bluuebunny/crossref_metadata_2025_split huggingface dataset:
Jurisdictional Issues in Relation to European Community Rights
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
In this chapter, the jurisdictional rules concerning the infringement of European Community rights, and other disputes in relation to such rights, will be considered. The Community rights in question are trade marks, designs, patents and plant variety rights. The most developed jurisdictional rules are to be found in the area of Community trade marks, and, it has been proposed that what has been adopted there should operate as the model for designs and is likely to be the model for patents. Accordingly, the discussion will start, and deal in most detail, with trade marks.
Choice of Law Elements in the Intellectual Property Conventions
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
Intellectual property rights have been regulated internationally by many Conventions. These Conventions are the obvious places to start the search for choice of law rules. They might contain a harmonised uniform set of rules for the protection of intellectual property rights. It will soon become clear that such a system, that removes the need for choice of law rules, never was a realistic goal for the draftsmen of these Conventions, but maybe the Conventions contain choice of law rules or elements that may facilitate the choice of such rules. When the Conventions deal, for example, with the exclusive rights that are granted to the patentholder, they might, in the absence of a single harmonised rule that covers this substantive point, contain a rule which decides which national patent law will decide which exclusive rights the French owner of a German patent will receive when he applies in Germany on the back of his original French patent.
Preliminary Remarks
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
The first two stages of a private international law case, ie jurisdiction and choice of law, have already been examined. There is, though, a third stage, namely that of the recognition and enforcement of the judgment. It may be possible to enforce the judgment in the State in which the action was brought, but where this is not possible it is necessary to recognise and enforce the judgment in some other State in which the defendant has assets.
The Law of Defamation
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh 
Published: October 2023

Abstract
The law of defamation is notoriously complex. Although it is not easy to summarize its rules in a few pages, a short statement of English libel law is necessary in order to appreciate its impact on the various branches of the media which we describe in the following chapters. Exposition of these principles is particularly difficult at the time of writing (the summer of 1996), as some aspects of the law have recently been amended by the Defamation Act 1996. Some of the reforms contained in this measure are significant, particularly in the context of defamation procedure; they are referred to in this Chapter at the appropriate point. But they do not alter the main principles of the substantive law of libel. This Chapter also explains how the law and procedure in Scotland differ from those in England.
Legal Services and the Alternatives: The LSE Tradition
Authors: Glasser Cyril , Harlow Carol 
Published: October 2023

Abstract
It is perhaps not surprising that the LSE and its Law Department have had a long connection with the subjects of access to justice and the provision of legal services for the community. From the School’s beginning, in addition to the teaching of core subjects such as contract and tort, teachers at the LSE introduced students to other topics, such as industrial law, which dealt with the application of the law to everyday life. Members of the Law Department have always been interested in, and closely connected with, the legal aspect of work being carried out by economists and social scientists on social policy issues in order to provide practical solutions to political questions. The combination of theory and pragmatism, which has always been a hallmark of the School’s approach, has been perfectly suited to the liberal outlook of so many of the LSE’s law teachers.
Access to Justice—Towards the 21st Century
Authors: Zander Michael 
Published: October 2023

Abstract
It seems appropriate in a centennial lecture in the approach to the miUenium to attempt to paint on a large canvas. The topic I have chosen embraces a great array of major issues any one of which could itself be the subject of a lecture. In the past twenty to thirty years a vast literature on these issues has developed. A lecture is a very inadaquate way to treat so rich and complex a subject.
Constitutional Problems Involved In Implementing The Uruguary Round In Japan
Authors: Lwasawa Yuji 
Published: October 2023

Abstract
The Uruguay Round of multilateral trade negotiations were concluded in 1993 after more than seven years of intensive discussion. It was a bold Round; the topics for negotiations included new areas which had not been dealt with by the General Agreement on Tariffs and Trade 1947-services, Trade-Related Intellectual Property, and Trade-Related Investment Measures-and the areas which had given exceptional treatment under GATT 1947-agriculture and textiles. The number of participating countries in the Round was far greater than that for the Tokyo Round. The organizational structure of the GATT was reviewed, and a new inter national organization called the World Trade Organization was eventually created. The implications of the Uruguay Round for the world economy, including the economy of Japan, is enormous.
Implementation of the Uruguay Round Results in the United States
Authors: Leebron* David W 
Published: October 2023

