Showing papers in "International and Comparative Law Quarterly in 1966"
TL;DR: In this article, corrections to the records of the public meetings of the Committee at this session will be consolidated in a single corrigendum, to be issued shortly after the end of the session.
Abstract: Corrections should be submitted in one of the working languages. They should be set forth in a memorandum and also incorporated in a copy of the record. They should be sent within one week of the date of this document to the Editing Unit, room E.4108, Palais des Nations, Geneva. Any corrections to the records of the public meetings of the Committee at this session will be consolidated in a single corrigendum, to be issued shortly after the end of the session.
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TL;DR: The concept of international migration was first proposed in the Second World War as mentioned in this paper, and the concept of "freedom of movement" was introduced by the International Organization for Migration (IOM).
Abstract: As long as man remains intolerant of his fellow-men, flight will continue to be the only alternative of the persecuted. Those denied at home the essential liberties of life will pull up their roots and look elsewhere for freedom. They leave their community and seek admittance to another, to live and work in peace. Few such persons, however, consider their abode a permanent one and, however long their exile may last, their hope of return is never extinguished. They are the international refugees, fleeing from their country, where they fear or have suffered oppression. The normal, everyday movement of persons across frontiers does not necessarily give rise to problems of an international character. Although the freedom of persons to migrate from one area of control to another has always existed only to a limited and varying degree, such movement has always been conditioned by the internal law of the communities concerned.' States have always jealously guarded their sovereign rights with respect to the release of their subjects and the reception of foreigners, and the citizenship of a person still determines his status, and consequently his rights and duties, to a large extent. It was only after the Second World War that the question of international migration became recognised as one requiring an international solution. From this time onward the concept of " Freedom of Movement " gained impetus, and rebellion took place against the supremacy of State sovereignty in matters relating to the release of subjects or the admission of aliens. It must be admitted, however, that we are at present as far as ever removed from the realisation of the ideal expressed in Article 13 (2) of the
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TL;DR: In every case, the pattern of English criminal law was imposed upon the indigenous society by the imperial master during the long colonial night as discussed by the authors, and even in the eleven States which have now burst forth into the daylight of self-government or independence, the Penal Codes remain as they were during the latter days of the colonial era.
Abstract: ANGLOPHONIC Africa, whether independent, self-governing, or still under white settler overrule,' is ordered by a penal regime modelled mainly upon the common law of crimes2 The penal law is codified in all except the High Commission Territories of Swaziland, Bechuanaland and Basutoland, Southern Rhodesia and South Africa, and Sierra Leone3 In every case, the pattern of English criminal law was imposed upon the indigenous society by the imperial master during the long colonial night Even in the eleven States which have now burst forth into the daylight of self-government or independence, the Penal Codes remain as they were during the latter days of the colonial era They remain the basic norms of public order for at least one hundred million people The common law of crimes traditionally synthesises a number of
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TL;DR: In the European Community, the judicial function has been exercised by the one Court of Justice for the three Communities since October 7, 1958 as discussed by the authors, and the legislative powers have been entrusted to the High Authority of the ECSC and to the Council and Commission of the EEC and Euratom.
Abstract: Each of the three treaties establishing a European Community attributes legislative,' administrative 2 and judicial $ powers to the organs of the Community created by it. Since October 7, 1958, the judicial function has been exercised by the one Court of Justice for the three Communities. Legislative powers have been entrusted to the High Authority of the ECSC and to the Council and Commission of the EEC and Euratom. The executive organs are the High Authority in the ECSC and the Commission in the EEC and Euratom.
TL;DR: The Russian Civil Code as mentioned in this paper includes over fifty articles devoted to housing, and the most important articles are devoted to social welfare and social welfare issues, with some account of their provenance and operation; they are related to the surrounding legislation.
