bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Treaty Approach to the Question of Access to the Sea for Land-Locked States
Authors: Vasciannie S C 
Published: October 2023

Abstract
The main purpose of this chapter is to examine the role of multilateral treaties in regulating access to the sea for land-locked States and to consider the problems associated with this approach. Since several studies have already been made in this area, it is not proposed to consider the historical aspects of the question in great detail. Instead, the main developments in treaty law up to 1965 will be summarized in Section 2 in order to set the stage for a more comprehensive discussion on the rules that have been incorporated into Part X of the 1982 Convention.
The Destruction of Troy will not Take Place
Authors: Pellet Alain 
Published: October 2023

Abstract
The very idea of law of war can only be envisaged when two conditions are met: the fact-or, in any case, the possibility-of armed conflict (law is called upon to provide a framework to human activities, not fantasies) and the will to limit barbarism (in the absence of which arms alone would be left to speak). It is a matter then of reconciling the cold realism of Creon and the Lament of Antigone. Speaking, then, in abstract and general terms, one can say that the law of war is born of the dialectic of two principles: that of necessity and that of humanity.
Taxation under Belligerent Occupation
Authors: Glahn Gerhard Von 
Published: October 2023

Abstract
The five multilateral conventions comprising the modern international law of belligerent occupation display a fair-sized gap in failing to provide rules in the general subject area of economics, including such topics as central banks, exchange reserves, currency questions, and almost all other aspects of business and financial operations. The silence of conventional law on these topics is doubly surprising: the subject matter in question is, and should be, of great importance both to an occupant and to his enemy, the ousted government; and any of the states that ratified or acceded to the instruments involved should have envisioned the possibility that it could at some time become an occupant or an ousted sovereign and as such might wish that the gaps in the rules had been filled at an earlier date. On the other hand, the major signatories of the treaties in question (1899, 1907, 1949, and 1977) may have seen themselves only as future occupants and as such may have wanted to avoid being restricted, by additional new rules, from acting in the manner in which they expected to behave.
O
Authors: Toth A G 
Published: October 2023

Abstract
Official Authority In Reyners, which involved the interpretation of the concept of official authority in the context of the legal profession, and in subsequent cases, the ECJ stated that since it derogates from the fundamental rules of freedom of establishment and freedom to provide services, Art. 45(1) must be interpreted narrowly, in a manner that limits its scope to what is strictly necessary to achieve the objective for which it was inserted in the Treaty. This objective is to enable Member States to exclude non-nationals from taking up functions involving the exercise of official authority, which functions are connected with one of the activities of self-employed persons provided for in Arts. 43 and 49. This need is fully satisfied, the Court said, when the exclusion of non-nationals is restricted to those activities which, taken on their own, constitute a ‘direct and specific connexion with the exercise of official authority’.
In Those States in Which Ethnic, Religious or Linguistic Minorities Exist’
Authors: Thornberry Patrick 
Published: October 2023

Abstract
As noted above, this phrase was introduced by Chile at the ninth session of the Commission on Human Rights. It reflects the widely held view among ‘countries of immigration’, particularly in the Americas, that the classic ‘minorities question’, as applied mainly to Europe, has no relevance to their contemporary situation. Comments were made in this connection during General Assembly debates on the draft Universal Declaration of Human Rights. Similar views were expressed in the Third Committee of the General Assembly during debates on Article 27 (draft Article 25). Thus, the Representative of Brazil, after describing briefly the history of the minorities treaties and the League of Nations system, stressed the need for careful definition of the term ‘minority’.
‘To Use Their Own Language
Authors: Thornberry Patrick 
Published: October 2023

Abstract
Article 27 is concise on the question of language, and other provisions of the Covenant are not especially helpful on how this aspect of rights is to be implemented. The protection of culture includes that of its linguistic medium, and discussion of culture necessarily includes a discussion of linguistic aspects. A number of points have already been discussed in the present connection. Rights such as those set out in Article 13(3) of the Covenant on Economic, Social, and Cultural Rights laying down that parents are free to choose schools for their children other than those established by the authorities, and the freedom to seek, receive, and impart ideas ‘either orally, in writing or in print .. .’
Inadmissibility For Other Reasons
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The Tribunal has stated, with reference to this provision, that the ‘statutory exhaustion requirement is of the utmost importance. It ensures that the management of the Bank shall be afforded an opportunity to redress any alleged violation by its own action, short of possibly protracted and expensive litigation before this Tribunal. In addition, the pursuit of internal remedies, in particular the findings and recommendations of the Appeals Committee, greatly assists the Tribunal in promptly and fairly disposing of the cases before it. The Appeals Committee permits a full and expeditious development of the parties’ position, including the testimony of witnesses, that often results in the announcement of recommendations that arc satisfactory to both the Bank and to the aggrieved staff member’. (Klaus Berg, Decision No. 51, para. 30)
Performance
Authors: Amerasinghe C F 
Published: October 2023

