Law and globalization, Ejercicios de Derecho Administrativo

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| Global Administrative Law Lex Adm inistrativa Edited by Javier Robalino-Orellana : E Jaime Rodríguez-Arana Muñoz Foreword by Benedict Kingsbury This book presents a series of studies in the emerging Beld of Global Administrative Law. lt departs from the original studies of the Institute of International Law and Justice of New York University School of Law, but moves ahead into new aspects. There is an undeniable process oa global homologation of principles of administrative, comparative and international law under different legal systems. We are moving towards a lex administrativa. Editors Jaime Rodríguez-Arana Muñoz an Authors Manuel Ballbé Allan R, Brewer-Carías José Antonio Muci Borjas Juan Carlos Cassagne Carlos E. Delpiazzo Giuseppe Franco Ferrari Santiago Jaramillo Roser Martínez José Luis Meilán Gil Fausto de Quadros Rafael Rincón Francisco Javier Sanz Larruga Eduardo Zuleta Jaramillo JN 049 Global Acirnis This book is dedicated to academics and practitioners of Administrative Law who understood that this field does not end in plain and local understanding of the principe de légalité. There is indeed an interconnected legal system. Supporting Institutions UNIVERSIDAD EA DE QUITO VILLANUEVA CENTRO LINIVERSITARIO. PEREZ BUSTAMANTE ABOGADOS ae senté AAA EE Contents Acknowledgments Foreword Benedict Kingsbury Introduction Part 1. Principles of Global Administrative Law 1 Globalization and its Impact on the Rule of Law Juan Carlos Cassagne Global Administrative Law and Human Rights José Luis Meilán Gil Approach to the Principles of Global Administrative Law Jaime Rodríguez-Arana Muñoz Part 11. Tendencies and Progresses of Global Administrative Law 4. Global Administrative Law and Comparative Administrative Law in Latin America Carlos E. Delpiazzo Law and Globalization: Between the United States and Europe Manuel Ballbé and Roser Martínez Part TIL Case Law and Arbitration 6. Global Administrative Law and International Jurisprudence Eduardo Zuleta Jaramillo, Rafael Rincón and Santiago Jaramillo Global Administrative Law and the Limitations imposed by National Law on the Enforcement of Judicial Rulings against the Republic of Venezuela for the Payment of Sums of Money José Antonio Muci Borjas Part IV. Global Environmental Law 8. Environmental Law and its Relationship with Global Administrative Law Francisco Javier Sanz Larruga vii xvii 11 33 97 99 137 215 217 243 275 277 Law and Globalization: Between the United States and Europe' Manue! Ballbé* and Roser Martínez** L Introduction In order to understand the process of globalization of law, we must study the American regulatory model” and administrative State (belatedly created in the XX century) as well as the functioning and internal harmonization between the fifty States of the American Union and the Federal Government because both the European Union and the globalization process have been inspired by it. Globalization is largely a United States (“US”) product, which has exported its administrative and regulatory model to the entire world * We must recognize that there is also a European globalization in the sense that many of the reforms and processes for regional and global integration have a lotto do wjth the present experience of the European Union (“EU”).* “This article is based on an article in homage of Professor Ramón Parada published in the Revista de Administración Pública, 174, Madrid, 2007. * Professor of Law, Universidad Autónoma de Barcelona (manuel. ballbeGuab.es). ** Tenured Professor of Law, Universidad Autónoma de Barcelona (roser.martinezGuab. es). ?n this article when we use the words America or American we mean The United States of America. 3 See the works of the investigation group “The Emergence of Global Administrative Law” headed by B. Kingsbury and R. Stewart, Professors at New York University. B. Kingsbury, R. Stewart and N. Krisch, “The Emergence of Global Administrative Law”, Lazo aná Contemporary Problems (2005). R. Stewart, “U.S. Administrative law: a Model for Global Administrative Law”, Law and Contemporary Problems, 68, 2005. B. Kingsbury, “The Concept of Law in Global Administrative Law”, European Journal of International Law, 20, 2009. See also A. Aman, Administrative Law in a Global Era, (Cornell U.P., 2003). It is worth mentioning that the works of Professor García de Enterría, early in the Spanish tradition, have been those who most have. positively influenced a certain Americanization of Spanish laws. For more in depth analysis on the European model and the functioning and harmonization between the fifty states of the United States see M. Ballbé, C. Padros, Estado competitivo y armonización europea (Ariel, 1997) and M. Ballbé, R. Martínez, Soberanía dual y constitución integradora. La reciente doctrina federal de la Corte Suprema norteamericana (Ariel, Barcelona, 2003). 