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 idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.

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.

Recent decades have seen an increasing reliance on private military contractors (PMCs) to provide logistical services, training, maintenance, and combat troops. In Outsourcing War, Amy E. Eckert examines the ethical implications involved in the widespread use of PMCs, and in particular questions whether they can fit within customary ways of understanding the ethical prosecution of warfare. Her concern is with the ius in bello (right conduct in war) strand of just war theory.Just war theorizing is generally built on the assumption that states, and states alone, wield a monopoly on the legitimate use of force. Who holds responsibility for the actions of PMCs? What ethical standards might they be required to observe? How might deviations from such standards be punished? The privatization of warfare poses significant challenges because of its reliance on a statist view of the world. Eckert argues that the tradition of just war theory-which predates the international system of states-can evolve to apply to this changing world order. With an eye toward the practical problems of military command, Eckert delves into particular cases where PMCs have played an active role in armed conflict and derives from those cases the modifications necessary to apply just principles to new agents in the landscape of war.

Recent bid protests have caused large disruptions in resource and operational planning in the Air Force, even leading to the cancellation of the Combat Search and Rescue helicopter program. Some tactics that the Air Force could use to counter such protests in the future include simplifying and clarifying selection criteria and priorities, explaining how its cost estimates are developed, and involving attorneys in external review of bids.

On the night of April 8, 1956, marine drill instructor, Matthew McKeon led Platoon 71 on a forced march through the backwaters of Parris Island in an effort to restore flagging discipline. Unexpectedly strong currents in Ribbon Creek and an ensuing panic led to the drowning of six recruits. The tragedy of Ribbon Creek and the court-martial of Staff Sergeant McKeon became the subject of sensational national media coverage and put the future of the U.S. Marine Corps in jeopardy. In this definitive account of the Ribbon Creek, incident former marine and experienced trial lawyer and judge John C. Stevens III examines the events of that night, the men of Platoon 71, and the fate of Sergeant McKeon. Drawing on personal interviews with key participants and his own extensive courtroom experience, Stevens balances the human side of this story with insights into the court proceedings and the tactics of the prosecution and defense attorney Emile Zola Berman. The resulting narrative is a richly developed account of a horrific episode in American military history and of the complex characters at the heart of this cautionary tale.

This book focuses on the building of a crypto economy as an alternative economic space and discusses how the crypto economy should be governed. The crypto economy is examined in its productive and financialised aspects, in order to distil the need for governance in this economic space. The author argues that it is imperative for regulatory policy to develop the economic governance of the blockchain-based business model, in order to facilitate economic mobilisation and wealth creation. The regulatory framework should cater for a new and unique enterprise organisational law and the fund-raising and financing of blockchain-based development projects. Such a regulatory framework is crucially enabling in nature and consistent with the tenets of regulatory capitalism. Further, the book acknowledges the rising importance of private monetary orders in the crypto economy and native payment systems that do not rely on conventional institutions for value transfer. A regulatory blueprint is proposed for governing such monetary orders as 'commons' governance. The rise of Decentralised Finance and other financial innovations in the crypto economy are also discussed, and the book suggests a framework for regulatory consideration in this dynamic landscape in order to meet a balance of public interest objectives and private interests. By setting out a reform agenda in relation to economic and financial governance in the crypto economy, this forward-looking work argues for the extension of 'regulatory capitalism' to this perceived 'wild west' of an alternative economic space. It advances the message that an innovative regulatory agenda is needed to account for the economically disruptive and technologically transformative developments brought about by the crypto economy.

This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.

This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.

This book addresses an important but little-noticed phenomenon in the revolutionary world of military technology. Across a wide range of otherwise-unrelated weapons programs, the Pentagon is now pursuing arms that are deliberately crafted to be less powerful, less deadly, and less destructive than the systems they are designed to supplement or replace. This direction is historically anomalous; military forces generally pursue ever-bigger bangs, but the modern conditions of counter-insurgency warfare and military operations 'other than war' (such as peacekeeping and humanitarian assistance) demand a military capable of modulated force. By providing a capacity to intervene deftly yet effectively, the new generations of 'useable' weaponry should enable the U.S. military to accomplish its demanding missions in a manner consistent with legal obligations, public relations realities, and political constraints. Five case studies are provided, regarding precision-guided 'smart bombs', low-yield nuclear weapons, self-neutralizing anti-personnel land mines, directed-energy anti-satellite weapons, and non-lethal weapons.

Dieses Buch mit der Darstellung des deutschen und chinesischen Arbeits- und Steuerrechts wird dem Leser zum besseren Verstandnis und als Hilfe zur Verstandigung in deutscher, englischer, chinesischer und mit der aktualisierten 2. Auflage auch in japanischer Sprache zur Verfugung gestellt. Es ermoeglicht aufgrund der identischen Struktur der vier sprachlichen Teile eine einfachere Kommunikation mit den Kollegen in den verschiedenen Landern. Neben dem Arbeitsrecht werden auch das Sozialversicherungsrecht sowie Aspekte des internationalen Steuerrechts behandelt. This book summarizes the German and Chinese labour and tax laws in German, English, Chinese and from this updated 2nd edition on also in Japanese. The identical structure of the quadrilingual book parts enables an easier communication between colleagues in the respective countries. Apart from labour law, issues of social security and international tax law are also discussed.

The objective of this study is to analyse the EU anti-dumping policy towards Russia and its impact on the bilateral trade relations. The study is divided into four Parts. Part 1 is dedicated to general legal analysis of trade relations between the European Union and Russia with emphasis on EU anti-dumping law. Part 2 provides detailed analysis of the EU anti-dumping rules and practice applicable to Russia, including the case study. In Part 3 the author examines the essence of the historic amendments to the EU anti-dumping legislation of 8th November 2002, which granted Russia a market economy status. Finally, Part 4 gives an overview of the future prospects in view of the EU enlargement in 2004 and Russian membership in the World Trade Organisation.

Contrary to widespread rhetoric of deregulation, the media are objects of increased global policy. Generators of cultural spheres, within which social consensus is formed, the media are shaped by national and supranational agencies of questionable legitimacy. Policy delineates the form and content of global communications impinging on cultures, discourses and consciousness; yet, citizen representation in processes of policy-making remains fragmentary. In this insightful study, the author examines the role of the European Parliament, as the only international organisation directly accountable to and elected by citizens, in the formation of media policy. This critical account of supranational representation identifies the structural and ideological dynamics of powers in European media policy. Through detailed examination of major policies, the author demonstrates the conditions under which supranational representation can offer a resisting force to unaccountable global powers, and the ways in which it can contribute to system transformation and defend communication spaces.