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.

How can Muslims be both good citizens of liberal democracies and good Muslims? This is among the most pressing questions of our time, particularly in contemporary Europe. Some argue that Muslims have no tradition of separation of church and state and therefore can't participate in secular, pluralist society. At the other extreme, some Muslims argue that it is the duty of all believers to resist Western forms of government and to impose Islamic law. Andrew F. March is seeking to find a middle way between these poles. Is there, he asks, a tradition that is both consistent with orthodox Sunni Islam that is also compatible with modern liberal democracy? He begins with Rawls's theory that liberal societies rely for stability on an ''overlapping consensus'' between a public conception of justice and popular religious doctrines and asks what kinds of demands liberal societies place on citizens, and particularly on Muslims. March then offers a thorough examination of Islamic sources and current trends in Islamic thought to see whether there can indeed be a consensus. March finds that the answer is an emphatic ''yes.'' He demonstrates that there are very strong and authentically Islamic arguments for accepting the demands of citizenship in a liberal democracy, many of them found even in medieval works of Islamic jurisprudence. In fact, he shows, it is precisely the fact that Rawlsian political liberalism makes no claims to metaphysical truth that makes it appealing to Muslims.

"Kirchenasyl" steht fur die sich seit etwa 15 Jahren haufenden Falle einer kirchlichen Unterbringung von Fluchtlingen zum Schutz vor staatlicher Abschiebung. Die Untersuchung beschaftigt sich im ersten, empirischen Teil mit der Entwicklung dieses Phanomens. Die Motive der Beteiligten, kirchlicherseits und staatlicherseits, werden ebenso untersucht wie ihre gegenseitigen Reaktionen bei der Gewahrung eines Kirchenasyls. Besondere Aufmerksamkeit wird der vielschichtigen innerkirchlichen Diskussion gewidmet. Der zweite, juristische Teil fragt nach den einfachrechtlichen und verfassungsrechtlichen Implikationen des Kirchenasyls. Der Autor sucht die rechtliche Loesung dabei vor allem im Grundrecht der Glaubens- und Gewissensfreiheit. Sein Ergebnis koennte dem Staat und der Kirche einen Ansatz fur die Beilegung dieses gesellschaftlichen und politischen Konflikts weisen.

Whether you are just starting out as a freelancer or have been freelancing for years, choosing the right legal structure for your business is an important part of maximizing your returns and minimizing your risk. In the right situation, forming a limited liability company (LLC) or corporation can be a way to manage legal liability and potentially lower your tax bill. But the details are often confusing. Business Entities for Freelancers is a concise guide to legal entities and their related technicalities, focused on issues useful to U.S.-based freelancers. It offers clear, specific guidance, with numerous examples, designed to give readers a foundation for making sound choices. In addition to the basics of owning and managing sole proprietorships, LLCs, and corporations, the book introduces related topics, including contracts, trademark and other naming concerns, and taxes.

Die Integration des Islam und der Muslime stellt eine wichtige Voraussetzung fur einen dauerhaften sozialen Frieden in Deutschland dar. Zur Foerderung dieser Integration kann ein islamischer Religionsunterricht wesentlich beitragen. Der Band dokumentiert eine im Rahmen des vom Ministerium fur Wissenschaft und Forschung des Landes Nordrhein-Westfalen gefoerderten Projekts "Integration des Islam durch islamischen Religionsunterricht" veranstaltete Fachtagung. Zunachst wird der Rahmen fur die Diskussion um den Religionsunterricht an oeffentlichen Schulen nachgezeichnet, indem die Ausgangspunkte eines islamischen Religionsunterrichts in Deutschland aufgezeigt und die Voraussetzungen und Erfahrungen eines Unterrichts am Beispiel der Islamkunde in Nordrhein-Westfalen beleuchtet werden. Sodann wird die verfassungsrechtliche Komponente der Frage in den Blick genommen; neben dem deutschen Recht wird zum Vergleich die Rechtslage nach turkischem Recht eroertert. Schliesslich wird den rechtlichen Anforderungen des staatlichen Rechts die theologische Sicht des Themas im Islam aus unterschiedlicher islamischer Perspektive gegenubergestellt.

