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Books > Law > Other areas of law > Military law & courts martial
Volume 2 provides a practice-oriented presentation of the content and scope of copyright protection for media products. It explains copyright laws applicable to different categories of works and offers suggestions for contract design.
Since the end of the Cold War, the Middle East has been the focus of various projects for the establishment of arms control (including CBMs) regimes. Whereas some of these projects were initiated at the global level, others were discussed and debated at the regional level. This book analyses the global and regional dynamics of arms control in the Middle East in the post-Cold War era. It examines American and European arms control projects, the contexts in which they were presented, the reactions of major regional actors, and their impacts on arms control efforts in the region. It assesses Arab perceptions of the motivations for and constraints on establishing arms control regimes. It also explores the prospects of regional arms control in the context of the ongoing Arab Spring with its ramifications for Arab regional politics, and provides a new perspective on arms control in the Middle East. This volume enriches the ongoing discourse, which to date has been dominated by mainly Western perspectives.
Volume 1 presents the full range of European media law with a practical orientation. It covers EU directive policy along with the problems encountered in translating Community law into national contexts. In addition, the Handbook discusses issues related to the practical enforcement of claims and licensing rights in the realm of intellectual property.
The book makes a comprehensive analysis of the basic principles and theories of military law, restructuring the theoretic framework of military law. It also puts forwards the new concepts of "core military law" and "international military law" for the first time in China, and even the world. The book could help legal scholars and lawyers, especially military lawyers and research fellows in military law, to have a new approach to study military law.
Die Rechtsfolgen des Refinanzierungsregisters koennen eine entscheidende Weichenstellung bei der Strukturierung von mit Sicherheiten gedeckten Wertpapieren darstellen. Erst wenn die Deckungsmasse haftungsrechtlich den Anlegern vollstandig zugeordnet werden kann, geniessen Wertpapierforderungen einen besonderen Schutz, der vor allem bei Asset-Back Securities und Pfandbriefen so immanent ist. Khanh Dang Ngo widmet sich in der Studie den Rechtsfolgen einer Registereintragung gemass 22j KWG und wird dabei von der grundlegenden Frage begleitet: Wie gut sichert eine Registereintragung die eingetragenen Vermoegensgegenstande vor dem Zugriff Dritter ab? Er analysiert die Probleme eines unvollstandigen Schutzes der Registereintragung und bietet moegliche Loesungen zu ihrer Bewaltigung an.
Historian Chris Bray (a former soldier) tells the sweeping story of military justice from the institution of the American court martial in the earliest days of the Republic to contemporary arguments over how to use military courts to try foreign terrorists or soldiers accused of sexual assault.
Over the last decade, the U.S., UK Israel and other states have begun to use Unmanned Aerial Vehicles (UAVs) for military operations and for targeted killings in places like Pakistan, Yemen and Somalia. Worldwide, over 80 governments are developing their own drone programs, and even non-state actors such as the Islamic State have begun to experiment with drones. The speed of technological change and adaptation with drones is so rapid that it is outpacing the legal and ethical frameworks which govern the use of force. This volume brings together experts in law, ethics and political science to address how drone technology is slowly changing the rules and norms surrounding the use of force and enabling new, sometimes unprecedented, actions by states. It addresses some of the most crucial questions in the debate over drones today. Are drones a revolutionary form of technology that will transform warfare or is their effect merely hype? Can drone use on the battlefield be made wholly consistent with international law? How does drone technology begin to shift the norms governing the use of force? What new legal and ethical problems are presented by targeted killings outside of declared war zones? Should drones be considered a humane form of warfare? Finally, is it possible that drones could be a force for good in humanitarian disasters and peacekeeping missions in the near future? This book was previously published as a special issue of The International Journal of Human Rights.
Targeting Americans: The Constitutionality of the U.S. Drone War focuses on the legal debate surrounding drone strikes, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of the legal questions raised by targeted killing, the author asserts that there has been remarkably little careful analysis of the fundamental legal question: the constitutionality of the policy. From a position of deep practical expertise in constitutional issues, Prof. Powell provides a dispassionate and balanced analysis of the issues posed by U.S. targeted killing policy, using the killing of Anwar al-Awlaki in September 2011 as a focus for discussion. While Powell concludes that the al-Awlaki strike was constitutional under 2001 legislation, he rejects the Obama administration's broader claims of authority for its drone policies. Furthermore, he argues, citizens acting as combatants in al-Qaeda and associated groups are not entitled to due process protections: by due process standards, the administration's procedures are legally inadequate. A fundamental theme of the book is that the conclusion that an action or policy is constitutional should not be confused with claims about its wisdom, morality, or legality under international norms. Part of the purpose of constitutional analysis is to draw attention to these other normative concerns and not, as is too often the case, to occlude them.