137 Global Administrative Law: Towards a Lex Administrativa Globalization was above all an Americanization. It is true that some only see the negative part, as it happens with progressive movements opposed to deregulated trade without administrative interventionism. But it is also important to remember that US inspired globalization has some very positive aspects.? Upon analyzing the American legal system we find that it has been a pioneer in the quest of new rights gained in the last decades: civil rights, women's rights, environmental, labor and social law, minorities rights, health, food safety, road and traffic safety, and others. ltis a fact that the US legal system have not been the result of a neoliberal and neoconservative approach, but rather of a transcendental degree of activism from community movements, unrivaled in Europe or the rest of the world. All this has gelled in a period called “the rights revolution”,* which has implied a wide corpus turis that acknowledges the right of groups and citizens to have access to and to participate in administrative and judicial procedures, in what has been called a model for administrative law to “ensure representation of interests and groups”. The new US administrative and regulatory system, with ample and new administrative agencies of all kinds, was the base model for the creation of the EU. The European Coal and Steel Community (ECSC), the European Commission or the European Central Bank are mere independent administrative agencies shaped after the American pattern.* The same occurs with the European regulations and directives” (whether pertaining to competition or to environment). For instance, the US antitrust law (most of it not a mercantile law, but an administrative law of competition) lies deeply entrenched in the political and legal tradition of economic federalism.'" lt has already been established in the constitutional tradition that there is no political democracy without economic democracy. The US movement of independence arose largely because of the English trade monopolies. The majority of the thirteen initial state constitutions had provisions related to the fundamental rights of free competition. For instance, Art. 41 of the Constitution of Maryland says “[t]hat monopolies are odious, contrary to the spirit * C. Harlow and R. Rawlings, Pressure Through Law (Routledge, London and NY, 1992). í C. Epp, The Rights Revolution. Lawyers, Activists, and Supreme Couris in Comparative Perspective (The University of Chicago Press, 1998). C.R. Sunstein, After the Rights Revolution: Reconceiving the Regulatory State (Harvard University Press, 1990). 7 See the article of the then Harvard Professor of Administrative Law, R. Stewart, “The reformation of American Administrative Law”, Harvard Law Reviez, 88, 1975. * D, Geradin el al. (ed.), Regulation through Agencies in the EU. A New Paradigm of European Governance (Edward Elgar, 2005). * See R. Alonso García, Sistema jurídico de la Unión Europea (Thomson-Civitas, 2007). 10M. Ballbé, “La competencia como principio vertebrador del sistema pluralista”, Anuario de la competenciade 1998, Fundación ICO-Marcial Pons, 1998. 138 A Global Administrative Law: Towards a Lex Administrativa IL The Catholic and Protestant Religious Influence in the State Configuration The Catholic Church, from the 10th century through the construction of the absolute State, represented the sole perfectly organized and articulated administration in all of Europe and became a model of hierarchical and interconnected organization. At that time, nowhere in Europe was there yetany other administrative and functional framework as the existing church, with all its churches, convents, abbeys, etc. And, latin, the vehicular language of the church, was also the language of the law and of administrative expertise. As to security, the Catholic Church offers multiple innovating solutions on a regulated plan as well as on an organizational plan. Catholicism will have a protective function for believers (embrion of the future “protector State”) establishing a social, moral and material order under its own multiple administrations and regulations, which used their own procedures which, later on, will constitute the origin of the centralist administration and public security system. There were legal and political security organizations created by the Catholic Church and were imposed as common law all over Europe. One of them is the Tregua Dei, a military and religious order (a standing, army and also a military police). Another security organization was the inquisition. In the words of Braithwaite, “[the Catholic Church was] the most powerful regulator of medieval Europe”. Besides administrative functions, the Catholic Church conferred universal supraterritorial jurisdiction along with the idea of administrative justice “retained” or “delegated”” but not independent from the executive power of the Pope. Proof of the influence of these principles in the formation of absolute States is Richelieu's Edict of 1641, evidencing how the prohibition on judges from controlling the Administration had been legally configurated in the Old Regime.!* The Protestant Revolution also brought about a revolution against the existing legal and organizational systems. One one hand, the Catholic 1], M? Font i Rius, , Estudios sobre los derechos e instituciones locales en la Cataluña medieval, Ediciones de la Universidad de Barcelona, 1985. 