Military and defence law and civilian service law Books

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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Book SynopsisThirty years after its enactment, Congress has undertaken a review of the Goldwater-Nichols Department of Defense Reorganization Act (GNA) as well as the broader organisation and structure of the contemporary Department of Defense (DOD) more broadly. Most observers agree that in principle a comprehensive review of the Goldwater-Nichols legislation is warranted at this juncture. Further, a broad consensus appears to exist among observers that DOD must become considerably more agile while retaining its strength in order to enable the United States to meet a variety of critical emerging national security challenges. Agreement seemingly ends there. There appears to be little consensus on what should be changed within DOD and what specific direction reform ought to take. Discussions have begun to coalesce around a number of proposals, including reforming defense acquisition processes, further strengthening the Joint Staff, reducing Pentagon staffs, and better empowering the services in the joint arena. Ideas vary, however, on how, specifically, to achieve those outcomes. Disagreement also exists as to whether or not reorganising DOD alone will be sufficient. Some observers maintain that a reform of the broader interagency system on national security matters is needed. This book is intended to assist Congress as it evaluates the variety of reform proposals currently under discussion around Washington.

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Book SynopsisNow completely updated, the new Third Edition of International Franchise Sales Laws describes rules and regulations covering franchise and distribution law in 23 different countries, including the United States and Canada. Because an increasing number of countries are adopting franchise specific laws but in a variety of formats, this deskbook is an authoritative yet practical resource to help lawyers who must navigate the uncharted waters of international franchise sales laws. It is organized around answers to a number of practical questions that your client will face in each jurisdiction.Written by a team of knowledgeable franchise attorneys with strong international experience, International Franchise Sales Laws addresses disclosure and other requirements in the countries of Australia, Belgium, Brazil, Canada, China, France, Germany, Indonesia, Italy, Japan, Macau, Malaysia, Mexico, the Netherlands, Romania, Saudi Arabia, South Africa, South Korea, Spain, Sweden, Taiwan, and Vietnam, as well as the United States.For each jurisdiction, two authors licensed to practice in the jurisdiction address the jurisdiction's disclosure and other requirements in a uniform format. Each country chapter is organized to provide a comprehensive discussion of each of the applicable laws and also a practical and easy-to-use reference for counsel to comply with those laws. Each section addresses the following issues under each jurisdiction's disclosure law: What is a Franchise? Who Must Provide Disclosure? Who Must Receive Disclosure? When Must Disclosure be Furnished? Information to be Included in Disclosure Documents Governmental Filings or Approvals Other Requirements Franchisor-Franchisee Relationship Laws Violations of Franchise Sales Laws Table of ContentsContents About the Editors ……………xi Foreword ……………..xiii Acknowledgments …………………………. xv Introduction ……………… xvii I. Overview.................................................................................................. xvii II. Summary of Salient Issues ........................................................................ xx III. The Use of International Disclosure Documents and Compliance with International Franchise Sales Laws.............................................. xxviii Australia I. What Is a Franchise?..................................................................................... 4 II. Who Must Provide Disclosure? .................................................................... 6 III. Who Must Receive Disclosure?.................................................................... 8 IV. When Must Disclosure Be Furnished? ......................................................... 9 V. Information to Be Included in Disclosure Document................................. 12 VI. Governmental Filings ................................................................................. 23 VII. Other Requirements .................................................................................... 24 VIII. Franchisor–Franchisee Relationship Laws ................................................. 25 IX. Violations of Franchise Sales Laws ............................................................ 31 About the Authors ................................................................................................. 34 Belgium I. What Is a Franchise?................................................................................... 40 II. Who Must Provide Disclosure? .................................................................. 43 III. Who Must Receive Disclosure?.................................................................. 43 IV. When Must Disclosure Be Furnished? ....................................................... 45 V. Information to Be Included in Disclosure Document................................. 48 VI. Governmental Filings ................................................................................. 57 VII. Other Requirements .................................................................................... 58 VIII. Franchisor–Franchisee Relationship Laws ................................................. 58 IX. Violations of Franchise Sales Laws ............................................................ 61 About the Authors ................................................................................................. 65 Brazil I. What Is a Franchise?................................................................................... 70 II. Who Must Provide Disclosure? .................................................................. 71 III. Who Must Receive Disclosure?.................................................................. 72 IV. When Must Disclosure Be Furnished? ....................................................... 73 V. Information to Be Included in Disclosure Document................................. 74 VI. Governmental Filings ................................................................................. 82 VII. Other Requirements .................................................................................... 84 VIII. Franchisor–Franchisee Relationship Laws ................................................. 85 IX. Violations of Franchise Sales Laws ............................................................ 86 About the Author................................................................................................... 89 Canada Introduction................................................................................................................. 94 I. What Is a Franchise?................................................................................... 94 II. Who Must Provide Disclosure? ................................................................ 103 III. Who Must Receive Disclosure?................................................................ 104 IV. When Must Disclosure Be Furnished? ..................................................... 105 V. Information to Be Included in Disclosure Document............................... 109 VI. Governmental Filings ............................................................................... 132 VII. Other Requirements .................................................................................. 133 VIII. Franchisor–Franchisee Relationship Laws ............................................... 134 IX. Violations of Franchise Sales Laws .......................................................... 136 About the Authors ............................................................................................... 142 China I. What Is a Franchise?................................................................................. 148 II. Who Must Provide Disclosure? ................................................................ 149 III. Who Must Receive Disclosure?................................................................ 150 IV. When Must Disclosure Be Furnished? ..................................................... 150 V. Information to Be Included in Disclosure Document............................... 151 VI. Governmental Filings ............................................................................... 157 VII. Other Requirements .................................................................................. 160 VIII. Franchisor–Franchisee Relationship Laws ............................................... 161 IX. Violations of Franchise Disclosure Laws ................................................. 165 About the Author................................................................................................. 167 France I. What Is a Franchise?................................................................................. 172 II. Who Must Provide Disclosure? ................................................................ 179 III. Who Must Receive Disclosure?................................................................ 180 IV. When Must Disclosure Be Furnished? ..................................................... 181 V. Information to Be Included in a Disclosure Document ............................ 183 VI. Governmental Filings ............................................................................... 193 VII. Other Requirements .................................................................................. 194 VIII. Franchisor–Franchisee Relationship Laws ............................................... 194 IX. Violations of Franchise Disclosure Laws ................................................. 