Why is the 1979 the Court of Justice judgment in Cassis de Dijon so famous and so significant in the evolution of EU trade law?. As this landmark judgment approaches middle age, this book revisits this decision with the benefit of hindsight: why did the Court of Justice decide Cassis de Dijon as it did? How has the decision been developed by the EU? And, looking forward, how has the decision been used to develop international trade? This book brings together some of the leading writers in the field of EU trade law, constitutional law and European history for a fresh examination of this ground-breaking judgment, looking at it from the perspective of its past (who, what and why); its present (is it making a difference?); and its future (how does it fit in international trade agreements).

Today more than one hundred small, asymmetric, and revolutionary wars are being waged around the world. This book provides invaluable tools for fighting such wars by taking enemy perspectives into consideration. The third volume of a trilogy by Max G. Manwaring, it continues the arguments the author presented in Insurgency, Terrorism, and Crime and Gangs, Pseudo-Militaries, and Other Modern Mercenaries. Using case studies, Manwaring outlines vital survival lessons for leaders and organizations concerned with national security in our contemporary world. The insurgencies Manwaring describes span the globe. Beginning with conflicts in Algeria in the 1950s and 1960s and El Salvador in the 1980s, he goes on to cover the Shining Path and its resurgence in Peru, Al Qaeda in Spain, popular militias in Cuba, Haiti, and Brazil, the Russian youth group Nashi, and drugs and politics in Guatemala, as well as cyber warfare. Large, wealthy, well-armed nations such as the United States have learned from experience that these small wars and insurgencies do not resemble traditional wars fought between geographically distinct nation-state adversaries by easily identified military forces. Twenty-first-century irregular conflicts blur traditional distinctions among crime, terrorism, subversion, insurgency, militia, mercenary and gang activity, and warfare. Manwaring's multidimensional paradigm offers military and civilian leaders a much needed blueprint for achieving strategic victories and ensuring global security now and in the future. It combines military and police efforts with politics, diplomacy, economics, psychology, and ethics. The challenge he presents to civilian and military leaders is to take probable enemy perspectives into consideration, and turn resultant conceptions into strategic victories.

This book explores a disciplinary matrix for the study of the law and governance concerning mining and minerals from a global perspective. The book considers the key challenges of achieving the goals of Agenda 2030 and the transition to low-carbon circular economies. The perspective encompasses the multi-faceted and highly complex interaction of multiple fields of international law and policy, soft law and standards, domestic laws and regulations as well as local levels of ordering of social relations. What emerges is a largely neglected, unsystematised and under-theorised field of study which lies at the intersection of the global economy, environmental sustainability, human rights and social equity. But it also underlies the many loopholes to address at all levels, most notably at the local level - land and land holders, artisanal miners, ecosystems, local economies, local linkages and development. The book calls for a truly cosmopolitan academic discipline to be built and identifies challenges to do so. It also sets a research agenda for further studies in this fast-changing field.

This open access volume surveys the state of the field to examine whether a fifth wave of deterrence theory is emerging. Bringing together insights from world-leading experts from three continents, the volume identifies the most pressing strategic challenges, frames theoretical concepts, and describes new strategies. The use and utility of deterrence in today's strategic environment is a topic of paramount concern to scholars, strategists and policymakers. Ours is a period of considerable strategic turbulence, which in recent years has featured a renewed emphasis on nuclear weapons used in defence postures across different theatres; a dramatic growth in the scale of military cyber capabilities and the frequency with which these are used; and rapid technological progress including the proliferation of long-range strike and unmanned systems. These military-strategic developments occur in a polarized international system, where cooperation between leading powers on arms control regimes is breaking down, states widely make use of hybrid conflict strategies, and the number of internationalized intrastate proxy conflicts has quintupled over the past two decades. Contemporary conflict actors exploit a wider gamut of coercive instruments, which they apply across a wider range of domains. The prevalence of multi-domain coercion across but also beyond traditional dimensions of armed conflict raises an important question: what does effective deterrence look like in the 21st century? Answering that question requires a re-appraisal of key theoretical concepts and dominant strategies of Western and non-Western actors in order to assess how they hold up in today's world. Air Commodore Professor Dr. Frans Osinga is the Chair of the War Studies Department of the Netherlands Defence Academy and the Special Chair in War Studies at the University Leiden. Dr. Tim Sweijs is the Director of Research at The Hague Centre for Strategic Studies and a Research Fellow at the Faculty of Military Sciences of the Netherlands Defence Academy in Breda.

