bluuebunny/crossref_metadata_2025_split huggingface dataset:
General Principles of Secured Transactions Law
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
There are a number of general comparative principles which summarize in general terms the characteristics of a secured transactions law.1 It is possible to distinguish in particular the principle of property right,2 the principles of security in own property (ie ownership-based security) and in property held by another person (ie limited property rights),3 the principles of form and functionality,4 and the principles of unity and multiplicity.5
Person Giving and Person Taking Security
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
The persons who can grant and take security are typically the natural and legal 13.01 persons recognized by national law generally. This is, thus, an issue for the general law of persons of a national law, which is beyond the scope of this study. However, there are a few specifics of security law with respect to persons which should be highlighted. They relate to (1) certain restrictions as to the persons who can grant or take security and (2) persons who can act on behalf of the security holder.
Creation of Security
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
There are two different approaches to the creation of a security interest: the one step approach and the two-step approach.1 The United States, England, and other common law countries follow a two-step approach where security interests are created between the parties (this is referred to as an ‘attachment’) and, upon completion of additional requirements, also against third parties (this is referred to as ‘perfection’). Most civil law countries, however, follow the one-step approach where security rights are created at the same time between the parties and against third parties. Under the two-step approach there are two phases in the creation of a security interest.
Effects On Third Parties
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
Since security rights have proprietary effect they affect third parties. This may be apparent in three ways: since there may be several securityholders in an asset it has to be deter- mined whose right takes priority; secured property may be sold and the issue is whether or not the security right will terminate with such a sale; there may be rights against third parties which affect the secured property.
Self-Determination and the First World War
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
By the beginning of the twentieth century the problem of disaffected ethnic groups had dominated the political situation in Central and Eastern Europe for some fifty years. Upon the outbreak of the First World War in 1914 many of the smaller ethnic groups began to press for self-determination. These groups sought to capitalize on the upheaval and dislocation of the War in order to attain independence. As a result the question of self determination became an important issue during the War and in the subsequent Peace Conference. In this Chapter the various promises of the Allies and the Central Powers to disaffected ethnic groups are considered, followed by an examination of the policies of the Bolsheviks and of Woodrow Wilson with regard to self-determination. The influence of self-determination on the Paris Peace Conference is also examined.
The Protection of Minorities in Modern International Law
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
As observed in previous chapters, there is a close link between self determination and minorities. When self-determination takes place it usually affects minorities in one way or another, whether the act of self determination is an act of decolonization, an exercise of popular sover eignty, or results in the formation of a nation-state. Decolonization affects national minorities because it perpetuates minority status for some ethnic groups; this occurs because the boundaries of a new state must correspond to its pre-existing boundaries as a non-self-governing territory.1 Therefore, an ethnic group which was a minority within a non-self-governing territory will continue to be a minority within the newly independent state.
Sociological Review and Analysis of International Child Abductions
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
It is not the purpose of this book to engage in a detailed investigation of the sociological aspects of parental removals or retentions; that would represent a research project in its own right. Rather, it is proposed to review those studies which have already been carried out and, where applicable, to assess them in the light of Hague Convention case law and statistics. This, it is hoped, will serve as an aid to greater understanding of the substantive issues involved, which will in turn facilitate a more measured analysis of the legal measures which seek to address the problem.
The Evolution of an International Convention: the Hague Modell
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
The approach taken to the elaboration of Conventions within the context of the Hague Conference on Private International Law has developed over many years and could now be said to adhere to an established pattern. Once a topic is identified the first step is to investigate whether it will be suited to legislative intervention and, indeed, if the collective will exists for it to be addressed. If these preliminary criteria are satisfied the topic has to be formally adopted by the Conference in Plenary Session. It is then researched by the Permanent Bureau, often with consultation of the member governments, and once this is completed the negotiation and drafting process can begin.
Removal and Retention
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
The title of the Hague Convention refers to ‘international child abduction’, a phrase which resonates in the public consciousness. However, notwithstanding the perception created by the media, the word ‘abduction’ does not accurately correspond with the issues which the 1980 instrument seeks to address. For this reason the body of the Convention employs and distinguishes two different factual actions: removal and retention. Article 12(1) affirms that a child shall be returned forthwith if the removal or retention was wrongful under the terms of Article 3 and, at the commencement of proceedings in the State of refuge, less than twelve months have elapsed from the date of the wrongful act.
Article 13(1)(a): Has the Dispossessed Custodian Consented to or Subsequently Acquiesced in the Removal or Retention?
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
The first substantive reference to consent or acquiescence is found in a series of Working Documents submitted early in the XIV th Session. Attention had hitherto focused on whether an applicant was acting in ‘good faith’ at the time of the alleged breach of custody rights. However this stipulation attracted general criticism. Not only was it held to lack clarity, but certain States doubted whether an individual could act in bad faith if he or she were actually exercising custody rights. A superficial interpretation may lend support to such a finding, yet at the same time it was recognised that a petition for return could be fraudulently motivated, most notably where the dispossessed parent simply wished to harass the abductor.
The Right of a Child to Object to a Return: Article 13(2)
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
The debates surrounding Article 13(2) were without doubt among the most divisive of the XIV th Session. Indeed, the arguments which divided the delegates in 1980, while they may have evolved and been refined, persist to the present day. Moreover, the objection of a child to a return under the Convention must now be seen in the wider context of a child’s right to be heard in contemporary family law. In the years since the adoption of the Child Abduction Convention the legal perception of the child has gradually evolved, in theory if not always in practice.
The Child Abduction Convention in Practice
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
As noted in the Introduction, this chapter does not seek to give an exhaustive commentary on the practical application of the Child Abduction Convention. The aim is merely to provide an overview, although certain issues which are judged to be of particular relevance will be highlighted in greater depth. This approach is intended to complement and consolidate the preceding analysis of the core concepts on which the Convention is based.
Foundations
Authors: Smith Lionel D 
Published: November 2023