Gunfight is a timely work examining America s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns not abortion, race, or religion are at the heart of America s cultural divide. Using the landmark 2008 case District of Columbia v. Heller which invalidated a law banning handguns in the nation s capital as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation."
This volume provides an authoritative, cutting-edge resource on the characteristics of both technological and social change in warfare in the twenty-first century, and the challenges such change presents to international law.
Drunken disorderliness. Cowardice in battle. Writing bad cheques. Vulgarity. Sexual indecency. Adultery. Following courts martial for such disgraceful behaviour, hundreds of Canadian officers lost their commissions during the First and Second World Wars. Scandalous Conduct investigates the changing definitions that shaped the quintessential honour crime known as "conduct unbecoming an officer and a gentleman." The dishonour represented a direct challenge to the discredited officer's prestige, livelihood, and sense of manhood. Drawing on fascinating court cases never before studied, Scandalous Conduct concludes that military honour was not a stable concept; instead it depended on social circumstances and disciplinary requirements.
This book provides a comprehensive, systematic overview of issues related to internet liability. It takes into account the new legal framework created by the German Telemedia Act and the most recent rulings of the German Federal Supreme Court. The German Telemedia Act's new liability provisions cover accountability for material property rights, data protection, personality rights, and liability for incorrect information.
Der Steuerfachmann kommt mit dem Steuerstrafrecht dann in Beruhrung, wenn davon steuerrechtliche Massnahmen abhangen. Das gilt etwa fur die verlangerte Festsetzungfrist bei leichtfertiger oder vorsatzlicher Steuerverkurzung, fur die Anderung von Steuerbescheiden nach Aussenprufung und die Festsetzung von Hinterziehungszinsen. Auch die strafbefreiende Selbstanzeige gehort zur Praxis des Beraters. Ihre Voraussetzungen und Modalitaten (mit Muster) bilden den Schwerpunkt neben dem Verhalten des steuerlichen Beraters im Ermittlungsverfahren gegen seinen Mandanten - insbesondere bei Durchsuchungen in der eigenen Kanzlei. Eingeschlossen sind auch die Rechte und Pflichten bei einer Verteidigung des Mandanten. Insgesamt bietet das Buch eine umfassende Hilfestellung bei der Bearbeitung steuerstrafrechtlicher Fragen."
This collection of essays considers the evolution of American institutions and processes for forming and implementing US national security policy, and offers diverse policy prescriptions for reform to confront an evolving and uncertain security environment. Twelve renowned scholars and practitioners of US national security policy take up the question of whether the national security institutions we have are the ones we need to confront an uncertain future. Topics include a characterization of future threats to national security, organizational structure and leadership of national security bureaucracies, the role of the US Congress in national security policy making and oversight, and the importance of strategic planning within the national security enterprise. The book concludes with concrete recommendations for policy makers, most of which can be accomplished under the existing and enduring National Security Act. This book will be of much interest to students of US national security, US foreign policy, Cold War studies, public policy and Internationl Relations in general.
This monograph is principally the work of the late Martin Norr. He completed a draft of the entire monograph but had not yet revised it when he died in late 1972. At that time, the integration of corporate and shareholder taxation was just beginning to become of widespread interest in the United States. With the increasing interest thereafter, the International Tax Program began to revise his manuscript, making as few changes as possible in the original draft. We had the benefit of criticism and analysis from Professor Richard M. Bird of the University of Toronto, now Director of the Institute of Policy Analysis there. In addition, Mr. Mitsuo Sato of the Ministry of Finance in Japan gave freely of his time in carefully suggesting changes throughout the manuscript. The present version of Chapter 3 owes a great deal to his additions and suggestions. Thanks are also due to Professor Hugh J. Ault of Boston College Law School for the Appendix, containing his description of the German integration system that became effective in 1977, which was first published in Law & Policy in International Business. Mr. Norr's interest in the subject of corporate and shareholder taxation developed while he was writing the International Tax Program's World Tax Series volume Taxation in France, published in 1966. The integration of French taxes on corporations and shareholders took place just after that volume was finished, but had been under discussion in France for some time before then.
