A Collection of Fascinating Maritime Lawsuits.Reprint of the sole edition."The book contains interesting narratives of out-of-the-way occurrences at sea and of the litigation to which they led." --American Law Review 62 (1928) 159.CONTENTS: Drake at the Suit of Doughty. Sallee Rovers at Winchester. The Battle of New Brighton. The Casting Away of the "Adventure." Neptune as Defendant. The Marooning of Robert Jeffery. The Cruise of the "Pylades."The "Felicidade." An Act of State. The Illeanon Pirates.William Senior [1861-1937] was the author of Doctors' Commons and the Old Court of Admiralty: A Short History of Civilians in England (1922) and The Historyof Maritime Law (1974.)

This book examines the obligations of troops to prevent serious abuses of human rights towards civilians under international humanitarian law and international human rights law. It analyzes the duty to intervene to stop the commission of serious abuses of human rights by analyzing the meaning and practical consequences for troops, in terms of civilian protection, of the Article 1 duty to respect and ensure respect for the Geneva Conventions; of the duty to secure human rights (found in most international human rights treaties); and of the duty to restore law and order in an occupation.
The book also analyzes the extent of troops' obligations to provide protection in light of various different operational and legal contexts in and discusses 'grey areas' and lacuna of coverage. A discussion of whether new approaches are needed, for example where operations are undertaken explicitly to protect people from serious violations of their human rights follows; and the book concludes by offering some guidelines for troops faced with such violations.

Governments often act in the name of security to protect their citizenries. For example by legislation or by the recruitment and employment of large numbers of armed personnel to detect and prosecute violent crime, or via engagements in military interventions to repel or pre-empt foreign attacks. These practices are often taken to have strong moral justifications. The value of security is linked to the value of life and the disvalue of violence and injury, and all of these are central both to theoretical accounts of and common sense views about the difference between right and wrong. The essays in this volume seek to increase our understanding of state action in the name of security and take a range of viewpoints and approaches. Some articles attempt to delimit the concept of security, or dispute attempted delimitations; some consider security as a 'good' and ask what sort of good it is, and how valuable; whilst others consider the relation between state action in the name of security and state action in the name of other goods, notably liberty, or consider ethical issues in health security, climate security and cybersecurity. Overall, this collection of essays shows how appeals by governments to the value of security have grown out of relatively recent events and processes at a global level, such as the response to pandemics, the acceleration of climate change, and counter-terrorism. The volume features an introductory essay and forms part of a five-volume series on legal ethics and the enforcement of law.

Even though the development of competition law in the countries of the former Eastern bloc has been based to a significant extent on arrangements existing in the European Union - including the case law of European courts and various instruments developed by the European Commission - numerous substantial differences remain both in regulatory regimes and in ongoing practice among the various countries. This first-ever practical survey of competition law in this region describes applicable regimes in sixteen of these countries, with additional country chapters on Austria and Turkey and a chapter on the role of the Eurasian Economic Commission.

The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers. Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiss, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. White

A true story that reads like a novel set in war torn South Korea. This book reflects the best and the worst of our military and shows how political motives can impact those in command of the military. It exemplifies the expendability of the rank and file to advance the careers of the powerful.

The Law of Armed Conflict is usually understood to be a regime of exception that applies only during armed conflict and regulates hostilities among enemies. It assigns privileges to states far beyond what they are allowed to do in peacetime, and it mandates certain protections for non-combatants, which can often be defeated by appeals to military necessity or advantage. The Laws of War in International Thought examines the intellectual history of the laws of war before their codification. It reconstructs the processes by which political and legal theorists built the laws' distinctive vocabularies and legitimized some of their broadest permissions, and it situates these processes within the broader intellectual project that from early modernity spelled out the nature, function, and powers of state sovereignty. The book focuses on four historical moments in the intellectual history of the laws of war: the doctrine of just war in Spanish scholasticism; Hugo Grotius's theory of solemn war; the Enlightenment theory of regular war; and late nineteenth-century humanitarianism. By looking at these moments, Pablo Kalmanovitz shows how challenging and polemical it has been for international theorists to justify the exceptional and permissive character of the laws of war. In this way, he contributes to recover a sense of the historical foundations and many still problematic aspects of the Law of Armed Conflict.

This book offers a comprehensive argument for why pre-existing international law on cluster munitions was inadequate to deal with the full scope of humanitarian consequences associated with their use. The book undertakes an interdisciplinary legal analysis of restraints and prohibitions on the use of cluster munitions under international humanitarian law, human rights law, and international criminal law, as well as in relation to the recently adopted Convention on Cluster Munitions (CCM). The book goes on to offer an in-depth substantive and procedural analysis of the negotiations which led to the 2008 CCM, in part based on the author's experiences as an adviser to Cluster Munitions Coalition-Austria.