197 About the Authors ............................................................................................... 201 Germany I. What Is a Franchise?................................................................................. 206 II. Who Must Provide Disclosure? ................................................................ 208 III. Who Must Receive Disclosure?................................................................ 209 IV. When Must Disclosure Be Furnished? ..................................................... 210 V. Information to Be Included in Disclosure Document............................... 211 VI. Governmental Filings ............................................................................... 217 VII. Other Requirements .................................................................................. 217 VIII. Franchisor–Franchisee Relationship Laws ............................................... 218 IX. Violations of Franchise Sales Laws .......................................................... 220 About the Authors ............................................................................................... 221 Indonesia I. What Is a Franchise?................................................................................. 226 II. Who Must Provide Disclosure? ................................................................ 227 III. Who Must Receive Disclosure?................................................................ 228 IV. When Must Disclosure Be Furnished? ..................................................... 229 V. Information to Be Included in Disclosure Document............................... 230 VI. Government Filings .................................................................................. 237 VII. Other Requirements .................................................................................. 239 VIII. Franchisor–Franchisee Relationship Laws ............................................... 240 IX. Violations of Franchise Sales Laws .......................................................... 241 About the Authors ............................................................................................... 242 Italy I. What Is a Franchise?................................................................................. 248 II. Who Must Provide Disclosure? ................................................................ 249 III. Who Must Receive Disclosure?................................................................ 250 IV. When Must Disclosure Be Furnished? ..................................................... 251 V. Information to Be Included in the Disclosure Document......................... 252 VI. Governmental Filings ............................................................................... 261 VII. Other Requirements .................................................................................. 262 VIII. Franchisor–Franchisee Relationship Laws ............................................... 262 IX. Violations of Franchise Sales Laws .......................................................... 266 About the Authors ............................................................................................... 269 Japan I. What Is a Franchise?................................................................................. 274 II. Who Must Provide Disclosure? ................................................................ 276 III. Who Must Receive Disclosure?................................................................ 277 IV. When Must Disclosure Be Furnished? ..................................................... 279 V. Information to Be Included in Disclosure Document............................... 279 VI. Governmental Filings ............................................................................... 290 VII. Other Requirements .................................................................................. 291 VIII. Franchisor–Franchisee Relationship Laws ............................................... 292 IX. Violations of Franchise Sales Laws .......................................................... 294 About the Authors ............................................................................................... 295 Macau I. What Is a Franchise?................................................................................. 300 II. Who Must Provide Disclosure? ................................................................ 301 III. Who Must Receive Disclosure?................................................................ 302 IV. When Must Disclosure Be Furnished? ..................................................... 302 V. Information to Be Included in Disclosure Document............................... 303 VI. Governmental Filings ............................................................................... 312 VII. Other Requirements .................................................................................. 313 VIII. Franchisor–Franchisee Relationship Laws ............................................... 313 IX. Violations of Franchise Sales Laws .......................................................... 316 About the Authors ............................................................................................... 317 Malaysia I. What Is a Franchise?................................................................................. 322 II. Who Must Provide Disclosure? ................................................................ 323 III. Who Must Receive Disclosure?................................................................ 324 IV. When Must Disclosure Be Furnished? ..................................................... 325 V. Information to Be Included in Disclosure Document............................... 325 VI. Governmental Filings ............................................................................... 332 VII. Other Requirements .................................................................................. 336 VIII. Franchisor–Franchisee Relationship Laws ............................................... 336 IX. Violations of Franchise Sales Laws .......................................................... 338 About the Authors ............................................................................................... 339 Mexico I. What Is a Franchise?................................................................................. 344 II. Who Must Provide Disclosure? ................................................................ 345 III. Who Must Receive Disclosure?................................................................ 346 IV. When Must Disclosure Be Furnished? ..................................................... 346 V. Information to Be Included in Disclosure Document............................... 347 VI. Governmental Filings ............................................................................... 353 VII. Other Requirements .................................................................................. 355 VIII. Franchisor–Franchisee Relationship Laws ............................................... 355 IX. Violations of Franchise Sales Laws .......................................................... 357 About the Authors ............................................................................................... 359 The Netherlands I. What Is a Franchise?................................................................................. 364 II. Who Must Provide Disclosure? ................................................................ 368 III. Who Must Receive Disclosure?................................................................ 370 IV. When Must Disclosure Be Furnished? ..................................................... 370 V. Information to Be Included in a Disclosure Document ............................ 374 VI. Governmental Filings ............................................................................... 383 VII. Other Requirements .................................................................................. 384 VIII. Franchisor–Franchisee Relationship Laws ............................................... 384 IX. Violations of Franchise Sales Laws .......................................................... 390 About the Authors ............................................................................................... 394 Romania I. What Is a Franchise?................................................................................. 398 II. Who Must Provide Disclosure? ................................................................ 399 III. Who Must Receive Disclosure?................................................................ 400 IV. When Must Disclosure Be Furnished? ..................................................... 401 V. Information to Be Included in Disclosure Document............................... 402 VI. Governmental Filings ............................................................................... 412 VII. Other Requirements .................................................................................. 414 VIII. Franchisor–Franchisee Relationship Laws ............................................... 414 IX. Violations of Franchise Sales Laws .......................................................... 417 About the Authors ............................................................................................... 418 Saudi Arabia I. What Is a Franchise?................................................................................. 424 II. Who Must Provide Disclosure? ................................................................ 427 III. Who Must Receive Disclosure?................................................................ 428 IV. When Must Disclosure Be Furnished? ..................................................... 428 V. Information to Be Included in Disclosure Document............................... 429 VI. Governmental Filings ............................................................................... 435 VII. Other Requirements .................................................................................. 436 VIII. Franchisor–Franchisee Relationship Laws ............................................... 