Abstract
Moreover, the disagreement between the Applicant and her previous Division Chief related mainly to the evaluation of the Applicant’s performance and her work attitudes. The grading committees did not concern themselves with the actual performance of the Applicant. They concerned themselves exclusively with finding out whether the assignments and tasks carried out by the Applicant in her position met the criteria for grading her position as 24 or 23. (Sebastian (No. 2), Decision No. 57 [1988], para. 32)
Fixed-Term Contracts
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The record shows that the Respondent did promise to convert the Applicant’s appointment into a permanent one but that the fulfillment of that promise was conditional upon the Applicant’s satisfactory performance. By a letter dated December 22, 1986, the Applicant’s supervisor informed the Personnel Management Department (PMD) of the Applicant’s selection as a Cofinancing officer. He stated that:
Salary
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The record shows that the Respondent did promise to convert the Applicant’s appointment into a permanent one but that the fulfillment of that promise was conditional upon the Applicant’s satisfactory performance. By a letter dated December 22, 1986, the Applicant’s supervisor informed the Personnel Management Department (PMD) of the Applicant’s selection as a Cofinancing officer.
Reorganization
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The Applicant contends that he learned of the arrangement made in 1975 only as a result of the Bank-wide job grading program in 1985, and there is no direct evidence to contradict this assertion. He was then in-formed that, as part of this program, his personal grade was being abolished and he would be entitled to retain the salary corresponding to his personal grade level only for a two year grandfathering period. After September 30, 1987 his compensation would be based on a lower salary range.
Judging Fact
Authors: Jackson John , Doran Sean 
Published: October 2023

Abstract
Although countless volumes have been written on judicial reasoning about the, law, less attention has been given to fact-finding in forensic contexts. Some interest was expressed by legal realists in the early part of this century, particularly by Frank who tried to shift the focus of realist attention from ‘rule-skepticism’ to ‘fact-skepticism’.1 From a different perspective, Wigmore’s attempt to develop an interdisciplinary theory of evidence and proof, incorporating the legal, logical, psychological, and scientific aspects of the subject fell largely on deaf ears.2 In more recent years, however, there has been a burgeoning of interest in theoretical aspects of evidence, particularly in the United States where the mistaken attempt in one case to apply probability theory to the evidence led to a lively debate about the uses of probability theory in legal fact-finding.
Conclusion
Authors: Choo Andrew L -T 
Published: October 2023

Abstract
The rule against hearsay can be justified by reference to considerations of intrinsic and extrinsic policy. English law has focused on the former, taking the view that the rule constitutes protection against the admission of unreliable evidence. However, the way in which hearsay doctrine addresses reliability concerns leaves much to be desired. The rule itself (at least if applied properly) excludes too much, automatically barring evidence which most would feel is sufficiently reliable to be left to the jury. Myers and Kearley are cases in point. Some exceptions to the rule, such as the dying declarations exception, treat evidence the reliability of which may well be in doubt as admissible. But whilst admissible hearsay evidence may be excluded in the discretion of the trial judge, there is no discretion to admit inadmissible hearsay. In the law of hearsay, more than in any other major area of criminal evidence, a priori assumptions have prevailed over the individualization of determinations of reliability.
The Desirability of Increased Institutional Monitoring
Authors: Stapledon G P 
Published: October 2023

Abstract
Having analysed the history and current state of institutional monitoring in the UK and Australia, the remainder of the book looks to the future. This chapter seeks to identify the possible benefits and drawbacks from an increased level of institutional monitoring. It concludes that the likely advantages of greater involvement by institutional investors in corporate governance outweigh any disadvantages. Chapter 10 looks at the likeli hood of there being an increased level of institutional monitoring in the absence of legal reforms directed at achieving that end. It concludes that there is unlikely to be any significant increase in institutional monitoring as a result of mere exhortation. Given the findings of Chapters 9 and 10, there are recommendations in Chapter 11 for certain (modest) legislative changes and changes to the stock-exchange listing requirements which are designed to induce closer institutional involvement in corporate governance. An important qualification to the following discussion is that it relates primarily to those quoted companies which lack a non-institutional shareholder with a controlling stake. As shown earlier, as at late 1993, between 40-50% of listed Australian companies had such a shareholder, whilst only about 10-15% of quoted UK companies had one. In ‘controlled companies ‘, mechanisms other than institutional monitoring and the market for corporate control operate to ensure that the interests of any professional managers do not diverge excessively from those of the controlling shareholder.2 Nevertheless, institutional monitoring (together with related-party rules) has an important role to play in controlled companies in ensuring that, in tum, the interests of minority shareholders are not ignored by the controlling shareholder.
Conclusions
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh 
Published: October 2023

