(1981) 18 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council.

(1982) 19 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council.

(1983) 20 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council.

(1984) 21 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council

(1985) 22 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council

(1986) 23 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council.

(1987) 24 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council

(1988) 25 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council

(1989) 26 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council.

(1990) 27 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council.

(1991) 28 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council.

(1992) 29 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council.

(1993) 30 JLR These reports include cases decided in the Court of Appeal and Supreme Court of Jamaica, The Court of Appeal of the Cayman Islands and on appeals from Jamaica to the Judicial Committee of the Privy Council.

Maritime law has an international character. The practicing lawyer will be confronted with international conventions and other international instruments containing uniform law. It is broadly acknowledged that such instruments should be construed and applied uniformly. Therefore, knowledge of foreign judgments is imperative.This book contains an extensive comparative law study of English, American and Dutch law concerning the construction of the Hague Visby Rules. Australian and Canadian law has been discussed where relevant. The authors have attempted to present law at an academic level in a way which will be useful to the practicing lawyer. Lawyers dealing with shipments passing through the major European ports of The Netherlands will especially appreciate the book's emphasis on Dutch law, which has a broader scope of application than one might expect. Dutch law is often mandatorily applicable when cargo is discharged at a port in The Netherlands, and Dutch courts are obliged to apply Dutch law to questions of who can claim or sue and who can be sued under a bill of lading. Dutch law also applies to ship arrest and the release of vessels against security, the right to conduct a survey (including the question of which documents should be disclosed), and the enforced sale of vessels in the Netherlands. Other matters discussed in this book are global limitation of liability, the applicability of the Hague Visby Rules in the Netherlands and electronic bills of lading.This book will be of interest to practitioners working in this very specialised field, as well as to students of comparative law. It will be of particularly practical value to anyone dealing with cargo damage, ship arrest or litigation in the Netherlands.

Judge Mac Swinford was one of the longest-serving federal judges in United States history. During his lengthy tenure in the Kentucky courts, he came to know and appreciate the deep complexity of the law, understanding that it could be solid and fluid, broad and narrow, kind and harsh, changeless yet always evolving. In this service to the state and to the law, he felt that it was often his fellow lawyers who touched and educated him most. Kentucky Lawyer presents the most humorous, enlightening, and poignant moments of a remarkable fifty-year career. Judge Swinford offers a unique Kentucky history, recounting instances of the drama and romance of the Kentucky bar. In "A Kentucky Ghost Story," he takes readers to the banks of Crooked Creek in Harrison County, where the spirit of a wrongfully accused man still affects judicial decisions. "Cost of Love" recalls a trial in Carlisle County in which a scorned lover files suit against her ex-fianc? for breach of promise, claiming ten thousand dollars for a broken heart. Remembering some of Kentucky's most revered and respected jurists, Judge Swinford relates American culture in its most intimate and significant sense, through the acts and expressions of local leaders in the everyday affairs of life. His stories of humble commitment highlight the lives of men such as Henry Clay, Lieutenant Governor Rodes K. Myers, and Senator Joe C.S. Blackburn, who championed unpopular cases and stood on the forefront of government and community affairs. Kentucky Lawyer pays tribute to some of Kentucky's "truly great men," with the hope that legend will preserve them for us in memory. Now back in print, this classic book illuminates the varied work and world of the twentieth-century lawyer with elegance and humor.

What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference.
Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malmo, this book is entirely new. It underscores the importance of discovering the emergence of new general principles - linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship - as they develop in such increasingly important areas as the following:
- core aspects of competition and financial integration law;
- the ongoing process of European constitutionalization;
- the application of general principles in the new Member States;
- the growth of European private law;
- the successive creation of a jus commune europaeum; and
- the instrumental function of the EC Court.
There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authorsinclude both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field.
For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

This very useful volume provides a 'ground up' survey, from a business law point of view, of the concept of finance as a vital component of the economic structure of the European Communities. In deeply informed detail it describes the architecture of the financial system, its institutions (banks, stock exchanges, etc.), the variety of financial instruments, the progress of liberalisation and harmonisation initiatives in Europe, relevant EC legislation, regulation of capital markets and securities, the development of international financial law, and the management of legal risk.
The authors are all outstanding authorities in the field, with extensive experience both as practitioners and academics in many European countries and elsewhere in the world. The essays in this book grew out of lecture courses delivered under the auspices of the PALLAS Consortium organised by nine universities in seven EU Member States. Among the wealth of material covered, the reader will find, among much else, precise and interrelated explanations of the following:
- the transferring, sharing and insuring of risks;
- relevant contractual arrangements;
- the intermediation and distribution functions of financial institutions;
- primary markets versus secondary markets;
- money markets versus capital markets;
- stock market 'players';
- the role of letters of credit;
- pension funds; and
- the management of payment systems.
The book is especially valuable for its middle way between a 'top down' EU regulatory perspective and a strictly national framework - a method that supports and reinforces a practice-oriented approach corresponding to the 'real world' in which domestic andcross-border aspects of financial services are inevitably intertwined. Practitioners and business law students will find the book extraordinarily useful for its expert guidance and insight in clarifying many situations involving financial services and in resolving typical problems.

