Military and defence law and civilian service law Books

Book SynopsisThis book collates and explains the core elements of national security law, both substantive and procedural, and the practical issues which may arise in national security litigation.Table of ContentsPreface 1: Robert Ward: National Security, Intelligence, and the Law 2: Robert Ward: National Security and the Separation of Powers 3: Robert Ward: The Security and Intelligence Agencies 4: Christopher McNall, Laura Sheldon Green, Caroline Stone, and Robert Ward: Surveillance Powers 5: Christopher McNall and Robert Ward: Oversight and Accountability 6: Angus McCullough and Ben Watson: Closed Proceedings 7: Rosemary Davidson, Jonathan Glasson, and Caroline Stone: Executive Measures and Civil Proceedings: Common Evidential and Procedural Issues 8: David Blundell: Judicial Review 9: Andrew Deakin and Helen Thompstone: Terrorism Prevention and Investigation Measures 10: Robin Tam: Special Immigration Appeals Commission: General 11: Robin Tam: SIAC - Individual measures - DDS Deportation with Assurances 12: Rupert Jones: SIAC Individual Measures (2): Deprivation, Exclusion and Naturalisation 13: Robert Ward and Clare Pophale: Proscription 14: Kate Grange and Caroline Stone: Civil Proceedings: General 15: Georgina Wolfe and Charlotte Ventham: Civil Proceedings: The Main Types of Claims 16: Richard O>'Brien and Linda Moss: Asset Freezing 17: Mark Greaves, Sarah Hannett, and Aidan Wills: National Security and Education Law 18: Robert Ward: Official Secrets and Spying: Principal Offences 19: Alison Morgan and Victoria Oakes: Terrorism: Principal Offences 20: Rosemary Davidson and Dan Pawson-Pounds: National Security and Criminal Procedure 21: Andrew O>'Connor: Inquests and National Security 22: Martin Smith: Public Inquiries and National Security 23: Keith Bryant and Mark Green: Employment and National Security 24: Mark Green: National Security Vetting 25: Lisa Giovannetti and Richard Wilkin: National Security in Family Law Proceedings 26: Julian Blake and Eugene McCaffrey: Freedom of Information and National Security 27: Julian Blake and Eugene McCaffrey: Data Protection and National Security

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Book SynopsisTrade ReviewThis volume can be recommended to anyone engaged with LOAC as a Legal Advisor or researcher and intending to continue to do so over the coming years. * Lorenz Rubner, Humanitäres Völkerrecht Band 6 *

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Book SynopsisCraig Etcheson, one of the world’s foremost experts on the Cambodian genocide and its aftermath, draws on decades of experience to trace the evolution of transitional justice in the country from the late 1970s to the present. He considers how war crimes tribunals come into existence, how they operate and unfold, and what happens in their wake.Trade ReviewExtraordinary Justice hands down the final verdict on the UN’s controversial ‘mixed tribunal.’ Starting as an academic observer during the 1980s, Craig Etcheson worked as a fearless and tireless killing fields investigator during the 1990s and then played a key behind the scenesbehind-the-scenes role for the UN during the proceedings. Simply put, nobody knows more about the Khmer Rouge war crimes trials than Etcheson. This is a remarkable, three-dimensional study of the legally simple but politically complex proceedings that took longer to try five defendants than it did for the Allies did to try thousands of war criminals after World War II. -- Peter Maguire, author of Facing Death in CambodiaFew have witnessed or studied the rise, demise, and prosecution of the Khmer Rouge as Craig Etcheson has done for more than three decades. Extraordinary Justice is a gripping eyewitness account of the Khmer Rouge leadership’s final coda in front of domestic and international justice, however imperfect that justice might be. Extraordinary Justice will be the definitive reference text for years to come. -- Sophal Ear, author of Aid Dependence in Cambodia: How Foreign Assistance Undermines DemocracyIn this absorbing, persuasively argued book, Craig Etcheson draws on over thirty years of involvement with Cambodia and on his prolonged association with the so-called Khmer Rouge Tribunal, giving his readers a clear idea of what happened at the Tribunal and the daunting challenges it faced. -- David Chandler, author of A History of Cambodia, 4th EditionCraig Etcheson is one of only a handful of people on the planet who, for the last four-plus decades, has immersed himself in the question of what the Khmer Rouge did while in power from 1975 to 1979 and how to bring them to justice for their crimes of genocide. Extraordinary Justice is a must-read for those interested in how the international community uses the cumbersome rule of law to convict those who thought they could get away with mass murder using their own ill-conceived, unrepentant law of the jungle. -- Michael Hayes, publisher and editor in chief of the Phnom Penh PostA magisterial chronicle of the inner workings of post-conflict justice. * International Law Reporter *A comprehensive review of the search for justice following the 1970s Cambodian genocide. . . . Highly recommended. * Choice *Essential for a broad audience, including academics and practitioners with an interest in international criminal law, transitional justice, the ECCC, and potentially those working in the field of international relations and international organizations. -- Suzanne Schot, University of Groningen * Genocide Studies and Prevention *It is risky to describe any book as 'the definitive account,'...but given the depth of research and the unparalleled inside knowledge of the author, this reviewer is willing to risk it. -- Kenton Clymer, Northern Illinois University * Journal of American-East Relations *As a book written by an insider, Extraordinary Justice profits from information an outsider would never find...The result is a highly readable account for anyone with an interest in transitional, and transnational, justice. * Holocaust and Genocide Studies *This is a rich and personalised study of international criminal law, with the pace and ‘page-turner’ appeal of a novel. -- Rosemary Grey, University of Sydney * Current Issues in Criminal Justice *Table of ContentsAcknowledgmentsList of AcronymsIntroduction1. Revolutionary Justice2. Victor’s Justice3. Negotiating Justice4. Justice Delayed5. Hybrid Justice6. Transitional Justice7. Selective Justice8. Genocide Justice9. Justice Denied10. Extraordinary JusticeNotesSelect BibliographyIndex

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Book SynopsisUN peace operations are increasingly asked to pursue stabilization mandates with lofty expectations of being able to stabilize conflict zones, achieve national reconciliation, and rebuild state legitimacy. This book investigates the relationship between UN stabilization mandates and the concept of human security'.The book is divided into three parts. Part I outlines the emergence of stabilization and other trends in peacekeeping practice and outlines an analytical framework of human security. Part II applies the analytical framework to case studies of MINUSMA, MINUSCA, and UNMISS examining issues, such as human rights, empowerment, protection, and vulnerability. In Part III the book draws out several concerns that arise from stabilization mandates, including the militarisation of UN peace operations and the consequences under international humanitarian law, the risks of close cooperation with the host state and engagement in counter-terror activities, and the potential clash Trade Review'...this book should be read by any legal or non-legal scholar interested in recent trends in peacekeeping operations...in the framework of an impressive knowledge of legal issues pertaining to peacekeeping missions...the content of each chapter is carefully researched, well-presented and full of interesting analysis...this concise and clever book deserves to be read widely, is going to be read widely and probably will spark more debate among peacekeeping experts and stakeholders from legal and non-legal fields alike.'Dr Marco Longobardo, Westminster Law School, UK; book review in Journal of Conflict & Security LawTable of Contents1 IntroductionPart I Context and conceptual framework2 The many faces of UN intervention3 The concept of human securityPart II Case studies4 United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) 5 United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA)6 United Nations Mission in the Republic of South Sudan (UNMISS)Part III Human security’s place in international peace and security7 The (in)compatibility of stabilization and human security8 Making use of human security

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Book SynopsisA timely, provocative account of how military justice has shaped American society since the nation's beginnings.