437 IX. Violations of Franchise Sales Laws .......................................................... 438 About the Authors ............................................................................................... 439 South Africa I. What Is a Franchise?................................................................................. 444 II. Who Must Provide Disclosure? ................................................................ 448 III. Who Must Receive Disclosure?................................................................ 449 IV. When Must Disclosure Be Furnished? ..................................................... 450 V. Information to Be Included in the Disclosure Document......................... 451 VI. Governmental Filings ............................................................................... 457 VII. Other Requirements .................................................................................. 458 VIII. Franchisor–Franchisee Relationship Laws ............................................... 458 IX. Violations of Franchise Sales Laws .......................................................... 461 About the Authors ............................................................................................... 466 South Korea I. What Is a Franchise?................................................................................. 472 II. Who Must Provide Disclosure? ................................................................ 474 III. Who Must Receive Disclosure?................................................................ 475 IV. When Must Disclosure Be Furnished? ..................................................... 475 V. Information to Be Included in Disclosure Document............................... 476 VI. Governmental Filings ............................................................................... 485 VII. Other Requirements .................................................................................. 487 VIII. Franchisor–Franchisee Relationship Laws ............................................... 487 IX. Violations of Franchise Sales Laws .......................................................... 494 About the Authors ............................................................................................... 498 Spain I. What Is a Franchise?................................................................................. 502 II. Who Must Provide Disclosure? ................................................................ 504 III. Who Must Receive Disclosure?................................................................ 504 IV. When Must Disclosure Be Furnished? ..................................................... 505 V. Information to Be Included in the Disclosure Document......................... 506 VI. Governmental Filings ............................................................................... 512 VII. Other Requirements .................................................................................. 514 VIII. Franchisor–Franchisee Relationship Laws ............................................... 516 IX. Violations of Franchise Sales Laws .......................................................... 519 About the Authors ............................................................................................... 521 Sweden I. What Is a Franchise?................................................................................. 526 II. Who Must Provide Disclosure? ................................................................ 528 III. Who Must Receive Disclosure?................................................................ 528 IV. When Must Disclosure Be Furnished? ..................................................... 529 V. Information to Be Included in Disclosure Document............................... 530 VI. Governmental Filings ............................................................................... 536 VII. Other Requirements .................................................................................. 537 VIII. Franchisor–Franchisee Relationship Laws ............................................... 537 IX. Violations of Franchise Sales Laws .......................................................... 538 About the Authors ............................................................................................... 539 Taiwan I. What Is a Franchise?................................................................................. 544 II. Who Must Provide Disclosure? ................................................................ 546 III. Who Must Receive Disclosure?................................................................ 547 IV. When Must Disclosure Be Furnished? ..................................................... 548 V. Information to Be Included in Disclosure Document............................... 550 VI. Governmental Filings ............................................................................... 557 VII. Other Requirements .................................................................................. 558 VIII. Franchisor–Franchisee Relationship Laws ............................................... 559 IX. Violations of Franchise Sales Laws .......................................................... 560 About the Authors ............................................................................................... 562 United States Introduction............................................................................................................... 568 I. What Is a Franchise?................................................................................. 569 II. Who Must Provide Disclosure? ................................................................ 578 III. Who Must Receive Disclosure?................................................................ 579 IV. When Must Disclosure Be Furnished? ..................................................... 580 V. Information to Be Included in the Disclosure Document......................... 583 VI. Governmental Filings ............................................................................... 594 VII. Other Requirements .................................................................................. 601 VIII. Franchisor–Franchisee Relationship Laws ............................................... 601 IX. Violations of Franchise Sales Laws .......................................................... 604 About the Authors ............................................................................................... 608 Vietnam I. What Is a Franchise?................................................................................. 612 II. Who Must Provide Disclosure? ................................................................ 614 III. Who Must Receive Disclosure?................................................................ 615 IV. When Must Disclosure Be Furnished? ..................................................... 616 V. Information to Be Included in Disclosure Document............................... 617 VI. Governmental Filings ............................................................................... 623 VII. Other Requirements .................................................................................. 624 VIII. Franchisor–Franchisee Relationship Laws ............................................... 625 IX. Violations of Franchise Disclosure Laws ................................................. 627 About the Authors ............................................................................................... 629

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Book SynopsisPraise for Military Discharge Upgrade Legal Practice Manual “This book represents in every way the intent of my 2014 PTSD memo instructing a review of less-than-honorable discharges. I hope it will help grow the field of discharge upgrade advocacy so all veterans with unjust or erroneous discharges will have their service to our country recognized. We owe every veteran nothing less.” —Chuck Hagel, Secretary of Defense (2013-2015), U.S. Senator (1997-2009), Vietnam Veteran “An Honorable Discharge is a point of great pride and achievement for every veteran and it must remain so. However, there are cases where a service member’s discharge does not recognize all the factors contributing to conduct, especially the effects of PTSD and other neurological and psychological issues. It is here that the Military Discharge Upgrade Legal Practice Manualprovides a major contribution. It presents a comprehensive and detailed explanation of all aspects of the discharge review process. It allows individuals and their counselors to understand their rights and the procedures necessary to reassess a discharge. The authors have made a valuable contribution to all who have served.” —Senator Jack Reed, Rhode Island, Chairman, Senate Armed Services Committee; US Army Veteran “This is one of the rare books that can change lives for much the better…. [T]he steps of action and detailed analysis provided here will assist hundreds of thousands of former service members barred from the vital assistance they need to heal and reintegrate into civilian society. Those who have served the country deserve no less.” —Martha Minow, 300th Anniversary University Professor, Harvard University The need for a comprehensive guide to discharge upgrade practice could not be more critical. A 2020 report found that hundreds of thousands of veterans have been, or are at risk of being, unjustly denied benefits because they have received less-than-honorable discharges. Many of these veterans have experienced trauma (including combat trauma and Military Sexual Trauma), mental health conditions or medical conditions (such as Post-Traumatic Stress and Traumatic Brain Injury), or discrimination (based on race, sex, or LGBTQ status) while in the military. The Manual covers fact investigation, legal research, and case strategy in advocating for discharge upgrades before military review boards. Each representation stage receives detailed attention, from initial intake to administrative proceedings to federal court review.

