bluuebunny/crossref_metadata_2025_split huggingface dataset:
Absolute Immunity: Fixing the Limits
Authors: Olowofoyeku Abimbola A 
Published: November 2023

Abstract
The conclusion in the preceding chapter was that, while there is some justification in principle for a qualified judicial immunity, no such justification exists in respect of absolute immunity. While this indicates that the present rule of absolute immunity is not inevitable, it does not necessarily indicate the need for a shift to a rule of qualified immunity. In spite of the absence of a convincing theoretical rationale for absolute judicial immunity, the rule might arguably still be commended by some other factor, such as practical considerations or problems with defining appropriate bases of limitation. A rule of qualified immunity is already applicable in many civil-law systems2 and many common-law commentators support this type of rule.3 Yet there remains a question as to how best to fix the limits to the common-law absolute rule to achieve a result similar to the civil-law practice. Much was said in the preceding chapter about ‘a carefully worked out rule of qualified immunity’.
Rnaia v. Chester
Authors: Mann F A 
Published: November 2023

Abstract
In Royal National Agricultural and Industrial Association v. Chester (1974) 48 ALJR 304, the High Court of Australia in a joint judgment by Mc Tiernan, Menzies, and Mason JJ held that a gift of residue for the purpose of applying the income ‘in improving the breeding and racing of Homer Pigeons’ is not a valid charitable gift. The court was prepared to accept that the breeding of pigeons for racing is a purpose beneficial to the community:
They expressly declined to follow the approach of Russell LJ which is that after a finding that a purpose is beneficial to the community, the proper question to ask is whether there are any grounds for holding it outside the equity of the Statute: see Incorporated Council of Law Reporting for England and Wales v. Att.-Gen. [1972] Ch. 73 at 88, noted (1972) 88 LQR
Where is an Award ‘made’?
Authors: Mann F A 
Published: November 2023

Abstract
Part 11 of the English Arbitration Act 1950 deals with the enforcement of certain foreign awards. According to section 35, Part II applies to any award ‘made’ in certain defined territories and conditions. The Arbitration Act 1975 renders Convention awards enforceable in the United Kingdom and by section 7 defines them as awards ‘made ... in the territory of a state, other than the United Kingdom, which is a party to the New York Convention’. This definition corresponds to article I (I) sentence r of the New York Convention. Article V (r) (a) and (e) of the Convention also refers to awards ‘made’ in a certain country, while article V (1) (d) refers to ‘the law of the country where the arbitration took place’. Finally, by Article I of the Geneva Convention of 1927 an arbitral award ‘made’ in accordance with an agreement covered by the Protocol of 1923 shall be recognized as binding and enforceable.
Marrache v. Ashton
Authors: Mann F A 
Published: November 2023

Abstract
Most English decisions dealing with questions of the rate of exchange relate to the problem of determining the date at which a sum of money expressed in foreign currency is to be converted into sterling. It is therefore very fortunate that the Privy Council was recently given an opportunity of making an authoritative pronouncement on the type of rate which is to be employed in effecting the conversion. In Marrache v. Ashton [1943] AC 3n the facts were that the appellant was indebted to the respondents in the sum of I 10,000 Spanish pesetas which fell due for repayment on 25 May 1939. All parties were residents of Gibraltar, the law of which governed the contract and which was the place of payment. At the date of the contract gold and silver coins were legal tender in Spain, but as from 20 January 1939, peseta notes of the Bank of Spain were, apart from gold, the only legal tender in Spain. Under Spanish law it was illegal to export from, or import into, Spain such peseta notes. Yet they had a market in Gibraltar, London, and elsewhere.
Sovereign or Fisc?
Authors: Mann F A 
Published: November 2023

Abstract
The decision of the Court of Appeal (Lord Evershed MR, Ormerod and Devlin L JJ) in Page v. Commissioners of Crown Lands [1960] 2 All ER 726 primarily concerns the constitutional lawyer, but it is also of considerable interest from the point of view of comparative and international law and therefore merits some attention in these pages.
Statutes and Choice of Law
Authors: Mann F A 
Published: November 2023

