bluuebunny/crossref_metadata_2025_split huggingface dataset:
Social Limits to Discretion: An Organizational Perspective
Authors: Feldman Martha s. 
Published: November 2023

Abstract
This chapter is about the social constraints on discretionary behavior. It contrasts with some of the other chapters in this book in that its basis is organizational rather than legal. The actors considered are bureaucrats rather than judges. The fundamental issues are, however, similar. How docs one allow discretion in decision-making without also allowing capricious decision-making? How can decisions be responsive to the relevant features of a context without being ad hoc, unsystematic, or incomprehensible? In any context there arc individual as well as social constraints to discretion. Individuals have ways of thinking and values that constrain their decisions. In the literature on discretion, however, one of the primary concerns has been the lack of control over behavior that is subject only to the internal constraints of the individual and that is not subject either to formal rules and sanctions or to direct supervision. This concern stems from the belief that without such constraints autonomy is absolute. The literature from organization theory, however, provides a way of thinking about the intersection between decision-making and social processes that allows us to understand that such decision-making is subject to social control.
Medical Discipline
Authors: Smith Russell G 
Published: November 2023

Abstract
This book considers whether or not the General Medical Council's professional conduct jurisdiction acts fairly and justly when dealing both with doctors whose conduct it controls, and members of the public whose interests it was established to protect. By looking at the legal history of the Council since its inception in 1858 until the present, it is possible to see how the system of medical discipline in Britain developed, to reveal its present anomalies and problems, and to see how best to improve the system, if, indeed, such a system is worthy of preservation. Questions such as the role of lay members on the Council, the use of lawyers and Legal Assessors in hearings, how medical issues are resolved and standards of conduct set for the profession, are all considered. Over 2000 disciplinary cases are then surveyed in terms of the type of allegations made, what sort of doctors are involved, and how they are dealt with. Detailed suggestions are finally made for improving the system.
The European Convention on Human Rights in the British Courts: Problems Associated with the Incorporation of International Human Rights
Authors: Clapham Andrew 
Published: November 2023

Abstract
The aim of this Chapter is to show three things. First, that the European Convention on Human Rights (‘ECHR’) has, to some extent, already been used by judges in the United Kingdom prior to the entry into force on 2 October 2000 of the main provisions of the Human Rights Act 1998. Second, that incorporating an international treaty need not involve a complete abdication of sovereignty to the judiciary. Third, that if one does consider incorporating an international human rights instrument there are a number of pitfalls which ought to be addressed in the incorporating legislation.
And Some Have Bills of Rights Thrust Upon Them: The Experience of Hong Kong’s Bill of Rights
Authors: Byrnes1 Andrew 
Published: November 2023

Abstract
The brutal scenes of the suppression of the pro-democracy movement in China in early June 1989 were seen around the world, where they elicited shock and disappointment at the loss of what might have been. However, there was perhaps nowhere outside the People’s Republic of China (PRC) itself where the impact was felt more intensely than in Hong Kong, the British Crown colony taken from Qing China in the Opium War of the 1840s and destined to revert to the PRC just 8 years after the events of the fateful summer of 1989.
The Impact of a Bill of Rights on the Role of the Judiciary: A Canadian Perspective
Authors: Sharpe Robert j. 
Published: November 2023

Abstract
The amendment of the Canadian Constitution in 1982 to include the Charter of Rights and Freedoms brought about a fundamental change to Canadian law and politics. Many important public issues formerly within the exclusive preserve of legislative authority are now subject to judicial review. Constitutional litigation has become an important tool used by interest groups to advance their political ends.
The Cyprus Question and the Turkish Position in International Law
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
The Cyprus Question has been and remains one of the more intractable problems in world affairs. This important book-first published in 1989-differs from the many other writings on the subject by setting out the Turkish (rather than the Greek) case. It is written principally from a legal standpoint, but also uses significant historical, political, and diplomatic sources. The newly revised second edition includes an up to date chronology and a new postcript incorporating the many new developments which have taken place since the book was originally written in 1988, including a large number of diplomatic negotiations, and intergovernmental conferences and exchanges. The book also deals with the current efforts to find an agreed settlement through the good offices mission of the UN Secretary-General, and the present position of the parties.
Public Law In Israel
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
The origins of this work lie in an attempt by Israeli lawyers to describe and analyse the remarkable efforts of the Supreme Court of Israel to intervene in all kinds of government actions on behalf of basic civil rights and the preservation of the rule of law. Working essentially with the basic English common law tools of constitutional and administrative law, and without the aid of a written Bill of Rights, The Supreme Court recognized that Israel's special political and social realities warranted an extraordinary judicial vigilance. This work charts this remarkable development and offers an insight into a system which is arguably among the most developed in the common law world.
Probationary Appointments
Authors: Amerasinghe C F 
Published: November 2023