Cluster Munitions and International Law is essential reading for practitioners and scholars of International Law, including International Humanitarian, Human Rights, International Criminal or Disarmament Law and anyone interested in legal and humanitarian perspectives on cluster munitions legislation and policy. It is unique in bringing a practitioner's perspective to a scholarly work.

Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.

The German Ministry of Defense decided in 2000 to commission a study comparing various European systems of military law. The present book contains not only the original study but also all national reports in English. It provides a comparative analysis of different European military law systems on the basis of national reports.

This book contends that modern concerns surrounding the UK State's investigation of communications (and, more recently, data), whether at rest or in transit, are in fact nothing new. It evidences how, whether using common law, the Royal Prerogative, or statutes to provide a lawful basis for a state practice traceable to at least 1324, the underlying policy rationale has always been that first publicly articulated in Cromwell's initial Postage Act 1657, namely the protection of British 'national security', broadly construed. It further illustrates how developments in communications technology led to Executive assumptions of relevant investigatory powers, administered in conditions of relative secrecy. In demonstrating the key role played throughout history by communications service providers, the book also charts how the evolution of the UK Intelligence Community, entry into the 'UKUSA' communications intelligence-sharing agreement 1946, and intelligence community advocacy all significantly influenced the era of arguably disingenuous statutory governance of communications investigation between 1984 and 2016. The book illustrates how the 2013 'Intelligence Shock' triggered by publication of Edward Snowden's unauthorized disclosures impelled a transition from Executive secrecy and statutory disingenuousness to a more consultative, candid Executive and a policy of 'transparent secrecy', now reflected in the Investigatory Powers Act 2016. What the book ultimately demonstrates is that this latest comprehensive statute, whilst welcome for its candour, represents only the latest manifestation of the British state's policy of ensuring protection of national security by granting powers enabling investigative access to communications and data, in transit or at rest, irrespective of location.

The 'Legal Pluriverse' Surrounding Multinational Military Operations conceptualizes and examines the "Pluriverse": the multiplicity of rules that apply to and regulate contemporary multinational missions, and the array of actors involved. These operations are further complicated by changes to the classification of the conflict, and the asymmetry of obligations on participants. Structured into five parts, this work seeks, through the diversity of its authorship, to set out the web of legal regimes applicable to military operations including forces from more than one state. It maps out the ways in which different regimes interact, beginning with the laws of armed conflict and their relation to international humanitarian and human rights norms, and extending through to areas like law of the sea and environmental law. A variety of contributors systematically compile and take stock of the various legal regimes that make up the pluriverse, assessing how these rules interact, exposing norm conflicts, areas of legal uncertainty, or protective loopholes. In this way, they identify and evaluate approaches to better streamline the different applicable legal frameworks with a view to enhancing cooperation and thereby ensuring the long-term success of multinational military operations.

This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. The book suggests that the WTO is an international organization built and operating on member states' attribution of authority through consent with legislative, administrative, and adjudicative functions - three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of services, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy - the force - ultimately for the benefits of individuals - the ends - in the global marketplace, and gains a soul of its own in the institutional evolution - the means - of the global trading regime. Although the tripartite dynamics between states, international institutions, and individuals in the global marketplace are unprecedentedly complex, the WTO's ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTO's decision-making by consensus, the book critically examines GATT's "common intention" treaty interpretation, Antidumping's NME methodology, TRIPS' public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means, and the ends of the constitutional evolution of the global trading regime.

This book explores the emergence and development of the legal concept of fair and equitable benefit-sharing, and its application in agriculture. Developed in the 1990s, the concept of fair and equitable benefit-sharing has been deployed in an ever-wider variety of international instruments, including those on biodiversity, climate change and human rights. A lack of clarity persists, however, on what fair and equitable benefit-sharing requires and entails, and whether its implementation supports or eventually undermines equity and justice. This book examines these questions in the area of land, food and agriculture, addressing for the first time several instances of the agricultural production chain, including research and development, land governance and land use and access to markets. It identifies challenges regarding implementation of the concept as enshrined in environmental treaties and soft-law instruments, with a focus on the International Treaty on Plant Genetic Resources for Food and Agriculture, the Voluntary Guidelines on Tenure and the UN Declaration on the Rights of Peasants. It investigates its role, enabling conditions and limitations, in a contradictory policy context involving environmental, food security and human rights objectives but also a growing web of multilateral and bilateral trade and investment agreements. Linking international law research with a socio-legal analysis, the book addresses four grassroots examples, which offer ideas for institutional and legal innovation from the local to the global level. This interdisciplinary title will be of great interest to students and scholars of international environmental law, agriculture, land law, development studies and global governance, as well as policymakers and practitioners working in these fields. "The Open Access version of this book, available at https://doi.org/10.4324/9780429198304, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license."