Abstract
MR Jaffey’s helpful remarks at ante, p. 198, require a short reply, for he fails to deal with what may be a vital point in the argument.
No one doubts that on account of Article X the Hague-Visby Rules incorporated into the Carriage of Goods by Sea Act 1971 are mandatory, and for present purposes it does not matter that Article X is also a self¬ limiting provision. Nor is it open to doubt that there is a mandatory rule to the effect that contracts having an international element are governed by their proper law and that except in the most special circumstances jurisdiction clauses are binding; these rules are in no way less mandatory by reason of the fact that they are embodied in the common law rather than a statute. Why, then, should the statutory rule prevail over the common law rule? Mr Jaffey suggests that ‘the statute is impliedly overriding’ or that there is an ‘implied statutory prohibition of the exclusion of the mandatory rules of the forum’ by the conflict or jurisdiction rule.
The Hague-Visby Rules and ‘The Force of Law’
Authors: Mann F A 
Published: November 2023

Abstract
Section 27 of the Arbitration Act 1950 gives power to the court to extend the time limit where ‘the terms of an agreement to refer future disputes to arbitration provide that any claims ... shall be barred’, unless some step to commence arbitration proceedings is taken within the time fixed by the agreement. The question whether this power exists in cases in which the time limit does not form part of the terms of the agreement itself, but applies indirectly, i.e. by reference to or the incorporation of some other provision such as Article III r.6 of the Hague or the Hague-Visby Rules, has occupied the courts for some time and led to much diversity of judicial opinion.
Recovering Currency Exchange Losses
Authors: Mann F A 
Published: November 2023

Abstract
On 1 July 1980 Greek shipowners and the President of India entered into a charterparty which provided for arbitration in London and was governed by English law. According to its terms demurrage, calculated at the rate of $6,000 per day, was payable in British sterling at the rate of exchange ruling on I July 1980. Discharge in India was completed on II October 1980. But outstanding questions of demurrage were decided by the Umpire only on 22 February 1983 when he awarded £10,232 being the sterling equivalent at the agreed rate of $24,250 payable for four days and one hour, and £5,514 being damages in respect of the depreciation of sterling from $2.37 to £1 to $1.54 to £1 on the day of the award.
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Succession to Immovables Abroad
Authors: Mann F A 
Published: November 2023

Abstract
The sixth Duke of Wellington, who was also Duke of Ciudad Rodrigo in Spain, was the owner of certain real estate and movable property situate in Spain. He made a will in May 1942, which would appear to have been in the English form, but valid by the law of Spain and by which he gave his Spanish property to ‘the person who . will on my decease become Duke of Wellington and Ciudad Rodrigo’. In December 1942 he made another will whereby he gave his estate other than that disposed of by the will of May 1942, to trustees upon trust ‘for the person who upon my death shall become Duke of Wellington’. On the death of the sixth Duke in 1943 his uncle, Gerald, succeeded to the dukedom of Wellington, but the dukedom of Ciudad Rodrigo became vested in his sister.
Treaties before Municipal Courts
Authors: Mann F A 
Published: November 2023

Abstract
IN breach of obligations which the United Kingdom assumed by a treaty with Italy and which, in effect, provided for the release to the order of the Italian Government of all assets belonging to Italian nationals, the Board of Trade released the property of the late King of Italy to the administrators of his English estate. When the Republic of Italy instituted proceedings to recover the property, its action was dismissed on the paramount ground that the treaty had not been so incorporated into the law of England as to enable the court to hold that the release ordered by the Board of Trade was unlawful: The Republic of Italy v. Hambros Bank [1950] Ch. 314. In reaching this result Vaisey J confessed to ‘some bewilderment’ and in vain searched for ‘some explanation of what is to me inexplicable’ (p. 329). From the point of view of public international law the result is indeed a stain on English law, however inevitable it may have been in the present state of the authorities, for a treaty has been allowed to be displaced by English municipal law.
Conflict and Confiscation
Authors: Mann F A 
Published: November 2023