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Book SynopsisBy examining the Cold War court-martial, this book opens a window on conflicts that divided America at the time, such as the competing demands of work and family and the tension between individual rights and social conformity. Using military justice records, it demonstrates the criminal consequences of the military's violent mission.Trade Review"Provocative and thought provoking. Hillman's work is singular and will certainly incite lively and productive debate."--William Kautt, Journal of Military HistoryTable of ContentsLIST OF FIGURES AND TABLES ix INTRODUCTION 1 CHAPTER 1: New Rights, Old Hierarchies: Legal Reform in a Changing Military 7 CHAPTER 2: Disciplining the Armed Forces: Paradoxes of Military Crime 29 CHAPTER 3: Threats to "the Very Survival of This Nation ": Political and Sexual Dissent 44 CHAPTER 4: Crime and the Military Family 69 CHAPTER 5: Commanding Discretion: Race, Sex, and Military Crime 92 CHAPTER 6: "Gentlemen under All Conditions":Of .cers on Trial 109 AFTERWORD 128 ACKNOWLEDGMENTS 135 APPENDIX A.ABBREVIATIONS 137 APPENDIX B.TABLES 139 NOTES 145 INDEX 231

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Book SynopsisTo enable users to understand the operation of the Engineering and Construction Contract, this book contains flow charts which set out the procedural logic of the 75 clauses that can be presented with benefit by flow charting. Construction Clients' Board endorsement of NEC3The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.Table of ContentsFlow charts • 13 Communications • 14 The Project Manager and the Supervisor • 15 Adding to the Working Areas • 16 Early warning • 17 Ambiguities and inconsistencies • 18 Illegal and impossible requirements • 19 Prevention • 20 Providing the Works • 21 The Contractor’s design • 22 Using the Contractor’s design • 23 Design of Equipment • 24 People • 25 Working with the Employer and Others • 26 Subcontracting • 27 Other (Contractor) responsibilities • 30 Starting, Completion and Key Dates • 31 The programme • 32 Revising the programme • 33 Access to and use of the Site • 34 Instruction to stop or not to start work • 35 Take over • 36 Acceleration • 40 Tests and inspections • 41 Testing and inspection before delivery • 42 Searching for and notifying Defects • 43 Correcting Defects • 44 Accepting Defects • 45 Uncorrected Defects • 50 Assessing the amount due S • 51 Payment • 52 Defined Cost • 53 The Contractor’s share (Option C and D) • 54 The Activity Schedule (Option A and C) • 55 The Bill of Quantities (Option B and D) • 60 Compensation events • 61 Notifying compensation events • 62 Quotations for compensation events • 63 Assessing compensation events • 64 The Project Manager’s assessments • 65 Implementing compensation events • 70 The Employer’s title to Plant and Materials • 71 Marking Equipment, Plant and Materials outside the Working Areas • 72 Removing Equipment • 73 Objects and materials within the Site • 80 Employer’s risks • 81 Contractor’s risk • 82 Repairs • 83 Indemnity • 84 Insurance cover • 85 Insurance policies • 86 If the Contractor does not insure • 87 Insurance by the Employer • 90 Termination • 91 Reasons for termination • 92 Procedures on termination • 93 Payment on termination • W1 Dispute resolution (used unless Option Y(UK)2 applies) • W2 Dispute resolution (used when Option Y(UK)2 applies) • X1 Price adjustment for inflation (used only with Options A, B, C and D) • X2 Changes in the law • X3 Multiple currencies (used only with Options A and B) • X4 Parent company guarantee • X5 Sectional Completion • X6 Bonus for early Completion • X7 Delay damages • X12 Partnering • X13 Performance bond • X14 Advanced payment to the Contractor • X15 Limitation of the Contractor’s liability for his design to reasonable skill and care • X16 Retention (not used with Option F) X17 Low performance damages • X18 Limitation of liability • X20 Key Performance Indicators (not used with Option X12) • Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996 • Y(UK)3 The Contracts (Rights of Third Parties) Act 1999

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Book SynopsisThis 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.Table of Contents• Foreword • Preface • Acknowledgements • Part 1 Introduction • Part 2 Early warnings • Part 3 The programme • Part 4 Compensation events • Part 5 Payment • Part 6 Defects • Part 7 Managing communications • Appendix 1 Contract Data • Appendix 2 Activity Schedule

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Book SynopsisCDM Regulations 2015 Explained provides a straightforward, independent and authoritative assessment and analysis of the 2015 CDM Regulations.The individual roles of each party involved in a construction project are detailed in light of the latest updates to the Regulations.The book navigates through the radical changes from the previous CDM Regulations and includes helpful checklists to assist each of the duty holders to comply with their obligations and avoid the penalties of non-compliance. CDM Regulations 2015 Explained will be an invaluable source of information for those responsible for the procurement or management of construction projects or anyone wishing to master the latest developments in construction law and health and safety law.CDM Regulations 2015 Explained: offers clear, straightforward guidance to the new Regulations in an established format sets out a checklist for each duty holder to ensure quick and easy assimilaTable of Contents1. Introduction 2. Framework of health and safety law 3. An overview of the Regulations 4. General principles 5. Considerations for the welfare of workers 6. Consideration for hazardous operations 7. Competence 8. The client 9. The designer 10. The CDM co-ordinator 11. The principal contractor 12. The contractor 13. The construction phase plan 14. The health and safety file 15. Contract documentation 16. Criminal and civil liability and enforcement 17 Transitional provisions