14 F. Monnier, “La naissance du contentieux administratif moderne”, Revue Administrative, 286, 1996. “Some Continental nations, such as Italy and France, have relied upon well- staffed and specialized tribunals, comprised of high-ranking civil servants and located within the administrative bureaucracy itself, to control the actions of administrators. Indeed, during the sixteenth and seventeenth centuries in England the Tudor and Stuart monarchs had developed powerful administrative tribunals. These bodies might well have evolved into a bureaucratic version of administrative justice analogous to the present French Conseil d'Etat or the Italian Consiglio di Stato. But this line of development was cut short in Britain by the Glorious Revolution of 1688, the political triumph of parliamentary government, and the related celebration of the independent judiciary as an important check on executive power”. S. Breyer and R. Stewart, Administrative Law and Regulatory policy (Little Brown and Company, 1985) p.24. 140 Law and Globalization: Between the United States and Europe system revolved around the administration (eclesiastic at first and later of the State). On the other hand, the Protestant system around the individual and the community. Therefore, the hierarchical organization model of the administrative State (inspired by the Catholic Church) was rejected by protestant States like the US. That is why the US was borne as a country without neither a large public administration nor administrative intervention. The US State model was centered on the individual or on the community, and not on the corporation, as opposed to the European States where, from the beginning, Public Administration was the centre of all, (following the organizational model of the Catholic Church and its “administrative State” system. The US model - fruit of the protestant and Puritan religious conception of their founders — was based on the free interpretation of the Bible by the individual. Consequently, the protagonists of the interpretation of the regulation will not be the Public Administration but the individual or the community. The American puritanism Opposes a centralized, hierarchized, professional and hyperregulating organization (either of the Catholic Church or of the Anglican Church). This individual-oriented dynamic rejected any church or institutionalized administration having any type of monopoly of power, such as the British administration. Anglicanism also accentuated a model consisting in having the Queen to be the Head of the political power and at the same time the head of the religious power. Therefore, the royal and the religious administration was overlapped just as it had occurred in the roman-christian empire. In the US, the culmination of the individual regulatory determination would be the recognition of the right of any citizen to carry arms (pro- vided in the second amendment of the US Constitution). Thus, the le- gitimate use of violence only by the State and its Public Administration (as it occurred in the European tradition) was rejected. The belief that the origin of a modern State is when it acquires the monopoly of legitimate violence is not applicable to the US because of the principle constitution- al principle that allows citizens to carry weapons. This is an individual oriented vision,” in contrast to the Administration oriented European tradition. Moreover, in the early years of the US, the individuals, com- munities or local groups (denominated posse comitatus!'* or community R. McCleary and R. Barro, “Religion and Economy”, Journal of Economic Perspective, vol. 20, 2, spring 2006, pp. 46-72. *R. Martínez, Armas: ¿Libertad americana o prevención europea? (Ariel, 2002). B.A. Shain, The Myth of American Individualistm (Princeton, 1994). * B. Baker, ]. Elsea and C. Doyle, The Posse Comitatus Act and Related Matters fNovinka, 2004). 141 Lat and Globalization: Between the United States and Europe Another perversion of the system was the militarization of the posse comitatus due to the fact that militia and Army volunteers frequently acted in law enforcement functions. In some cases, a militia unit was brought into the community commanded by a sheriff or marshall. After the civil war, the police functions in the community had to be carried out by the military of the North, in order to protect the free black citizens of the South. In a very disputed presidential election, the military -when excercising police functions were accused of manipulating votes. As a result of all this, the most important legislative act that separated the civil police function from the military function was promulgated. In fact, the federal posse comitatus Act of 1878 prohibited the professional military men or the militias to participate in the law enforcement functions of the community.” On the state level where this law is not applied, the militias and the national guards of the States (depending on each Governor on a general basis) were constantly used in local activities: After 1920 the National Guard had strong ties also to local business leaders. Many high-ranking Guard officers were among their community's leading businessmen. In this period, as in the late nineteenth century, the Guard served the interest of business in conflict with labor. lt saw frequent service in strikes. ... (In the media) and even on the floor of Congress, it was attacked as the private army of big business.3 The 1878 law, which represents