Abstract
In this final Chapter we draw some general conclusions from our study. First, we summarize our findings about the different impact the law of defamation has on the various branches of the media, and then draw some conclusions which seem to be equally valid for all branches. Secondly, we offer some observations on the question of the ‘chilling effect’ of this area of law on media freedom, the investigation of which was one of our principal aims in embarking on the research. Lastly, we make a few remarks concerning the significance of our findings for reform of the law of defamation. These are made very tentatively. In the first place, it was not our object to make a case for legislative reform. More importantly the decision to reform libel law should follow an assessment of the appropriate balance between media freedom and the interest individuals have in protecting their reputation; only if the present law does not strike the balance in an appropriate way should it be amended. But our research did not look at the concerns of plaintiffs. It does however highlight the particular respects in which the law creates difficulties for the media, and perhaps puts one or two matters on the law reform agenda.
Distinction and Diversity: Law and the LSE*
Authors: Rawlings Richard 
Published: October 2023

Abstract
In 1995 the London School of Economics and Political Science became a centenarian. This was naturally an occasion for commemoration and celebration: of monochrome and necrology on the one hand, and alumni events and fund-raising on the other. The Law Department agreed that it also be taken as the opportunity for a scholarly enterprise. A special set of public lectures was organised, involving a range of LSE and non-LSE participants with interesting and relevant things to say. This volume in large measure is the product of that design.
Laski’s Law Behind the Law. 1906 to European Labour Law*
Authors: Wedderburn Lord 
Published: October 2023

Abstract
Few scholars had the lasting effect that Harold Laski had on his students. In Ralph Miliband’s memorable phrase, he gave all to his students out of his ‘glowing faith that youth was generous and alive, eager, enthusiastic and fresh’. His invitation was ‘if you disagree, come ... and tell me where I am wrong’. Distinguished scholars of very different views paid tribute to his part in founding ‘political science’ in England as a committed socialist with a ‘disinterested devotion to the pursuit of truth’. Ralf Dahrendorf suggests that the question: ‘Did you hear Laski?’ marked a historical watershed. Unhappily, I missed him by a whisker.
Structural Couplings
Authors: Luhmann Niklas 
Published: October 2023

Abstract
The more systems theory stresses the operative closure of autopoietic systems, the greater the need to establish how the relations between the system and its environment are shaped. Neither reality nor the causal relevance of the environment is denied (otherwise one could not even talk about difference, differentiation, etc.). Operative closure means only that the autopoiesis of the system can be performed only with its own operations. Hence the unity of the system can be reproduced only with the system’s own operations. Conversely, the system cannot operate in its environment and hence cannot communicate with the environment by using the system’s operations.
Mrs Thatcher Against the ‘Little Republics’: Ideology, Precedents, and Reactions
Authors: Burrage (London School of Economics) Michael 
Published: October 2023

Abstract
Political scientists have not paid much attention to the professions as lesser forms of government. Professions might have been expected to figure in their discussions of pluralism and corporatism, two major themes of the subject in recent times, but attention has usually focused on capital and labour, the two actors in the class theory that they hoped to supersede or discredit. Similarly, in the discussion of the relationship between states and civil society, evidence has seldom been drawn from the professions even though they were probably the first, and have usually been the most durable, expression of civil society’s attempt to organize itself. And in the vast literature on states, the mini-governments of the professions have rarely been used as means of understanding the larger state formations on which they depend.
Brian Simpson in the United States
Authors: Helmholz R H 
Published: October 2023

Abstract
W. B. Simpson’s academic career in the United States makes a pleasant and encouraging story, at least to an American who has observed it at first hand and has benefited from it. It began without fuss. Brian first came to the States in a professional capacity during the winter of 1979.1 He had been invited to be a visiting professor at the University of Chicago Law School, and no doubt he felt a certain degree of curiosity about life in the States. He returned to Chicago again as a visiting professor in the spring terms (‘quarters’) during the 1979-80 and 1981-2 academic years. The experience must have been mutually agreeable, because he accepted a professorship at the University of Chicago from the 1983-4 academic year.
Cognitive Science, Legal Theory, and The Possibility Of An Observation/Theory Distinction in Morality and Law
Authors: Penner* J E 
Published: October 2023

