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Aspects of public policy in the Conflict of LawsLeslie, R. D. January 1979 (has links)
This thesis deals with seven topics in the general sphere of public policy and the Conflict of Laws. These all concern fields where state or community interests intrude to a substantial extent into Private International Law. The first chapter examines the external public policy rule and its role and functions in the Conflict of Laws. Then follows, in the next two chapters, investigations of the rules on the non-enforcement of foreign revenue laws and on the non-enforcement of foreign penal laws. The fourth chapter briefly considers to what extent these two rules can be said to be derived from the external public policy rule and whether they can be generalised into a broader rule that foreign public laws will not be enforced. The subject matter of Chapter 5 is external public policy and the field of operation of laws. The main question considered here is whether rules of law, particularly legislative rules, can be said to embody principles of external public policy and whether there is any point in having such a category of laws. In delict (tort) Scottish and English judges will not allow a claim arising out of a foreign delict unless it is actionable by the lex fori. This is in order to protect the interests of the forum. If these judges were to abandon this requirement and were to apply the proper law in delict, what means would still be available to them to protect these interests? The sixth chapter is concerned with the answer to this question. In the last chapter the problem of the laws of unrecognised governments is considered. Here again important state interests are involved. There have been significant developments in this field in recent years, mainly as a result of the Rhodesian U.D.I., and these developments are reviewed in this chapter.
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The law and practice of legal aid in ScotlandStoddart, Charles N. January 1978 (has links)
This thesis is an attempt to conduct for the first time in Scotland a comprehensive analysis of this history and practice of legal aid and advice. There is a long tradition of legal aid being provided gratuitously for poor persons by Scots lawyers, but there is no single work dealing with the development of the subject from its roots in the 15th century to the present day. The work is divided into five parts. Part I is purely historical and traces legal aid in Scotland from 1424 to present times. Parts II to V deal in detail with legal aid and advice as presently available under the Legal Aid and Advice (Scotland) Acts 1967 and 1972, and are intended primarily for the practising lawyer. Part II deals generally with legal aid administration, Part III deal3 with civil legal aid under s.1 of the Legal Aid (Scotland) Act 1967, Part IV deals with criminal legal aid, and Part V deals with legal advice and assistance. Thus, the emphasis of the work is practical, against an historical background. For example, there is no attempt to deal with the "unmet need" for legal services in Scotland, nor to probe the question of whether legal services of all types should be nationalised. Rather, the purpose of the author has been to try to satisfy another type of "unmet need"? the need for an up-to-date, properly vouched and reasoned exposition of present-day law and practice - as required by the law practitioner. The case law in Scotland is fully dealt with and the policy of the legal aid authorities in Scotland in relation to various matters is also indicated in the text.
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The freedom to organise and its protection by law in Great Britain, the United States of America and the Federal Republic of GermanyMontague, Ruth January 1967 (has links)
No description available.
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Legal aspects of collective agreementsBrodie, James Douglas January 1990 (has links)
This study has a number of aims. It is intended to explore the historical development of the law relating to collective agreements. At the same time this will be set against the general development of British Labour Law. The current law of collective agreements will be critically evaluated. The study then moves on to take a brief look at the position in the US and Canada. Finally, the issue of future developments is raised and the implications reforms would have for adjudication are discussed. The industrial relations background is also raised and the question of whether legal enforcement between the collective parties is now a realistic option analysed.
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The harmonisation and coordination of social security in the European Communities : the law and its social function : a commentary on Articles 51, 117, 118 of the Treaty of RomeHolloway, John January 1975 (has links)
No description available.
