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The Law in War: A Concise Overview
by Jamie Williamson Geoffrey Corn Ken WatkinThis book provides a comprehensive yet concise overview of key issues related to the regulation of armed hostilities between States, and between States and non-State groups. Coverage begins with an explanation of the conditions that result in the applicability of international humanitarian law, and then subsequently addresses how the law influences a broad range of operational, humanitarian, and accountability issues that arise during military operations. Each chapter provides a clear and comprehensive explanation of humanitarian law, focusing especially on how it impacts operations. The chapters also highlight both contemporary controversies in the field and potentially emerging norms of the law. The book is an ideal text for students studying international humanitarian law for the first time, as well as an excellent introduction for students and practitioners of public international law and international relations.
The Law in War: A Concise Overview
by Jamie Williamson Geoffrey S. Corn Ken WatkinThe Law in War offers an insightful roadmap to understanding a broad range of operational, humanitarian, and accountability issues that arise during armed conflict. Each chapter provides a clear and comprehensive explanation of the impact that international law has on military operations. The second edition has been fully revised to reflect recent advances in international humanitarian law and expands the analysis to include as a brand-new chapter on international human rights law, which addresses issues such as the conduct of law enforcement during hostilities. With a particular focus on updates concerning the status of combatants and unprivileged belligerents, the protection of civilians, targeting, the treatment of POWs and detainees, weapons law, air and missile warfare, naval warfare and neutrality, command responsibility, and accountability. New material has also been added to address the increasing involvement of private security contractors in warfare.The Law in War is an ideal text for students in a variety of domains, to include international humanitarian law, international human rights law, international relations, and military science. It is also a valuable resource for those involved in the planning, execution, and critique of military operations across the spectrum of conflict.
The Law is (Not) for Kids: A Legal Rights Guide for Canadian Children and Teens
by Ned Lecic Marvin A. ZukerIn this practical guide to the law for young people of Canada, Ned Lecic and Marvin Zuker provide an all-encompassing manual meant to empower and educate children and youth and those that serve them. The authors address questions about how rights and laws affect the lives of young people at home, at school, at work, and in their relationships as they draw attention to the many ways in which a person’s life can intersect with the law. Deliberately refraining from taking a moral approach, the authors instead advocate for the rights of children and provide examples of how young people can get their legal rights enforced. In addition to being critical information for youth about citizenship, The Law is (Not) for Kids is a valuable resource for teachers, counsellors, lawyers, and all those who support youth in their encounters with the law.
The Law of Affirmative Action: Twenty Five Years of Supreme Court Decisions on Race and Remedies
by Girardeau A. SpannThe debate over race in this country has of late converged on the contentious issue of affirmative action. Although the Supreme Court once supported the concept of racial affirmative action, in recent years a majority of the Court has consistently opposed various affirmative action programs. The Law of Affirmative Action provides a comprehensive chronicle of the evolution of the Supreme Court's involvement with the racial affirmative action issue over the last quarter century. Starting with the 1974 DeFunis v. Odegaard decision and the 1978 Bakke decision, which marked the beginnings of the Court's entanglement with affirmative action, Girardeau Spann examines every major Supreme Court affirmative action decision, showing how the controversy the Court initially left unresolved in DeFunis has persisted through the Court's 1998-99 term. Including nearly thirty principal cases, covering equal protection, voting rights, Title VII, and education, The Law of Affirmative Action is the only work to treat the Court decisions on racial affirmative action so closely, tracing the votes of each justice who has participated in the decisions. Indispensable for students and scholars, this timely volume elucidates reasons for the 180 degree turn in opinion on an issue so central to the debate on race in America today.