Abstract
A Probationary period is generally required by the Staff Regulations and Staff Rules of international organizations for almost all of the different kinds of appointments, whether they are, for example, permanent, regular, or fixed-term. Thus, the Staff Rules of WHO made any appointment of one year or more subject to a period of probation, irrespective of the type of appointment. The Staff Regulations of the EEC stated that officials other than those in Grades Al and A2 must serve a probationary period before they could be established.
Transfer and Reassignment
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Provision is generally made for the transfer or reassignment of staff members in the Staff Regulations and Staff Rules of international organizations. However, these vary in detail and specificity. Thus, the UN Staff Regulations provide in very general terms that: ‘Staff members are subject to the authority of the Secretary-General and to assignment by him to any of the activities or offices of the United Nations. ‘ The Staff Rules do not elaborate significantly on the rules governing assignment which is referred to in this Regulation. In the case of the Council of Europe the Staff Regulations are also very general and merely state that the Secretary General ‘shall assign each staff member, in the interests of the service, to a post in his category corresponding to his grade.’ The Staff Regulations of the European Communities are somewhat more elaborate but only marginally so. These provide principally in Article 7(1) that: ‘The appointing authority shall, acting solely in the interest of the service and without regard to nationality, assign each official by appointment or transfer to a post in his category or service which corresponds to his grade.’
Promotion
Authors: Amerasinghe C F 
Published: November 2023

Abstract
The Staff Regulations and Staff Rules of most organizations contain provisions on promotion of staff members after they have joined the service of the organizations. Some organizations have fairly detailed provisions, while other have less detailed provisions. In the case of the UN Staff Regulation 4.2 states: ‘The paramount consideration in the appointment, transfer or promotion of the staff shall be the necessity for securing the highest standards of efficiency, competence and integrity.’
Structural Salary Adjustments and Salary Scales
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Salaries may be adjusted structurally by international organizations. The reasons for such adjustments are generally changes in the cost of living, competitiveness, and such factors. Adjustments for such reasons are different from increases for merit or for satisfactory performance and are generally treated separately by institutions. The establishment or change of salary scales is a related subject. International administrative tribunals have had to deal with disputes relating to both these subjects. Much of the case law has concerned the interpretation of Staff Regulations but there has been a good deal which has discussed certain applicable general principles.
The Right of Association
Authors: Amerasinghe C F 
Published: November 2023

Abstract
The right of the staff of international organizations to associate featured in a way in the very first case that was presented to the UNAT in 1950 soon after its creation, 1 in so far as the locus standi of the UN Staff Association before the UNAT and the rights of that Association in respect of cases brought before the UNAT was raised as an issue. Subsequently there have been many cases brought before international administrative tribunals in which this right of association has been the subject of litigation in one form or another. The right of the staff of international organizations to associate has often been canvassed strongly by the staff itself and, moreover, it would seem that tribunals have tended to regard this right as of considerable importance, even though they have not always agreed with the views presented by the staff and their Associations.
Freedom of Thought, Conscience, and Religion
Authors: Cumper Peter 
Published: November 2023

Abstract
The struggle for religious liberty in the international arena can be traced back to the battles of the sixteenth century, and possibly even to the Roman Empire. However it was not until the twentieth century that religious liberty finally attained positive recognition in international human rights instruments. Today, in addition to Article 18 of the International Covenant of Civil and Political Rights (ICCPR), freedom of religion is guaranteed in Article 18 of the Universal Declaration of Human Rights 1948 (UDHR), Article 9 of the European Convention on Human Rights (ECHR), Article 12 of the American Convention on Human Rights 1969 (ACHR), Principle VII of the Final Act of the Helsinki Conference on Security and Co-operation in Europe 1975, Article 8 of the African Charter on Human and Peoples Rights 1981, and Article 14 of the 1989 Convention on the Rights of the Child.
Freedom of Association and Trade Union Rights
Authors: Ewing K D 
Published: November 2023

Abstract
The right to freedom of association is wide-ranging and hotly contested. It is an essential feature of (liberal or social) democratic society, ‘protecting individuals from the vulnerability of isolation and ensuring the potential of effective participation in society’. As such freedom of association has been recognized in United Kingdom law in the same way as many other so-called human rights or fundamental freedoms, in the sense that people have been free to associate with others and to promote the interests of the association, provided that their action in doing so was not otherwise restricted by law (statute or common law).
The Frontiers Of Liability
Authors: Birks P B H 
Published: November 2023

