bluuebunny/crossref_metadata_2025_split huggingface dataset:
Harmonization of Jurisdictional and Recognitional Rules: The Istanbul Convention and the Draft EEC Convention
Authors: Fletcher Ian F 
Published: November 2023

Abstract
Since the medieval period in Europe, at the very latest, the phenomenon of cross border insolvency has been an aspect of commercial experience posing special challenges for lawyers and courts alike. Although the magnitude and frequency of the more celebrated international insolvencies of recent years may have exceeded previous historic levels, we should not overlook the continental scale of the economic shockwaves caused by such former calamities as the failure of the Ammanati Banking House of Pistoia in 1302, which furnishes a poignant reminder that today’s problems are anything but new and that the quest for appropriate international arrangements for dealing with them is already some seven centuries old.
Introduction
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
In this book the legitimacy of anti-dumping measures in free-trade areas is discussed. Economists argue that, generally, anti-dumping actions restrict and distort competition. In political terms, anti-dumping measures are biased in favour of a privileged interest-group: the producers. Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. Within regional groupings anti-dumping measures contradict the guidelines of Article XXIV(8)(b) of the GATT. At the same time, they are an exclusive exercise of sovereignty and would seem to protect statehood and arguably other national interests of the importing state. The traditional economic rationale for anti-dumping measures has been the threat of international predation. A pragmatic analysis of the situation led to a somewhat different assessment. With the great increase in transnational commerce, domestic economic policies, laws, and business practices have gained an important extra-territorial impact. In the absence of any international agreement as to which domestic policies and business practices constitute restrictions of trade, anti-dumping laws have evolved as strategic tools to counteract the effects of domestic structural differences and other non-tariff barriers between commercial partners. While anti dumping actions may, indeed, protect statehood, in practice, anti-dumping laws effectively stop the entry of many otherwise reasonably priced imports from exporters incapable of predation.
The International Control of Business Practices other than Dumping
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
Chapter 2 focuses on international legal instruments which aim at regulating restrictive practices of enterprises other than dumping. States have addressed the problem of restrictive business practices from three different angles and there are two types of international instruments. Some instruments are directly applicable to firms while others are exclusively addressed to states. The three approaches to restrictive business practices are outlined in the following paragraphs. First, states have attempted a few times to co-ordinate actions against international cartels and detrimental business practices. Proposals have varied from an international jurisdiction, where central actions would be institutionalized, to modest promises of exchange of non-confidential information, and co-operative consultations. These arrangements exist in bilateral, regional, and world-wide instruments. Multilateral instruments and their application in bilateral agreements will be discussed in this chapter. Specific arrangements contained in free-trade areas and other regional integration agreements will be studied in Chapter 6.
Anti-Dumping Regulation Contravenes the Obligation of National Treatment of the GATT and the NAFTA
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
One of the basic pillars of the GAIT system is the principle of non discrimination introduced during the negotiations of the Havana Charter. The obligation of National Treatment, contained in Article III of the GAIT, and the principle of ‘Most-Favoured Nation’, contained in Article I of the GAIT, constitute respectively the domestic and transnational applications of this principle.’ It is argued in the present chapter that dichotomies between anti-dumping and competition laws infringe the obligation of national treatment of the GAIT, reiterated in Article 301 of NAFTA.
Political, Economic, and Legal Aspects of Free-Trade Areas
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
This chapter focuses on the implications of free-trade areas in international economic law with a special emphasis on anti-dumping measures between member states. It is argued that the right to form discriminatory regional groupings was customary in international law. The GAIT law and the GAIT practice have not seriously changed this essential right of states to ally for security and trade purposes. Article XXIV of the GAIT contains guidelines (rather than conditions) for the realization of ‘trade-creative’ free-trade areas and invites member states to phase out all regulations restricting trade between them, including anti-dumping regulation. In this sense, free-trade areas tend to lean towards customs unions and common markets while reconciling the forces of region alism with the multilateralism advocated by the GAIT.
The Regulation of Restrictive Business Practices within the NAFTA
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
The purpose of Chapter 7 is to compare the national anti-dumping laws of member states of the North American Free Trade Area (NAFTA) before suggesting how, legally, internal anti-dumping laws might be phased out between NAFTA member states. Indeed, the existing system of review of the Binational Tribunal and the new rules on competition contained in NAFTA seem to favour the eventual merging of internal anti-dumping and anti-trust laws. The extraterritorial application of a comprehensive system of competition laws appears to be the only pragmatic alternative to antidumping enforcement. Assuming that societies are willing to lose national sovereignty and other protections.
Implementation of the Chosen Mode/for Regulation of Restrictive Business Practices within the NAFTA
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
Before relying on the extraterritorial application of competition laws, in both models suggested in the previous chapter, states will want to reassure their business communities that they will be treated at least fairly, equally, and according to known and reliable rules. Differences in domestic competition laws would maintain separate national markets, which in turn would facilitate dumping, and reduce the appeal for the phasing out of antidumping measures. It is therefore important to look at national competition laws that are in place to be able to assess the impact of their extraterritorial application.
Introduction & Background
Authors: Cohn Ilene , Goodwin-gill Guy S 
Published: November 2023