Today more than one hundred small, asymmetric, and revolutionary wars are being waged around the world. This book provides invaluable tools for fighting such wars by taking enemy perspectives into consideration. The third volume of a trilogy by Max G. Manwaring, it continues the arguments the author presented in "Insurgency, Terrorism, and Crime" and "Gangs, Pseudo-Militaries, and Other Modern Mercenaries." Using case studies, Manwaring outlines vital survival lessons for leaders and organizations concerned with national security in our contemporary world.
The insurgencies Manwaring describes span the globe. Beginning with conflicts in Algeria in the 1950s and 1960s and El Salvador in the 1980s, he goes on to cover the Shining Path and its resurgence in Peru, Al Qaeda in Spain, popular militias in Cuba, Haiti, and Brazil, the Russian youth group Nashi, and drugs and politics in Guatemala, as well as cyber warfare.
Large, wealthy, well-armed nations such as the United States have learned from experience that these small wars and insurgencies do not resemble traditional wars fought between geographically distinct nation-state adversaries by easily identified military forces. Twenty-first-century irregular conflicts blur traditional distinctions among crime, terrorism, subversion, insurgency, militia, mercenary and gang activity, and warfare.
Manwaring's multidimensional paradigm offers military and civilian leaders a much needed blueprint for achieving strategic victories and ensuring global security now and in the future. It combines military and police efforts with politics, diplomacy, economics, psychology, and ethics. The challenge he presents to civilian and military leaders is to take probable enemy perspectives into consideration, and turn resultant conceptions into strategic victories.

This innovative collection offers one of the first analyses of criminologies of the military from an interdisciplinary perspective. While some criminologists have examined the military in relation to the area of war crimes, this collection considers a range of other important but less explored aspects such as private military actors, insurgents, paramilitary groups and the role of military forces in tackling transnational crime. Drawing upon insights from criminology, this book's editors also consider the ways the military institution harbours criminal activity within its ranks and deals with prisoners of war. The contributions, by leading experts in the field, have a broad reach and take a truly global approach to the subject.

The Third Edition of this textbook (formerly Maggs and Schenck's Modern Military Justice) comprehensively covers the modern military justice system of the United States under the Uniform Code of Military Justice. It has been updated to address significant changes made in the 2019 Manual for Courts-Martial, the Military Justice Act of 2016, and other recent legislation. The materials included come from every Service within the Armed Forces and show how the military justice system addresses criminal offenses, ranging from minor infractions to serious offenses such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; the role of judge advocates; military offenses and defenses; pre-trial, trial, and appellate military justice (criminal) procedures; nonjudicial punishment and other alternatives to courts-martial; expanding military justice including trial of civilians by courts-martial; the relationship of courts-martial to state and federal courts; and much more. All chapters include policy questions about currently controversial issues. The text is appropriate for all students, whether or not they have had prior military experience.

The military plays an important role in nation-building and national security. Notwithstanding special requirements of military life, the members of the armed forces should enjoy the rights guaranteed in the Constitution and other relevant international human rights treaties which India has ratified to the extent that those rights are available to other citizens of the country. The guarantee of a fair trial should apply to all proceedings under the military legal system, including summary trial and summary systems of court martial. The government must ensure the economic, social, and cultural rights of military personnel including housing, medical care, education, free legal aid and social security. Derogations of the Fundamental Rights under Article 33 should not be carried so far as to create a class of citizens who are not entitled to the benefits of the liberal interpretation of the Constitution. This book is aimed at all those who are involved in promoting, protecting, and enforcing the rights of not only the members of the armed forces, but also the other forces engaged in the security of the country. It will of relevance to parliamentarians, government officials, military authorities and members of the civil society who have a stake in the armed forces.