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Book SynopsisThe practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiß, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. WhiteTrade Review'In an oversaturated market, it is very difficult to say anything new or interesting about drones, autonomous weapons systems, and cyberwarfare. This new Research Handbook, however, proves the happy exception. Jens Ohlin's collection, which brings together some of the most innovative scholars in public international law, makes brilliant use of the concept of ''remoteness'' to interrogate how these means and methods of warfare are often merely new variations on old themes - but are also in some ways radically new, challenging some of our deepest legal and normative assumptions about the nature of war.' --Kevin Jon Heller, SOAS, University of London, UK and University of Amsterdam, the Netherlands'Professor Ohlin has brought together a diverse group of talented scholars and practitioners to assess drones, cyber operations, and autonomous systems from a completely novel perspective - remoteness. In doing so, he and his team shed new and important light on topics that lie at the heart of future conflict. Additionally, by focusing on remoteness, this Handbook breaks loose from the intellectual stove-piping that characterizes our often-predictable assessments of emergent methods and means of warfare. It yields valuable insights into a characteristic of weaponry and tactics that will increasingly define warfare in the decades to come. It is a must-read for anyone concerned with international law in the battlespace.' --Michael Schmitt, University of Exeter, UK'A highly original volume entering a very crowded field, its conceptual focus and the expertise of its contributors will make it a valuable addition to any legal discussion of remote and autonomous warfare. Despite the exceptional daily pace of technological advances, the Handbook's chapters will have a long shelf-life and will inevitably influence some of the most intense controversies of the modern law of armed conflict.' --Marko Milanovic, University of Nottingham, UKTable of ContentsContents: Introduction Part I The Concept of Remoteness in Warfare 1. Remoteness and Reciprocal Risk Jens David Ohlin 2. The Principle of Distinction and Remote Warfare Emily Crawford 3. Modern Drone Warfare and the Geographical Scope of Application of IHL: Pushing the Limits of Territorial Boundaries Robert Heinsch 4. The Characterisation of Remote Warfare under International Humanitarian Law Anthony Cullen 5. Remoteness and Human Rights Law Gloria Gaggioli 6. Exploiting Legal Thresholds, Fault-Lines and Gaps in the Context of Remote Warfare Mark Klamberg Part II Remotely Piloted Vehicles and Cyber Weapons 7. Drone Strikes: A Remote Form of Self-Defence? Nigel D. White and Lydia Davies-Bright 8. Drone Warfare and the Erosion of Traditional Limits on War Powers Geoffrey Corn 9. Developing Norms for Cyber Conflict William C. Banks 10. Some Legal and Operational Considerations Regarding Remote Warfare: Drones and Cyber Warfare Revisited Terry D. Gill, Jelle van Haaster, and Mark Roorda Part III Remoteness Through Autonomous Weapons 11. Remote and Autonomous Warfare Systems: Precautions in Attack and Individual Accountability Ian S. Henderson, Patrick Keane and Josh Liddy 12. Autonomous Weapons Systems: A Paradigm Shift for the Law of Armed Conflict Robin Geiß and Henning Lahmann 13. Making Autonomous Targeting Accountable: Command Responsibility for Computer-Guided Lethal Force in Armed Conflicts Peter Margulies 14. The Strategic Implications of Lethal Autonomous Weapons Michael W. Meier Index

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Book SynopsisThe practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers.Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiß, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. WhiteTrade Review'In an oversaturated market, it is very difficult to say anything new or interesting about drones, autonomous weapons systems, and cyberwarfare. This new Research Handbook, however, proves the happy exception. Jens Ohlin's collection, which brings together some of the most innovative scholars in public international law, makes brilliant use of the concept of ''remoteness'' to interrogate how these means and methods of warfare are often merely new variations on old themes - but are also in some ways radically new, challenging some of our deepest legal and normative assumptions about the nature of war.' --Kevin Jon Heller, SOAS, University of London, UK and University of Amsterdam, the Netherlands'Professor Ohlin has brought together a diverse group of talented scholars and practitioners to assess drones, cyber operations, and autonomous systems from a completely novel perspective - remoteness. In doing so, he and his team shed new and important light on topics that lie at the heart of future conflict. Additionally, by focusing on remoteness, this Handbook breaks loose from the intellectual stove-piping that characterizes our often-predictable assessments of emergent methods and means of warfare. It yields valuable insights into a characteristic of weaponry and tactics that will increasingly define warfare in the decades to come. It is a must-read for anyone concerned with international law in the battlespace.' --Michael Schmitt, University of Exeter, UK'A highly original volume entering a very crowded field, its conceptual focus and the expertise of its contributors will make it a valuable addition to any legal discussion of remote and autonomous warfare. Despite the exceptional daily pace of technological advances, the Handbook's chapters will have a long shelf-life and will inevitably influence some of the most intense controversies of the modern law of armed conflict.' --Marko Milanovic, University of Nottingham, UKTable of ContentsContents: Introduction Part I The Concept of Remoteness in Warfare 1. Remoteness and Reciprocal Risk Jens David Ohlin 2. The Principle of Distinction and Remote Warfare Emily Crawford 3. Modern Drone Warfare and the Geographical Scope of Application of IHL: Pushing the Limits of Territorial Boundaries Robert Heinsch 4. The Characterisation of Remote Warfare under International Humanitarian Law Anthony Cullen 5. Remoteness and Human Rights Law Gloria Gaggioli 6. Exploiting Legal Thresholds, Fault-Lines and Gaps in the Context of Remote Warfare Mark Klamberg Part II Remotely Piloted Vehicles and Cyber Weapons 7. Drone Strikes: A Remote Form of Self-Defence? Nigel D. White and Lydia Davies-Bright 8. Drone Warfare and the Erosion of Traditional Limits on War Powers Geoffrey Corn 9. Developing Norms for Cyber Conflict William C. Banks 10. Some Legal and Operational Considerations Regarding Remote Warfare: Drones and Cyber Warfare Revisited Terry D. Gill, Jelle van Haaster, and Mark Roorda Part III Remoteness Through Autonomous Weapons 11. Remote and Autonomous Warfare Systems: Precautions in Attack and Individual Accountability Ian S. Henderson, Patrick Keane and Josh Liddy 12. Autonomous Weapons Systems: A Paradigm Shift for the Law of Armed Conflict Robin Geiß and Henning Lahmann 13. Making Autonomous Targeting Accountable: Command Responsibility for Computer-Guided Lethal Force in Armed Conflicts Peter Margulies 14. The Strategic Implications of Lethal Autonomous Weapons Michael W. Meier Index