Toleration on Trial offers the only multidisciplinary study available on the issue of toleration, bringing together political psychologists, philosophers, sociologists, Islamic scholars, and political theorists to examine the most pressing debates in the field. The volume addresses the toleration question from a number of angles: toleration and its application to gay rights; Islam and toleration; institutional, ideological, and psychological preconditions for its practice; and philosophical and conceptual arguments for the principle of toleration. The common thread running throughout the volume is the core question: Is toleration primarily a product of institutional arrangements, or is it an attitude of individuals? To answer this adequately, the authors believe that a contemporary analysis of the possibility, significance and requirements of toleration must be fully cognizant of the democratic, or more accurately politically mobilized background in which toleration becomes a difficult issue. Conflicts between deeply divided groups within nations and between groups across political boundaries pose the issue of threat and risk to a practice or way of life that many peoples find difficult to accept. Can the idea and practice of toleration manage these in politically and ethically defensible ways? These essays address various aspects of the aim to establish or strengthen toleration among politically mobilized groups, in a context of contemporary democratic challenges.

Toleration on Trial offers the only multidisciplinary study available on the issue of toleration, bringing together political psychologists, philosophers, sociologists, Islamic scholars, and political theorists to examine the most pressing debates in the field. The volume addresses the toleration question from a number of angles: toleration and its application to gay rights; Islam and toleration; institutional, ideological, and psychological preconditions for its practice; and philosophical and conceptual arguments for the principle of toleration. The common thread running throughout the volume is the core question: Is toleration primarily a product of institutional arrangements, or is it an attitude of individuals? To answer this adequately, the authors believe that a contemporary analysis of the possibility, significance and requirements of toleration must be fully cognizant of the democratic, or more accurately_politically mobilized_background in which toleration becomes a difficult issue. Conflicts between deeply divided groups within nations and between groups across political boundaries pose the issue of threat and risk to a practice or way of life that many peoples find difficult to accept. Can the idea and practice of toleration manage these in politically and ethically defensible ways? These essays address various aspects of the aim to establish or strengthen toleration among politically mobilized groups, in a context of contemporary democratic challenges.

French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between rules and fundamental principles has grown steadily a process that has been greatly accelerated since the 2003 law authorizing the government to simplify the law.Introduction to French Law is a very practical book that makes clear sense out of the complex results of the various streams of influence observable in the various fields of legal practice in France today. Seventeen chapters, each written by a distinguished French juridical scholar, cover the following fields in substantive and procedural detail, with lucid explanations of such elements as the following and much more: Constitutional Law; European Union Law; Administrative Law; Criminal Law; Property Law; Intellectual Property Law; Contract Law; Tort Liability; Family Law; Inheritance Law; Civil Procedure; Company Law; Competition Law; Labour Law; Tax Law; Private International Law A book that is both a useful guide for practitioners and a comprehensive survey of French law (with no sacrifice of rationale or theory), Introduction to French Law has no peers. It is sure to spend more time in briefcases or on desks than on the shelf.

This book reappraises the constitutional fundamentals of EU foreign relations law. The essays in the book examine and reassess the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development and explore the particular character of the EU's "external constitution". They have been written against a background of change and debate: the deliberation over the character of the appropriate constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the increasingly cross-pillar nature of much EU external action, and renewed interest in the accountability of foreign relations policy and practice to democratic and judicial review within and without the EU. This collection will be of interest not only to EU foreign relations law specialists but also to those concerned with broader constitutional issues within EU law. In exploring the legal context in which the EU seeks to develop an international identity, and to structure and execute policies at the international level, the collection will also interest those working in international relations.

The concept of A"social dialogueA" pervades discussions of labour relations in Europe. In the estimation of many scholars and policymakers, the concept opens the way to an entirely new and potentially transformative paradigm in deliberative democracy. But is the European social dialogue, as it is currently evolving, in fact contributing to a better balance between efficiency, equity, and voice-i.e., to a polity of good governance and a more equitable society? Who are the principals, who are the agents? Are the outcomes it is achieving to be considered successful, or are they disappointing? These are some of the questions addressed in this important new book. The author, who has extensive experience both in the academic and policy worlds of labour relations law at the EU level, describes, analyses, and assesses the European social dialogue from a combined theoretical and normative perspective. He applies theoretical strands stemming from industrial relations, EC law, and political theory to an understanding and assessment of the genesis, actors, processes, and outcomes of the European social dialogue through 2007, testing some of the leading theories and offering insights as he proceeds. He then investigates whether Articles 138 and 139 EC seem to engender good governance-i.e., whether such indicators as openness, participation, accountability, effectiveness, coherence, democratic legitimacy, and the contribution of the European social dialogue to a more subsidiary and proportionate decision-making at EU level are well-served by the 'practice' dimension of the social dialogue. Relevant EU legislation, European social partners' agreements and ECJ case law are fully taken into account.In its elaboration of an integrated analytical framework for the European social dialogue, its assessment of whether the European social dialogue constitutes a polity of good governance and its insightful recommendations for improvement and further theory building, this book promises to become a landmark in the evolution of a labour relations theory that is attracting attention far beyond Europe as a global way forward in one of the most fundamental proving areas of the democratic polity.

