metall und Rohstoff AG to pursue the US parent companies of its fraudulent English brokers led to litigation which not only redefined the jurisdiction of the English courts in tort cases, but also comprehensively exposed a lacuna in English longarm jurisdiction. Metall und Rohstoff sought, among other things, relief by way of an account and declaration for an alleged constructive trust over the proceeds of the sale of its aluminium.
EC and United Kingdom Competition Law Developments
Authors: Rose Vivien , Aitman David 
Published: November 2023

Abstract
The competition authorities in the United Kingdom and in Brussels have spent a considerable amount of time over the last year looking at various structural changes to media companies within the European Union—reaching a number of decisions on mergers, alliances, and joint ventures. They have focused also on the practices of a number of media companies, looking at the principles of exclusive licensing, whether media companies should be entitled to refuse to license to third parties the intellectual property rights in which they trade, and at the pricing strategies of a number of media companies.
Ministers’ Pay And Benefits
Authors: Brazier Rodney 
Published: November 2023

Abstract
This Chapter examines the financial rewards to which Ministers are entitled. It analyses the provisions which govern the payment of ministerial salaries, and the sums which are payable to them as members of one or other House. The Chapter also looks at other tangible benefits which Ministers enjoy, including office accommodation and houses. The statutory limits on the number of ministerial salaries were dealt with in Chapter 2 in the context of the control on a Prime Minister•s patronage.1 The rules which seek to prevent conflict between Ministers’ personal financial interests and their official duties will be considered in the next chapter.
Leaving Government
Authors: Brazier Rodney 
Published: November 2023

Abstract
The composition of any Government changes regularly. Appointments are made to junior ministerial office and, after a few years, and whether or not promotion has intervened, the majority of those who make up the bulk of any Government will have left it. Cabinet Ministers, too, regularly leave office. When one party stays in government for a substantial period it will lose many individuals along the way for a variety of reasons, and appointment to ministerial office is, therefore, no guarantee of a prolonged period of service. General elections which produce a change in the party in power lead to a mass resignation of Ministers. The most important quantitative reason why a Minister may suddenly find himself on the back-benches is the regular reshuffle which is carried out by the Prime Minister; there are other reasons, but these are less significant in numerical terms. Such planned ministerial reshuffles necessarily result in resignations, and this Chapter will look at them first. Then the formalities of resignation will be examined, including the political importance of resignation letters. The final section will analyse the avenues open to a Minister to explain and defend his record when he suddenly finds himself involuntarily out of a job.
Aims of the Convention
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
The title of the 1980 Hague Convention is of particular importance, for it makes clear that the instrument is only concerned with international situations and is in no way connected with the criminal aspects of the problem. The actual objectives of the Child Abduction Convention are set out in Article 1. In paragraph a), it is affirmed that the Convention shall secure the prompt return of children wrongfully removed to, or retained in, any Contracting State; while, in accordance with paragraph b), respect will be ensured for rights of custody and access existing under the law of one Contracting State in other Contracting States.3 However, can these be said to represent the only aims of the Convention? On their own the provisions present a very uncompromising image, namely that once it is proved that a child has been wrongfully removed or retained he or she must be sent back immediately.
Habitual Residence
Authors: Beaumont Paul R 
Published: November 2023

Abstract
The choice of a child’s habitual residence as the basis on which to found the summary return mechanism would appear, prima facie, entirely appropriate. Where else should a court send a wrongfully removed or retained child but to the environment and society of which the latter was a member. The success of the drafters lay not so much in focusing upon habitual residence, but in not including any alternative connecting factors. In so doing, the future Convention was assured a measure of certainty markedly absent from other contemporary instruments.
The Protection of Children Where a Return May Result in Harm: Article 13(1)(b), Undertakings, and Article 20
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
The Convention may have been built on the premiss that abductions are harmful, but it was recognised at an early stage that in certain instances a reestablishment of the status quo ante could endanger a child. The challenge facing the drafters was how to incorporate an effective safety mechanism, acceptable to the maximum number of States, which would not jeopardise the summary-return procedure.
Article 12(2): The Child is Now Settled in its New Environment
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
In holding that a child can only be returned forthwith when less than a year has passed from the time of the wrongful removal or retention, the drafters were recognising that the restoration of the status quo ante might no longer be possible once a child had spent a lengthy period of time in the State of refuge.
Rights of Access
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
The prevailing view during the drafting of the Hague Convention was that access rights were the corollary of custody rights. It may be recalled that the perception at that time, and in most instances the accepted practice upon divorce or separation, was for one parent to have primary responsibility for a child and for the other to have defined visitation. Indeed it was this partial exclusion of one parent from the life of the child which was believed to help create the conditions for wrongful removals and retentions. However, it was thought that if access rights could be guaranteed this could remove a potential source of animosity, which could in turn serve to prevent abductions from actually occurring.
Interpretation
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
Although radical in its choice of approach to deal with international child abductions, the 1980 Hague Convention shares with all other international instruments laying down a set of common rules the need for those rules to be uniformly applied if it is to operate effectively. This general principle was reaffirmed by Lord Browne-Wilkinson in Re H. (Minors)(Abduction: Acquiescence):An international Convention, expressed in different languages and intended to apply to a wide range of differing legal systems, cannot be construed differently in different jurisdictions.
Personal Claims
Authors: Smith Lionel D 
Published: November 2023

Abstract
This chapter addresses the personal claims which can be asserted fol lowing a successful exercise of tracing or following. The scope of this Part having been defined to exclude claims deriving from statutes and claims based on subrogation, the effect is that most of the claims discussed herein are Type B personal claims. That is, they are claims which depend on an interference with a proprietary right. This does not necessarily mean that they require the establishment of an existing proprietary right, but they do require at least proof that a proprietary right was held by the plaintiff at some point in the past, when the interference took place which is alleged to have generated a personal right.
The Woolf Report: Against the Public Interest?
Authors: Dehn Conrad 
Published: November 2023

Abstract
In the introduction to his Report Lord Woolf says the first aim of his review is to improve access to justice.
There are two aspects of access to justice, both important. One is the access of an individual claimant or respondent. The other is that of the public as such, including the press. Except incidentally, the Report deals only with the former, and the effect of what it proposes will be to reduce the latter.
The Economics of Cost-shifting Rules
Authors: Rickman* Neil 
Published: November 2023

Abstract
It has long been recognised that cost, complexity and delay are significant features of the civil justice system in England and Wales. To some extent, these features can be viewed favourably: financial cost and delay can both act as valuable disincentives to prospective litigants whose cases would not justify the use of scarce legal resources, while complexity is perhaps an inevitable result of a system which seeks accuracy and fairness. Having said this, it seems likely that there is some level of cost and delay at which the disincentive effect is too great, leaving parties with legitimate claims without the legal means to pursue them.
Access to Just Settlements: The Case of Medical Negligence
Authors: Genn Hazel 
Published: November 2023

Abstract
Debates about access to justice in the past have tended to focus on the extent to which citizens with ‘legal problems’ have been able to secure necessary legal advice and services in order to pursue or defend cases in the courts. The worry has been that many of those experiencing such ‘legal problems’ were failing to secure appropriate advice and representation and thus the opportunity of gaining the legal remedies to which they might be entitled. Empirical investigations into this phenomenon have identified the types of problems for which there was an unmet need, and attributed failure to secure legal advice—variously—to lack of legal sophistication, ignorance, lack of funds, social organization, and lack of legal advisers willing to deal with certain kinds of legal problems. Interest in access to justice issues in the UK flourished during the 1960s and 1970s and after a period of relative quiet we now find academic and other researchers rediscovering the conundrums of civil justice.