Abstract
IT is probably no exaggeration to say that Upjohn J’s decision in Re Helbert Wagg & Co. Ltd. [1956] 1 All ER 129 constitutes the most important pronouncement made by the English Judiciary in the year 1955 on the problems of both public and private international law. It raises many points of great interest, only three of which can be touched upon here.
The Dyestuffs Case in the Court of Justice of the European Communities
Authors: Mann F A 
Published: November 2023

Abstract
It would have been satisfactory and fitting if, at the very moment when Britain becomes a member of the European Economic Community, it would have been possible to render an account of a decision of the Court of Justice of the European Communities, which is characterized by a persuasive analysis of the facts, by the cogency of its reasoning, and by its authoritative contribution to legal development. Unfortunately the decisions in the Dyestuffs Case, viz. in the case of Imperial Chemical Industries Ltd. v. Commission of the European Communities and in similar cases resulting in almost identical judgments,1 are unlikely to attract such comment. On the contrary, they are bound to give rise to some anxiety because, on certain aspects of great importance, they are not easily reconcilable with traditional British and, probably continental legal principles.
Re Waddington v. Miah
Authors: Mann F A 
Published: November 2023

Abstract
It was recently suggested that the European Convention on Human Rights had a much greater effect upon the law of England than practitioners seemed to realize; that the right of petition granted to individuals provided a remedy against acts committed by organs of government in the United Kingdom; that therefore the Convention ought to influence and even determine substantive English law; and that, consequently, the Convention constituted a Bill of Rights by the standards of which English law had to be measured: The United Kingdom’s Bill of Rights (1972) 122 NLJ 289. In Waddington v. Miah [1974] 1 WLR 683 Lord Reid, with whom Lord Morris of Borth-y-Gest, Viscount Dilhorne, Lord Simon of Glaisdale, and Lord Salmon concurred, adopted an approach which may be said to be in line with that suggestion.
Oppenheimer v. Cattermole Revisited
Authors: Mann F A 
Published: November 2023

Abstract
Some readers of this Review will remember the decision of the House of Lords in Oppenheimer v. Cattermole [1976] AC 249, for it was one of the few cases in which, as a result of a contribution to this Review published after the argument in the House of Lords had been concluded, the appeal was ‘put back into the list for further argument’ and ultimately decided in a sense opposite to that originally contemplated. The point in issue was whether the appellant whom by a decree of 1941 Hitler had purported to deprive of his German nationality and who in 1948 had become naturalized in this country was in 1953 still a German subject on the ground that, according to a decision in 1968 of Germany’s Federal Constitutional Court, the decree of 1941 was ‘non-law’, that is to say, null and void ab initio.
‘Any Civil or Commercial Matter’
Authors: Mann F A 
Published: November 2023

Abstract
The decision of the Court of Appeal (Kerr, Glidewell, and Ralph Gibson L JJ in Re Anders Jahre [1986] 1 Lloyds R 496 arose from an action instituted in the Sandefjord City Court between the estate of Anders Jahre, a Norwegian citizen, and the Kingdom of Norway with a view to having presently enforceable tax assessments set aside. The application, rejected by the Court of Appeal, Ralph Gibson LJ dissenting, was made under the Evidence (Proceedings in Other Jurisdictions) Act 1975 for the interrogation of two London bankers. The character of the questions to be answered by them is sufficiently exemplified by the first one: ‘Present and previous owner or owners, direct or indirect, of funds and shares in Continental Trust Company Inc.’
The Effect in England of the Compulsory Acquisition by a Foreign State of the Shares in a Foreign Company
Authors: Mann F A 
Published: November 2023

Abstract
IN the course of the last few months two events occurred that render it unavoidable to revert to the Rumasa case [1986] AC 368 which, under the above heading, was reviewed at (1986) 102 LQR 191.
The first concerns that part of the decision of the House of Lords which held the defence unarguable and therefore fit for striking out, although it was argued before Nourse J for seven days, in the Court of Appeal for six days, and in the House of Lords for three days. It is not easy to discover the precise principle of law on the basis of which the House rejected the appellants’ argument that striking out was the improper procedure. Lord Templeman’s remark that the investigation undertaken by the courts ‘was no different from the investigation which would have been involved in the trial of an issue’ (p. 436) is not free from difficulty, as the trial of an issue would have been a trial with all its incidents
The Rights of Peoples in Modern International Law
Authors: Brownlie Ian 
Published: November 2023