Abstract
The Uruguay Round of multilateral trade negotiations constitutes one of the most ambitious efforts at international lawmaking and institution building since the establishment of the United Nations, and it is at least arguably the only one of such efforts that was fully and promptly implemented by the United States. In this context, it is hardly surprising that the implementation of the results by the United States was both controversial and complex. Between the 1979 completion of the Tokyo Round and the completion of the Uruguay Round, international trade agreements had moved from obscurity to front page news and political drama in the United States. Not only was the substance of the agreements attacked, but also the procedure for their implementation in the United States.
Implementation Of The Results Of The Uruguay Round Agreements: Korea
Authors: Chung* Moon-Soo 
Published: October 2023

Abstract
The Uruguay Round has never been popular in Korea and the Korean Government was a reluctant participant throughout the negotiations. The results of the Uruguay Round, in particular those concerning agricultural products, were met by a national uproar and demonstrations against ratification. The Government was blamed for poor negotiations. Partly due to the Government’s all-out campaign, but arguably due more to the reality of a fait accompli, the Uruguay Round agreements passed through the National Assembly on 16 December 1994, followed by the Presidential ratification on 23 December 1994.
Questions and Comparisons
Authors: Jackson John H , Sykes Alan O 
Published: October 2023

Abstract
Each of the papers in this volume reflects a different perspective on the relationship between national legal systems and international economic law. Although the authors considered a common set of questions, the resulting papers exhibit considerable diversity on many fronts. For example, in some of the papers, issues relating to federalism and ‘subsidiarity’ receive great attention. In others, the relationship among branches of government at the central government level were more important. Some of the papers exhibit much concern for the status of the international accords in domestic law and the question of ‘direct applicability’ or ‘invocability’. For still others, the focus is more one of administration, and with the massive task of conforming domestic law to the detailed requirements of the World Trade Organization.
The Location of Legal Theory
Authors: Luhmann Niklas 
Published: October 2023

Abstract
Theoretical exercises are nothing unusual in the world of law. Legal theories of the most diverse kind have been developed in both the traditions of Roman civil law and the common law. This has been due in part to the needs of legal education and in part to those of legal practice, with the latter ultimately becoming more important. Initially it was the arguments used by the parties in legal proceedings that were focused on, but later the major concern came to be the reasons for judicial decisions and, in this context, their consistent usage in courts. Experience of cases and concepts had to be processed and stored for further use. This need for processing and arranging has a double structure, as we shall analyse in detail below. On the one hand, concepts and theories have had to be condensed in such a way as to keep their identity while being processed.
The Function of Law
Authors: Luhmann Niklas 
Published: October 2023

Abstract
What is the function of law? This question is asked here in relation to the social system. In other words, we are concerned with the question of which of the problems of the social system are solved by differentiating specialized legal norms and arriving eventually at the differentiation of a specialized legal system. Asking the question in this way excludes asking, in particular, psychological and anthropological questions. Rejecting them does not mean that they are wrong. Their problem, however, is that, empirically, people exist only as individuals and that general statements about humankind, consciousness, and person are difficult to test. In contrast, ‘society’ means here a concrete, even if highly complex, single system which exists through ongoing communications and which can be observed empirically. Therefore we do not have to make and verify statements that could be generalized by an immense number of different systems.
Justice, a Formula For Contingency
Authors: Luhmann Niklas 
Published: October 2023

Abstract
The unity of the legal system is given first of all within the legal system by the form of its operative sequences, which reproduce the system autopoietically. These operations can observe their affiliation with the system, that is, distinguish between system and environment. This distinguishing is an instantaneous self-reference, that is, a designation of the system in an instant, which designates itself in contrast to everything else.
However, designating itself in this way, as a legal-system-in-an-environment, is too complex to be captured in a fully conscious way, not least because it is done by operations in a temporal sequence. The circle of self-reference, which exists with each operation, has to be repeated from moment to moment. It unfolds into a linear infinity of never-ending operations of the same system. In this way too the system refers to itself and appears as a self-referential system with operative self-references copied into it.
Doing Justice to Difference
Authors: Hudson Barbara A 
Published: October 2023

Abstract
During the 1980s sentencing reforms were enacted in the USA, Sweden, Canada, and Australia, and in England and Wales with the Criminal Justice Act 1991, which, broadly, followed the ‘desert’ or ‘justice’ model of penal policy. The reforms were designed to secure greater consistency of sentencing through adherence to the principle of proportionality of severity of punishment to seriousness of the current offence.
Lawyers and the Limits of Liberalism: the German Bar in the Weimar Republic
Authors: Ledford Kenneth F 
Published: October 2023

