Military and defence law and civilian service law Books

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Book SynopsisThis is a reprint of Anthony Ogus' classic study of regulation,first published in the 1990s. It examines how, since the last decades of the twentieth century there have been fundamental changes in the relationship between the state and industry. With the aid of economic theory Anthony Ogus critically examines the ways in which public law has been adapted to the task of regulating industrial activity and provides a systematic overview of the theory and forms of social and economic regulation. In particular, he explores the reasons why governments regulate, for which, broadly speaking, two theoretical frameworks exist. First 'public interest' theories determine that regulation should aim to improve social and economic welfare. Second, 'economic' theories suggest that regulation should aim to satisfy the demands of private interests. The book also looks at the evolution of the forms of regulation in Britain, extending to the policies of privatization and deregulation which were so characteristic of the period. The author skilfully evaluates the advantages and disadvantages of the different forms of regulation, particularly in the light of the two theoretical frameworks, but also by involving an analysis of how firms respond to the various kinds of incentives and controls offered by government. A significant feature of the book is its analysis of the choices made by governments between the different forms of regulation and the influence exerted by interest groups (including bureaucrats) and EC law.Table of Contents1. Introduction PART I. THEORIES OF REGULATION 2. The Context of Regulation: The Market and Private Law 3· Public Interest Grounds for Regulation 4· Regulation and the Pursuit of Private Interest PART II. GENERAL ISSUES 5· Use of the Criminal Law 6. Institutions and Accountability PART III. FORMS OF SOCIAL REGULATION 7· Information Regulation 8. Standards: General 9· Standards: Specific Regulatory Regimes 10. Prior Approval 11. Economic Instruments 12. Private Regulation PART IV. FORMS OF ECONOMIC REGULATION 13· PublicOwnership 14· Price Controls 15· Public Franchise Allocation PART V. EPILOGUE 16. The Future of Regulation

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Book SynopsisThe book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].Trade Review...THE POLICY OF LAW: A LEGAL THEORETICAL FRAMEWORK, at once builds on the impressive scholarship of [Zamboni's] intellectual forebears while at the same time offering new insight into a (surprisingly) understudied area of inquiry: the relationship between politics and law...The book is accessible to the sophisticated reader and will be particularly interesting to graduate students and advanced undergraduates who are curious about the ways in which different jurisprudential paradigms can be organized around political..dimensions...In seeking to narrow the scope of inquiry to just what the dominant legal theories have to say about the relationship between law and politics, Zamboni is broadening our understanding both of those foundational theories and of the connection between law and politics itself. As such, he has performed a real intellectual service for contemporary students of legal theory, all of whom should give this book a glance. Beau Breslin Law and Politics Book Review Vol. 18 No.5 (May 2008)Table of ContentsIntroduction: ‘Not Law but Politics-Smuggled-into-Law’ 1 Law and Politics in Contemporary Legal Theory 2 Law, Politics and the Grey Box 3 Law and Policy 4 The Policy of Law: Opening and Framing the Field 5 The Policy of Law AnalysiS 6 The Policy of Law Analysis: What is the Point?

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Book SynopsisAn ethical assessment of violent drone use considering military ethics, law enforcement ethics, moral injury and ethical human-machine interactionTrade Review"Christian Enemark has provided a comprehensive, empirically informed and distinctive set of analyses of the concepts and arguments deployed in the debates on the morality of drone violence in war and in other settings. Moralities of Drone Violence is an important, yet very readable, contribution to the scholarly literature." -Seumas Miller, Charles Sturt University