the current tradition of civil versus military power, has been the most discussed since 9/11 and it has been recently modified to give new protagonism to the Army security wise." Another perversion of the system was the privatization of security activities. Upon rejecting the model of professional police corps which, in the mid 19th century only existed in large urban concentrations such as those in Chicago or New York, private investigators and security companies arose to cover this field. The most famous one was the one created by Alan Pinkerton in 1840: the Pinkerton National Detective Agency.” Paradoxically its most important clients were, besides private enterprises, Public Administrations (i.e. post offices, night guard services, etc.). They also carried out federal offence investigations assigned to them by the Department of Justice. Friedman, Law ín American History, 1971, p. 101. See M.C. Fernández, “Lynching in Guatemala. Legacy of War and Impunity”, Weatherhead Center for International Affairs, Harvard University, June 2004. 2 $, Skowronek, Building a New American State. The Expansion of National Administrative Capacities 1977 - 1920 (Cambridge, 1984). G. Rao, “The Federal Posse Comitatus Doctrine: Slavery, Compulsion, and Statecraft in Mid-nineteenth-century America”, Law and History Review, 26, spring 2008. 2 M. Derthick, National Guard in Polítics (Harvard, 1965) pp. 51-52. 2% “Preserve Posse Comitatus”, The Progressive, Nov. 2005. 143 Global Administrative Lato: Towards a Lex Administrativa During the Civil War the inexistence of any small federal administration acting in the South made the Government require to Pinkerton a work pertaining to the Intelligence Service. Pinkerton had an agents network in the South and the Federal Public Administration did not. In 1861, the President resorted to General McCLellan, a director of the Railroad sector who gave Pinkerton the mission of organizing a military secret service.% The origin of the CIA and the American Secret Service lies on private security. In fact, Pinkertor's company considers itself the first institutionalized US intelligence services which only began as a public organization with the Secret Service (today a federal police, different from the FBL that protects the President). Pinkerton was also required to protect Lincoln. Later though, because of internal fights between politicians and the military and the distrust due to the growing protagonism and influence of Pinkerton, his contract as Presidential escort was cancelled. However, Pinkerton detected in time a plot to assassinate the President in Baltimore, but this was mocked and dismissed as a fabrication and a form of pressure to renew his contract. However, the subsequent assassination of Lincoln made him more famous and prestigious. The crisis of the private security mode! came about precisely because of their growing success. The pinkertons were called as volunteer members of the posse comitatus once having sworn before the sheriff to assume their function of public police, It was during the strike of 1892 when, in order to hold back disturbances, the Pinkertons were, as in other Occasions, used as police. The deaths caused by the shooting provoked by this police intervention caused a great impact and was rejected by the population. All this caused the first federal private security law, the Pinkerton act of 1893 which, for the first time, prohibited that members of private security companies act as police and law enforcement. This prohibition obligated the Department of Justice in 1905 to create its own Federal Police Corps which would later become the FBL Globalization made the old security model to be in the middle of the public debate” during the Iraq War.?In Iraq, private security companies 2 J, Horan, The Pinkertons: The Detective Dynasty that Made History (Crown, 1967). 2R. Jeffreys-Jones, Cloak and Dollar (Yale University Press, 2002). 2% M. Dorman, The Secret Service Story (Delacorte, 1967). 2 A. Leandetr, “Globalization and the State Monopoly on the Legitimate Use of Force”, Political Science Publication, Faculty of Social Sciences, n. 7, Copenhagen, 2004. H. Steiner, “The Indispensable Metaphor of War. On Populist Politics and the Contradictions of the State's Monopoly of Force”, Theoreticical Criminology, 7, 2003, p. 265. ? See the work of Professor of Administrative Law, P. Verkuil, Outsourcing Sovereignty. Why Privatization of Government Functions Threatens Democracy (Cambridge, 2007). N. Parrillo, “The de-privatization of American Warfare: How the U.S. Government Used, Regulated, and Ultimately Abandoned Privateering in the Nineteenth Century”, 16 Yale 1.L. and Human, 2007. 14 Global Administrative Law: Towards a Lex Administrativa services that require a highly specialized authorities (railroad, gas, water, etc.) as well as for other economic and social fields. Wilson's progressive movement was the true regenerator of the US Federal System making it and administrative State. Moreover, there were influences of European administrative models (mainly the German and English models). This transformation followed its own logic. lts main point was the instauration of independent administrative agencies and the introduction of specialized administrative personnel putting an end to the old spoil system. 