This volume presents articles on economic issues in the Holy Roman Empire. The specific themes examined here are monetary and regulatory policy, fundraising through lottery games, trade and trade prohibitions, guilds, allodification of military tenure, limitation of liability for women in the case of bankruptcy and corruption at the Imperial Chamber.
The essays in this volume illustrate the difficult real world ethical questions and issues arising from accelerating technological change in the military and security domains, and place those challenges in the context of rapidly shifting geopolitical and strategic frameworks. Specific technologies such as autonomous robotic systems, unmanned aerial vehicles, cybersecurity and cyberconflict, and biotechnology are highlighted, but the essays are chosen so that the broader implications of fundamental systemic change are identified and addressed. Additionally, an important consideration with many of these technologies is that even if they are initially designed and intended for military or security applications, they inevitably spread to civil society, where their application may raise very different ethical questions around such core values as privacy, security from criminal behaviour, and state police power. Accordingly, this volume is of interest to students of military or security domains, as well as to those interested in technology and society, and the philosophy of technology.
Umfassende Darstellung und rechtliche W rdigung des Biosafety-Protokolls sowie seiner Auswirkungen auf das Welthandelssystem der WTO. Im ersten Teil wird eine Einf hrung in die Gr ne Gentechnik," ihre Grundlagen, Chancen und Risiken gegeben; der zweite Teil behandelt dann das Biosafety-Protokoll, seine Entstehung, Inhalte und Einbindung in das internationale Regelungsgeflecht. Im Anschluss daran werden die Auswirkungen des Protokolls auf das System der WTO analysiert.
In the 2010s, America's adversaries conducted numerous damaging cyber operations inside the United States: the Office of Personnel Management breach, attacks on banks, persistent intellectual property theft by China, and the Russian intervention in the 2016 election. The US-possessor of the world's most powerful cyber arsenal-responded in 2018 by unveiling a new Defend Forward strategy. It is a large step in the direction of more aggressive action in cyberspace-albeit for defensive ends. The US has not attempted to hide this shift. To the contrary, it has telegraphed the change. But the telegraphing has taken place at a highly abstract level. Very little is known about precisely what types of operations Defend Forward entails. While the US government has asserted that Defend Forward is consistent with domestic and international law, it has not explained how the new strategy overcomes the perceived legal constraints that previously tempered US responses to cyber intrusions and threats. This volume, edited by Jack Goldsmith and featuring a cast of leading scholars in the field, provides an authoritative overview of the origins and operation of Defend Forward, and a comprehensive assessment of its legality. For anyone interested in the future of great power conflict and the cyber strategies that the US is deploying against its adversaries, The United States' Defend Forward Cyber Strategy is an essential read.
Drunken disorderliness. Cowardice in battle. Writing bad cheques. Vulgarity. Sexual indecency. Adultery. Following courts martial for such disgraceful behaviour, hundreds of Canadian officers lost their commissions during the First and Second World Wars. Scandalous Conduct investigates the changing definitions that shaped the quintessential honour crime known as "conduct unbecoming an officer and a gentleman." The dishonour represented a direct challenge to the discredited officer's prestige, livelihood, and sense of manhood. Drawing on fascinating court cases never before studied, Scandalous Conduct concludes that military honour was not a stable concept; instead it depended on social circumstances and disciplinary requirements.
Das deutsche Steuerrecht ist durch bestandigen Wandel gepragt. Der Steuerrechtswissenschaft fallt die Aufgabe zu, sich abzeichnende Entwicklungen moeglichst fruhzeitig zu identifizieren und wissenschaftlich zu durchdringen. Auf Anregung des Max-Planck-Instituts fur Steuerrecht und OEffentliche Finanzen haben sich bereits zum zweiten Mal fuhrende Steuerrechtswissenschaftlern der jungeren Generation mit von ihnen als besonders wichtig erachteten "Zukunftsfragen" des deutschen Steuerrechts befasst. Die Bandbreite der behandelten Themen reicht von den verfassungsrechtlichen und europarechtlichen Rahmenbedingungen der Steuerrechtsordnung uber das Potential der Kodifikationsidee im Steuerrecht bis hin zur Besteuerung des Finanzsektors und zur Vermeidung der Umsatzsteuerdefinitivbelastung bei Koerperschaften des oeffentlichen Rechts. |
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