Examines the recent rise in the United States' use of preventive force More so than in the past, the US is now embracing the logic of preventive force: using military force to counter potential threats around the globe before they have fully materialized. While popular with individuals who seek to avoid too many "boots on the ground," preventive force is controversial because of its potential for unnecessary collateral damage. Who decides what threats are 'imminent'? Is there an international legal basis to kill or harm individuals who have a connection to that threat? Do the benefits of preventive force justify the costs? And, perhaps most importantly, is the US setting a dangerous international precedent? In Preventive Force, editors Kerstin Fisk and Jennifer Ramos bring together legal scholars, political scientists, international relations scholars, and prominent defense specialists to examine these questions, whether in the context of full-scale preventive war or preventive drone strikes. In particular, the volume highlights preventive drones strikes, as they mark a complete transformation of how the US understands international norms regarding the use of force, and could potentially lead to a 'slippery slope' for the US and other nations in terms of engaging in preventive warfare as a matter of course. A comprehensive resource that speaks to the contours of preventive force as a security strategy as well as to the practical, legal, and ethical considerations of its implementation, Preventive Force is a useful guide for political scientists, international relations scholars, and policymakers who seek a thorough and current overview of this essential topic.

Israeli Prisoner of War Policies: From the 1949 Armistice to the 2006 Kidnappings examines the development of Israel's policies toward prisoners of war across multiple conflicts. Taking POWs is an indication of strength and a method of deterrence. However, the conditions leading to the release of POWs are often the result of the asymmetry in diplomatic power between two parties, or, as in the case of Israel, the gap between military might and diplomatic weakness within a single country. Consequently, the issue of POWs and their military and diplomatic significance represents at least two levels of actors' behavior: what the criteria should be for taking POWs and what mechanism should be employed and what price should be paid in order to secure their release. Studying the prisoner exchange deals involving Israel reveals three eras in the emergence of Israeli POW policy. Israel has had no comprehensive policy or guiding set of directives. The lack of a well-established policy was not only the result of the unstable nature of Israeli politics, but was to a large extent the result of the tendency of most Israeli cabinets to delay critical decisions. Successive Israeli governments have witnessed three distinct periods of conflict requiring unique approaches to POWs: a confrontation with nation states, 1948/49 to the June 1967 War; a mixed challenge posed by national and sub-national players, 1967 to the aftermath of the October 1973 War; and the long battle with sub-national actors, first Palestinians and later Shi'ite and Sunni Muslims. This volume seeks to apply the lessons of Israel's complex POW policies to conflicts around the world.

The authoritative guide to the NEC4 Engineering and Construction Contract The New Engineering Contract (NEC) is one of the leading standard forms of contract for major construction and infrastructure projects. The latest edition of the contract (NEC4) is now a suite of contracts widely used in the UK, Australia, Hong Kong, South Africa, Ireland, and New Zealand. This timely and important book provides a detailed commentary on the latest edition of the main NEC4 Engineering and Construction Contract (NEC4 ECC) form. It explains how the contract is intended to operate and examines each clause to consider its application and legal interpretation. It also draws upon the author's highly successful third edition of the book covering the previous contract. It identifies and comments on the changes between the current and previous version of the form. After a brief introduction to the new edition of the form, The NEC4 Engineering and Construction Contract offers in-depth chapters covering everything from main options and secondary option clauses to risk assurances and NEC 4 family contracts. In between, readers will learn about general core clauses, the obligations and responsibilities of the contractor, testing and defects, payments, compensation events, and much more. Covers the latest version of the NEC Engineering and Construction Contract, the leading standard form contract for major construction projects Examines the new contract clause by clause and compares it with the previous edition Previous editions were widely acknowledged as detailed and fair analyses of the NEC contracts Written by a highly regarded contracts commentator, experienced arbitrator, and adjudicator The NEC4 Engineering and Construction Contract: A Commentary is an excellent book for construction industry professionals working for clients, employers, main contractors, project managers, subcontractors, and specialist contractors.