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Book SynopsisLaw of the Environment and Armed Conflict discusses the most important and influential research articles relating to the protection of the environment in armed conflict. This research review plots the trajectory of research on this issue from early weapons impacts and the Vietnam War, to the first major challenge for wartime environmental protections in the Gulf Conflict, liability for harm and possible future directions.Trade Review‘This book is the perfect introduction and research tool for all of us that wish to understand the most pertinent issues relating to law of the environment and armed conflict. The compilation is skilfully composed by one of the absolute authorities in the field, Professor Karen Hulme. Through the selection of articles she takes the reader on a historic journey, unveiling the contemporary legal and political context, including the connection between international disarmament law and the law of armed conflict. The contributions discussing the example of the Iraq-Kuwait War – brings the reader into the modern discourse and it is skilfully complemented by contributions on the role of customary international law, gaps and possibilities in current law as well as responsibility for wartime environmental damage. In the last section of the book, Professor Hulme ties it all together by, once again, including contributions that are placed in a modern legal and political context - as well as a look into the future. This is indeed a book to welcome.’ -- Ambassador Marie Jacobsson, Former Member of the United Nations International Law Commission and Former Special Rapporteur for the topic Protection of the Environment in Relation to Armed ConflictTable of ContentsContents: Acknowledgements Introduction Karen Hulme PART I THE RATIONALES FOR PROTECTION OF THE ENVIRONMENT IN ARMED CONFLICT 1. Arthur H. Westing (1978), ‘Environmental Consequences of the Second Indochina War: A Case Study’, Ambio: War and Environment: A Special Issue, 4 (5/6), 216–22 2. Malvern Lumsden (1975), ‘“Conventional” War and Human Ecology’, Ambio: War and Environment: A Special Issue, 4 (5/6), 223–8 3. Geoffrey Best (1987), ‘The Historical Evolution of Cultural Norms Relating to War and the Environment,’ in Arthur H. Westing (ed.) Cultural Norms, War and the Environment, Chapter 2, Oxford, UK: Oxford University Press, 18–28 4. Merrit P. Drucker (1989), ‘The Military Commander’s Responsibility for the Environment’, Environmental Ethics, 11 (2), Summer, 135–52 5. Major Bernard K. Schafer (1989), ‘The Relationship Between the International Laws of Armed Conflict and Environmental Protection: The Need to Reevaluate what Types of Conduct are Permissible During Hostilities’, California Western International Law Journal, 19 (2), 287–325 [39] PART II EARLY DIRECTIONS 6. Emanuel Margolis (1955), ‘The Hydrogen Bomb Experiments and International Law’, Yale Law Journal, 64 (5), April, 629–47 7. Richard A. Falk (1973), ‘Environmental Warfare and Ecocide – Facts, Appraisal and Proposals’, Security Dialogue, 4 (1), March, 80–96 8. Jozef Goldblat (1977), ‘The Environmental Warfare Convention: How Meaningful is it?’, Ambio, 6 (4), 216–21 9. Hans Blix (1984), ‘Arms Control Treaties Aimed at Reducing the Military Impact on the Environment’, in Jerzy Makarczyk (ed.), Essays in International Law in Honour of Judge Manfred Lachs, The Hague, the Netherlands: Martinus Nijhoff Publishers, 703–16 PART III THE ADVENT OF ADDITIONAL PROTOCOL I 10. George H. Aldrich (1986), ‘Progressive Development of the Laws of War: A Reply to Criticisms of the 1977 Geneva Protocol I’, Virginia Journal of International Law, 26 (3), 693–720 11. Waldemar A. Solf (2013), ‘Article 35–Basic Rules’, in Michael Bothe, Karl Josef Partsch and Waldemar A. Solf (eds) with the collaboration of Martin Eaton, New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949, 2nd edition, Reprint revised by Michael Bothe, The Hague, the Netherlands: Martinus Nijhoff Publishers, 222–8 12. Waldemar A. Solf (2013), ‘Article 55–Protection of the Natural Environment’, in Michael Bothe, Karl Josef Partsch and Waldemar A. Solf (eds) with the collaboration of Martin Eaton, New Rules for Victims of Armed Conflicts: Commentary on the Two 1977 Protocols Additional to the Geneva Conventions of 1949, 2nd edition, Reprint revised by Michael Bothe, The Hague, the Netherlands: Martinus Nijhoff Publishers, 385–90 PART IV THE LAW’S FIRST TEST: ANALYZING THE GULF CONFLICT 13. Betsy Baker (1993), ‘Legal Protections for the Environment in Times of Armed Conflict’, Virginia Journal of International Law, 33, April, 351–83 14. Adam Roberts (1992), ‘Environmental Destruction in the 1991 Gulf War’, International Review of the Red Cross, 32 (291), December, 538–53 15. Michael Bothe (1991), ‘The Protection of the Environment in Times of Armed Conflict: Legal Rules, Uncertainty, Deficiencies and Public Developments’, German Yearbook of International Law, 34, 54–62 16. Paul Fauteux (1992), ‘The Gulf War, the ENMOD Convention and the Review Conference’, United Nations Institute for Disarmament Research Newsletter, 18, July, 6–12 17. Christopher York (1991), ‘International Law and the Collateral Effects of War on the Environment: The Persian Gulf’, South African Journal on Human Rights, 7, 269–90 18. Hans–Peter Gasser (1995), ‘For Better Protection of the Natural Environment in Armed Conflict: A Proposal for Action’, American Journal of International Law, 89 (3), July, 637–44 19. Wolff Heintschel von Heihegg and Michael Donner (1994), ‘New Developments in the Protection of the Natural Environment in Navel Armed Conflicts’, German Yearbook of International Law, 37, 281–314 20. Peter H. Sand (2005), ‘Compensation for Environmental Damage from the 1991 Gulf War’, Environmental Policy and Law, 35 (6), 244–9 PART V THE CUSTOMARY INTERNATIONAL HUMANITARIAN LAW STUDY 21. Jean-Marie Henckaerts and Louise Doswald-Beck (2005) ‘The Natural Environment’, in Customary International Humanitarian Law, Volume 1, Rules, Chapter 14, Cambridge, UK: Cambridge University Press, 143–58 22. Karen Hulme (2007), ‘Natural Environment’, in Elizabeth Wilmshurst and Susan Breau (eds), Perspectives on the ICRC Study on the Customary International Humanitarian Law, Chapter 8, Cambridge, UK: Cambridge University Press, 204–37 PART VI GAPS AND POSSIBILITIES IN THE CURRENT LAW 23. Wil D. Verwey (1995), ‘Protection of the Environment in Times of Armed Conflict: In Search of a New Legal Perspective’, Leiden Journal of International Law, 8 (1), 7–40 24. Peter J. Richards and Michael N. Schmitt (1999), ‘Mars Meets Mother Nature: Protecting the Environment During Armed Conflict’, Stetson Law Review, XXVIII, 1047–92 25. Karen Hulme (2010), ‘Taking Care to Protect the Environment Against Damage: A Meaningless Obligation?’, International Review of the