More than the most prestigious regatta and match race in the sport of sailing, the America A|s Cup is a test of boat design, sail design, fundraising, and management skills. It is not surprising that its passionate skippers, builders and managers should often become embroiled in disputes. Recognizing this, and to minimize jurisdictional issues, the Cup A|s organization has included its own international jury for over thirty years. The 31st jury, however, for the first time in the Cup A|s long and colourful history, appointed a five-member arbitration tribunal which has now become an established part of the Cup A|s A corporate A| identity. Although the tribunal A|s decisions are not intended to be binding in the future, experience has already proven that they may assist whoever is involved in forthcoming competitions. In validation of this recognition, this book compiles all the decisions issued by the tribunal about cases submitted to the 32nd jury. This entails forty-three decisions in all, encompassing decisions on the merits for thirty-six cases, as well as a series of interim, provisional or partial decisions and, in one case, a dissenting opinion. Among the subjects of dispute are the following:A { alleged errors in calling a very close finish;A { alleged errors in rules resolving a tie;A { redress regarding physical damage;A { failure of boat electronic system;A { allegations of outside help;A { scope of advertising on a yacht;A { place of yacht construction;A { receipt of meteorological data while racing; andA { on-board installation of TV equipment.In addition to the full texts of the decisions, the book includes the America A|s Cup Deed of Gift (the A constitutional A| document), the Protocol governing the 32nd America A|s Cup, Rules of Procedure, Terms of Challenge, and applicable anti-doping and anti-gambling rules. A valuable introduction offers, as well as historical and legal background, some personal perspectives by Jury members.Perhaps the most interesting aspect of this subject for practitioners in general is the symbiosis quickly established between the America A|s Cup organization and the World Intellectual Property Organization (WIPO). At the request of the Cup A|s management, WIPO developed a customized web-based facility for the rapid and secure resolution of disputes A- a facility now available in the context of other sporting events and for intellectual property disputes in general. With detailed information on this system, along with the book A|s many insights into the kinds of issues that fuel disputes in sports events (and their resolutions), Arbitration in the America A|s Cup offers a significant extension of the knowledge base available to lawyers and scholars in several branches of law and legal practice.

"External Relations Law of the European Community" provides an in-depth legal analysis of the core legal framework of EC external relations law, which will be useful to both academics and practitioner. In addition, the book discusses a range of plausible theoretical positions for Community law and introduces new operational analytical methods. The book begins by noting two characteristics of most legal analyses in the field of EU external relations. First, it is often assumed that EC external relations law cannot be studied or applied without a constant awareness of underlying political dynamics, while it too often remains unclear how these dynamics are to be understood, assessed and systematically applied. This pragmatic outlook reduces the importance and value of a self-reflective, rational and coherent legal language.Second, the bulk of legal analyses tend to focus only on narrow segments of the ECJ's case law, often taking as their points of departure individual cases or a group of topically related cases. This commentary's approach neglects questions concerning the general legal structures and meaning configurations in the field. Against this backdrop, the author sets out to strengthen the legal language in the field of EC external relations. This agenda is not as uncontroversial and conservative as it may appear. In contrast to the 'commentary' approach, the first two parts of the book approach each legal issue from a framework perspective in which the general legal structures in EC external relations law are reconstructed.With rare clarity, it is shown how, by relying on jurisprudential language, solutions and explanations can be drafted to problems in EC external relations law which have too often been considered legally obscure and explicable only or mainly with reference to non-legal factors. With extensive references, these parts of the book provide in-depth legal analyses of a wide range of topics concerning the distribution between the EC and the Member States of norm-setting authority in their external relations, i.e. the rules that determine what the EC and the Member States can do (individually or together) in international relations; and the reception and application of rules of international law within the Community area, including the way in which international law enters Community law.In the third and more theoretical part of the book, the author develops and applies a methodology inspired by discourse analysis in order to provide new insights and tools for legal analysis. He uses this novel approach to identify and describe some of the most general and significant legal discourses on EC external relations produced and used by the Court and other members of the legal community. The discourse analytical component of the analysis highlights the restraints and possibilities in various strands of legal reasoning and legal understandings, and in this way provides a theoretical and methodological programme for this important area of Community law.The third part of the book provides an accessible account of a number of theoretical and analytical issues, including the social construction of law and legal reasoning, the role of discourses in this construction, basic building blocks for a discourses analysis in law, and how to reconcile legal discourse analysis in the field of EC external relations law with legal orthodoxy.

Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts, while admirable and even necessary criteria in principle, are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions. Dr Kochenov addresses this problem by proceeding as follows: outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; and focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law.The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual, as opposed to the officially announced, role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare.This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.