A thoroughly pragmatic guide to the U.S. Foreign Corrupt Practices Act (FCPA)

This is a critical FCPA training resource for executives, managers, sales, marketing, finance and accounting personnel, as well as high level professionals.The ideal resource for any business that takes FCPA compliance seriously and truly desires to foster a deep understanding of real-world corruption issues in their employeesA great resource for business school courses on international business or business ethics and anyone interested in understanding these issues for their own professional growthIncludes in-depth analysis of all major FCPA risk areas, including discussions of how FCPA issues arise in real-world business situationsCovers all aspects of bribery and FCPA compliance issues to ensure that your business is not exposing itself to financial scandal or criminal prosecution

FCPA compliance is mandatory for nearly all international businesses operating in today's global economy. This book serves as the perfect training tool to mitigate your organization's risk to FCPA violations, which is one of the top enforcement priorities for the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).

Praise for "Foreign Corrupt Practices Act: A Practical Resource for Managers and Executives"

"Aaron Murphy's book is absolutely fantastic. As a seasoned lawyer and compliance professional, having worked for fortune 100 companies with global operations for many years and being an FCPA expert myself, I have never come across a more detailed yet easy to read book on FCPA. It contains practical advice and provides examples that are put into context, that the reader can easily relate to and that take into consideration different cultures and customs. A must read for any individual/ organization doing business abroad."--Fabiana Lacera-Allen, Senior Vice President & Chief Compliance Officer, Elan Drug Technologies

"This book is essential reading for anyone conducting business outside US borders. Executives, managers, sales, marketing, finance, and legal professionals will find sound practical advice to protect themselves and their companies from FCPA violations when operating globally. Much more than a general survey, this book offers scores of real world examples and serves as an easy-to-read, how-to resource for employees at all levels of a company. It will be a valuable reference tool for many years to come."--Jeff Taylor, former US Attorney for the District of Columbia and former counselor to Attorneys General John Ashcroft and Alberto Gonzales

"If you are a manager involved in any kind of international dealings--which is to say, if you work for any major firm in today's global marketplace--you need to study Aaron Murphy's comprehensive, precise and highly readable analysis of life under the Foreign Corrupt Practices Act (FCPA). Few FCPA violations are intentional, yet the consequences even of unwitting violations can be drastic for you, your colleagues, and your firm. Murphy's book shows why business practices perfectly acceptable at home are federal crimes in other settings, how to think your way through ambiguous situations, and--perhaps most important--when to get expert advice. It is a field guide to a world where authority and discretion are all too often up for sale, and a resource that will help you avoid trouble--and even succeed--within the bounds of this crucial yet little-understood legislation."--Michael Johnston, Charles A. Dana Professor of Political Science, Colgate University

"Every businessperson working in the emerging markets should read and understand the way in which their actions and behaviour may fall subject to the FCPA. This book is a great practical guide to a complex law."--Scott Lane, Principal and CEO, The Red Flag Group

"Most business managers have heard of the FCPA, but few truly understand the breadth of the FCPA as applied to real-world scenarios. Murphy, an FCPA practitioner with extensive real-world experience, provides an easy to read FCPA handbook for business managers. This book is essential reading for business managers looking to develop and implement risk management policies and procedures in this era of aggressive FCPA enforcement."--Professor Mike Koehler, Butler University, Editor - FCPA Professor Blog