The Law of Armed Conflict: Constraints on the Contemporary Use of Military Force (Global Interdisciplinary Studies Series)
by Howard M. HenselModern armed conflict has taken a variety of forms and occurs at a variety of levels, raising serious questions concerning the relationship between the law of armed conflict and the reality of contemporary warfare. Many contemporary armed conflicts are fought in pursuit of unlimited objectives, whereas other modern wars seek to advance limited goals. While in some cases modern wars are fought by traditional armies composed of clearly identifiable soldiers, often modern armed conflicts are waged by guerrilla or partisan fighters whose identities are easily confused with non-combatants. Terrorism is increasingly a characteristic manifestation of this contemporary warfare. In the broadest sense, contemporary warfare has raised often controversial and vexing questions concerning the applicability of the law of armed conflict and, when applicable, the interpretation of its principles and tenets. This engaging volume addresses some of the contemporary normative and legal challenges and problems associated with the application of the concepts of just war, the just conduct of war, and the law of armed conflict to 21st century warfare.
The Law of Armed Conflict: International Humanitarian Law in War
by Gary D. SolisThe Law of Armed Conflict: International Humanitarian Law in War introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U. S. -weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.
The Law of Armed Conflict: International Humanitarian Law in War
by Gary D. SolisNewly revised and updated, The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.
The Law of Bankruptcy
by Charles Jordan TabbThis comprehensive text provides an exhaustive analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure (including an extensive discussion of Stern v. Marshall); property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions (with comprehensive analysis of Schwab v. Reilly); discharge; reorganization under Chapter 11 (including in-depth discussions of the General Motors and Chrysler cases, as well as RadLAX); debt adjustments under Chapter 13 (including the Lanning and Ransom cases); and debt adjustments under Chapter 12. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued.
The Law of Business Organizations: A Concise Overview of German Corporate Law
by Martin Schulz Oliver WasmeierThis book gives a concise introduction to the German law of business organizations and is meant to help business practitioners and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The book discusses some typical problems faced by companies engaged in cross-border activities and also provides a brief outline of some recent developments in European company law with a special focus on the new multinational corporate form of the European Company (SE).
The Law of Carriage of Goods by Sea
by Arun KasiThis book, written in three parts, covers the basics of the international trade, financing and the legal framework related to the law of carriage of goods by sea, elaborates on bills of lading in depth and sea waybills and ship’s delivery orders in brief and charterparties in depth. While the book is based on the English law, cases and materials from other jurisdictions, particularly Singapore, Malaysia, India, the USA, and Australia are brought in to provide an international perspective. The practical analyses, commentary and critiques of cases would be a useful guide for practitioners in developing case arguments. Although written with practitioners, academicians and students in mind, the book will also serve as a useful guide for sea carriers, freight forwarders, international traders, financiers, etc. as the complex subject is presented in reader-friendly and easy to grasp manner.
The Law of Coastal Adaptation: Insights from Germany and New Zealand
by Linda SchumacherThis work investigates law as an instrument to deal with the challenges of sea level rise. As the two countries chosen as examples differ significantly in their adaptation strategies and the corresponding legal regulations, the author presents general ideas on how any legal framework facing similar challenges could be improved. In particular, (flood) risk assessments, coastal defences and flood-resistant design as well as spatial and land use planning are discussed, including managed retreat. Moreover, conflicts as well as potential synergies of coastal adaptation and nature conservation are examined.Due to the thorough analysis this book is not just an essential read for policymakers and researchers interested in the coastal area but climate change adaptation in general as many general findings are transferrable to other impacts.
The Law of Complex Earth and Outer Space Systems: The Cosmolegal Proposal (Space, Materiality and the Normative)
by Elena CirkovicThis book offers a paradigm-shifting exploration of lawmaking for the complex interactions between Earth systems and outer space. Drawing on complex systems science, posthuman approaches, and plural ontologies, the author proposes a reimagining of law and governance for the cosmic age. Through the “cosmolegal” perspective, this study embraces the inherent uncertainties and complexities of Earth-space interactions. From Arctic methane craters to orbital debris, the book weaves together scientific insights, landscape architecture, legal theory, and doctrine to address pressing environmental challenges that span Earth and beyond.While legal scholarship has increasingly engaged with Earth System Science, it typically treats outer space as distinct from Earth’s environment. However, Earth’s existence and complex systems are fundamentally intertwined with and emerge from outer space. This book argues that a legal framework for Earth’s systems needs to include outer space.At its core, the book advocates for a “complexification” of law, calling for greater epistemic humility in legal thought and practice. Thoughtful and provocative, this work invites readers to reconsider fundamental assumptions about law, nature, and agency beyond the human in an era of planetary change. The cosmolegal approach aims to shift legal imagination and understanding, positioning human law as just one of many actors within the cosmos.This original work will appeal to scholars of legal theory and environmental law, as well as those interested in posthumanism, ecology, and materialism.