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Book SynopsisJonathan Vance examines Canada's role in the formation of an important aspect of international law, traces the growth and activities of a number of national and local philanthropic agencies, and recounts the efforts of ex-prisoners to secure compensation for the long-term effects of captivity.Trade ReviewA fascinating study focusing on an underexplored issue. Vance tells this tale in a comprehensive and entertaining fashion. -- J. Lemco * Choice *[Vance] is to be applauded for his painstaking research effort and careful choice of photographs, cartoons and artwork. Our understanding of the politics surrounding POWs during the Boer War, two World Wars and the Korean War is enhanced by the materials surveyed in this handsomely-presented publication, as is our knowledge of the applicable international laws, relief activities, escape techniques, repatriation, war crimes, reintegration into society, and the POW battle for better pensions. -- Larry Woods * Prince George Citizen *Vance’s text provides an exhaustive and meticulous account of the individual experiences of Canadian POWs. Objects of Concern is a meaningful and valuable work, one that should be read not only by those interested in military history, but by those with an interest in the courage and spirit of Canada’s ex-POWs of the twentieth century. -- R. Bruce McIntyre * The Canadian Historical Review *Table of ContentsIntroduction1 Nineteenth-Century Precursors2 “Everybody's Business”3 Repatriation and Liberation4 The Interwar Years5 The Organizational Framework, 1939-456 Relief and Release in the European Theatre7 A Tougher Nut: Prisoners of the Japanese8 “The Debris of Past Wars”ConclusionAppendixNotesBibliographyIndex

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Book SynopsisSoldiers found guilty of desertion or cowardice during the Great War faced death by firing squad. 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.In this revealing look at military law in the Canadian Expeditionary Force, Teresa Iacobelli brings to light not only the trials of 25 Canadian soldiers who were executed but also the untold cases of 197 men sentenced to death but spared. Looking beyond stories of callous generals and quick executions, Iacobelli reveals 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, Death or Deliverance reconsiders an important and unexamined chapter in the history of both a war and a nation.Table of ContentsIntroduction1 Competing Ideologies2 Military Law: An Overview3 The Crimes4 The Court Martial Process5 The Confirmation Process6 The Campaign for PardonsConclusionNotes; Bibliography; Index

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Book SynopsisIn this eye-opening account of military law in the Great War, courts martials emerge not as brutal, merciless dispensers of frontline justice but as courts capable of mercy.Table of ContentsIntroduction1 Competing Ideologies2 Military Law: An Overview3 The Crimes4 The Court Martial Process5 The Confirmation Process6 The Campaign for PardonsConclusionNotes; Bibliography; Index

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Book SynopsisIn the early morning of March 19, 1915, Lt. Colonel S. N. Miasoedov, a former gendarme officer on active duty with the Russian army in World War I, was hanged after a two-hour trial in Warsaw for treason. Although he was innocent of this charge...Trade ReviewFuller beautifully writes a most thoroughly research soap opera noir of political intrigue, back-stabbing, bribe-taking, graft, corruption, deceit, adultery, incompetence, and the trampling of civil rights.... This is a solid contribution to Russian war historiography, and it would be of interest to a wide range of readers. The professional Russian historian and the military historian will take great delight in the thoroughness of the research and the beautiful, mosaic-like quality of the study's organization. Yet its jaunty writing style and the spy-novel quality of the subject recommends it to the armchair generals and history buffs as well. -- Jamie H. Cockfield * American Historical Review *

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Book SynopsisDrawing 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 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.Trade Review"The author has shined a spotlight on the power and reach of the military justice system not only with regards to gender, sexuality,marriage,and family, but with regards to its power and control over military culture."—Wade P. Smith, American Journal of Sociology“A far-reaching and harrowing analysis of the American military justice system’s policing of marital and sexual lives of service members during the second half of the twentieth century. . . . [This is] an original and important contribution to the historiography on gender and sexuality studies in the American military.”—Aaron Belkin, author of Bring Me Men: Military Masculinity and the Benign Facade of American Empire“Kellie Wilson-Buford has thrown open a surprising window on the contested workings of patriarchy. If you’re digging into the politics of marriage, read this book! If you’re exposing the militarization of morality, read this book! If you’re questioning the gendered history of the Cold War, read this book!”—Cynthia Enloe, author of The Big Push: Exposing and Challenging Persistent Patriarchy“Essential to the study of gender, sexuality, military culture, and crime, each of which matters in distinct but related academic disciplines and to policy-making and social justice advocacy. . . . [This book] reveals the U.S. military’s practice with respect to crime, sex, and marriage in a way that will enrich the fields of gender and sexuality studies. It makes [both] careful and novel arguments.”—Elizabeth L. Hillman, president of Mills College and coauthor of Military Justice: Cases and Materials Table of ContentsList of Tables Acknowledgments Author’s Note Abbreviations Introduction 1. Engendering Military Marriages 2. Policing International Military Marriages, 1950–75 3. Enforcing Monogamy 4. Normalizing Heterosexism and “Natural” Sex 5. Protecting the Public Morals 6. Policing Sex and Marriage, 1976–2000 Conclusion Afterword Notes Bibliography Index

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Book SynopsisThe US detention center at Guantanamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. This book provides an insider's view of the detention of enemy combatants and an accessible explanation of the complex forces that keep these systems running.Trade ReviewDeftly connecting Guantánamo to other secret prisons, law to politics, secrecy to terror, and the efforts of the courts to frame and reframe the ancient writ of habeas corpus for a modern era, Hafetz explores what was lost when habeas became a legal question as opposed to an answer. Anyone seeking a way forward on the issues of detention, incarceration, and the rule of law that continue to plague us would be well advised to start looking here for the answers. -- Dahlia Lithwick * Slate *Hafetzs incisive and insightful volume is more than just a summary of where we have been; it is an impassioned case for the proper way forward with regard both to the substance of national security detention policy and the role courts should play in reviewing and constraining it. Certain to become one of the indispensable accounts of the role that the & Great Writ has played both historically and after September 11, this book provides a powerful and timely testament to the foresight of the Founding Fathers in expressly enshrining the & privilege of the writ of habeas corpus in our Constitution. -- Stephen Vladeck,Professor of Law, American UniversityThe right to habeas corpus is the linchpin of a free nation, and the post-9/11 attack on this safeguard is thus one of the most significant erosions of freedom in many decades. Jonathan Hafetz provides the most thorough account yet of why this right matters so much and what should be done to preserve it. -- Glenn Greenwald * Salon *We all have snatches of the conversation in our heads: Guantánamo, habeas corpus, enemy combatant, military commissions, Bagram, rendition and torture. This book by one of the key lawyers on the front lines in the post-9/11 legal battles puts these pieces together; what emerges is not pretty. If you want to understand how a country that claimed it was the paradigm of fair treatment in its criminal justice system has tailored its laws to expediency, read this disturbing book. -- Michael Ratner,President, Center for Constitutional RightsHafetz's book is an excellent account of the five major Supreme Court cases addressing habeas corpus and constitutional rights to a fair trial after 9/11. * Choice *Habeas Corpus after 9/11 is an impassioned and exhaustive examination of the lack of legal safeguards afforded to detainees at such places as Guantánamo, Bagram, Abu Ghraib, and to those who were the subjects of extraordinary rendition. . . .Thoughtful and well-researched responses to the conditions of the time . . . provide[s] political scientists and historians with perspectives on habeas corpus that they need to consider. * Law and Politics Book Review *Table of ContentsAcknowledgments Introduction Part 1 1 Laying the Foundation for the "War on Terror" 2 Guantanamo: Microcosm of a Prison beyond the Law 3 Guantanamo beyond Guantanamo: Toward a Global Detention System 4 Crossing a Constitutional Rubicon: The Domestic "Enemy Combatant" CasesPart 2 5 Habeas Corpus and the Right to Challenge Unlawful Imprisonment 6 The Seeds of a Global Constitution Part 3 7 A Modest Judicial Intervention: The First Supreme Court "Enemy Combatant" Decisions 8 The Battle for Habeas Corpus Continues 9 Tackling Prisons beyond the Law: Guantanamo Revisited ContentsPart 4 10 Toward a Better Understanding of Habeas Corpus: Individual Rights and the Role of the Judiciary during Wartime 11 The Elusive Custodian: Some Potential Limits of Habeas Corpus 12 Terrorism as Crime: Toward a Lawful and Sustainable Detention Policy 13 Continuity and Change: The Detention Policy of a New Administration Notes Index About the Author