Abstract
IN A DECADE THAT HAS SEEN both the end of the Cold War and a record number of United Nations peace-keeping and peace-building missions, tens of thousands of children and youth continue to take part in hostilities in Asia, Europe, Latin America, Africa and the Middle East. The nineties are also distinguished by fresh conflicts, largely ethnic, with new states rapidly proliferating on the international scene, and the hope that inter-state relationships can be based on the rule of law, rather than the rule of power or politics.
Preventing the Recruitment or Participation of Children and Youth in Armed Conflict: Law, Programmes, and Policy
Authors: Cohn Ilene , Goodwin-gill Guy S 
Published: November 2023

Abstract
THERE IS NO SINGLE SOURCE for the international law of the child, which means it must be looked for in specific and general treaties, in the broad field of human rights at both universal and regional levels, in the rules of international humanitarian law, in customary international law and in the law and practice of States. In 1924, the League of Nations adopted the first declaration on the rights of the child, stressing the need for special care and protection. Though followed by a series of similar and related declarations,1 another sixty-five years were to pass before the international community acknowledged the very special status of children, and the desirability of States entering into a treaty on their behalf. The 1989 UN Convention on the Rights of the Child, already ratified by some 144 States, is rightly recognized as a critical milestone in the legal protection of children.
Developing the Protection of Child Soldiers: The Uses of Law and Process
Authors: Cohn Ilene , Goodwin-gill Guy S 
Published: November 2023

Abstract
THE PRECEDING CHAPTERS HAVE ILLUSTRATED both the extent of the problem of child soldiers, and the difficulties in the way of improving protection of children and bringing to an end the practices of child recruitment and participation. The law is not always as clear or as helpful as it might be, and there is an unfortunate tension between legislation, on the one hand, and the practices of governments and non-governmental entities (NGEs), on the other. All areas of the law need upgrading. A significant part of international human rights law is based on the protection of children and young persons up to the age of 18, and this general principle should be central to the interpretation of Additional Protocols I and II and the Convention on the Rights of the Child. So far as recruitment is concerned, however, universal and formal acceptance of 18 as the minimum age is a key objective, and ways to achieve this end are suggested below.
Australia
Authors: Epstein Judd 
Published: November 2023

Abstract
Australia has derived its rules for declining to exercise jurisdiction in civil and commercial matters from the United Kingdom,1 with very minor modifications. In 1988 the Australian High Court declared that Australian courts may exercise a general discretion to decline jurisdiction. The Court, however, rejected the reforms in the United Kingdom and found its own path. The Australian developments in forum non conveniens, while sui generis, fall within the mainstream of Commonwealth law. In other areas of declining to exercise jurisdiction, e.g. lis pendens, foreign jurisdiction clauses, and arbitration clauses, Australia's rules are heavily influenced by decisions in the United Kingdom.
Israel
Authors: Goldstein Stephen 
Published: November 2023

Abstract
Israel does not have separate courts for commercial matters. Nor does Israeli procedural law generally distinguish between civil and commercial matters. Thus in this chapter we will not so distinguish and will consider commercial matters merely as a type of civil matter.
The appropriateness and, indeed, necessity, for a court to have the authority to decline jurisdiction on a discretionary basis is, of course, related to the law of international jurisdiction, i.e., the authority of a State’s judicial system to assert jurisdiction over defendants, of the given State. The greater the international jurisdiction, and, in particular, the more that such international jurisdiction is not based on a significant connection between the transaction or event on which the action is based and the forum State, the greater the need for the courts to have discretionary authority to decline jurisdiction.
Italy
Authors: Trocker Nicolo 
Published: November 2023