Abstract
An employee embezzles funds from his employer, using the money to buy some corporate shares. When the facts come out, can the employer say that the shares belong to it? What if the employee has given the shares away to an unknowing charity? What if the employee is bankrupt, so that his honest creditors have an interest in maximizing the value of his assets? Answering these questions is not as easy as a non-lawyer might expect. It requires an understanding of the law of tracing.
Changes to Personal Property Security Law in Italy: a Comparative and Functional Approach
Authors: Ferrarini Guido 
Published: November 2023

Abstract
In this essay I intend to examine some aspects of Italian law in the field of personal property security, in particular with regard to the use of non possessory security in business financing. One of my purposes is to assess the internal consistency of the Italian legal system as to secured financing and the extent to which it meets the needs of a developed market economy. I will then move on to formulate some proposals as to possible reforms of our legal system which could enhance its economic efficiency and responsiveness to the interests of the business community. In order to make such assessments and proposals I shall look at the Italian legal system from different perspectives; primarily from that of comparative law and, to a lesser extent, from that of economics.
Raising the Small Claims Limit
Authors: Baldwin John 
Published: November 2023

Abstract
In his interim report on the reform of civil justice, Lord Woolf recommends a number of changes to the small claims jurisdiction in this country, by far the most important of which is a very substantial rise in the small claims limit. This move represents the principal means suggested in the report for increasing access to the courts for the ordinary citizen. In this paper, an attempt will be made to anticipate some of the main effects of this change and to assess the difficulties likely to arise when it is implemented. On the basis of his own research on small claims procedures in England and Wales, the writer will argue that Lord Woolf’s proposals do not satisfactorily address the serious practical and empirical problems raised over many years in the small claims literature and may not in consequence provide the enhanced access to justice that is anticipated.
The Role of Legal Expenses Insurance in Securing Access to the Market tor Legal Services
Authors: Rickman Neil , Gray Alastair 
Published: November 2023

Abstract
Since the early 1980s, a desire to curtail public expenditure has encouraged the Government to promote private insurance in a diverse range of markets including pensions, health care, and income and mortgage protection. More recently, a rapid increase in state legal aid expenditure has prompted interest in whether individuals facing potentially large costs if they have to resort to the law might seek expanded protection from legal expenses insurance (LEI).
Time Management and Procedural Reform: Some Organizational Questions for Lord Woolf
Authors: Dingwall Robert , Durkin Tom 
Published: November 2023