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Book SynopsisThe Al-Qaeda terror attacks of September 11, 2001 aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or "commissions" for the trial of accused terrorists. This title explains what military tribunals are, and how they function.Trade ReviewA fascinating history of military commissions in the West's prior wars. Peter Richards argues that military justice has a necessary role to play in defeating al Qaeda. The processes of fair trial, he argues, must take account of the real difficulties posed by this new style of war. -- Ruth Wedgwood,Edward Burling Professor of International Law and Diplomacy, Johns Hopkins UniversityAn excellent work, breaking new ground while respecting the scholarship and writing that has gone before. It is unique in its content, approach, and lessons, reflecting deep research and excellent scholarship. -- Gary D. Solis,Georgetown Law, and author of Marines and Military Law in VietnamProvides a comprehensive look at the history of tribunals. * Trial *Provides a timely work of history and a proactive thesis * New York Law Journal *In an illuminating . . . survey, Richards traces the use of military commissions . . . throughout the U.S. history as well as in the Boer War and World War I. * New York Law Journal *Peter Richards EXTRAORDINARY JUSTICE provides through historical analysis a strong defense of the resort to martial law and military tribunals, especially in times of civil emergency, to restore law and order in society. * Law & Politics Book Review *At this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. * International Law Reporter *“A timely and important book, providing a much needed historical overview on war tribunals. * Book Reviews *Table of ContentsAcknowledgmentsIntroduction 1 American Practices from the Founding through the Civil War 2 British Military Tribunals and Martial Law in the Boer War 3 France and the Conseils de Guerre of the First World War 4 Trials by Military Commission in the Second World War 5 Wartime Tribunals and the Future of WarfareConclusion NotesBibliographyIndex About the Author

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Book SynopsisThis book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS' dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS' possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS' own legal awareness, based on the group's literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its naturTable of ContentsIntroduction: ISIS as the Expression of a Legal Order 1. About ISIS 2. About Sharīʿa 3. Sharīʿa and ISIS 4. No Law but Islam: A Theory of Exclusivity 5. No Single Rule Left Out: Integrally Sharīʿa 6. Voting on God’s Will: Immediateness and Mediation 7. Striving on the Straight Path: Jihād 8. A New Land of Islam: Reestablishing the Caliphate 9. Reinventing Spatiality: A Return to Universalism Conclusion: ISIS Between Sharīʿa and Globalization

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Book SynopsisTrade Review‘Peter Pijpers has dug deep into the question of influence operations in cyberspace, which are politically abhorred but often do not break any major laws – neither domestically nor internationally. Zooming in on international law Pijpers warns about a lack of legal clarity that creates a legal grey zone that malign States eagerly exploit. His solution to this problem is a well-argued plea to reconceptualise coercion in cyberspace and draw a line in the sand.’ -- Dennis Broeders, Leiden University, the Netherlands‘Professor Pijpers combines a unique combination of a legal and a strategic framework to assess the legality and the modus operandi of digital influence operations directed against political systems. The legal framework involves non-intervention and sovereignty. The strategic framework offers valuable insight into the use of state power to persuade, coerce or manipulate foreign audiences.’ -- Paul Ducheine, University of Amsterdam, the NetherlandsTable of ContentsContents: Preface 1. Introduction to Influence Operations in Cyberspace 2. Influence operations – the concept 3. On influence operations – the case studies 4. Sovereignty and non-intervention – the legal framework 5. Legal analysis 6. Conclusions and reflections on Influence Operations in Cyberspace Index

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Book SynopsisTrade Review‘Discrimination is both a root cause and a frequent consequence of armed conflict, and Dvaladze expertly examines the concepts and applicability of equality and non-discrimination protections in armed conflict from the lens of IHL and international human rights law. This book is a must-read for every IHL practitioner as it centralizes the protections of vulnerable populations at the heart of armed conflict!’ -- Christie J. Edwards, Head of Policy, Programmes and Legal, Geneva Call, Switzerland‘International humanitarian law (IHL) consists of plenty of distinctions. Many therefore thought that its prohibition of “adverse distinction” has a very different meaning than the human rights principle of non-discrimination. George Dvaladze proves to us that this is wrong and shows in detail when certain conduct in armed conflict, including in the conduct of hostilities, is actually discriminatory.’ -- Marco Sassòli, University of Geneva, SwitzerlandTable of ContentsContents: Introduction PART I GENERAL OVERVIEW OF IHL AND HUMAN RIGHTS GUARANTEES ON EQUALITY AND NON-DISCRIMINATION AND THEIR INTERPLAY 1 Overview of IHL guarantees on equality and non-discrimination 2 Overview of human rights guarantees on equality and non-discrimination and their applicability in armed conflict 3 Equality, adverse distinction and discrimination under IHL and human rights law PART II EQUALITY AND NON-DISCRIMINATION IN SPECIFC SITUATIONS 4 Adverse distinction in the treatment of persons in the power of a Party to an armed conflict 5 Adverse distinction in the conduct of hostilities General conclusion Bibliography Index