Abstract
On Saturday, 22 April 1933, members of the lawyers’ chamber for the Court of Appeal district of Celle convened in Hannover for a special meeting to elect a new Executive Board (Vorstand). This extraordinary and irregular assembly met at the order of the Prussian Ministry of Justice in Berlin, which since 30 January had fallen under the control of the National Socialist party. The sitting Executive Board had on 3 April refused the Ministry’s demand to resign en masse, and it had further declined to accept the tendered resignation of its single Jewish member, ‘in consideration of [his] long years of meritorious service’.
Detention for Questioning in England and Wales
Authors: Dixon David 
Published: October 2023

Abstract
A central argument of this book is that legal regulation and policing practices are inextricably entwined: their relationship is interactive, one cannot be understood without the other. This theme will be explored in this and the following chapter through examining in some detail the relationship between a key policing practice-detention for questioning-and its legal regulation in two jurisdictions, England and Wales and New South Wales.1 In each case, historical analysis will be followed by consideration of research into current policing practices. This comparison focuses on how two jurisdictions which began from the same legal basis (the common law’s insistence that an arrested person should be taken without delay before a magistrate, thereby effectively proscribing custodial interrogation before charge) developed differently in providing legal powers to the police. The analyses begin with discussion of crucial cases in which the legality of detention for questioning was considered.
Silent Suspects and Police Questions
Authors: Dixon David 
Published: October 2023

Abstract
The Criminal Justice and Public Order Act 1994, section 34, permits courts and juries in England and Wales to ‘draw such inferences ... a,s appear proper’ from a suspect’s failure to mention to a police officer investigating an offence a fact relied upon in his or her defence. In other words, it severely restricts the right to silence during police questioning. The caution is transformed from warning to threat,2 and its implications go beyond the specific legal provisions on which it is based. With some significant judicial support, senior police officers had campaigned for such a change in the rules of evidence for almost thirty years.
Legality, Regulation, and Policing
Authors: Dixon David 
Published: October 2023

Abstract
Even the least event had lines, all tangled, going back into the past, and beyond that into the unknown past, and other lines leading out, also tangled into the future. Every moment was dense with causes, possibilities, consequences (Malouf 1990: 296). This final Chapter begins with discussion of how the practices and forms of law and policing intersect. The second section goes on to discuss the limits and possibilities of the legal regulation of policing.
International Law Concerning Child Civilians in Armed Conflict
Authors: Kuper Jenny 
Published: October 2023

Abstract
Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, or observed. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference to recent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large body of law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.
The Law in Practice: Three Conflicts
Authors: Kuper Jenny 
Published: October 2023

Abstract
As mentioned in Chapter 1, the object of this book is not simply to describe the international law regarding child civilians in armed conflict, and those bodies and fora involved in its implementation. Such an exercise, while of some value, is like assembling the components of an engine without seeing how it functions. The concern here is to see how the ‘engine’ can best be mobilised. Accordingly, a further objective of this book is, in this Chapter, to attempt to assess the effectiveness of the relevant law, and, in Chapter 8, to make recommendations to enhance its effectiveness if this seems appropriate and possible.
Against Legal Principles
Authors: Alexander Larry , Kress Ken 
Published: October 2023

Abstract
Conventional Anglo-American jurisprudential wisdom accords legal principles central and even honorific status in determining how legal reasoning does and ought to proceed, and how cases are and ought to be interpreted and adjudicated. Reference to legal principles permeates both philosophical commentary on and doctrinal discussion of law, interpretation, and adjudication. Indeed, reference to legal principles is a staple of the instruction of law students and of the arguments of practising lawyers. For many-including Ronald Dworkin-rules in effect drop out of the picture, leaving the field to principles. Just as the nineteenth-century physicists invoked the ether to explain past observations and predict future ones, traditional legal reasoning and theories of interpretation invoke legal principles to explain the outcomes in past cases and to justify conclusions about how future cases should be decided. And like the invocation of the ether, the invocation of legal principles is misguided. Traditional theories of interpretation and legal reasoning, and the jurisprudential theories that build upon them, rest on a fundamental mistake. So, at least, we shall argue.
Enfants Trouvés, Anonymous Mothers, and Children’s Identity Rights
Authors: Donovan Katherine O’ 
Published: October 2023