Abstract
Many people seem to think that most contemporary legal systems are too slow in dealing with civil matters. The lethargy of the process is said to lead to expense which prevents people obtaining adequate redress for their grievances or resolution of their disputes. Ordinary men and women do not have the means to risk using the system. Even corporations and states are beginning to bridle at the outlays involved. One of the solutions endorsed by Lord Woolf and others is that the court should take control of the timetable of litigation rather than leaving this in the hands of the parties. A stable, predictable and strictly enforced schedule will concentrate everybody’s minds, increase efficiency and reduce costs.
Violent Racism and Policy Formulation (1981-4)
Authors: Bowling Benjamin 
Published: November 2023

Abstract
1981 marks a rurning-point in the history of the state response to violent racism. As the central government Inter-Departmental Racial Attacks Group commented in 1989, ‘ the 1981 Home Office study, with the advantage of its official status, put racial attacks on the political agenda for the first time’ (Home Office, 1989: I). In November 1981, the Home Secretary, William Whitelaw, announced that ‘ racially motivated attacks’ were ‘ wicked crimes’ , that were ‘ more common than we had supposed’ and had not been recognized before simply because of a ‘ lack of reliable information’ (Home Office, 1981). Until then, as the problem did nor exist, there was no publically stated police or government policy to deal with it (Witte, 1996). Within two years, this situation had changed fundamentally.
Punitive Damages
Authors: Mcbride Nicholas j. 
Published: November 2023

Abstract
Those who favour or oppose the award of punitive damages by the common law courts face a common problem. Those who favour such awards being made do so because they can see that there is some reason for such awards being made. But the question can be immediately put: is this rea-son a good enough reason to justify on its own making an award of punitive damages? For example, the Law Commission favours making awards of punitive damages where ordering a defendant to make compensation to the victim of his wrong would not be enough to deter others from such wrongdoing in future. But is this a good enough reason to justify on its own making an award of punitive damages? What makes anyone think that deterring people from committing breaches of their obligations is a legitimate function of the common law or the law in general? Similarly, it can be suggested that awards of punitive damages could be justified where they have the effect of preventing someone enriching himself by committing a wrong to another. But is this a good enough reason to justify on its own making an award of punitive damages? What basis is there for the belief that people who gain wealth by wronging others should have their enrichment stripped from them? Those who oppose awards of punitive damages being made do so because they can see that there are any number of reasons for not making such awards.
Weakening the Strong: Banks and Secured Lenders
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
A large scholarly literature attributes considerable economic and political power to banks. They do not simply collect deposits and make loans, so the argument goes, but help to co-ordinate investment, influence markets, and shape the overall direction of economic development. Mintz and Schwartz, for example, argue that:”... a substantial proportion of the discretionary decision making of the most significant enterprises in our economy is conditioned by decisions made by the leadership of financial companies” (Mintz and Schwartz 1985: 70).1 They go on to claim that banks exert themselves most vigorously during corporate bankruptcies, when they can dominate a creditor’s committee and shape the reorganization of troubled firms: “ ... chapter 11 bankruptcy is a legally mandated form of bank control involving the subordination of corporate policy to bank dictation” (Mintz and Schwartz 1985: 83). In their view, bankruptcy is a crucial setting for the exercise of bank power.
Introduction
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
Saving companies through redistributions of property rights demands expertise. To obtain this expertise frequently upsets the professional division of labor. New opportunities and threats arise for professionals. These not only affect the allocation of work to professionals, but that allocation itself ultimately influences the exercise of property rights. Significant changes in the distribution of property rights therefore precipitate struggles over the demarcation of occupational terrains to produce a complex reconstruction of jurisdictional rights a redrawing of boundaries and allocations of work.
Risk Discourse
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
In Part I of this book our critical review of research on policing pointed to many features of risk society. What is required now, in Part II, is a more thorough, abstract, and systematic examination of risk society. We first consider the characteristics of risk as a discourse of governance and examine how risk is materialized in forms of bureaucracy and surveillance. Then we investigate how major institutions organize and govern within the framework of risk discourse, in which the example of insurance is used to illustrate the institutional logics and practices of risk management. Consideration is also given to ways in which communication technologies and the processes influencing the reorganization of professions articulate with the institutional production and management of risk. Social changes occurring in the context of risk discourse, institutions, technologies, and professions are outlined. Finally, we relate our analysis of the risk society, and our earlier explorations of policing within it, to the research questions that will guide our empirical inquiry in Parts III, IV, and V.
Territorial Communities
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
In chapter 3 we outlined the ways in which community policing is an official discourse that constitutes changing mentalities, sensibilities, and practices in risk society. In this chapter we show that the tracing and mobilizing of territories exists within the ambit of this discourse and in turn helps to constitute it. As community policing discourse suggests, the police do join with partners in other institutions to make up communities.
Identities
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
A directory of social services produced and distributed by a police organization includes the following ‘long range objective ‘: To promote a professional police image by demonstrating impartial service to the law, and by offering service and friendship to all members of the public without regard to gender, race, religious beliefs, ancestry or place of origin. ‘ This objective is proper for a public institution dedicated to consensus and order. However, it also represents one of the ‘impossible mandates ‘ (Manning 1977) typically set for the police, for it requires the police to be agents of a cultural coherence that does not exist. The police are no more able to sustain cultural coherence than were the anthropologists who originally devised that notion after studying the Zande. As it turned out, the Zande comprised twenty culturally distinct groups and spoke eight languages.
Communication Formats
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
Communication formats are incorporated into the medium of official police forms. Forms vary from being blank and thus open for a narrative report, to being entirely restricted to fixed-choice categories that are pre determined by requirements for risk analysis. The knowledge available in a report depends on the format used and therefore is always secondary to the format. Formats provide for the selection, transmission, and reception of knowledge. They govern how knowledge is conceived, recognized, and communicated as a capacity for action.
Conclusion
Authors: Murphy W T 
Published: November 2023