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Book SynopsisWhile military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.Trade Review‘This detailed and comprehensive analysis of military justice is a brilliant addition to the lexicon of academic commentary on military justice. It provides a forensic examination of the relationship between soldier and state, and does not duck the difficult issues of dealing with “villains” who are perceived as “heroes” by politicians and the general public. It provides historical context while adding to the ongoing debate about the relevance of a separate system of justice in the modern era.’ -- Jeff Blackett, Judge Advocate General of HM Armed Forces 2004-2020‘This excellent book provides a concise and deeply nuanced assessment of an operationally vital, politically charged, and intensely contextual field of legal inquiry. Encompassing national and international law, and recognising the practical impact of military capability upon our interpretation and application of this law, Nigel White once again shows us why he is the leading scholar in this field, and a worthy successor to Peter Rowe and Hilaire McCoubrey as its flagbearer.’ -- Robert McLaughlin, Australian National University, Australia‘The domestic and international legal frameworks that govern the deployment of the United Kingdom’s armed forces and the rights of its members are complex and contested. Adopting an expansive approach to the meaning of military justice, in this book Professor White takes the reader on a journey from the drafting of the Magna Carta to military operations in Afghanistan and Iraq. In the process, he unravels the relationship between the soldier and the state, and provides an engaging and thoughtful analysis of the law that regulates the actions of the armed forces at home and abroad.’ -- Alison Duxbury, University of Melbourne, AustraliaTable of ContentsContents: Preface Introduction to Military Justice 1. Framing military justice 2. Constitutional laws and the armed forces 3. Emergency powers and internal deployments 4. Prerogative powers and external deployments 5. The use of lethal force 6. Detention and abuse 7. The court martial 8. Rights and protections of soldiers 9. The scales of military justice Index

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Book SynopsisThis provocative book explores the precarious conflict between the legal restrictions on governmentsâ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.

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Book SynopsisThe book examines and makes proposals for improving the law and management of collaborative defence procurement programmes and provides practical examples to enhance efficiency of cooperation between states. Covering a broad scope of legal issues, it contains invaluable information for practitioners, policy-makers and academics aiming to analyse or improve these projects.Table of ContentsPart I. Analysis of Collaborative Defence Procurement in the EU: 1. The need for collaborative defence procurement; 2. Organisation of collaborative defence procurement programmes; 3. Procurement process of collaborative defence procurement programmes; 4. Initiatives to improve collaborative defence procurement in Europe; Part II. Legal Framework of Defence Procurement in the EU: 5. The Matryoshka doll of four legal relationships; 6. The EU treaties and defence procurement; 7. The EU public procurement directives and defence procurement; 8. The EU legislation on trade in defence goods; 9. Institutional law of international organisations; Part III. Examples of Collaborative Defence Procurement Structures: 10. International organisation performing collaborative defence procurement in Europe; 11. State-to-state defence procurement cooperation; Part IV. First Matryoshka Doll: The Decision to Participate in a Collaborative Programme: 12. Applicability of the public contracts directive; 13. Applicability of the defence and security directive; 14. Applicability of the EU treaties principles; Part V. Second Matryoshka Doll: The Relationship between the Participating States: 15. International agreements and EU law; 16. Obligation to implement directives; Part VI. Third Matryoshka Doll: The Procurement Rules of the Programme Management Entity: 17. Procurement rules of programmes managed by an international organisation; 18. Procurement rules of programmes managed by a lead nation; Part VII. Actual Compliance with Applicable Law: 19. Rules for OCCAR programmes; 20. Rules for EDA projects and programmes; 21. Rules of NSPO; Part VIII. How to Improve Collaborative Defence Procurement in the EU: 22. Increasing efficiency of collaborative defence procurement programmes; 23. Legal improvements of collaborative defence procurement.