Abstract
Expansive contemporary notions of jurisdiction, both to prescribe and to adjudicate, often make it possible for the courts of more than one country to hear a civil dispute. Concurrent jurisdiction causes concurrent litigation.
Differences in procedure and substantive law between available for a give private parties strong incentives to litigate in one country rather than another. ‘Forum-shopping’—it has been said—‘is a dirty word; but it is only a pejorative way of saying that, if you offer a plaintiff a choice of jurisdictions, he will naturally choose the one in which he thinks his case can be most favourably presented: this should be a matter neither for surprise nor for indignation’.
In some cases parties to a civil dispute will find it advantageous to start litigation in the courts of more than one nation, with each party seeking resolution of the dispute in what is perceived to be the forum most favourable to it. Strategies of this kind may assume a variety of forms. There are situations in which one party seeks declaratory relief in one forum and the opponent asks for affirmative relief with regard to the same legal relationship in another forum; and there are situations where the same parties, although in a different position, file the same suit in different fora.
Sweden
Authors: Bogdan Michael 
Published: November 2023

Abstract
This chapter deals, in a summary fashion, with some of the rather exceptional situations where Swedish courts are entitled, or even obliged, to decline to exercise the jurisdiction which they have under the normal Swedish jurisdictional rules. Not all such exceptional situations will be covered: among those omitted it is possible to mention those cases where the defendant enjoys jurisdictional immunity pursuant to the law of nations. Another self-imposed limitation on this chapter is that family law will not be dealt with here, since the nature and scope of the problem is very different in that field.
It must be pointed out that Sweden is a small jurisdiction with relatively few judicial decisions on this point. Together with the lack of comprehensive statutory regulation of the area under scrutiny, this leads to considerable uncertainty as to the state of the law. Many questions remain open and legal writers are often forced to resort to speculation and guesswork.
Why History is Important
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
A brief account of the historical development of the regulation of both mainstream and non-orthodox medicine provides one of the most instructive starting-points from which to analyse the factors which shape regulation. Among the complex, interrelated components which help to determine regulation, historical factors can be particularly significant: the original regulatory system imposed when controls were first established will tend to continue to exert an influence on future patterns of regulation in the same field. The historical approach encourages us to adjust our perspective and to appreciate that modern medicine has only dominated medical practice for the past one hundred years. It also serves to remind us that medical theory is transient, a fact rarely given sufficient weight in the heat of debate.
Regulating Complementary Medicine—Why Now?
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
In this chapter, we shall begin to examine why it is that after years of what could be variously interpreted as either benign tolerance or legislative neglect, regulation for complementary medicine has now become such a topical issue. Today, Britain is at the forefront of European States willing to enact legislation granting official status to certain complementary therapies; in fact, Britain is the only country within the European Union which will soon have three functioning statutory complementary medicine bodies—the General Council of Osteopaths, the General Council of Chiropractors, and the Faculty of Homoeopathy.
Political Factors Impacting on Regulation
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
The outcome of the debate on regulation will be a political compromise in which the Government will have to balance the competing interests of a number of different groups. As Breyer has remarked: ‘There is no scientific discipline of regulation’. Regulators are often recruited from political backgrounds and rarely have specialized regulation expertise. Regulatory mechanisms are therefore infrequently subject to radical innovation or redesign and consequently historical practice along with political and administrative factors will strongly influence regulatory decision-making.
An Overview of Existing Controls
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
In Part I we have attempted to contextualize the regulation debate and to discuss various considerations which we believe will determine regulation. As we have seen, although consumer protection is usually presented as the primary motivation, other interests are at stake, and therapeutic efficacy, whilst important, is not the sole determining factor. We have looked at some of the problems which have already emerged because of the lack of formal regulation, and considered some of the problems which may occur in the future.
Regulation: Aims and Sources
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
In Part I we looked at who wants regulation and why. There, we saw that a variety of reasons account for why practitioners are now seeking formal regulation more vigorously. Whilst all cite protection of the public as their primary motivation, we have seen that many therapies view formal regulation as the only way to protect themselves from medical colonization or even annihilation. At this stage, however, we are less concerned with political and other aspirations of regulation, and more concerned with teasing out how patients’ interests are best served in practice. Much lip-service is paid to protecting the needs of the public, although there is little focused debate as to how this is best achieved in the sphere of complementary medicine.
Legal Controls
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
As we have seen, the general understanding is that complementary medicine is virtually unregulated, the implicit assumption being that this is a dangerous state of affairs. Certainly, with the exception of the Osteopaths Act 1993 and the Chiropractors Act 1994, there is no specific statutory control similar to that regulating other areas of health care, but this does not mean that practitioners operate in a legal or ethical vacuum. We must not overlook the fact that many therapies have a high level of voluntary self-regulation, and have extremely active professional associations with ethical codes and disciplinary mechanisms which have been in place for very many years (although this is not to say that all therapists belong to a professional organization, or that all professional organizations have the necessary infrastructures or power to control members effectively).
Redefining the Role of Ethics
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
We have now explored the major regulatory options. Each has considerable shortcomings in relation to complementary medicine. Although we have looked at how existing mechanisms are applied, or would be applied to alternative therapies, there is an incongruity between the intuitive, fluid nature of many of the therapies themselves and the rigid formalism of legal or legalistic constraints, which rely on quantification, certainly, and proof. All the regulatory options we have looked at are reactive not proactive, tend to concentrate on the negative rather than the positive, and focus on punishment rather than encouragement. We must not fall into the trap of assuming that because, historically, health professionals have relied on these existing models, they are a realistic paradigm for the regulation of complementary medicine. Although statutory self-regulation has characterized health professions in the past, we have seen why this approach is unsuitable for the bulk of complementary therapies.
Ethical Practice and the Individual Practitioner
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
The growth of formalized ethics in health care is, in part, a response to the consumer movement, and an emerging commitment to patients’ rights. In the past, it was tacitly assumed that a professional training, in tandem with the possession of an upright character, was enough to ensure that professionals would act in an ethical fashion. The principle of beneficence, seen as caring for the sick, was assumed to be the overriding feature of the professional relationship, and characterizes the Hippocratic tradition. Whilst securing a patient’s compliance was obviously desirable, it was not seen as a legal or ethical prerequisite, and the means to secure compliance ranged from coercive language and bullying, to the use of the therapeutic lie, were that deemed necessary to protect the patient.
Labour Markets, Employment Contracts, and Corporate Change
Authors: Stone Katherine Van Wezel 
Published: November 2023