Abstract
The subject of this article is essentially that of human rights, with particular reference to the rights of groups and indigenous populations. UNESCO, along with other international organizations, universal and regional, has been much concerned with the articulation and elaboration of human rights concepts, and within UNESCO a particular subject of debate has been the Rights of Peoples. It is thus my responsibility to contribute to a process already in being. My position is that of a professional lawyer, not associated with any pressure group, whose role will be that of the chorus in Greek tragedy. That is to say, I shall speak as an ‘interested spectator’, sympathizing with the fortu
The Rights of Peoples: ‘Peoples’ or ‘Governments’?
Authors: Crawford James 
Published: November 2023

Abstract
From the perspective of international law, the key feature of the phrase ‘rights of peoples’ is not the term ‘rights’, but the term ‘peoples’. From a philosophical point of view, no doubt, the term ‘rights’ is itself problematic. But lawyers, including international lawyers, are used to talking about rights, and so long as one accepts Hohfeld’s point that one person’s right must mean another person’s duty, the term seems unremarkable even in the context of peoples’ rights. Moreover, international law is familiar with the notion of ‘collective’ rights. References to the State, the basic unit of international law, involve a reference to the social fact of a territorial community of persons with a certain political organization, in other words, a reference to a collectivity.
The Canadian Charter of Rights and Freedoms: A Feminist Perspective
Authors: Eberts* Mary 
Published: November 2023

Abstract
1992 was the tenth anniversary of the coming into force of the Constitution Act 1982, containing the Canadian Charter of Rights and Freedoms. The Charter is not the first measure to provide entrenchment in the constitution of basic rights guarantees: the Constitution Act 1867 provided certain assurances of minority language and denominational school rights, as part of the constitutional bargain at Confederation.
The Impact of a Bill of Rights on the Role of the Judiciary: An Australian Perspective
Authors: Brennan Sir Gerard 
Published: November 2023

Abstract
Since the abolition of the last avenues of appeal from the Australian Courts to the Privy Council, we have broadened our focus of interest in the laws and Courts of countries in the common law tradition. The heritage of the common law allows each country to draw on the experience of others, especially when their societies are similar in culture and their constitutional institutions are comparable. Australia therefore has a particular interest in the Canadian experience of the last decade or more, when the Courts of Canada have been administering the Canadian Charter of Rights and Freedoms. Not only is Canada a Federal democracy operating under a system of representative and responsible Government; it was, at the time when the Charter came into force, a society whose legal institutions operated in much the same way as do Australian legal institutions.
Turkish Intervention and its Aftermath
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
The main danger to the survival of Makarios and the independence of the Republic came from the Greek army officers brought by him to Cyprus for the expressed purpose of defence against Turkish ‘invasion’. Their barracks habitually displayed the emblems and Hellenic slogans of Greece.1 Enosis propaganda was rife. Early in 1969 a new threat to stability came with the rise of the National Front, an armed organization headed by a former EOKA leader and based in Limassol. The capture of Limassol Central Police Station by one of its branches exceeded in scope and military skill anything ever attempted by EOKA against the British.
An Evaluation of the lntercommunal Talks
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
In his reports to the Security Council about his m1ss1on of good offices, the UN Secretary-General has many times expressed the conviction that the intercommunal talks present the best available means for achieving an agreed, just, and lasting settlement of the Cyprus problem. However, the inter communal talks have encountered a number of difficulties and stumbling blocks. All through the process of the intercommunal talks conducted under the auspices of the United Nations since 1975, the Greek Cypriot side assumed that a unitary ‘Government of Cyprus’ still existed and that the Greek Cypriot administration was that ‘Government’.
Towards Declaration of Statehood
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
On 18 October 1981, Mr A Papandreou, the new Greek premier, was quick to declare that his government would give stronger support to the ‘Republic of Cyprus’. He said that the current talks between Greek Cypriots and Turkish Cypriots, under United Nations auspices, were of little value. The Greek Cypriot side was in effect negotiating with Turkey, whose ‘forces occupy the northern part of the island’, rather than with the Turkish Cypriots themselves.
Statehood and Recognition
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
It was often asserted that the formation of a new state was a matter of fact and not of law This proposition was thought to follow from the fundamental premise of the so-called ‘constitutive’ theory of recognition, which held that ‘a State is, and becomes an International Person through recognition only and exclusively It is through recognition, which is a matter of law, that such new State becomes subject to International Law. As soon as recognition is given, the new State’s territory is recognized as the territory of a subject of International law, and it matters not how this territory is acquired before the recognition.
Developments after the Summit of 1985
Authors: Necatigil Zaim M 
Published: November 2023