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Book SynopsisThe 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 projectsExamines the new contract clause by clause and compares it with the previous editionPrevious editions were widely acknowledged as detailed and fair analyses of the NEC contractsWritten 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.Table of ContentsPreface xv Author’s notex vii 1 Introduction 1 1.1 Overview 1 1.2 Background 1 1.3 Objectives 1 1.4 Impacts of change 2 1.5 The NEC4 suite of contracts 3 1.6 Characteristics of NEC contracts 3 1.7 Structure of the NEC4 engineering and construction contract (ECC4) 4 1.8 Changes ECC3 to ECC4 6 1.9 Review of points of interest 7 1.10 Entire agreement 7 1.11 Exclusion of common law rights 8 1.12 Conditions precedent to compensation event claims 8 1.13 Role and powers of the project manager 8 1.14 Changes to scope (previously Works Information) 9 1.15 Prevention 9 1.16 Quotations for compensation events 9 1.17 Assessments of compensation events 9 1.18 Dispute avoidance and dispute resolution 10 2 Changes from ECC3 11 2.1 Evolution 11 2.2 Features and enhancements 11 2.3 Terminological changes 12 2.4 Changes to core clauses 12 2.5 Changes to dispute resolution procedures 15 2.6 Changes to secondary option clauses 16 2.7 Data sheet changes 16 3 Main options 17 3.1 Introduction 17 3.2 Contract strategy 18 3.3 Responsibility for design 19 3.4 Certainty of price 20 3.5 Allocation of risk 21 3.6 The Client’s requirements 22 3.7 Operating restrictions 23 3.8 Early start and/or rapid finish 23 3.9 Flexibility in contractual arrangements 23 3.10 Aversion to disputes 23 3.11 Single point responsibility 24 3.12 Option A – priced contract with activity schedule 24 3.13 Option B – priced contract with bill of quantities 25 3.14 Target contracts generally 27 3.15 Options C and D – target contracts 29 3.16 Option E – cost reimbursable contract 30 3.17 Option F – management contract 31 3.18 Options W1, W2, W3 – resolving and avoiding disputes 31 4 Secondary options 32 4.1 Introduction 32 4.2 Choice of secondary option clauses 33 4.3 Status of secondary option clauses 33 4.4 Option X1 – price adjustment for inflation 34 4.5 Option X2 – changes in the law 34 4.6 Option X3 – multiple currencies 35 4.7 Option X4 – ultimate holding company guarantee 36 4.8 Option X5 – sectional completion 36 4.9 Option X6 – bonus for early completion 37 4.10 Option X7 – delay damages 37 4.11 Option X8 – undertakings to the client or others 42 4.12 Option X9 – transfer of rights 42 4.13 Option X10 – information modelling 43 4.14 Option X11 – termination by the Client 43 4.15 Option X12 – multiParty collaboration 44 4.16 Option X13 – performance bond 45 4.17 Option X14 – advanced payment to the contractor 47 4.18 Option X15 – the contractor’s design 48 4.19 Option X16 – retention 49 4.20 Option X17 – low performance damages 50 4.21 Option X18 – limitation of liability 51 4.22 Option X20 – key performance indicators 55 4.23 Option X21 – whole life cost 56 4.24 Option X22 – early contractor involvement 56 4.25 Option Y(UK)1 – project bank account 57 4.26 Option Y(UK)2 – housing Grants, construction and regeneration act 1996 57 4.27 Option Y(UK)3 – contracts (Rights of Third Parties) act 1999 58 4.28 Option Z – additional conditions of contract 58 5 Contract documents 59 5.1 Introduction 59 5.2 Entire agreements 60 5.3 Clause 12.4 of ECC4 61 5.4 Construction of contracts generally 62 5.5 ECC4 documentation 63 5.6 Essential contract documents 64 5.7 Identified and defined terms 65 5.8 The Contract Date 66 5.9 Scope 67 5.10 Site Information 70 5.11 Contract Data 72 5.12 Schedules of cost components 72 5.13 Ambiguities and inconsistencies in the contract documents 74 5.14 Schedule of clauses referring to the Scope 74 6 Key players 79 6.1 Introduction 79 6.2 Others 81 6.3 Actions 82 6.4 Mutual trust and co-operation 83 6.5 The Client 84 6.6 Express obligations of the client 85 6.7 The Project manager 86 6.8 Express duties of the project manager 89 6.9 The supervisor 97 6.10 Express duties of the supervisor 97 6.11 Communications 98 6.12 The Project manager and the supervisor 102 7 General core clauses 104 7.1 Introduction 104 7.2 Mutual trust and co-operation 105 7.3 Actions 106 7.4 Identified and defined terms 107 7.5 Interpretation and the law 116 7.6 Communications 117 7.7 The Project manager and the supervisor 117 7.8 Instructions 118 7.9 Early warning 118 7.10 Contractor’s proposals 121 7.11 Requirements for instructions 121 7.12 Illegal and impossible requirements 122 7.13 Corrupt Acts 123 7.14 Prevention 123 8 Obligations and responsibilities of the Contractor 128 8.1 Introduction 128 8.2 Design obligations, responsibilities and liabilities 131 8.3 Providing the works 133 8.4 The Contractor’s design 134 8.5 Using the Contractor’s design 137 8.6 Design of equipment 138 8.7 People 138 8.8 Working with the client and others 140 8.9 Subcontracting 142 8.10 Other responsibilities 145 8.11 Assignment 147 8.12 Disclosure 147 8.13 Express obligations of the contractor 148 8.14 Express prohibitions on the contractor 155 9 Time (and related matters) 157 9.1 Introduction 157 9.2 Starting and completion 159 9.3 Programmes 161 9.4 Revision of programmes 165 9.5 Shortened programmes 167 9.6 Access to and use of the site 168 9.7 Instructions to stop or not to start work 169 9.8 Take over 171 9.9 Acceleration 173 10 Quality management 175 10.1 Introduction on quality management 175 10.2 Contractual provisions of ECC4 on quality management 176 10.3 Understanding the contractual provisions on quality management 177 10.4 Introduction on testing and defects 177 10.5 Definitions and certificates 180 10.6 Tests and inspections 183 10.7 Testing and inspection before delivery 186 10.8 Searching for and notifying defects 186 10.9 Correcting defects 188 10.10 Accepting defects 190 10.11 Uncorrected defects 191 11 Payments 193 11.1 Introduction 193 11.2 Assessing the amount due 196 11.3 Payments 198 11.4 Defined cost 201 11.5 Payments – main option A 202 11.6 Payments – main option B 205 11.7 Payments – main option C 206 11.8 Payments – main option D 210 11.9 Payments – main option E 211 11.10 Payments – main option F 211 11.11 Final assessment 212 11.12 Status of and disputes on final assessments 213 12 ECC4 compensation event schemes 215 12.1 Introduction 215 12.2 Structure of ECC4 compensation events schemes 217 12.3 Amendments and additions 217 12.4 Outline of procedures 219 12.5 Defining a compensation event 220 12.6 Compensation events as exclusive remedies 220 12.7 Fairness of the compensation event procedures 222 12.8 Unusual features of the compensation event procedures 222 13 Listed compensation events 223 13.1 Introduction 223 13.2 Omissions from the listed events 224 13.3 Scope-related events 224 13.4 Client’s default events 226 13.5 Client’s liability events 229 13.6 Project manager/supervisor-related events 230 13.7 Physical conditions 233 13.8 Adverse weather 236 13.9 Prevention 237 13.10 Measurement-related events 238 13.11 Secondary option clause events 240 14 Notifying compensation events 242 14.1 Introduction 242 14.2 Notifications by the project manager 242 14.3 Notifications by the contractor 244 14.4 Project Manager’s response to notifications 248 14.5 Last