Red Cross, 92 (879), September, 675–91 26. Michael Bothe, Carl Brunch, Jordan Diamond and David Jensen (2010), ‘International Law Protecting the Environment During Armed Conflict, Gaps and Opportunities’, International Review of the Red Cross, 92 (879), September, 569–92 27. Dieter Fleck (2013), ‘The Protection of the Environment in Armed Conflict: Legal Obligations in the Absence of Specific Rules’, Nordic Journal of International Law, Special Issue: War and the Environment, 82 (1), 7–20 PART VII WEAPONS AND THE ENVIRONMENT 28. Janet E. Lord (1995), ‘Legal Restraints in the Use of Landmines: Humanitarian and Environmental Crisis’, California Western International Law Journal, 25 (2), 311–55 29. Avril McDonald (2008), ‘Depleted Uranium Weapons: The Next Target for Disarmament’, Disarmament Forum, (3), 17–24 30. Hitoshi Nasu (2012), ‘Nanotechnology and Challenges to International Humanitarian Law: A Preliminary Legal Assessment’, International Review of the Red Cross, 94 (886), Summer, 653–72 PART VIII RESPONSIBILITY FOR WARTIME ENVIRONMENTAL DAMAGE 31. Christopher Greenwood (1996), ‘State Responsibility and Civil Liability for Environmental Damage Caused by Military Operations’, in Richard J. Grunawalt, John E. King and Ronald S. McClain (eds), Protection of the Environment During Armed Conflict, International Law Studies, 69, Chapter XXIII, Newport, RI: Navel War College, 397–415 32. Tara Weinstein (2005), ‘Prosecuting Attacks that Destroy the Environment: Environmental Crimes or Humanitarian Atrocities’, Georgetown International Environmental Law Review, 17 (4), Summer, 697–722 33. Carl E. Bruch (2001), ‘All’s Not Fair in (Civil) Law: Criminal Liability for Environmental Damage in Internal Armed Conflict’, Vermont Law Review, 25, 695–752 PART IX THE BROADER DEBATES AND RECENT DIRECTIONS IN THE RESEARCH 34. Brendan Kearns (2012), ‘When Bonobos Meet Guerillas: Preserving Biodiversity on the Battlefield’, Georgetown International Environmental Law Review, 24 (2), Winter, 123-68 35. Britta Sjöstedt (2013), ‘The Role of Multilateral Environmental Agreements in Armed Conflict: “Green-Keeping” in Virunga Park. Applying the UNESCO World Heritage Convention in the Armed Conflict of the Democratic Republic of the Congo’, Nordic Journal of International Law, 82 (1), 129–53 36. Mara Tignino (2010), ‘Water, International Peace, and Security’, International Review of the Red Cross, 92 (879), September, 647-74 37. Silja Vöneky (2000), ‘A New Shield for the Environment: Peacetime Treaties as Legal Restraints of Wartime Damage’, Review of European Community and International Environmental Law, 9 (1), April, 20–32 38. Daniëla Dam-de-Jong (2013), ‘From Engines for Conflict into Engines for Sustainable Development: The Potential of International Law to Address Predatory Exploitation of Natural Resources in Situations of Internal Armed Conflict’, Nordic Journal of International Law, 82 (1), 155–77 39. Carl Bruch, David Jensen, Mikiyasu Nakayama, Jon Unruh, Rebecca Gruby and Ross Wolfarth (2009), ‘Post-Conflict Peace Building and Natural Resources’, Yearbook of International Environmental Law, 19 (1), 58-96 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.By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military’s place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers.Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.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 SynopsisContracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime. Focussing on the Articles on State Responsibility (ASR) the author considers under which conditions states are, or should be, responsible for the acts of private contractors given new trends towards remote warfare involving drones and increasingly autonomous weapon systems. Rigorous academic research and case studies, combined with insights from numerous interviews with practitioners, serve to highlight the challenges to applying the ASR. These challenges range from the relativity of key concepts of attribution to the issue of when reliance on private contractors becomes a violation of the principle of distinction under International Humanitarian Law and also illustrate where the current state responsibility regime needs to be modified to adequately address evolutions in warfare. This astute and incisive book will prove a key resource for legal scholars and theorists with an interest in public international law, IHL and IHRL. Government officials, practitioners and think tanks engaged in compliance matters and new trends in warfare will also benefit from this work's pragmatic approach.Trade Review'An important analysis on the rise of private military forces and the frontier of international law. Until states take their duty seriously the market for force will continue to grow, allowing the super-rich to become superpowers.' --Sean McFate, The Atlantic Council, National Defense University and Georgetown University, USTable of ContentsContents: 1. Introduction to Private Security Providers and State Responsibility 2. New Trends in Warfare and their Regulation 3. The Articles on State Responsibility 4. Breach of an International Legal Obligation 5. Rules of Attribution 6. State Responsibility for Lack of Due Diligence 7. State Responsibility for the Act of Outsourcing 8. Case Studies 9. Final Remarks and Conclusions Index

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Book SynopsisThis incisive book provides an extensive analysis of the robust array of international law applicable across the spectrum of international conflict and security. With a particular focus on new and emerging technologies and domains such as cyber and outer space, Laurie Blank illustrates how international conflict and security law applies to 21st century challenges.From conflict prevention to the use of force, the law of armed conflict to transitional justice, this book offers an in-depth examination of how these legal frameworks address the most fundamental questions for security at the human, national and international levels: how to prevent and reduce escalation of conflict; how to protect States, their territory and their core national interests; how to protect individuals and their rights; how to maintain and restore international peace; how to resolve conflicts; and how to promote justice and reconciliation after conflict. Overall, the book creates a multifaceted and insightful picture of how the international legal system functions as a comprehensive - if still sometimes fractured - framework. International Conflict and Security Law will be essential reading for both graduate and undergraduate students studying security policy, international law, conflict resolution and armed conflict. It will also provide a well-rounded exploration of the field as a whole for policy makers, practitioners and academics.Trade Review‘International Conflict and Security Law is an eminently readable text. This is enhanced by its inclusion of a feature whereby key contemporary controversies or debates are highlighted by their incorporation within boxes, drawing out the real-life relevance of many of the issues explored within the book. The book is admittedly brief in its treatment of the issues which it addresses. This is of necessity given the vast body of law it attempts to touch upon. As a result it serves as a very useful introduction to the relevant legal frameworks and debates for those, principally students, new to the subject before moving on to more comprehensive focused works which tackle more specifically the applicable legal regimes individually.’ -- Gary Wilson, Liverpool Law Review‘Professor Blank has masterfully and concisely condensed the complex subject of international conflict and security law into a delightful and informative book that reads clearly enough to be accessible to the general public but is also sufficiently detailed and academic to serve as a textbook for the most avid student. Absolutely superb!’ -- Eric Talbot Jensen, Brigham Young University, USTable of ContentsContents: Introduction: conflict, security and international law PART I CONFLICT PREVENTION AND COLLECTIVE SECURITY 1. Collective security and the United Nations 2. Disarmament, non-proliferation, and arms control 3. Counterterrorism, emergencies, and human rights PART II JUS AD BELLUM AND THE RESORT TO FORCE 4. Jus ad bellum: history and framework 5. Self-defense: law and practice 6. Humanitarian intervention? PART III MILITARY OPERATIONS AND THE LAW OF ARMED CONFLICT 7. Law of armed conflict: purposes and principles 8. Classification of conflict 9. Status and protection of persons 10. Conduct of hostilities and detention PART IV POST-CONFLICT: ACCOUNTABILITY AND TRANSITIONAL JUSTICE 11 International criminal accountability 12 Transitional justice Index I

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace.Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.Trade Review‘A highly accessible and insightful overview of international conflict and security law, written by one of the leading scholars in the field. Rather than focusing on black-letter law, White places the legal framework within its historical and political context, adding helpful and up-to-date illustrations along the way. Its distinct focus on human security as well as its comprehensiveness – also covering arms control and “post-conflict” law – make for an original publication that will be of great use to newcomers and habitués alike.’ -- Tom Ruys, International Law Institute, Ghent University, Belgium‘Nigel White has provided a very worthwhile contribution to the literature on the law relating to armed conflict and arms control with his Advanced Introduction to International Conflict and Security Law . His book succeeds in combining in depth coverage of a broad range of topics with accessibility. It will be valuable in teaching (post) graduate level courses in the areas of law covered, including the law governing the use of force, the law of armed conflict and arms control regimes, as well as serving as a useful tool for researchers in those areas of the law. It also makes a number of interesting observations on how the law relates to policy and other considerations which will help the reader put the legal dimension of armed conflict into a broader perspective.’ -- T.D. Gill, Emeritus Professor of Military Law, University of Amsterdam, the Netherlands‘Professor Nigel White is an established author in this field. The new edition of this book provides an authoritative, comprehensive yet succinct and up-to-date analysis of the law and practice in this area. I am happy to recommend this insightful and accessible book to those interested in conflict and security law.’ -- Surya P. Subedi, University of Leeds, UKTable of ContentsContents: Preface 1. Basic conditions of peace and security 2. Arms control law 3. The use of force in international law 4. The regulation of private violence 5. Collective security law 6. The law of armed conflict 7. Post-conflict law 8. Peace and justice Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace.Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.Trade Review‘A highly accessible and insightful overview of international conflict and security law, written by one of the leading scholars in the field. Rather than focusing on black-letter law, White places the legal framework within its historical and political context, adding helpful and up-to-date illustrations along the way. Its distinct focus on human security as well as its comprehensiveness – also covering arms control and “post-conflict” law – make for an original publication that will be of great use to newcomers and habitués alike.’ -- Tom Ruys, International Law Institute, Ghent University, Belgium‘Nigel White has provided a very worthwhile contribution to the literature on the law relating to armed conflict and arms control with his Advanced Introduction to International Conflict and Security Law . His book succeeds in combining in depth coverage of a broad range of topics with accessibility. It will be valuable in teaching (post) graduate level courses in the areas of law covered, including the law governing the use of force, the law of armed conflict and arms control regimes, as well as serving as a useful tool for researchers in those areas of the law. It also makes a number of interesting observations on how the law relates to policy and other considerations which will help the reader put the legal dimension of armed conflict into a broader perspective.’ -- T.D. Gill, Emeritus Professor of Military Law, University of Amsterdam, the Netherlands‘Professor Nigel White is an established author in this field. The new edition of this book provides an authoritative, comprehensive yet succinct and up-to-date analysis of the law and practice in this area. I am happy to recommend this insightful and accessible book to those interested in conflict and security law.’ -- Surya P. Subedi, University of Leeds, UKTable of ContentsContents: Preface 1. Basic conditions of peace and security 2. Arms control law 3. The use of force in international law 4. The regulation of private violence 5. Collective security law 6. The law of armed conflict 7. Post-conflict law 8. Peace and justice Index