1, TheRailroad Regulation The more important federal administrative regulatory reform begins in 1887 with the Interstate Commerce Commission.* A very important regulation is initiated in all matters that, according to the constitutional clause, will affect Interstate Commerce. The antecedent of the State's regulatory agencies, which later inspired this federal administrative reform, is the Massachusetts Railway Commission created in 1869. Mr. Charles Adams was its first President. At that time the railroad appeared as a natural monopoly: “for Americans, monopoly ultimately implied a foreclosure of those economic opportunities that set the New World democracy apart from the Old World tyranny. Any argument in favor of any form of monopoly bore therefore a crushing burden of negative national prejudice”.* At the beginning the legislators limited themselves to promote the construction of new railroads in order to compete with those already existing but, for Adams, this option made no sense. In 1869, he complained that legislators “only saw the existence of monopoly, but they did not realize that it was much easier and much cheaper to regulate it than to destroy it”. And for this it was necessary to create an administrative commission composed of specialists, the period of their position not coinciding with the period of the legislature. It was a matter of separating politics and administration. Obviously, the functioning of %D. Mayer, “The Myth of Laissez-faire Constitutionalism: Liberty of Contract During the Lochner Era”, 36 Hastings Const.L.Q., winter 2009, “Wilson subscribed thoroughly to the doctrine of historical progress that he had learned from reading German state theorist like Hegel and Bluntschli and from his own teachers such as Richard T. Ely, who had received their education at German universities”. R. Pestritto, The progressive origins of the administrative state... op.cit. “See the first stage in J. Marshaw, “Recovering American Administrative Law: Federalism Foundation, 1787-1801”, Yale Law Journal, April 2006. 37 McCraw, The Prophets of Regulation (Harvard U.P., 1984) p. 10. 146 Lao and Globalization: Between the United States and Europe this regulatory commission will influence later Wilson in his seminal essay “The study of Administration”.* The general political lines having been given the execution and the control as technical matter had to be reserved for an independent administrative organization composed of experts. The corruption that had appeared around the growing power of the railroad enterprises in collusion with politicians and administrators was a decisive factor for the creation of these regulatory commissions located outside the reach of politics. The creation of this agency allowed for the introductions of new model of independent public administration and a new concept of regulation. The agency was be able to summon the directors of railroad companies as well as other implicated protagonists, politicians or private parties and request them to declare before a public audience. It was also capable to issue reports and make recommendations. Their function was to see to the impartiality and transparency in the functioning of certain economic and entrepreneurial sectors. The purpose was to give more administrative power to these agencies. From that moment — although it might be difficult to understand it in the European tradition — the set of actions structuring a specific sector through multiple instruments was later to be called regulation. The agency or commission, safeguarding its power to demand information from the railroad enterprises, did not have any coercitive power. In the words of Adams “the commissioners have no power except that of recommending and reporting. Their only appeal is to publicity. The board is at once prosecuting officer, judge, and jury, but with no sheriff to enforce its process”. This is precisely what Adams wanted and his strategy has remained in the essence on the functions of the regulatory commissions “as one of the most ingenious” — and calculated denials — in the entire history of regulations.? Later, regulatory commissions in sectors such as electricity - not only on a State level but also on a federal level - would reproduce this scheme, creating a new administrative system, different from the one applied in continental Europe. % “Yet it was his own notion of the distinction between politics and administration, Wilson argued, that cleared the way for importing what was essentially a Prussian model of administration into the United States”. R. Pestritto, The Progressive Origins of the Administrative State... op.cit. W. Wilson, “The Study of Administration” (1887) in Classics of Public Administration, J. Shafritz and A. Hyde (Ed.) (The Dorsey Press, Chicago, 1987). % McCraw, op-cit., p 20. See on the evolution of the Theories of Administrative Law Professor W. Chase, The American Law School and the Rise of Administrative Government (Wisconsin, 1982). % The Pure Food and Drug Act and the Meat-Inspection Act (1906), “represented a significant widening of federal regulatory power” in U.S., McGerr, M., A fierce Discontent. The Rise and Fall of the Progressive Movement in America (Oxford U.P, 2003) p.163. 