Abstract
The 'Frontiers of Liability' is the title of a series of high-level seminars held in All Souls College, Oxford during 1993 and 1994. Drawing together top academics, practitioners and judges, these seminars have sought to identify current trends in English law and have provided a forum for experts to give their assessment of how the law will develop in the future. The papers produced for the first four seminars were reproduced in volume 1 of 'Frontiers of Liability'. The next four seminars and the comments made by the distinguished rapporteurs are reproduced in this volume. These essays will be of interest to anyone concerned with international sales, the law of contract, tort and restitution, and equity and trusts.
A Note of Caution
Authors: Reynolds F M B 
Published: November 2023

Abstract
The above question from a letter to The Times actually concerns the Rome Convention on the Law Applicable to Contractual Obligations, which is now operative in this country by virtue of the Contracts (Applicable Law) Act 1990. It does not however seem inappropriate to cite it in the present context of the international sale of goods. For although the starting point for the solution of a problem in sale of goods in English law is not in fact judge-made law but the Sale of Goods Act 1979 (actually of course an Act of 1893), as regards international sales the provisions of the Act have almost all been overlaid by special law developed by means of judicial decision.
The Element of Discretion
Authors: Gardner * Simon 
Published: November 2023

Abstract
This paper begins by noting the essential characteristics of remedial constructive trusts, as they are used by the Canadian and also the Australian courts. It finds that one of these characteristics (the one which ostensibly differentiates them from institutional constructive trusts) is the fact that their incidence lies in the discretion of the court. To date, the discussion of remedial constructive trusts, whether judicial or academic, has not given much focused thought to this feature of them. This paper aims to make a start in this direction. It therefore continues by developing some perceptions about the phenomenon of discretion in general. Armed with these perceptions, it finally returns to consider whether the reliance upon discretion in remedial constructive trusts is whole some.
Self-Determination and National Minorities
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
The concept of self-determination has played a very important role in the shaping of the international community in the nineteenth and twentieth centuries. It is closely linked in a number of different ways to the status of minorities and minorities frequently make claims to self-determination as a right for themselves. This meticulously researched book explores the relationship between self-determination and minority rights in international law. It is highly detailed in its treatment of the subject, discussing very recent events, such as the atrocities in the former Yugoslavia, in a valuable historical context. His analysis of the issues provide the reader with a significant clarification of the legal issues involved, especially since the establishment of the UN and the development of international norms of human rights. As such, the book will hold particular appeal for all those who are interested in international law and politics, as well as students of modern history wishing to be informed on this hotly debated issue.
The UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law: a Comparison
Authors: Bonell Michael Joachim 
Published: November 2023

Abstract
The year 1994 marked a turning point for two remarkable projects in the field of contract law. It was in that year that the Governing Council of the International Institute for the Unification of Private Law (UNIDROIT) gave its imprimatur to the publication of the Principles of International Commercial Contracts (‘UNIDROIT Principles’),1and the Commission on European Contract Law concluded its work on the first part of the Principles of European Contract Law (‘European Principles’).
Eight Principles of European Contract Law
Authors: Lando Ole 
Published: November 2023

Abstract
On a summer evening in 1974 I had dinner with a prominent official in the European Commission, Dr Winfried Hauschild. Dr Hauschild was then assisting the working group that drafted what later became the Rome Convention on the Law Applicable to Contractual Obligations. We dis cussed whether the planned ‘choice of law’ rules would establish the uniformity necessary for an integrated market.
The Nature and Transfer of Rights in Dematerialised and Immobilised Securities
Authors: Goode Roy 
Published: November 2023

Abstract
The last thirty years have witnessed dramatic changes in the structure and organization of securities markets. Among the factors which have driven these developments are:
a huge expansion in the amount of capital sought to be raised on the market
a desire to promote cross-border investment and trading in securities
the requirement for an efficient system of distribution among major investors
Regulation: After ‘Command and Control’
Authors: Baldwin Robert 
Published: November 2023

Abstract
Just one of Don Harris’ contributions to the development of socio-legal studies has been his work on different methods of providing compensation and support for illness and injury (see Harris et al.,1984). Such research has manifested a concern that administrative and legal mechanisms should be tested for their appropriateness to particular tasks and a belief that the way such mechanisms operate on the ground should be a focus of attention. Echoing such interests, this chapter looks at different methods of controlling industrial or social activities and looks, in particular, at the potential of new regulatory techniques-techniques that can be contrasted with what might be called ‘old-fashioned command-and-control’ regulation. I begin by outlining the command-and-control method and its supposed problems. The alternatives to command and control are then reviewed and questions are asked about the limitations of such methods and their capacity to overcome familiar regulatory difficulties. Finally, comments are offered on how choices of control device can be made.
Sexually Transmitted Debt
Authors: Fehlberg Belinda 
Published: November 2023