Abstract
The decade of the 1980s witnessed a revolution in the practices and theory of the business corporation. The dramatic wave of take-overs, buyouts, mergers, and bust-ups rippled through our institutional and conceptual world, and left behind a new topography of economic and power relationships. At its most immediate level, the wave of corporate restructurings produced unprecedented wealth for corporate raiders, enormous commissions for investment bankers, and substantial gains for many stockholders. At the same time, it left devastation for employees and the communities in which they live.
Organizational Regulation and the Limits of Contract
Authors: Collins Hugh 
Published: November 2023

Abstract
This chapter provides a commentary and critique of the previous contribution by Katherine Stone. Before commenting directly on Stone’s chapter, I should like to stress the importance of the present exciting conjuncture of scholarly traditions. All the contributions in this work traverse boundaries between academic disciplines and between different fields of legal studies. This is a fitting culmination to an intellectual process which has been proceeding apace during the last twenty years or so. Many authors combine the insights of political economy with aspects of company law, the law of contract, and labour law, developing a new contextual subject, which we might call the law of the productive enterprise. This development has occurred as a result of a series of colonizations of the territories of formerly distinct fields of study.
The Prospects of Pension Fund Socialism
Authors: Simon William H 
Published: November 2023

Abstract
Classical political economy portrayed the function of the capitalist class as saving and investing. This is an undeniably important role, and it seemed implausible to the classicists that, in a capitalist society, the great masses of people with minimal assets and barely enough income for current needs could participate in it. The fact that the performance of this socially valuable role entailed a socially regrettable distribution of ownership and income was seen as either a necessary evil or cause for the rejection of the entire capitalist framework of private ownership and market allocation of capital.