147 Law and Globalization: Betuveen the United States and Europe trained in the law should have borne an important part in that struggle for liberty and in the government (...).4 Community activism in the US always had a legal strategy founded on a so-called regulation through litigation. One of the first successes of this strategy was achieved by the women's mobilization inside the National Consumers' League (NCL) related to the recognition of the right of maximum working hours. A New York's State law established a limit to the working hours of NY bakers at ten per day, but it had been declared unconstitutional by the Supreme Court in Lochner o. New York, in 1905. On this case, Harlow said: In the disastrous case of Lochner v. Neto York, the Supreme Court drew on the “freedom of contract” doctrine to rule that protective legislation was unconstitutional unless justified on the grounds of health and safety. The Supreme Court, in the Lochmer era, stick to the maintenance of the conservative principles of laissez-faire and free market without restrictions and tended to strike down economic and social regulations. The line of argument of the Supreme Court on Lochner was the following: Itis a question of which of two powers or rights shall prevail —the power of the State to legislate or the right of the individual to liberty of person and freedom of contract. The mere assertion that the subject relates though but in a remote degree to the public health does not necessarily render the enactment valid. The act must have a more direct relation, as a means to an end, and the end itself must be appropriate and legitimate, before an act can be held to be valid which interferes with the general right of an individual to be free in his person and in his power to contract in relation to his own labor.” The legal advice of famous commentator Louis Brandeis* to the women's movement to support the Oregon act that established maximum hours work for them, was a decisive combination to induce a change on jurisprudence with the historic decision Muller v. Oregon. On Brandeis, Strum said: This theory of law was responsive to communal needs and his interest in the problems of labor came together in 1908, when he [Brandeis] worked * P, Strum (ed.), Brandeís on Democracy (U.P. Kansas, 1995) p. 53. * €. Harlow and R. Rawlings, Pressure Through law (London and NY, 1992) pp. 76-77. 4 Peckham, J., Opinion of the Court, Lochner v. N.Y. (No.292). * Who will later be advisor the President Wilson and mastermind of several administrative proposals. Later appointed Supreme Court Justice, 149 Global Administrative Law: Towards a Lex Administrativa with his sister-in-law Josephine Goldmark and the National Consumers' League on what became the famous Brandeis brief' in Muller v. Oregon (1908). Submitted to the United States Supreme Court on behalf of an Oregon law setting maximum hours of work for women, it devoted only two pages to legal precedent and over a hundred pages to sociological data demonstrating that overly long work days had negative effects on women and their families”. This change will endure a jump from a State based on the laissez-faire to a more interventionist and regulatory State. Thus an innovative administrative law will be initiated. Brandeis and the movement strategy were one of the first forms of regulation through information and evaluation by collecting scientific, medical and sociological data, about women's working conditions in America, even comparing with Europeans studies and regulations. He said “when women worked long hours, it was destructive to their health and morals”. Such conditions as poor health from standing for long hours, which reformers documented to justify state intervention, were translated by the justices as indicators of fundamental gender difference,% as shown below: The successes scored by the National Consumers' League (NCL) present a very different picture to the suffragists' record of failure.5! The importance of this innovation for the future of interest-group litigation cannot be overestimated: First, it opened the door to the admission of sociological and other contextual material not normally admissible under legal rules of evidence. This in turn encouraged American courts to take a bolder line on policy-making”.5 Over the next decades, laws for the woman worker generated the template for standards for all workers, shifting the discourse from the regulation of dangerous work to the protection of needy workers. Conceptions of gender, particularly notions of women's biological and social disadvantages, fueled both discussions about and the development of sociological jurisprudence, the documentation of social conditions to argue for legal changes. This emphasis on the state's responsibility to counter economic oppression derived from women's dual position at home and in the marketplace. The Great Depression would provide a contextual argument for those searching to end exploitation of made workers as well,% * P. Strum (ed.), Brandeis... op.cif., p. 10. 5% E, Boris, “Labor's Welfare State: Defining Workers, Constructing Citizens”, The Cambridge History of Law in America (Grossberg and Tomlins Ed., Vol. HII, 2008) p. 332. % Harlow, C,, Rawlings, R,, Pressure...op.cit,, p. 76. 32 Ibid, p. 77. 5% See note 50, p.334. 150