Soldiers found guilty of desertion or cowardice during the Great War
faced death by firing squad. In this revealing look at military law in
the Canadian Expeditionary Force, historian Teresa Iacobelli examines
the cases of 25 Canadian soldiers who were executed by their own
military as well as the untold stories of the 197 men who were
sentenced to death but spared.

"Death or Deliverance" - the first book to
consider commuted sentences alongside cases that ended in tragic
executions - offers a nuanced account of military law in the
Great War. Novels, histories, movies, and television series often
depict courts martial as brutal and inflexible, and social memories of
this system of frontline justice have inspired modern movements to seek
pardons for soldiers executed on the battlefield. Beyond well-known
stories of unyielding and callous generals, however, lies another
story, one of a disciplinary system capable of thoughtful review and
compassion for the individual soldier.

Published to coincide with the centennial anniversary of the
outbreak of the First World War, this book reconsiders an important and
unexamined chapter in the history of both a war and a nation.

Teresa Iacobelli received a doctorate in
2010 from the University of Western Ontario and is a SSHRC
postdoctoral fellow. Her current research examines how the two world
wars have been portrayed in popular media and how these depictions have
shaped Canadian identity and social memories of war.

The American military's public international strategy of Communist containment, systematic weapons build-ups, and military occupations across the globe depended heavily on its internal and often less visible strategy of controlling the lives and intimate relationships of its members. From 1950 to 2000, the military justice system, under the newly instituted Uniform Code of Military Justice, waged a legal assault against all forms of sexual deviance that supposedly threatened the moral fiber of the military community and the nation. Prosecution rates for crimes of sexual deviance more than quintupled in the last quarter of the twentieth century. Drawing on hundreds of court-martial transcripts published by the Judge Advocate General of the Armed Forces, Policing Sex and Marriage in the American Military explores the untold story of how the American military justice system policed the marital and sexual relationships of the service community in an effort to normalize heterosexual, monogamous marriage as the linchpin of the military's social order. Almost wholly overlooked by military, social, and legal historians, these court transcripts and the stories they tell illustrate how the courts' construction and criminalization of sexual deviance during the second half of the twentieth century was part of the military's ongoing articulation of gender ideology. Policing Sex and Marriage in the American Military provides an unparalleled window into the historic criminalization of what were considered sexually deviant and violent acts committed by U.S. military personnel around the world from 1950 to 2000.

This textbook gives an up-to-date and comprehensive analysis of the law of armed conflict or international humanitarian law. The author has traced the history of the laws of war and examined their relations with human rights and refugee laws. The topics covered include protection to the victims of war: prisoners, civilians, women, children, journalists, the natural environment and cultural property. The book contains an updated account of the functioning of the International Criminal Court, and explores the concept of command responsibility, as well as the area of private military and security companies. Besides discussing the law during air and naval warfare, the author has critically examined certain challenges which humanitarian law is facing today from cyber warfare; drones, autonomous lethal weapons and nuclear weapons. This textbook is an invaluable resource for anyone interested or working in the field of international humanitarian law: teachers, students, lawyers, government officials, military and police personnel, researchers and human rights activists.

This book provides academics and lay persons with Kafkaesque readings of our memories of the 2007 Nisour Square shootings in Iraq. The author uses critical analyses of the rise of Blackwater, support for private security firms and private contracting, prosecutorial and defense preparations and the 2014 jury trial to argue that most observers have drastically underestimated the groundswell of support that existed for Erik Prince and many other defenders of military or security outsourcing. This book puts on display the cultural, legal, and political difficulties that confronted those who wanted to try former Blackwater security guards in the name of belated social justice.