Abstract: THE new Russian Civil Code-which came into force on October 1, 1964-includes over fifty articles devoted to housing.' It is unusual, in a Civil Code, to find the topic treated at all, and for that reason alone the enactment merits attention. The Code must not, however, be considered merely by itself, for in the last three years there has been a spate of legislative, judicial and administrative activity in the field of Soviet housing. Accordingly, this paper will set out the more important articles, with some account of their provenance and operation; they will then be related to the surrounding legislation. The writer has already published, in this journal, a general study of the topic, which may be referred to for a discussion of the background, the property involved, and the law's basic policy.2 The aims of this essay are (a) to describe the present housing law and (b) to analyse the jural relations involved. As to the first, the most striking recent development is the increased interplay between civil law sanctions and community pressures. Khrushchev (with his usual terseness) expressed the basic attitude: " In building and allotting dwellings we mustn't simply think-because a man is alive, give him a good apartment. You have to take a look at what he's doing, what he's giving to society. In our socialist society, each must give something to the general welfare of the people, must carry a certain load. Only then does he get the right to use the fruits of his labour which are created by society." 3 When worked out in concrete rules this ideology, this moral stand, creates a series
TL;DR: The title "Sitting on a fence at Carter Bar" was rejected by Mr. Marsh as mentioned in this paper, who claimed that it says little, and has a slightly disturbing hint of a White Knight dressed in tartan.
Abstract: " Sitting on a fence at Carter Bar." I do not in the slightest blame Mr. Marsh for rejecting the title-apparently it says little, and has a slightly disturbing hint of a White Knight dressed in tartan. Indeed I am grateful to him. The lecture is done, and the title remains to be both rejected and used in the future, as it has been both rejected and used on this occasion. It has indeed a certain appropriateness. Those of my forebears who came from one side of that Bar before riding against those from the other side, would drink a toast " Safe out-safe home." In view of some things, I may say, I was tempted to drink that same toast before starting out on this journey. Carter Bar has, however, a greater relevance. Surrounded by the sites of the old battles, it is also the site of a current struggle; life is not easy there. It also remains a border: a border between two jurisdictions. Old battles, current struggles and those two jurisdictions are my main concern, though I have taken leave, French leave as will appear, to depart on occasion from the bounds thus marked.
TL;DR: The law does not create them, it only recognises them as discussed by the authors, and it does not have for its sole function to recognise interests which arise independently, it must determine which it will recognise.
Abstract: Undoubtedly the progress of society and the development of government increase the demands which individuals may make, and so increase the number and variety of these interests. But they arise, apart from the law, through the competition of individuals with each other, the competition of groups or societies with each other, and the competition of individuals with such groups or societies. The law does not create them, it only recognises them. Yet it does not have for its sole function to recognise interests which arise independently. It must determine which it will recognise. Roscoe Pound, "Interests of Personality" (1915) 28 Harv.L.R. 343.
TL;DR: The Russell Committee has not yet issued its report, but the fact that such an inquiry should be made in England is itself eloquent of the agonies of reappraisal of some of our most deep-seated institutions.
Abstract: IN February 1964, the Lord Chancellor and the Secretary of State for Scotland set up a committee under the chairmanship of Sir Charles Russell, a Lord Justice of Appeal, to consider and report whether any alterations are desirable in the law of succession to property in England and Wales and in Scotland in relation to illegitimate persons This article is based on evidence submitted by the writer in response to a press notice and relates to changes in English law which seem desirable in the light of the rules operative in other jurisdictions The Russell Committee has not yet issued its report, but the fact that such an inquiry should be made in England is itself eloquent of the agonies of reappraisal of some of our most deep-seated institutions Deprivation of property rights is a time-honoured sanction for offences against society's rules regarding marriage and sexual intercourse The rules about capacity to marry are themselves largely affected by the need to provide for an orderly succession to property, including that epitome of property rights, the chieftainship or kingship of people tracing their origin from a common ancestor, whether they inhabit a particular area or not The modern concentration on the welfare of the individual has