This guide is written to show users how to complete the simple communication forms provided for the NEC3 Engineering and Construction Contract (ECC). Clarity of communications, in a form that can be read, copied and recorded, should assist compliance with the contract and reduce misunderstandings and disputes.

In a world that is increasingly unstable, intelligence services like the American CIA and the United Kingdom's MI6 exist to deliver security. Whether the challenge involves terrorism, cyber-security, or the renewed specter of great power conflict, intelligence agencies mitigate threats and provide decisional advantage to national leaders. But empowered intelligence services require adequate supervision and oversight, which must be about more than the narrow (if still precarious) task of ensuring the legality of covert operations and surveillance activities. Global Intelligence Oversight is a comparative investigation of how democratic countries can govern their intelligence services so that they are effective, but operate within frameworks that are acceptable to their people in an interconnected world. The book demonstrates how the institutions that oversee intelligence agencies participate in the protection of national security while safeguarding civil liberties, balancing among competing national interests, and building public trust in inherently secret activities. It does so by analyzing the role of courts and independent oversight bodies as they operate in countries with robust constitutional frameworks and powerful intelligence services. The book also illuminates a new transnational oversight dynamic that is shaping and constraining security services in new ways. It describes how global technology companies and litigation in transnational forums constitute a new form of oversight whose contours are still undefined. As rapid changes in technology bring the world closer together, these forces will complement their more traditional counterparts in ensuring that intelligence activities remain effective, legitimate, and sustainable.

Military justice systems across the world are in a state of transition. These changes are due to a combination of both domestic and international legal pressures. The domestic influences include constitutional principles, bills of rights and the presence of increasingly strong oversight bodies such as parliamentary committees. Military justice has also come under pressure from international law, particularly when applied on operations. The common theme in these many different influences is the growing role of external legal principles and institutions on military justice. This book provides insights from both scholars and practitioners on reforms to military justice in individual countries (including the UK, Canada, the Netherlands and Australia) and in wider regions (for example, South Asia and Latin America). It also analyses the impact of 'civilianisation', the changing nature of operations and the decisions of domestic and international courts on efforts to reform military justice.

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.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Lebanon and Hezbollah charts the course of Hezbollah's rise and Lebanon-based violence over the last five tumultuous years of that country's history. The documents collected in this volume demonstrate not just key details in Hezbollah's direct war on Israel but also the organization's public relations and financial efforts, both over the Internet and in collaboration with Iran. But this volume's usefulness can be found not just in its detailed history of Hezbollah's multi-front campaign but also in several documents' analysis of the suffering endured by Lebanese citizens, including the harm wrought by Israel's response to Hezbollah. To complete the picture of Lebanon's difficult recent history, Volume 92 also provides two classes of UN documents: Lebanon's own reports on its counter-terror work, and the Security Council's measures related to the tribunal investigating Hariri's assassination. For researchers seeking one volume in which all parties affected by the Lebanese crisis present their view, this volume will prove quite valuable.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional and Parliamentary testimony, reports by quasi-governmental organizations, and case law covering issues related to terrorism. The series also includes a subject index and other indices that guide the user through this complex area of the law. Overall, the series keeps users up-to-date on the panoply of terrorism issues now facing the U.S. and the world. Presidential Powers and the Global War Against Terrorists provides readers with a detailed and insightful exposition of the law of presidential war powers. The recent expansion of those powers by the Bush Administration has created uncertainty as to where the legal limits for Executive Branch military and surveillance activity currently lie. In this volume, Professor Doug Lovelace identifies those limits through both his presentation of relevant documents and his expert commentary of the meaning behind those documents.

Declaring War directly challenges the 200-year-old belief that the Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898, and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of the Congress to declare war. This book invokes Carl von Clausewitz's dictum that "war is policy" to explain why declarations of war are an integral part of war and proposes two possible remedies a constitutional amendment or, alternatively, a significant reorganization of Congress. It offers a comprehensive historical, legal, constitutional, moral, and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function, and language of declarations of war, and John Austin's speech act theory to investigate why and how a "public announcement" is essential for the social construction of both war and the rule of 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.

Contracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime. Focussing on the Articles on State Responsibility (ASR) the author considers under which conditions states are, or should be, responsible for the acts of private contractors given new trends towards remote warfare involving drones and increasingly autonomous weapon systems. Rigorous academic research and case studies, combined with insights from numerous interviews with practitioners, serve to highlight the challenges to applying the ASR. These challenges range from the relativity of key concepts of attribution to the issue of when reliance on private contractors becomes a violation of the principle of distinction under International Humanitarian Law and also illustrate where the current state responsibility regime needs to be modified to adequately address evolutions in warfare. This astute and incisive book will prove a key resource for legal scholars and theorists with an interest in public international law, IHL and IHRL. Government officials, practitioners and think tanks engaged in compliance matters and new trends in warfare will also benefit from this work's pragmatic approach.

This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics. The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies. The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, 'non-kinetic' targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations. The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues. Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.

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."

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.

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.

This book offers new perspectives on British nuclear policy-making at the height of the Cold War, arguing that the decisions taken by the British government during the 1950s and 1960s in pursuit of its nuclear ambitions cannot be properly understood without close reference to Duncan Sandys, and in particular the policy preferences that emerged from his experiences of the Second World War and his efforts leading Britain's campaign against the V-1 and V-2. Immersing himself in this campaign against unmanned weaponry, Sandys came to see ballistic missiles as the only guarantor of nuclear credibility in the post-war world, placing them at the centre of his strategic thinking and developing a sincerely-held and logically-consistent belief system which he carried with him through a succession of ministerial roles, allowing him to exert a previously undocumented level of influence on the nature of Britain's nuclear capabilities and its approach to the Cold War. This book shows the profound influence Sandys' personal belief system had on Britain's attempts to acquire a credible nuclear deterrent.

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.

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.

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.

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.

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 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 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.

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.

The concept that certain objects and persons may be legitimately attacked during armed conflicts has been well recognised and developed through the history of warfare. This book explores the relationship between international law and targeting practice in determining whether an object is a lawful military target. By examining both the interpretation and its post-ratification application this book provides a comprehensive analysis of the definition of military objective adopted in 1977 Additional Protocol I to the four 1949 Geneva Conventions and its use in practice.

With the end of the Second World War a new world order arose based on the prohibition of military force in international relations, and yet since 1945 British troops have been regularly deployed around the globe: most notably to Korea, Suez, Cyprus, and the Falklands during the Cold War; and Kuwait, Bosnia, Kosovo, Afghanistan and Iraq since the fall of the Berlin Wall. British forces have been involved in many different capacities: as military observers, peacekeepers, peace-enforcers, state-builders and war-fighters. The decisions to deploy forces are political ones made within several constitutional frameworks, national, regional and international. After considering the various legal and institutional regimes, this book examines the decision to deploy troops from the perspective of international law.
In its military interventions Britain has consistently tried to utilize international law to justify its actions, though often it argues against orthodox interpretation of the laws. In gauging whether its actions are in breach of international law we can again make judgments at different levels using various forms of accountability - from judicial fora (for example the International Court of Justice in The Hague or the European Court of Human Rights in Strasbourg), to political ones (the UN General Assembly in New York or the House of Commons in Westminster). While this book examines international and regional mechanisms, tumultuous debates on the Suez crisis, Afghanistan, Iraq and others in the House of Commons and its Committees are highlighted to show how international law impacts upon domestic politics. In considering whether democratic accountability is effective in upholding the principles of international law, this book throws new light on an old democracy, and thereby makes a contribution to the current reform proposals that are aimed at improving democratic decision-making.