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Legal aspects of the forms of international co-operation between the Soviet Union and African statesOlajumoke, Wilfred Olabode January 1974 (has links)
The thesis is divided into six chapters. Chapter 1 starts with attempts to restate the legal significance of General Assembly resolutions, since the principles of cooperation discussed in this chapter, and which form the basis on which co-operation between the Soviet Union and the African States are regulated, are products of General Assembly resolutions and declarations. It then discusses the controversial 'new principles' which the Soviets claim are specifically applied in relations with the new states. Chapter IX deals with practice and forms of diplomatic relations between the two sides, exposing specific practices in this relationship. Legal forms of co-operation are not restricted to bilateral relations, and Chapter III thus examines joint co-operation at the United Nations. Chapter IV deals with various agreements regulating aid, trade and other forms of economic relations. Also, such Soviet economic institutions as the State Monopoly of Foreign Trade. The Soviet Trade Representatives as related to the African States are also critically examined. Chapter V examines the various agreements in the fields of cultural co-operation such as Education, Health, Joint Research and so forth. The last chapter examines the effect of the attitudes and contributions of Soviet-African co-operation on international law, discussing such institutions as sources of law, recognition and the reception of traditional international law.
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Current trends and pressures in the development of the international copyright conventionsMcMorrow, Thomas M. January 1991 (has links)
The Berne Convention for the Protection of Literary and Artistic Works 1886 and the Universal Copyright Convention 1952 are two major international copyright conventions in current force. These were amended simultaneously in Paris in 1971 in the face of demands by Less Developed Countries that the latter should be granted special terms upon which to enter into contracts for the import of cultural materials. It was recognised by the Governing Bodies of both Conventions that a true universality of membership could only be achieved by the attraction of L.D.C's within the fellowship of those states with effective municipal copyright statutes, all as envisaged by the Conventions. It was thought that the Paris Revisals brought to an end the crisis in copyright posed by the Third World. Indeed, at the time this particular crisis was solved. However, it has become clear crises affecting the conventions are now manifest in different forms but with critical effect. The advent of new technology has been the principal cause of crisis in particular regard to the scope and nature of rights extended by the conventions, and the subject-matter of conventional protection. The interpretation of scope and nature (of rights) and protection of subject-matter is now of great import. Additionally, the sudden recent adherence of the United States of America to the Berne Convention has brought about a geographical shift in the centre of gravity of international copyright relations, while the dual question of uniformity and effectiveness of protection extended to copyright materials have demanded the urgent attention of the Governing Bodies. Collectively, these matters have encouraged a metamorphosis in the manner in which the conventions fall to be perceived and this thesis attempts to identify the features of change and indicate future development.
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The language of equality : an investigation of the social connections of modern legalityMidgley, Thomas Stuart January 1978 (has links)
No description available.
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Legal aspects of sovereignty over natural resources related to African statesEzeibe, D. O. January 1976 (has links)
The author took up the investigation of the problems of control of Mineral Resources as relates to African states; examined various legal frameworks within which African nations controlled their mineral resources prior to their independence; and the measure of control African states adopted in the post independence period. Prior to their independence, African nations controlled their mineral resources but later lost the effective control to the early European companies, which subsequently relinquished the right of mineral ownership to their various states under whose sovereignty African nations fell. On attainment of independence, the new concept of economic sovereignty developed in the United Nations. In order to achieve the same, African states adopted various legal devices, such as repealing the colonial laws, modifying the old contracts to their advantage, formulated mineral policy, and adopted legislation in pursuit of national objectives. The above measures made an impact on reconsideration of the issue of state takeovers and the motive, forms of payment of compensation, and the principle of acquired rights. While adhering to the minimum standard of international economic law in the form of protection of foreign investment, and settlement of disputes, African states have evolved measures which give them maximum benefit and control over mineral resources in the forms of: incorporation of foreign firms in the host state, training and employment of local personnel, relinquishment of concession areas, conservation, safety practices including legislation against pollution, participation in exploitation of mineral resources through state corporations. Significantly, foreign investments, tax on profit of foreign firms, rents, premiums, royalty and the repatriation of profit on capital to the country of original capital investment, including reinvestment in the host country, have been regulated through various state agencies. On the international level African states have formed economic co-operatives to co-ordinate their policies and activities for better utilization of mineral resources. It is therefore concluded that the exercise of sovereignty over natural resources involves diversities of state control and co-operation at all levels.
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Perpetuities in Scots lawBurgess, Robert January 1975 (has links)
No description available.
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