date for notification of compensation events 250 15 Quotations for compensation events 252 15.1 Introduction 252 15.2 Instructions to submit quotations 253 15.3 Failure to give early warning 253 15.4 Assumptions for assessment of quotations 254 15.5 Primary clauses on quotations 255 15.6 Submissions of quotations 255 15.7 Revised quotations 256 15.8 Failure to reply to quotations 256 15.9 General comment on ECC4’s assessment and quotation systems 256 16 Assessment of compensation events 258 16.1 Introduction 258 16.2 Changes from ECC3 259 16.3 General assessment rules 260 16.4 Particular assessment rules 265 16.5 The Project manager’s assessments 268 16.6 Implementing compensation events 270 16.7 Other financial remedies 272 17 Title 273 17.1 Introduction 273 17.2 Client’s title to equipment, plant and materials 274 17.3 Marking equipment, plant and materials 275 17.4 Removing equipment 276 17.5 Objects and materials within the site 276 18 Liabilities and insurance 279 18.1 Introduction 279 18.2 Liabilities and insurance under ECC4 283 18.3 Client’s liabilities 284 18.4 Contractor’s liabilities 287 18.5 Recovery of costs 288 18.6 Insurances 289 18.7 The Insurance table 289 18.8 Insurance policies 289 18.9 Contractor’s failure to insure 290 18.10 Insurance by the client 291 19 Termination 292 19.1 Introduction 292 19.2 Termination under ECC4 294 19.3 Reasons for termination under ECC4 295 19.4 The Termination table and the termination certificate 296 19.5 Comment on reasons 297 19.6 Procedures on termination 300 19.7 Amounts due on termination 301 20 Dispute avoidance and dispute resolution 303 20.1 Introduction 303 20.2 Overall structure of ECC4 dispute avoidance and dispute resolution provisions 304 20.3 Option W3 – the Dispute avoidance board 305 20.4 Choice of options 305 20.5 Involvement of denior representatives 305 20.6 Meaning of dispute 306 20.7 Adjudication under option W1 308 20.8 Adjudication under option W2 316 20.9 Review by the tribunal 320 20.10 The Adjudicator’s contract 323 21 NEC4 Engineering and construction Subcontract 324 21.1 Introduction 324 21.2 Structure of the ECC4 subcontract 325 21.3 Common core clause grouping 326 21.4 Core clauses – general 327 21.5 Core clauses – the Subcontractor’s main responsibilities 327 21.6 Core clauses – time 328 21.7 Core clauses – quality management 329 21.8 Core clauses – payment 329 21.9 Core clauses – compensation events 330 21.10 Core clauses – title 330 21.11 Core clauses – liabilities and insurances 331 21.12 Core clauses – termination 331 21.13 Resolving and avoiding disputes 331 22 Legal decisions on NEC-based contracts 333 22.1 Introduction 333 22.2 ABB Limited v. Bam Nuttall Ltd [2013] EWHC 1983 (TCC) 333 22.3 Amey LG Ltd v. Cumbria County Council [2016] EWHC 2856 (TCC) 333 22.4 Amey Wye Valley Ltd v. The County of Herefordshire District Council (Rev1) [2016] EWHC 2368 (TCC) 334 22.5 Anglian Water Services Ltd v. Laing O’Rourke Utilities Ltd [2010] EWHC 1529 (TCC) 334 22.6 Arbitration Application No 2 of 2016 & [2017] Scot CS CSOH 23 (P1039/16) 335 22.7 Arcadis UK Ltd v. May and Baker Ltd (t/a Sanofi) [2013] EWHC 87 335 22.8 AMEC Group Ltd v. Secretary of State for Defence [2013] EWHC 110 (TCC) 335 22.9 Aecom Design Build Ltd v. Staptina Engineering Services Ltd [2017] EWHC 723 (TCC) 336 22.10 Atkins Ltd v. Secretary of State for Transport [2013] EWHC 139 (TCC) 336 22.11 Balfour Beatty Ltd v. Gilcomston North Ltd and O Turner Insulation Ltd [2006] Scot CS CSOH 81 337 22.12 Cleveland Bridge UK Ltd v. Sarens (UK) Ltd [2018] EWHC 751 (TCC) 337 22.13 Beumer Group UK Ltd v. Vinci Construction UK Ltd [2016] EWHC 2283 (TCC) 338 22.14 Costain Ltd v. Tarmac Holdings Ltd [2017] EWHC 319 (TCC) 338 22.15 Dynniq UK Ltd v. Lancashire County Council [2017] EWHC 3173 (TCC) 339 22.16 Costain Ltd & O’Rourke Civil Engineering Ltd & Bachy Soletance Ltd & Emcor Drake and Scull Group PLC v. Bechtel Ltd & Mr Fady Bassily [2005] EWHC 1018 (TCC) 339 22.17 Ecovision Systems Ltd v. Vinci Construction UK Ltd (Rev1) [2015] EWHC 587 (TCC) 340 22.18 Farelly (M&E) Building Services Limited v. Byrne Brothers (Formwork) Ltd [2013] EWHC 1186 (TCC) 340 22.19 Fermanagh District Council v. Gibson (Banbridge) Ltd [2014] NICA 46 341 22.20 Ground Developments Ltd v. FCC Construction SA & Ors [2016] EWHC 1946 (TCC) 341 22.21 Henry Brothers (Magherafelt) Ltd & Ors v. Department of Education for Northern Ireland [2007] NIQB 116, [2008] NIQB 105 341 22.22 Imtech Inviron Ltd v. Loppingdale Plant Ltd [2014] EWHC 4006 (TCC) 342 22.23 Imperial Chemical Industries Ltd v. Merit Merrell Technology Ltd [2018] EWHC 1577 (TCC) 342 22.24 Imperial Chemical Industries Ltd v. Merit Merrell Technology Ltd [2016] EWHC B30 (TCC) [2017] EWHC 1763 (TCC) 342 22.25 Imperial Chemical Industries Ltd v. Merit Merrell Technology Ltd [2015] EWHC 2915 (TCC) 343 22.26 Liberty Mercian Ltd v. Cuddy Civil Engineering Ltd & Anor [2013] EWHC 2688 (TCC), [2013] EWHC 4110 (TCC), [2014] EWHC 3584 (TCC) 343 22.27 McAlpine PPS Pipeline Systems Joint Venture v. Transco PLC [2004] EWHC 2030 (TCC) 344 22.28 FP McCann Ltd v. The Department for Regional Development [2016] NICh 12 344 22.29 McConnell Dowell Constructors (Aust) Pty Ltd v. National Grid Gas PLC [2006] EWHC 2551 (TCC) 344 22.30 Mears Ltd v. Shoreline Housing Partnership Ltd [2013] EWHC 27, [2015] EWHC 1396 345 22.31 Maersk Oil UK Ltd (formerly Kerr-McGee Oil (UK) PLC) v. Dresser-Rand (UK) Ltd [2007] EWHC 752 (TCC) 345 22.32 J Murphy & Sons Ltd v. W. Maher and Sons Ltd [2016] EWHC 1148 (TCC) 345 22.33 Northern Ireland Housing Executive v. Combined Facilities Management [2014] NIQB 75 [2015] 346 22.34 Northern Ireland Housing Executive v. Healthy Buildings Ltd [2013] NIQB 124/[2017] NIQB 43 346 22.35 ROK Building Limited v. Celtic Composting Systems Ltd [2009] EWHC 2664 (TCC), [2010] EWHC 66 347 22.36 RWE Npower Renewables Ltd v. JN Bentley Ltd [2013] EWHC 978 (TCC) 347 22.37 RWE Npower Renewables Ltd v. JN Bentley Ltd [2014] EWCA Civ 150 347 22.38 Secretary of State for Defence v. Turner Estate Solutions Limited [2015] EWHC 1150 (TCC) 348 22.39 SGL Carbon Fibres Ltd v. RBG Ltd [2012] Scot CS CSOH 19, [2010] CSOH 77 348 22.40 Stork Technical Services (RBG) Ltd v. Ros [2015] CSOH 10A 348 22.41 Shepherd Construction Ltd v. Pinsent Masons LLP [2012] EWHC 43 (TCC) BLR 213, 141 Con LR 232 348 22.42 Seele Austria GmbH & Co Kg v. Tokio Marine Europe Insurance Ltd [2009] EWHC 2066 (TCC) 349 22.43 SSE General Ltd v. Hochtief Solutions AG & Anor [2015] Scot CS CSOH 92 349 22.44 Vinci Construction UK Ltd v. Beumer Group UK Ltd [2017] EWHC 2196 (TCC) 350 22.45 Volker Stevin Limited v. Holystone Contracts Limited [2010] EWHC 2344 (TCC) 350 22.46 Wales and West Utilities Limited v. PPS Pipeline Systems GmbH [2014] EWHC 54 (TCC) 351 22.47 Walker Construction (UK) Ltd v. Quayside Homes Ltd and Peter Brett Associates LLP [2014] EWCA Civ 93 351 22.48 (1)Walter Llewellyn & Sons Limited (2) ROK Building Limited v. Excel Brickwork Limited [2010] EWHC 3415 (TCC) 352 22.49 AE Yates Trenchless Solutions Ltd v. Black & Veatch Ltd [2008] EWHC 3183 (TCC) 352 22.50 Weatherford Global Products Ltd v. Hydropath Holdings Ltd & Ors [2014] EWHC 2725 (TCC) 352 22.51 WSP Cel Ltd v. Dalkia Utilities Services PLC [2012] EWHC 2428 (TCC) 353 Table of cases 355 Table of clause references 359

