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Books on the topic 'Low Background systems'

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Published: 9 March 2023

Last updated: 10 March 2023

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1

North Dakota. Legislative Assembly. Legislative Council. and North Dakota. Legislative Assembly. Legislative Council. Budget Committee on Institutional Services., eds. State emergency medical services system: Background memorandum. [Bismarck, N.D.]: The Committee, 1987.

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2

Kruger, Lennard G. Broadband internet access: Background and issues. [Washington, D.C.]: Congressional Research Service, Library of Congress, 2000.

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3

Gilroy, Angele A. Broadband internet access: Background and issues. [Washington, D.C.]: Congressional Research Service, Library of Congress, 2003.

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4

Buckley, Melina. Perspectives on the civil justice system: A background paper prepared for the CBA Systems of Civil Justice Task Force. Ottawa: Canadian Bar Association, 1998.

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5

Stanford, Jay G. Implementing 9-1-1 systems in Texas: Legal and institutional background. Austin, Tex. (P.O. Box 13206, Austin 78711): The Commission, 1987.

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6

Porter, Donna Viola. A national nutrition monitoring system: Background and bill review. [Washington, D.C.]: Congressional Research Service, Library of Congress, 1988.

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7

Federal/Provincial/Territorial Working Group of Attorneys General Officials on Gender Equality in the Canadian Justice System. Gender equality in the Canadian justice system: Background papers. [Ontario: Dept. of Justice, 1992.

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8

Porter, Donna Viola. A national nutrition monitoring system: Brief background and bill review. [Washington, D.C.]: Congressional Research Service, Library of Congress, 1987.

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9

Porter, Donna Viola. A national nutrition monitoring system: Brief background and bill comparison. Washington, D.C: Congressional Research Service, Library of Congress, 1986.

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10

Office, General Accounting. Gun control: Options for improving the National Instant Criminal Background Check System : report to congressional requesters. Washington, D.C. (P.O. Box 37050, Washington 20013): The Office, 2000.

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11

Office, General Accounting. Preliminary information on proposal for next-day destruction of records generated by the National Instant Criminal Background Check System (NICS). Washington, D.C: U.S. General Accounting Office, 2002.

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12

Library of Congress. Congressional Research Service. and United States. Congress. House. Committee on Science, Space, and Technology. Subcommittee on Technology, Environment, and Aviation., eds. Metric conversion activities in federal government agencies pursuant to P.L. 100-418, section 5164, metric usage: Background information and 1993 status : report. Washington: U.S. G.P.O., 1994.

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13

Library of Congress. Congressional Research Service. and United States. Congress. House. Committee on Science, Space, and Technology. Subcommittee on Technology, Environment, and Aviation., eds. Metric conversion activities in federal government agencies pursuant to P.L. 100-418, section 5164, metric usage: Background information and 1993 status : report. Washington: U.S. G.P.O., 1993.

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14

Office, General Accounting. Gun control: Implementation of the National Instant Criminal Background Check System : report to the Honorable Craig Thomas, U.S. Senate. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): The Office, 2000.

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15

United States. Congress. Senate. Committee on Finance. and United States. Congress. Joint Committee on Taxation., eds. Background relating to extension of highway-related excise taxes and reauthorization of highway trust fund expenditures: Scheduled for a hearing before the Committee on Finance on September 18, 1986. [Washington, D.C: The Joint Committee], 1986.

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16

Chashin, Aleksandr. Sources and forms of modern Russian law. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1856363.

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The monograph reveals the concept, role and functions of the form of law in the modern Russian legal system. The author turns to the ontological foundations of knowledge of the sources of law. Attention is focused on the legal doctrine and its application as a form of law in modern legal proceedings both in Russia and in a number of neighboring countries. At the same time, judicial acts of a number of foreign states are being introduced into scientific circulation. The theoretical substantiation of the possibility of distinguishing the hypostases of the legal doctrine, considered as a condition for the formation of an open civil society, is given. The primacy of legal doctrine over judicial precedent and legal custom is proved against the background of its subsidiary effect in relation to a normative legal act. A significant part is devoted to the problems of modern codification activities and the prospects for creating a Code of laws of the Russian Federation. For a wide range of readers interested in legal issues. It can be useful for students, postgraduates and teachers of law schools.

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17

Office, General Accounting. Gun control: Opportunities to close loopholes in the National Instant Criminal Background Check System : report to the ranking member, Committee on the Judiciary, House of Representatives. Washington, D.C. (P.O. Box 37050, Washington 20013): GAO, 2002.

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18

Office, General Accounting. Year 2000 computing challenge: Readiness of FBI's National Instant Criminal Background Check System can be improved : report to the Honorable Craig Thomas, U.S. Senate. Washington, D.C. (P.O. Box 37050, Washington 20013): The Office, 1999.

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19

Cooper, Edith Fairman. Metric conversion activities in federal government agencies pursuant to P.L. 100-418, section 5164, metric usage: Backgroud information and 1993 status : report / prepared by the Congressional Research Service, Library of Congress, for the Subcommittee on Technology, Environment, and Aviation ; transmitted to the Committee on Science, Space, and Technology, House of Representatives, One Hundred Third Congress, first session. Washington: U.S. G.P.O., 1994.