In February 2008, the Archbishop of Canterbury, Dr Rowan Williams, delivered a public lecture in which he stated that it "seem ed] unavoidable" that certain aspects of Islamic law (Shari'a) would be recognized and incorporated into British law. The comments provoked outrage from sections of the public who viewed any recognition of Shari'a law in Britain with alarm. In July 2008 Lord Phillips, Lord Chief Justice of England and Wales, weighed into the fray. He praised the Archbishop's speech and gave qualified support for Shari'a principles to govern certain family and civil disputes.
Responding to the polarized debate that followed these lectures, this is a collection of short essays written by distinguished and prominent scholars addressing the question of the accommodation of Shari'a within the legal systems of the liberal-democratic West. The matters raised in the two 2008 lectures provide a springboard for lively discussion, criticism and debate on both the specific question of religious/cultural accommodation by the law and the wider issues of multiculturalism, equality before the law and the desirability of parallel jurisdictions for particular faith communities.
Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.
The volume aims to stimulate further thought on a complex issue, and to open up new pathways for policymakers and civil society institutions grappling with the relationship between Shari'a and Western legal systems.

Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians' ideas about sharia are not isolated from-nor always opposed to-liberal pluralism and secularism. Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs.

Within Europe, employment law has grown as a result of regional rather than national legislation. The European Union has been at the fore of developing a comprehensive framework to protect workers from unfair practices and discrimination. In addition to the European Union, the Council of Europe also plays a role in protecting workers. The European Social Charter and the European Convention on Human Rights contain provisions relevant to the employment relationship. This publication will give the U.S. business student an overview of the key laws governing the area of employment in Europe. Here we look at the obligations and regulations surrounding the contract of employment, the laws surrounding equality and nondiscrimination,and the protection for unions and collective bargaining. Comparisons are drawn with American law and regulation at regular intervals to illustrate different practices within Europe and the United States. This book will provide the student with knowledge of the essential elements of European Employment Law in a concise and easy-to-understand manner.

In July 2016, the Supreme Court of India held that the use of excessive or retaliatory force by the security forces is not permissible in the course of the discharge of their duty under the Armed Forces (Special Powers) Act (AFSPA), and that the Act does not allow blanket immunity to perpetrators of unjustified deaths. Recently, the Supreme Court directed that FIRs be lodged against security personnel engaged in encounter killings. This ruling has serious ramifications for the forces deployed in counter-insurgency operations. The AFSPA has become one of the most controversial laws, both in India and the world. The loud and continuous clamour against the Act has drawn the attention of various international organizations. In May 2017, the UN Human Rights Council, during the Universal Periodic Review of India's human rights record called for bringing the provisions of the AFSPA in line with the international human rights treaties. The armed forces, however, maintain that the AFSPA is a functional requirement for tackling the growing menace of insurgency and protecting their men from the unnecessary harassment caused by litigation. On the other hand, the Delhi High Court has recently directed the Government of India to pay a compensation of Rs 55 lakh to an air force pilot who was injured while flying a poorly maintained MiG 21 aircraft. This case highlights the other side of the issue of human rights in the context of members of the armed and security forces. This book will help to enhance the understanding of the legal position of the armed forces, which is of paramount importance today due to the blurring of the lines between national security, anti-insurgency operations and law enforcement. It will also create an awareness of the difficulties being faced by the armed forces during domestic deployment and of the need to protect the rights of military and security personnel. The book provides an insight into the legislative efforts of other democracies to meet the challenges of growing terrorism. It delves into cases of human rights violations in which members of the armed forces have been implicated. It concludes by identifying current deficiencies in the legal system and makes a few recommendations for the consideration of the government and armed forces.

CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s to 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.

Der Gesetzgeber hat mit Einfuhrung des Gesetzes zur Reform des Zivilprozesses vom 1.1.2002 das Zivilverfahren im Bereich der Rechtsmittel zum Teil grundlegend umstrukturiert und in den Folgejahren weitere AEnderungen und Erganzungen vorgenommen. Vor dem Hintergrund der fur die tagliche Praxis erheblichen Bedeutung der Rechtsmittel und Rechtsbehelfe gegen sogenannte "Nebenentscheidungen" rechtfertigt sich eine umfassende wissenschaftliche Untersuchung. Deren Schwerpunkt liegt hierbei zum einen auf einer Gesamtdarstellung des Beschwerderechts an Hand von Beispielsfallen und zum anderen auf den Auswirkungen der in den letzten Jahren vom Reformgesetzgeber eingefuhrten AEnderungen auf die Praxis. Hierbei ist es unerlasslich, an vielen Stellen die Motive des Reformgesetzgebers darzustellen, was bei den wesentlichen Neuerungen mit einer kritischen Wurdigung verbunden wird.