The Law of Compulsory Motor Vehicle Insurance (Lloyd's Insurance Law Library)
by Özlem GürsesThe Law of Compulsory Motor Vehicle Insurance covers motor vehicle compulsory liability insurance in a broad context by putting emphasis on the fundamental principles unique to this type of insurance, their operation together with the general principles of law, and the interventions of the relevant EU Directives and CJEU decisions. The law regarding motor vehicle liability insurance is ever-evolving, fast-developing and offering more intellectual challenges as the disputes vary every day. This book examines the principles applicable in this area of law by studying the grounds where the rules derive from and their continuing developments over decades at both domestic and EU levels. Whilst doing so it also discusses whether the sources of the current applicable law, in several different motor vehicle compulsory insurance related issues, are in line with each other. The book also presents careful analyses of the interplay between the different sources of law, detailed discussions on what the law should be in order to provide consistency amongst the rules and principles identified, and how solutions to newly emerging issues can be found. The regime applicable in this area is overcomplex. This book will be valuable reading for any lawyer, whether academic, practitioner or student who would like to understand the insurance cover required for compulsory motor vehicle third party liability insurance together with the rationale for adopting such rules and their interpretation by the Courts.
The Law of Construction Disputes (Construction Practice Series)
by Cyril ChernNow in a fully updated second edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. This edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.
The Law of Construction Disputes (Construction Practice Series)
by Cyril ChernNow in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.
The Law of Construction Disputes (Construction Practice Series)
by Cyril ChernUpdated throughout for this fourth edition, The Law of Construction Disputes maintains its position as a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution.The book covers the construction dispute process by analysing the main areas from which disputes arise, up-to-date case law, and how to effectively deal with construction project disputes once they have arisen. It provides the legal practitioner with all the case law needed in one concise volume, and examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating to reach successful conclusions without litigation.Featuring expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners in this field of law and to construction professionals.
The Law of Consular Access: A Documentary Guide (Routledge Research in International Law)
by John Quigley William J. Aceves Adele ShankOver the past decade, there has been an explosion of litigation at the international and domestic levels concerning consular access for foreign nationals charged with a criminal offence. The issue has complicated relations between countries, with the majority of litigation involving the United States, which has adopted a restrictive view of the consular access obligation. This book brings together for the first time relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents, allowing readers to draw their own conclusions. While presenting information on the Vienna Convention on Consular Relations, the book presents other sources, including bilateral consular agreements, multilateral treaties, and key court cases from various jurisdictions. Many of these sources are not readily accessible. The Law of Consular Access will be of interest to scholars of international law, human rights, and international relations. It will also be of interest to private and government lawyers, as well as diplomats and consuls.
The Law of Consumer Redress in an Evolving Digital Market: Upgrading from Alternative to Online Dispute Resolution
by Pablo CortésThis book advances the emerging of a new sub-field of study, the law of consumer redress, which encompasses the various dispute resolution processes for consumers, their regulations, and best practices. The book argues that the institutionalisation of alternative dispute resolution (ADR) bodies are expanding their functions beyond dispute resolution, as they are increasingly providing a public service for consumers that complements, and often replaces, the role of the courts. Although the book focuses on ADR, it also analyses other redress methods, including public enforcement, court adjudication and business internal complaints systems. It proposes a more efficient rationalisation of certified redress bodies, which should be better co-ordinated and accessible through technological means. Accordingly, the book calls for greater integration amongst redress methods and offers recommendations to improve their process design to ensure that, inter alia, traders are encouraged to participate in redress schemes, settle early meritorious claims and comply with outcomes. Incorporates recent legal developments in the field of consumer redress keeping abreast with fundamental legal changes. Examines different consumer redress models, and European as well as various national dispute resolution schemes. Discusses how technology is being imbedded into the dispute resolution process looking at the intersection of technology and dispute resolution.