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Book SynopsisThis book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.Trade ReviewThe book will be of interest to policymakers, practitioners, and academics interested in the effect of AI and technology on private law. It provides a helpful overview of contemporary technological developments and discusses the impact of technology on development of existing doctrine. It strikes a golden balance between addressing theory and doctrine, explains hot topic issues, and analyses how modern advances can position themselves in historic private law doctrine. A truly illuminating and enjoyable read. -- Tina Popa * Tort Law Review *Table of Contents1. AI, Data and Private Law: The Theory-Practice Interface Gary Chan Kok Yew, Singapore Management University, Singapore and Man Yip, Singapore Management University, Singapore PART I DATA PROTECTION, GOVERNANCE AND PRIVATE LAW 2. How to De-identify Personal Data in Korea: An Evolutionary Tale Haksoo Ko, Seoul National University, Korea and Sangchul Park, Seoul National University, Korea 3. Data Trusts for Lawful AI Data Sharing Chris Reed, Queen Mary University of London, UK 4. The Future of Personal Data Protection Law in Singapore: A Role for the Use of Artificial Intelligence and the Propertisation of Personal Data Warren Chik, Singapore Management University, Singapore 5. Personal Data as a Proprietary Resource Pey Woan Lee, Singapore Management University, Singapore 6. Transplanting the Concept of Information Fiduciary? Man Yip, Singapore Management University, Singapore PART II AI, TECHNOLOGY AND PRIVATE LAW 7. Regulating Autonomous Vehicles: Liability Paradigms and Value Choices Chen Siyuan, Singapore Management University, Singapore 8. Medical Artificial Intelligence, Standard of Care in Negligence and Tort Law Gary Chan Kok Yew, Singapore Management University, Singapore 9. Contractual Consent in the Age of Machine Learning Goh Yihan, Singapore Management University, Singapore 10. Digital Assets: Balancing Liquidity with Other Considerations Gal Acrich, Katia Litvak, On Dvori, Ophir Samuelov and Dov Greenbaum, all at IDC Herzliya, Israel 11. Blockchain in Land Administration? Overlooked Details in Translating Theory into Practice Alvin W-L See, Singapore Management University, Singapore