Canon law is an unavoidable theme for medieval historians. It intersects with every aspect of medieval life and society, and at one point or another, every medievalist works on the law. In this book, Kriston Rennie looks at the early medieval origins and development of canon law though a social history framework, with a view to making sense of a rich and complex legal system and culture, and an equally rich scholarly tradition. It was in the early Middle Ages that the ancient traditions, norms, customs, and rationale of the Church were shaped into legislative procedure. The structures and rationale behind the law's formulation - its fundamental purpose, reason for existence and proliferation, and methods of creation and collection - explain how the medieval Church and society was influenced and controlled. They also, as this short book argues, explain how it ultimately functioned.

Ten years after his untimely death, Norman Calder is still considered a luminary in the field of Islamic law. At the time he was one among a handful of scholars from the West who were beginning to engage with the subject. In the intervening years, much has changed, and Islamic law is now understood as fundamental to any engagement with the study of Islam, its history, and its society, and Dr. Calder s work is integral to that engagement. In this book, Colin Imber has put together and edited four essays by Norman Calder that have never been previously published. Typically incisive, they categorize and analyze the different genres of Islamic juristic literature that was produced between the tenth and fourteenth centuries, showing what function they served both in the preservation of Muslim legal and religious traditions and in the day-to-day lives of their communities. The essays also examine the status and role of the jurists themselves and are to be particularly welcomed for giving clear answers to the controversial questions of how far Islamic law and juristic thinking changed over the centuries, and how far it was able to adapt to new circumstances. In his introduction to the volume, Robert Gleave assesses the place and importance of Norman Calder s work in the field of Islamic legal studies. This is a groundbreaking book from one of the most important scholars of his generation."

The definitive primer on intellectual property for business professionals, non-IP attorneys, entrepreneurs, and inventors

Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, the "Second Edition" of this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and case law in intellectual property.Presents fundamentals of patents, trademarks, copyrights, trade secrets and other less-know forms of IP, such as registered design and mask worksCovers important concepts such as IP strategy, protection, audits, valuation, management, and competitive intelligenceOffers an introduction to IP licensing and enforcementNow features discussion of critical precedent-setting recent IP cases and proposed patent reform

Providing business professionals and IP owners with in-depth knowledge of this extremely important subject, this book helps those new to this field gain a better understanding and appreciation for the results of their creative abilities.

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.

Verification in an Age of Insecurity takes the reader into some of the most urgent arms control issues facing the world community, including the nuclear activities of rogue states and threats from sophisticated non-state actors. In the book, national security expert Philip D. O'Neill, Jr. identifies and addresses issues from the resuscitated disarmament agenda, from the comprehensive test ban to fissile material and biological weapons. O'Neill examines the need for shifts in verification standards and policy suitable for our volatile era and beyond it. He surveys recent history to show how established verification procedures fail to produce the certainty necessary to meet today's threats. Verification in an Age of Insecurity goes beyond a discussion of rogue states like North Korea to offer suggestions on how best to bring compliance policy up to date with modern threats.

The subject of this book is the history of economic thought, including the less-commonly discussed schools of binary and socio-economics. The intended audience is students, business people, regulators, legislators, and scholars who are relatively unfamiliar with the primary competing economic theories of our day. Readers will benefit by coming away from the book with a better understanding of the context within which economic arguments are made. They will be better able to think critically about the assumptions underlying various economic proposals, and the history behind those assumptions.