The Law of Contract 1670-1870
by Warren SwainThe foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.
The Law of Contracts and the Uniform Commercial Code
by Pamela R. TepperIntroduce all of the important features of common law contracts as well as Article 2 of the Uniform Commercial Code with Tepper's THE LAW OF CONTRACTS AND THE UNIFORM COMMERCIAL CODE, 4E. This understandable approach reduces contract law to its basic components with examples that build upon one another. Real cases demonstrate how to apply concepts, while a fact pattern in each chapter highlights how contracts and related concepts impact daily lives, often with unusual results. Chapter summaries and reviews, exercises and a running glossary work with learning objectives to help students fully grasp this complex area of law. Students remain engaged with this edition's unique emphasis on real contract situations familiar to readers from the internet or social media. Intriguing examples, exercises and cases reinforce this practical application of contract concepts not found in most legal texts. MindTap digital resources further strengthen students' understanding and application of principles.
The Law of Corporations and Other Business Organizations
by Angela SchneemanThis book deciphers the complex substantive and procedural laws surrounding U.S. business entities today. Focusing on corporations, sole proprietorships, partnerships, limited liability partnerships, and limited liability entities, the text explains the law and the theory behind the law while providing practical information that you can take to the office. Financial structures, securities regulations, mergers, and bankruptcy round out the legal discussions, along with special attention paid to the current Uniform Acts and Model Business Corporation Act used by most state legislatures to create state-specific laws. Special features include sample paragraphs, and practical advice that you can use on the job as a corporate paralegal.
The Law of Cryonics: A Legal Philosophical and Financial Analysis
by Pierre de Gioia Carabellese Camilla Della GiustinaThis book, through the lens of interdisciplinary legal analysis, draws a subtle balance between bioethics and financial regulation, with the latter playing an unexpectedly crucial role in the way life may potentially be governed. The legal topic of human preservation or cryoconservation was initially developed in the United States in the case of Donaldson v. van de Kamp. More recently, the subject arose in Europe as a result of a decision of the High Court, Family Division, London. This new theme of cryoconservation has unfolded through multifaceted forms, including its impact on regulation. In an area that may, at least prima facie, be regarded as belonging to the traditional realm of medical law, the findings presented here suggest that its potential has strong economic implications. The work argues that it is necessary also to look at this subject from a more interdisciplinary perspective, drawing a fil rouge between two otherwise seemingly opposing areas of law: medical law and financial regulation. The legal framework draws on the Anglo-American, and the United Kingdom in particular, along with civil law analysis from Italy. The work will be of interest to researchers and academics in the areas of medical law, legal philosophy, financial law, property law and insurance law.
The Law of Cybercrimes and Their Investigations
by George CurtisCybercrime has become increasingly prevalent in the new millennium as computer-savvy criminals have developed more sophisticated ways to victimize people online and through other digital means. The Law of Cybercrimes and Their Investigations is a comprehensive text exploring the gamut of issues surrounding this growing phenomenon.After an introduct
The Law of Deliberative Democracy
by Ron Levy Graeme OrrLaws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
The Law of Derivatives
by Simon JamesThis volume focuses on the legal risks arising in English law in the course of derivatives transactions. It discusses the following issues: the legal risks arising in the negotiation and conduct of derivatives transactions; the regulation of the derivatives market; the capacity to enter into derivatives transactions and the standard term upon which this is done; the consequences of default by a counterparty; and the standard terms on which derivatives are entered into, particularly the ISDA Master Agreement.