Abstract
In this paper I bring together two areas on which Brian Simpson has written so elegantly: legal history, and human rights. The history of abandonment shows a movement from charitable concern in the Middle Ages, to the criminalization of parents since the early modern era. Today the language of human rights enters a space, somewhere between crime and welfare, in discussions of children, and of the parents who abandon them. We are more likely to speak of the rights of the child. Specifically the language of identity rights may be used in discussion of the abandonment of small children. Concern focuses not so much on protecting life, as on the child’s loss of knowledge about genetic family and kin.
Environmental Rights in the European Union-Participatory Democracy or Democratic Deficit?
Authors: Douglas-Scott S 
Published: October 2023

Abstract
It might have been thought. at the signing of the original Treaty of Rome in 1957. that the new European Economic Community as it then was, would be an unpromi ing forum for the protection of environmental rights. The EEC Treaty. as originally drafted. contained no provisions. explicit or otherwise, regarding the environment. nor any reference to human rights. These factor . however, have not deterred the European Union (EUJ. as it has now become. from developing considerable competence in the field of environmental law’ strongly influenced by the European Court of Justice·s case law in this area. However, the translation of these competences into the language of rights has. notwithstanding the European Union·s claimed observance of human rights.’ been less transparent.
Environmental Rights and the New South African Constitution
Authors: Glazewski Jan 
Published: October 2023

Abstract
The 27th of April 1994 was a historic day in South Africa with the adoption of its first democratic Constitution. It is a complex and lengthy document-the result of long and protracted negotiations at Kempton Park, Johannesburg where it was agreed that this would be an interim constitution in place for five years during which time a final constitution would be drafted. The new Constitution marks a departure from the Westminster model of parliamentary sovereignty on which the South African constitutional structure has traditionally been based. It is replaced by a constitutional model where executive and legislative power are subject to norms laid down in an entrenched Bill of Rights.
Practical Human Rights, NGOs and the Environment in Malaysia
Authors: Harding Andrew 
Published: October 2023

Abstract
Malaysia exhibits most of the environmental problems which are typical of many of the developing countries. They include over-logging of primary forest resulting in the destruction of wildlife, soil erosion, and the displacement of native populations (especially in Sarawak, but also in Sabah, Pahang, and elsewhere); air and water pollution from industry and traffic, especially in the Federal Territory of Kuala Lumpur and its urban surrounds/ and the dumping of hazardous waste. The pressure of development all over the country creates many social and economic problems which have important environmental and social causes and effects, such as the displacement of squatters, and the destruction of longestablished livelihoods. Malaysia’s unprecedented economic growth over the last twenty years has exacerbated rather than relieved these problems. However, the object of this chapter is not to lament the lamentable, but to discover whether there is a meaningful linkage between human rights and the environment which has any potential in the developing countries of the Commonwealth and beyond.
Constitutional Environmental Rights m Brazil
Authors: Fernandes Edesio 
Published: October 2023

Abstract
In 1988, an intensive world-wide campaign was orchestrated by the international media concerning the deforestation of the Amazon region. Although internal mobilization in Brazil was less significant, the conservationist organizations already existing in the country managed to take advantage of the situation to increase the degree of social awareness not only of the question of the Amazon, but also of environmental issues in Brazil more generally. It was undoubtedly as a result of such a combination of pressures that, for the first time, the constitutional Congress approved a whole chapter dedicated to the environment in the 1988 Constitution. Together with several other related constitutional precepts and the already large body of existing legislation, this has provided a remarkably improved legal framework for environmental action, conservation, and preservation in the country.
Islam And Judicial Activism: Public Interest Litigation And Environmental Protection In The Islamic Republic Of Pakistan
Authors: lau Martin 
Published: October 2023

Abstract
Pakistan only recently began to develop a judicially recognized right to a clean environment. In two cases the Supreme Court of Pakistan has held that the constitutionally guaranteed right to life1 includes the right to live in a clean environment.2 Both judgments arise from so-called ·public interest litigation’, i.e., legal action for the enforcement of constitutionally guaranteed rights involving questions pertaining to public interest. Similar to its Indian counterpart, Pakistan’s judiciary has waived the strict procedural rules pertaining to writ petitions for this class of cases.’
Policy Discussion and Conclusions
Authors: Ward Angela 
Published: October 2023

Abstract
The principles of effectiveness and non-discrimination, as yardsticks for testing the legality of national remedies and procedural rules, carries the potential to disrupt an infinite range of national laws. Indeed, it has been argued that Member States are entirely bereft of procedural autonomy, and that domestic procedural rules are only ‘there to serve Community law’.1 It has also been said that these rules apply ‘only in so far as they contribute to the effective application of Community law. Where they do not, they must be set aside.’2