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Book SynopsisProviding a much-needed study of the weapons paradox in the case of autonomous weapons, this book is a detailed and comprehensive account of the current debate over the use of autonomous weapons – should some form of regulation be applied or a total ban be enforced? How can compliance with existing rules be ensured? Can responsibility be properly allocated? To what extent do concepts such as ‘human dignity’ and ‘humanity’ provide legal guidance in coping with technology? This book tackles these momentous challenges and strives to provide sound answers by elaborating on international law and proposing normative solutions for current and future human–machine interactions in this critical field. Diego Mauri expertly explains the complex new technological research involved in autonomous weaponry, with particular focus on technological developments that have elicited intense debates among diplomats, military experts, scientists, philosophers, and international lawyers. Providing innovative and original discussion of the effective protection of the human person in international law, this book will be welcomed by legal scholars, human rights lawyers, and researchers concerned with the relationship between international law and technology.Trade Review‘Diego Mauri’s book adds a new perspective to the literature on Autonomous Weapons Systems (AWS): the protection of human beings against the use of force. The merit of the book is to present human dignity and its corollaries as a “compass” that must guide all the actors involved in framing a set of rules for the governance of AWS.’ -- Edoardo Greppi, University of Torino, ItalyTable of ContentsContents: Foreword 1. Introduction: Autonomous Weapons Systems and the Protection of the Human Person 2. Sketching the debate 3. Autonomous weapons systems under international human rights law 4. Autonomous weapons systems under international humanitarian law 5. Autonomous weapons systems and the ‘accountability gap’ conundrum 6. Building the bridge to the future Bibliography Index

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Book SynopsisThis illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic. In the eyes of many, the primary purpose of IHL is to impose restrictions on the actions of parties in armed conflicts, in order to protect victims. But IHL is also increasingly cited as an authority in permitting conduct that would be deemed unlawful in peacetime, for instance some cases of internment or targeting of persons. Considering both international and non-international armed conflicts, Quintin carefully and astutely peels away the layers of this debate, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act. Utilising a scientific methodology to offer concrete and realistic outcomes, whilst couching differing interpretations of IHL in wider debates surrounding the nature of international law, this book will be of interest to all academics, practitioners and policy-makers in the field of international humanitarian law. Its analysis of how people are effectively protected during an armed conflict will also be beneficial for the wider humanitarian community. Trade Review'At a critical moment for IHL, Dr. Quintin's monograph presents an all-too-rare find: it asks big and important questions and tackles them through sharp doctrinal and practical analysis. She frames key questions concerning the fundamental nature of the law governing war and masterfully draws out linkages between IHL, jus ad bellum, and international human rights law. In doing so, Dr. Quintin reveals that how these questions are ultimately answered will shape the future and fate of this body of law.' --Naz Modirzadeh, Harvard Law School Program on International Law and Armed Conflict, US'IHL governs organized human behavior in its basest form - war. This being so, understanding the nature of this unique body of law would seem fundamental, yet discussion has long been beset by a binary debate over whether it is restrictive or permissive in character. In this sophisticated and incisive book, Anne Quintin takes on this persistent controversy, providing readers a ''palette of nuance'' that makes possible a coherent and internally consistent framework for analysis by both scholars and practitioners. The Nature of International Humanitarian Law is a ''must read'' for experts in the field.' --Michael Schmitt, University of Reading School of Law, UKTable of ContentsContents: Foreword Introduction PART I: Nature of International Humanitarian Law: restrictive or permissive? 1. Authority under IHL: what are we looking for? 2. Jus ad bellum and jus in bello 3. The principle of military necessity: restrictive or permissive? 4. Permissive Hague Law versus restrictive Geneva Law? 5. Overall Function of IHL PART II: The authority to intern during armed conflict 6. The authority to intern prisoners of war in international armed conflict 7. The authority to intern protected civilians in international armed conflict 8. The authority to intern in non-international armed conflict 9. The authority to intern in armed conflict and the right to liberty under IHRL PART III: The authority to target persons during armed conflict 10. The authority to target persons under IHL 11. The principle of proportionality under IHL: authority to launch attacks expected to cause non-excessive civilian losses? 12. The authority to target in armed conflict and the right to life under IHRL Conclusions Index

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Book SynopsisAll modern legal systems with advanced economies must address the question of how to respond to the needs of insolvent consumers whose burden of debt greatly exceeds their capacity to repay within a reasonable time frame. This study surveys comparatively the insolvency regimes currently in place or likely to be adopted in the foreseeable future in Canada,the United States, Australia, England and Wales, Scotland, Scandinavia and a representative group of Western countries on the continent of Europe. Modern legal systems have two basic alternatives in providing relief for over-committed consumers. The first, which involves restricting the enforcement of individual creditor remedies is a method with which this study is not concerned. Where the consumer is seriously insolvent and owes money to many creditors, a different approach is required -- a collective solution to debtor's problems - and this, the solution provided by modern insolvency systems, is the focus of this study.Trade Review...should have a lasting influence on the continuing debate about consumer credit and consumer bankruptcy going on across Europe. Adrian Walters Journal of Consumer Policy, Vol.28, Issue 2 2005 We are much indebted to Hart Publishing. So far as I am aware, no books dealing with consumer insolvency have previously been published in this country, and we now have two [Comparative Consumer Insolvency Regimes and Consumer Bankruptcy in Global Perspective] launched in the same month. And they are in many respects complementary, even to the point of having cross-references to each other, as well as being especially timely, in view of the reforms to the law of bankruptcy in England and Wales effected by the Enterprise Act 2002 The two books are a rich source of comparative study extending over a wide range of jurisdictions. These well-researched and informative books make most interesting reading and are to be commended to general as well as specialist readers. Len Sealy Cambridge Law Journal August 2004Table of ContentsPart A Introduction 1 Purpose of Study Part B Country Surveys 11 2 Canada 3 United States 4 Australia 5 England and Wales 6 Scotland 7 Scandinavia and Continental Countries of Western Europe Part C Assessing the Various Insolvency Regimes and Suggestions for Changes 8 Assessment and Suggestions for Changes

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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 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 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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