Abstract
After the failure of the summit the Turkish Cypriot side proceeded towards consolidation of the independent Republic. The Constitution was adopted by the Assembly on 12 March 1985. A referendum was held on 5 May 1985. The Constitution was published in the Official Gazette on 7 May 1985. On the other side of the ‘Green Line’, Mr Kyprianou faced strong opposition. The communist AKEL party of Mr Ezekias Papaioannou and the Democratic Rally (DISI) of Mr Glafcos Clerides accused him of being responsible for the failure of the summit. On 22 February 1985, AKEL and DISI parties joined forces in the Greek Cypriot House of Representatives in securing a resolution that censured Mr Kyprianou for his handling of the Cyprus problem and called on him to abide by the views of the majority or else proclaim early presidential elections.
Administrative Law
Authors: Zamir Itzhak 
Published: November 2023

Abstract
In Israel, administrative law is, in a sense, more than just administrative law. It accounts for many of the norms and values which make Israel a free society governed by the rule of law. In many countries this may be attributed to constitutional law. In Israel, however, in the absence of a written constitution,1 basic principles such as the rule of law, individual freedoms, equality before the law, and fair government originated in administrative law, mainly through judicial review of administrative action.
Protecting Fundamental Rights in Israel without a Written Constitution
Authors: Zysblat Allen 
Published: November 2023

Abstract
For the first forty-five years of its existence, Israel lived without a written constitution or any other written statement of the basic rights and freedoms of its citizens. The decision of Israel’s Knesset to postpone the attempt to forge a legislative balance between public authority and individual freedoms1 meant that the task of safeguarding the basic liberties in Israel-as in England-was left to the courts.2
The New Basic Laws on Human Rights: A Mini-revolution in Israeli Constitutional Law?
Authors: * David Kretzmer 
Published: November 2023

Abstract
Until the Basic Law: Freedom of Occupation and the Basic Law: Human Dignity and Liberty were enacted in 1992 Israel had no bill of rights. Pursuant to the 1950 Harari Resolution, according to which Israel’s formal constitution would be drawn up in a piecemeal fashion by a series of basic laws, basic laws were enacted covering virtually all aspects of Israel’s constitutional system. However, these basic laws did not include a basic law on civil liberties or human rights.
Conflict of Interests in the Public Service
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
‘It is a fundamental rule in our legal system that a public servant must not be found in a situation of conflict of interest.’ Thus held Barak J in the landmark judgment in the ‘Likud’ Faction case. The rule had already been embodied in legislation and in judicial decisions regarding various public officials, but only in the Likud decision did the rule receive a thoroughgoing theoretical framework.
Administrative Procedure Amendment (Statement of Reasons) Law 1958
Authors: Zamir Itzhak , Allen Zysbla T 
Published: November 2023

Abstract
In the cases referred to in subsection (b), the public servant shall notify the applicant in writing as soon as possible, but not later than three months from the date of receipt of the application, for which of the said reasons he refrains from replying in time, and shall bring the notification to the knowledge of his superior. Where the reason is one of those mentioned in paragraphs (2) and (4) of subsection (b), the notification shall also indicate the time allotted for the reply or consideration; and where the reason is that mentioned in paragraph (3) of subsection (b), the notification shall give details as far as possible.