Abstract
Critique, cynicism, and a somewhat ambiguous notion of simulation can be deployed to insinuate (through a collection of anecdotes, coun terfactual instances, and so-called ‘thought-experiments’) that ‘beneath’ the plurality of systems or frames which configure the shape of modern society is ‘something else’ which variously resists, refuses, appropriates, plays-’lives’, a kind of pre- or anti-sociological version of Foucault’s great Unsaid which only the foolish would suppose they could raise up to rational or articulate speech. In some areas, especially in anthro pology, the problem this presents to theory acquires explicitly ethico political inflections. More generally, the somewhat negative projects which emerge at this point make strategic use of phenomena which it used to be convenient to call the traditional or irrational, while explic itly distancing themselves from all projects which assembled the mod ern as the antithesis of the traditional (so that the terms traditional and irrational are dismissed with derision).
Public Service, Market Ideology, and Citizenship
Authors: Harlow Carol 
Published: November 2023

Abstract
The term ‘public service’ possesses two distinct meanings. The first is institutional, focusing on the personnel who operate state-run services. In legal systems where public and private law are strongly demarcated (such as France), this typically involves a special regime of employment law. Although this is the meaning on which the chapters of this book largely focus, as a public lawyer I have to admit that it is tangential to my concerns. True, the law of public service has come to occupy a significant space within public law. The jurisprudence on which it is largely founded has contributed many of the general principles of administrative law.
Jurisdiction
Authors: Amerasinghe C F 
Published: November 2023

Abstract
24.According to Article II of the Statute of the Tribunal: No … application shall be admissible, except under exceptional circumstances as decided by the Tribunal, unless … the application is filed within ninety days after … receipt of notice, after the applicant has exhausted all the remedies available within the Bank group, that the relief asked for … will not be granted.26.Article II, paragraph 2(1), of the Statute of the Administrative Tribunal provides, in part: No … application shall be admissible, except under exceptional circumstances as decided by the Tribunal, unless … the applicant has exhausted all other remedies available within the Bank Group …Staff Rule 9.01, paragraph 2.01, provides that staff members requesting administrative review must do so no later than ninety calendar days after being notified of the administrative decision being challenged.