The Veterans Treatment Court Movement provides a comprehensive, empirical analysis of the burgeoning veteran's court movement from genesis through to operation, and concluding with comments on its societal relevance. Beginning with the unlikely convergence of therapeutic jurisprudence with the oft-misunderstood warrior ethos that undergirds the entire movement, the text examines every component of veterans courts, weighing the cultural, legal, and practical strengths and limitations of these programs. Each chapter assesses key components of the court, including the participants, law enforcement, judges, prosecution, defense counsel, court administration, data management, the Veterans Justice Outreach Officer (VJO), probation, mentors, and the community. The book concludes with recommendations on how these courts can further integrate with communities, maximize efficiency, and improve. The book shows how veterans courts seek to serve veterans' legal, social, and psychological needs, and how they serve more than just offending veterans by allowing law-abiding veterans, many of whom suffered greatly when they transitioned out of military service, to exorcize their own demons and integrate their experiences into a socially recognized system of care. Incorporating program evaluation with sociological considerations, this monograph offers a comprehensive, considered examination of how - and why - these courts operate, and provides a foundation for future development. The volume provides essential background for scholars studying law and the criminal courts, as well as policymakers, judges, academics, students, and practitioners concerned with effective jurisprudence.

This monograph analyses the questions raised by the legal effects of peremptory norms of international law (jus cogens). A comprehensive study of this problem has been lacking so far in international legal doctrine. Peremptory norms, although often criticised and even more often approached with sceptical nihilism, nevertheless attract growing doctrinal and practical attention and have increasing importance in determining the permissible limits on the action of State and non-State actors in different areas. In view of this overriding impact on what might otherwise be instances of the law-making process, peremptory norms concern a constitutional aspect of international law. Peremptory norms are non-derogable norms, and the concept of derogation is among the key concepts analysed here. Derogation from peremptory norms can be attempted in a wide variety of situations, but if peremptory norms are to operate as norms and not merely as aspirations they must generate consequences that are also peremptory. This effects-oriented character of peremptory norms is examined in a variety of fields. Despite the growing relevance of peremptory norms in practice, doctrine has failed to treat the issue comprehensively and has often been limited to examining specific aspects of the problem, such as the impact of peremptory norms in the law of treaties. This fresh effort to examine and explain the phenomenon of peremptory norms in key areas fills an important doctrinal gap through presenting in a systematic way the effects of peremptory norms and reappraising the significance of such effects, bearing in mind their overall nature. It also demonstrates that the hierarchical superiority of peremptory norms is not limited to the sphere of primary legal relations but becomes most crucially relevant after a specific peremptory norm is breached. A norm's peremptory character is relevant not only for its substance but also for its consequences; peremptoriness consists primarily in the capacity to impact through its effects upon conflicting acts, situations and agreements.

Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union.

Street trade is a critical and highly visible component of the informal economy, linked to global systems of exchange. Yet policy responses are dismissive and evictions commonplace. Despite being progressively marginalised from public space, street traders in the global south are engaged in spatial and political battlegrounds to reclaim space, and claim de facto property rights over their place of work, through quiet infiltration, union power, or direct action. This book explores 'rebel streets', the challenges faced by informal economy actors and how organised groups are seeking to reframe legal understandings to create new claims to space and urban rights. The book sets out new thinking and a conceptual framework for improved understanding of the plural relationship between law, rights, and space for the informal economy, the contest between traditional, modernist and rights-based approaches to development, and impacts on the urban working poor. With a focus on street trading, the book seeks to reframe the legal context in which modern informal economies operate, drawing on key areas of academic inquiry and case studies of how vendors are staking claim to urban rights. The book argues for a reconceptualisation of legal instruments to provide a rights-based framework for urban work that recognises the legitimacy of urban informal economies, the scope for collective management of urban resources, and the social value of public space as a site for urban livelihoods. It will be of interest to students and scholars of geography, economics, urban studies, development studies, political studies and law.

Colonel William Winthrop singularly was the most influential person in developing the military law of the United States. A half century ago, the Supreme Court tendered to Winthrop the title, "The Blackstone of Military Law," meaning simply that his influence outshone all others. He has been cited over 20 times by the highest court and well over a 1,000 times by other federal courts, state courts, and legal texts. In this, he surpasses most other legal scholars, save Joseph Story, John Marshall, or Felix Frankfurter. But while biographies of each of these Supreme Court Justices have been written, there has been none to date on Winthrop. The Blackstone of Military Law: Colonel William Winthrop is the first biography on this important figure in military and legal history. Written in both a chronological and thematic format, author Joshua E. Kastenberg begins with Winthrop's legal training, his involvement in abolitionism, his military experiences during the Civil War, and his long tenure as a judge advocate. This biography provides the necessary context to fully appreciate Winthrop's work, its meaning, and its continued relevance.