Abstract
This book is the first major study of an increasingly evident legal and social problem: spouses and partners (particularly wives) who provide third party loan security for the business liabilities of their other spouse or partner. Unlike other texts in this field, Fehlberg specifically considers the legal rules which apply to surety wives in England, with reference to other Commonwealth jurisdictions, particularly Canada and Australia. The law is then considered in the context of sociological literature relevant to surety experience. The particular uniqueness of this book is that legal and sociological literature are then tested against empirical research involving interviews with sureties, and other main parties involved in surety transactions. Significantly the latter underlines the discrepancy between the ‘public’ legal perspective on providing security and ‘private’ complex experiences and motivations which pertain within intimate relationships. Given this situation, the author considers various legal reforms which could improve the position of sureties, but emphasises that the ultimate solution for sureties involves more fundamental social change.
Human Rights and the Law of Torts
Authors: Mason Sir Anthony 
Published: November 2023

Abstract
The object of this essay is to discuss the impact of human rights on the law of torts. This is no easy task as the protection of human rights was at most a speck on the horizon when the law of torts took shape-though some would deny that it has ever taken shape. The law of torts protects and has protected a range of rights and interests long recognized by the common law. Some of the rights and interests so recognized fall within the much wider catalogue of human rights; others do not.
The Right of Spring
Authors: Thorndon Lord Cooke of 
Published: November 2023

Abstract
Heuston, Glanville Williams, Fleming, Gower: in all-too-rapid succession the gods have stolen from the world of academic legal scholarship in English a select range of its acknowledged leaders, leaving sad gaps in the front rank. Two of them may be described without exaggeration as the most influential all-round writers in the field of torts.
The Staggering March of Negligence
Authors: Weir Tony 
Published: November 2023

Abstract
Although the twentieth century has been in many respects what Shakespeare called ‘The expense of spirit in a waste of shame’ -as it maunders to its end, we see the leaders of Western Europe adamant to create an insanely bureaucratic and multilingual ideological empire such as the nations of Eastern Europe have just broken loose from, and England, in an anachronistic preference for geography over history, abandoning the law it gave to the English-speaking world and turning its back on those to whom it was given-yet for the time being the common lawyers of England can take comfort in the success of the tort of negligence: announced in hieratic terms in 1932, its principle of liability has become so dominant that sixty years later Lord Goff could state that ‘the law of tort is the general law, out of which the parties can, if they wish, contract’. The contrast with the position in 1900 could hardly be more marked.
Towards a European Civil Code: The Duty of Good Faith
Authors: Kötz Hein 
Published: November 2023

Abstract
A few years ago the European Parliament in Strasbourg passed a resolution requesting the Commission to start work on a European Civil Code. The European Commission does not yet seem to show much enthusiasm for this idea, and it is indeed far from clear whether a demonstrable practical need for such a Code exists at the present time, whether the Commission has the jurisdiction to undertake such a project, and what the political chances of success would be. What is clear, how¬ ever, is that the project of a European Civil Code has proved to be a most challenging and stimulating idea to many legal academics.
Reparations in the Inter-American System
Authors: Shelton Dinah 
Published: November 2023

Abstract
International human rights treaties generally require that the States Parties afford an effective remedy to the victim of a human rights violation Failure to provide a remedy constitutes a separate breach of the treaty, additional to the original violation. Where domestic remedies do not exist or prove ineffectual, international supervisory organs may have jurisdiction to accept petitions meeting stated admissibility criteria in order to decide if a violation has been committed. Two human rights treaties, the European and the Inter-American Conventions, go further and authorize their respective courts to issue judgments on reparations.
Public Service, Public Services, Public Functions, and Guarantees of the Rights of Citizens: Unchanging Needs in a Changed Context
Authors: Garcia Elisenda Malaret 
Published: November 2023

Abstract
The notion of public service is one that may be approached in various ways and is used in widely differing conceptual areas. In the present chapter, however, an attempt will be made to focus on the legal approach, that is, to define the role of the notion of public service or similar notions in terms of government measures designed to provide guarantees for the exercise of their rights by citizens, or to ensure that collective needs are met. Such an approach necessarily takes account of the existence of an ideology of public service as legitimizing action by the State,1 in that here the State is no longer confined to the activity of policing or maintaining public law and order, but is active in the provision of services to the public.