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Book SynopsisThis book sets out the way that, through enhanced private antitrust enforcement reform, private international law has a pivotal role in EU competition law disputes with an international element. The author offers a thorough analysis of the post-2003 policy of the EU favouring private law enforcement of EU competition law and its implementation under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime. The book also considers how the jurisdiction, recognition and enforcement of judgments issues are dealt with in England under the common law rules applicable when Brussels I does not apply. The complex private international law problems in respect of cross-border class actions that have arisen in several countries, as well as judgments in relation to antitrust infringements, are also discussed. The author further examines the choice of law issues that may arise before the English courts under Rome I and Rome II. The potential problems regarding jurisdiction of arbitral tribunals and choice of law in arbitral proceedings in relation to EU competition law claims, and the jurisdiction of English courts in proceedings ancillary to arbitration claims, are dealt with accordingly.Trade ReviewDanov draws upon an impressive range of academic, policy and practitioner sources. There is no other book-length treatment of the nexus between competition law and private international law, and practitioners, academics and advanced students from a number of different substantive fields should take something from it. Kathryn Wright European Law Review Volume 37 The book provides an excellent critical analysis of the important challenges to which judges, practitioners, and business decision-makers are confronted with regard to concurrent proceedings in EU competition law and the attempt to solve them through the application of private international law principles. Dr Danov's remarkable study offers a lot of food for thought and an excellent background reading for those interested in deepening the analysis further. Ioannis Lianos World Competition Law and Economics Review 34(3) Danov has succeeded in writing a book that is both intellectually thorough enough to be able to play a significant role in shaping future academic debate as well as sufficiently practical enough to provide a source of inspiration for policy makers. Jan-Jaap Kuipers The Common Market Law Review Volume 48-4Table of Contents1 Introduction 1.1 EU COMPETITION LAW 1.2 ENFORCEMENT OF EU COMPETITION LAW 1.3 EU COMPETITION LAW DISPUTES BEFORE NATIONAL COURTS 1.4 CROSS-BORDER EU COMPETITION LAW DISPUTES 1.5 THE PURPOSE OF THE BOOK 1.6 THE RELEVANT PRIVATE INTERNATIONAL LAW SETS OF RULES 1.7 CHARACTERISATION OF EU COMPETITION LAW CLAIMS 2 Jurisdiction with Regard to Contract-Based EU Competition Law Claims 2.1 INTRODUCTION 2.2 JURISDICTION UNDER THE BRUSSELS I REGULATION 2.3 JURISDICTION UNDER ENGLISH TRADITIONAL RULES 2.4 SOME CONCLUSIONS 3 Jurisdiction in Tort-Based EU Competition Law Claims 3.1 INTRODUCTION 3.2 JURISDICTION UNDER THE BRUSSELS I REGULATION 3.3 JURISDICTION UNDER ENGLISH TRADITIONAL RULES 3.4 CONCLUSIONS 4 Avoiding Parallel EU Competition Law Proceedings 4.1 INTRODUCTION 4.2 DECLINING JURISDICTION AND STAYING PROCEEDINGS UNDER THE EU RULES 4.3 DECLINING JURISDICTION AND STAYING PROCEEDINGS UNDER THE ENGLISH TRADITIONAL RULES 4.4 CONCLUDING REMARKS 5 The Applicable Law in Competition Law Actions Brought Before English Courts 5.1 INTRODUCTION 5.2 APPLICABLE LAW: ACTIONS FOR NULLITY OF CONTRACTS DISTORTING COMPETITION 5.3 APPLICABLE LAW: TORTIOUS COMPETITION LAW ACTIONS 5.4 APPLICABLE LAW: COMPETITION LAW ACTIONS FOR NULLITY OF A CONTRACT BROUGHT TOGETHER WITH A TORTIOUS CLAIM FOR ANTITRUST DAMAGES 5.5 CONCLUDING REMARKS 6 Foreign Judgments in Relation to EU Competition Law Claims Before English Courts 6.1 INTRODUCTION 6.2 POWERS OF THE ENGLISH COURTS UNDER THE BRUSSELS I REGULATION 6.3 POWERS OF THE ENGLISH COURTS AT COMMON LAW 6.4 CONCLUSION 7 Arbitral Tribunals' Jurisdiction and Awards in Relation to Competition Law Claims 7.1 INTRODUCTION 7.2 JURISDICTION OF ARBITRATORS IN COMPETITION LAW DISPUTES-SOME PRELIMINARY ISSUES 7.3 ARBITRABILITY OF COMPETITION LAW ISSUES 7.4 THE LAW APPLICABLE TO THE SUBSTANCE OF A COMPETITION LAW DISPUTE 7.5 JURISDICTION OF ENGLISH COURTS IN PROCEEDINGS ANCILLARY TO ARBITRATION IN RELATION TO EU COMPETITION LAW CLAIMS 7.6 COHERENT AND UNIFORM APPLICATION OF EU COMPETITION LAW BY ARBITRATORS 7.7 CONCLUSION 8 Conclusion 8.1 CONCLUDING REMARKS 8.2 REFORMING THE BRUSSELS I FRAMEWORK 8.3 ADDRESSING THE ISSUE OF AVAILABLE ANTITRUST DAMAGES AND THEIR ASSESSMENT AT EU LEVEL 8.4 IS THERE A NEED FOR A SPECIAL REGULATION DEALING WITH EU COMPETITION LAW CLAIMS?

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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 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 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 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 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 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 SynopsisThe North-West Mounted Police were cerated in 1873 specifically to ensure that Canadian administration and settlement of the newly acquired North-West Territories were carried out in a peaceful and orderly manner. They did so with a remarkable degree of success. Contacts between the white and Indian societies were peaceful, and crime and violence amond settlers remained under control at all times. becasue of their efficiency and popularity with the public, the Mounted Police were able to make the transition from policing the frontier to maintaining law and order in a settled and developed community. R.C. Macleod traces the evolution of the force and also investigates why it was so successful. He finds both structural and sociological reasons. The North-West Mounted Police had advantages not enjoyed by similar organizations elsewhere in the world. Its officers exercised extensive judicial powers; indeed, for its first decade or so of existence, the force carried out virtually all fu

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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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