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Book SynopsisA first-hand account of the author's experiences serving as a military lawyer during times of war.

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Book SynopsisThis book provides a comprehensive review of the many valuable roles that psychologists can play in courts-martial and how they can collaborate with military attorneys to make effective trial teams. Even though psychologists are becoming increasingly important in military trials, many are unfamiliar with the unique nature of this system. Likewise, lawyers often do not know how to effectively utilize psychologists’ expertise. This volume thus offers much-needed guidance for civilian psychologists and military counsel alike. The chapter authors are forensic psychologists and military legal personnel---including defense attorneys, prosecutors, and judges--who offer expert tips and strategies for navigating the court-martial process. They introduce psychologists to the rules, procedures, and people involved in military trials. They also explore psychologists’ many potential responsibilities, such as trial and litigation consulting, assisting with panel selection, cTable of ContentsContributors Introduction: Why Forensic Psychology in Military Courts? Christopher T. Stein and Jeffrey N. YounggrenPart I: Overview of the Military Justice System Chapter 1: The Forensic Psychologist in the Military Justice System: Background, Structure, and Process Kathleen Coyne Chapter 2: Military Trials: Procedures, Parties, and Terminology Marcus N. Fulton Chapter 3: Military Rules: Expert Qualifications, Admissibility of Expert Testimony, and Competency Hearings Joshua Kastenberg Chapter 4: Navigating the Mental Health Records Maze in Pretrial Litigation Robert D. MerrillPart II: Psychologists' Roles in Courts-Martial Chapter 5: Addressing Potential Role Conflicts in Military Courts-Martial Michael C. Gottlieb and Jeffrey N. Younggren Chapter 6: The Varied Roles of the Psychologist in Military Proceedings Mary Connell Chapter 7: The Psychologist as Trial Consultant Deborah Davis and Daniel Reisberg Chapter 8: The Psychologist as Courtroom Educator Daniel Reisberg and Deborah Davis Chapter 9: Psychological Evaluation and Testing in the Court-Martial Context Karen FranklinPart III: Psychologists and Legal Counsel as Partners Chapter 10: The Team Concept in Military Courts Andrew R. Norton Chapter 11: Psychologist–Prosecutor Collaboration: A Prosecutor’s Perspective Brian M. Thompson Chapter 12: An Integrated Approach to Defending Those With Mental Health Conditions Eric Carpenter Index About the Editors

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Book SynopsisSince at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discoursesincluding gender, innocence, and civilizationhave shaped the legal, military, and historical understandings of the civilian and she documents how these discTrade ReviewThe Image before the Weapon is an authoritative critical history of the 'principle of distinction' that deeply informs our current political condition. Helen M. Kinsella’s tour de force transcends disciplinary divisions and speaks to some of the thorniest ethical issues in contemporary warfare. What is a civilian? What is a combatant? Who is to judge and on what grounds? Epic in its ambition and scope yet tightly focused and accessibly argued, The Image before the Weapon is a significant achievement in critical theorizing that speaks as much to contemporary debates about counterinsurgency strategy and the political dynamics of civil wars as it does to current interpretations of medieval philosophy. * Contemporary Political Theory *For centuries, philosophers and publicists have sought to formalize the distinction between combatants and civilians under what is known as the principle of distinction. Although this principle has long been viewed as stable and relatively straightforward, Helen M. Kinsella demonstrates in The Image before the Weapon that it is anything but. * International Studies Review *Table of Contents1. Gender, Innocence, and Civilization 2. Martial Piety in the Medieval and Chivalric Codes of War 3. Civilization and Empire: Francisco de Vitoria and Hugo Grotius 4. General Orders 100, Union General Sherman's March to Atlanta, and the Sand Creek Massacre 5. The 1899 Martens Clause and the 1949 IV Geneva Convention 6. The Algerian Civil War and the 1977 Protocols Additional 7. The Civil Wars of Guatemala and El Salvador 8. ResponsibilityNotes Index

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Book SynopsisThis book is a compilation of CRS reports on defense policies. Some topics discussed herein include the United States Special Operations Command, US withdrawals from treaties and other international agreements, artificial intelligence development and the North Atlantic Treaty Organization.

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Book SynopsisIt is widely held that foreign affairs, and more particularly issues of war and peace, lie beyond the scope of judicial scrutiny. In the recent case of Campbell v. Clinton, Judges Silberman and Tatel took diametrically opposite positions on the issue. A concurrence by Judge Silberman contended that war power disputes may not be decided by federal courts, while Judge Tatel insisted that the record demonstrates that federal courts have always felt comfortable and competent to adjudicate a number of war/ power issues. Resorting to one or more of the various threshold tests at their disposal, including the political question doctrine, federal courts may decline adjudication on sensitive and discretionary matters. To avoid placing their oar in murky waters, the courts, it is commonly believed, decline to pass on the validity of war/power issues, thus failing by the same token to perform their role as an independent check on the political branches. Moreover, when they do adjudicate such issues, they are said to usually uphold the actions of the executive branch. A closer scrutiny of case law, however, reveals the record to be more complex. It is by no means a foregone conclusion that courts lie back or shy away from war/power disputes. A number of private citizens and private corporations have taken war/power issues into the courts and had their disputes adjudicated, often decided against the President. Lawsuits brought by Members of Congress, are less likely to succeed. They reveal a fairly constant and consistent trend on the part of the judiciary: the courts will perform their traditional constitutional role as a n independent check if the political branches defend their own prerogatives. Lawsuits brought by individual members of Congress are likely to be adjudicated by the courts unless Congress, as an institution, ahs confronted the President. The focus of this book is on cases involving presidential and congressional use of military force in armed conflicts. Several cases dealing with private parties and insurance companies are included because life insurance policies may require courts to decide when the nation is ''at war'', or when there is an ''act of war'', and when the country is ''engaged'' in war. The courts have addressed the issue of war in various contexts and a variety of issues, some more significant than others, for two centuries. This book summarises this ongoing judicial record.

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Book SynopsisOn 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.

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Book SynopsisThis book provides background information and identifies issues for Congress regarding Department of Defense (DOD) alternative fuel initiatives, an issue of considerable attention during hearings in 2012 on DOD''s FY2013 budget. Ongoing alternative fuel efforts of the DOD and the military services include purchases of alternative fuels for testing and evaluation, as well as the certification of alternative fuels for use in service fleets. In addition, the Navy, in co-ordination with the Department of Energy and the Department of Agriculture, intends to spur domestic advanced biofuel production at a commercial scale using the authority of the Defense Production Act. The services (Army, Navy, and Air Force) have spent approximately $48 million on alternative fuels, and the Navy has proposed a $170 million investment in biofuel production capacity. An overview of the DOD''s alternative fuels policy and data on DOD''s alternative fuels purchase to date, as well as the status of testing platforms on alternative fuel blends and the certification of those blends for fleet-wide use within the services is also discussed.

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