Abstract
An observation/theory distinction is a distinction between beliefs which we are able justifiably to form on the basis of observations, that is, true perceptions of the world more or less uncoloured by our desires, beliefs, theories, ideologies, cultures, etc., and beliefs which we form on the basis of attempts to explain or understand our observations, that is, our various theories, ideologies, or cultural world views.
Arabesk
Authors: Stokes Martin 
Published: October 2023

Abstract
The ethnographic present refers to 25 August 1990, when I attended a Halk Konseri (People’s Concert) featuring Müshim Gürses, one of a series of free events organized for the Gülhane Park festival. The park is a small wooded area on the slopes between the Topkap1 palace and Saray Burnu, the ‘Seraglio Point’, containing a zoo and a number of tea gardens, all of which are packed on summer week ends. The park is a popular destination for afternoon excursions, since it can be reached easily by train from the outlying suburbs and gecekondu areas to the west of the city walls.
Arabesk Lyrics and Narratives
Authors: Stokes Martin 
Published: October 2023

Abstract
When people talk about arabesk they do so in terms of the lyrics of the songs and the films to which they belong. In the texts, ideas and images are compressed into a small number of extremely dense lines, extended by melisma and musical repetition. On their own they have an abstract quality, consisting of a displaced rhetoric of suffering and frustration. Whilst the locus of the texts is unquestionably an urban space, a world of taxis, trains, cafes, crowds, and unfamilar streets, the singer, the loved one, and the cause of suffering are seldom specified or described. Even the gender of the loved one remains ambiguous through the use of the unspecified third-person pronoun, ‘o’. It is precisely this abstract quality that allows for the texts to be embedded in films and personally constructed narratives in the manner described in the previous chapter. This provides the basis for what I shall tentatively describe as the aesthetic experience of arabesk, the understanding of ‘what it means’ in relation to one’s own experience.
Arabesk and Serna
Authors: Stokes Martin 
Published: October 2023

Abstract
In arabesk, the description of the hal revolves around the social dislocation of the protagonist from his family and loved ones, provoking a crisis which is both characterized and reinforced by images of drunkenness, weeping, solitude, and an aimless circular movement which is exhausting but achieves nothing. The expression of this state through music is metaphorically equated with burning. We have also noted that the term hal has a meaning in the context of sema (religious music and dance in Sufi thought and practice).
France
Authors: Charlot Jean , Charlot Monica 
Published: October 2023

Abstract
Electioneering in France changed fundamentally with the inception in 1965 of the direct election of the President of the Republic by the people. Since then a wider use of referendums, which until the Fifth Republic were rare and only used for narrowly constitutional issues, together with the coming of European elections have added two other types of national elections to that of the election of the President. These elections, in which the whole of France constitutes one single constituency, involve each party’s national leaders to a much greater extent than general or local elections.
Italy
Authors: Gundle Stephen 
Published: October 2023

Abstract
The Italian political system has been long renowned for its static qualities, for its resistance to change of all types. Yet in the course of the 1980s the pattern of electioneering evolved radically as new techniques and codes of campaigning were widely adopted. Not only did television become more important than ever before but party-centred rallies, posters, and word-of-mouth strategies were displaced by media-orientated forms of political communication in which the emphasis shifted from parties towards leaders and candidates. As part of the trend towards political marketing, even telephone canvassing and direct mail shots were introduced. By a variety of observers this process of change was hailed, from its very earliest manifestations in the late 1970s, as part of a deplorable trend towards Americanization that would result in Italian political life losing its distinctive cultural and ideological traits with political communication becoming virtually indistinguishable from entertainment.
Divided Party Control in the United States
Authors: Ranney Austin 
Published: October 2023

Abstract
Recent elections in the United States have continued a condition that is impossible in most democratic systems and rare in a few others, but seems to have become normal in America: namely, divided party control-a situation in which the President belongs to one party and the majority in one or both Houses of Congress belongs to the other party.1 Divided party control is possible only in those systems which directly elect both executives and legislators, with the voters casting separate votes for each. This makes it possible for voters to split their ballots between or among parties in voting for the two kinds of officials. Other systems in which this is possible are France under the Fifth Republic, Finland, and most Latin American nations (especially relevant for present purposes are those, such as Argentina, Brazil, Colombia, Costa Rica, Ecuador, and Venezuela, that now hold reasonably free elections).2 If they maintain the courses on which they are now embarked, many republics of the former Soviet Union are likely to join the list (Lijphart 1984; Sartori 1987).3 Divided party control is rare but not unknown in presidential democracies other than the United States.