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20

United States. Congress. Senate. Committee on the Judiciary. Protecting children in day care: Building a national background check system : hearing before the Committee on the Judiciary, United States Senate, One Hundred Second Congress, first session, on the National Child Protection Act of 1991, November 12, 1991. Washington: U.S. G.P.O., 1992.

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21

Simon, Morris. 1 Background, EU and Global Influences. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199688753.003.0001.

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This chapter traces the recent history of the UK system of financial services regulation. It begins by providing some context to the Gower Report of 1984, before detailing the changes that the resulting Financial Services Act (FSA) 1986 introduced (principally the establishment of self-regulating organisations (SROs)). The success of Labour’s replacement of the SROs with the Financial Services Authority (FSA) in 2000 (under the Financial Services and Markets Act (FSMA) 2000) is assessed in light of the financial crisis of 2007–2009. The key causes of the crash, and the actions of the Government and the FSA during it, are analysed. It explains the restructuring of the regulatory set-up (with the introduction of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA)) following the crash. The influence of recent European regulatory reform on the UK is also considered.

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22

Grosse Ruse-Khan, Henning. The Protection of Intellectual Property in International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.001.0001.

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This book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it constructs a holistic view of international IP law as an integral part of the international legal system. The first part considers norm relations within the international IP law system. It analyses the relationship of the two main unilateral IP conventions to the World Trade Organisation (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and subsequent Free Trade Agreements (FTAs). The second part discusses alternative rule systems for the protection of IP. The third part identifies important intersections and links between the traditional system of IP protection and other areas of international law related to environmental, social, and economic concerns. These include free trade in goods; biological diversity, genetic resources, and traditional knowledge; multilateral environmental agreements (MEAs) on climate change; and access to medicines and food. This analysis provides significant insights into the nature and quality of international law as a legal system. The fourth part identifies appropriate norms within the international IP system that can respond to these complexities and linkages.

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23

Lopez, Vera, and Lisa Pasko, eds. Latinas in the Criminal Justice System. NYU Press, 2021. http://dx.doi.org/10.18574/nyu/9781479804634.001.0001.

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Latina girls and women have often been invisible in the U.S. legal systems of juvenile justice, criminal justice, and immigration as well as in the broader criminological research. Latinas in the Criminal Justice System: Victims, Targets, and Offenders remedies this deficit and investigates the histories, backgrounds, and struggles of system-impacted Latinas. It shares understandings about Latina girls’ and women’s experiences with victimization, law violations, and systems of surveillance and punishment. As a project of social justice, Latinas in the Criminal Justice System addresses how ethnicity, gender, class, sexuality, legal status, and/or carceral status shape perceptions, interactions, and system involvement. Employing a variety of methodologies and data, Latinas in the Criminal Justice System examines how Latina “victims” of interpersonal violence view their interactions with police officers and other systems actors, how Latina girls and women navigate the juvenile and criminal justice systems, and how undocumented Latina women experience the U.S. “crimmigration” system. The book concludes with suggestions for effective community-based programming.

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24

Isett, Philip. The Euler-Reynolds System. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691174822.003.0001.

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This chapter provides a background on the Euler-Reynolds system, starting with some of the underlying philosophy behind the argument. It describes low frequency parts and ensemble averages of Euler flows and shows that the average of any family of solutions to Euler will be a solution of the Euler-Reynolds equations. It explains how the most relevant type of averaging to convex integration arises during the operation of taking weak limits, which can be regarded as an averaging process. The chapter proceeds by focusing on weak limits of Euler flows and the hierarchy of frequencies, concluding with a discussion of the method of convex integration and the h-principle for weak limits. The method inherently proves that weak solutions to Euler may fail to be solutions.

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25

Tietje, Christian, and Kevin Crow. The Reform of Investment Protection Rules in CETA, TTIP, and Other Recent EU FTAs: Convincing? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0004.

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This chapter explores the systemic problems that plague provision-dependent investment protection reforms in CETA, TTIP, and other recent EU FTAs. The authors suggest that the current international investment system’s asymmetrical structure precludes effective reforms because reforms that ‘level the playing field’ between state and investor run counter to the logic of a system designed with the purpose of protecting investors and investments, not states. The authors suggest that a new symmetrical international investment dispute settlement structure may provide a more convincing answer to calls for reform. After beginning with a background on the necessity of and problems with ‘vagueness’ in law (both generally and in the international investment system), the chapter analyses the most prominent reforms and reform proposals in the current international investment landscape. The chapter elucidates several of the structural problems that plague these current reform proposals and demonstrates that a symmetrical approach could alleviate these problems.

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26

The Common European Asylum System: Background, Current State of Affairs, Future Direction. Asser Press, 2007.

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27

Hanson, Emily. Use of DNA by the Criminal Justice System and the Federal Role: Background, Current Law, and Grants. Independently Published, 2021.

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28

US GOVERNMENT. The FBI Fingerprint Identification Automation Program: Issues and Options (Background Paper). Office of Technology Assessment, 1991.

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29

Appointment Log Book: Spathiphyllum Cannifolium Leaves Background Appointment Log Book for Customer Appointment Management System and Tracker, 6x9 Inch and 120 Page. Independently Published, 2021.

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30

Publication, Benn Macdona Goodwi. Appointment Log Book: Spathiphyllum Cannifolium Leaves Background Appointment Log Book for Customer Appointment Management System and Tracker, 6x9 Inch and 120 Page. Independently Published, 2021.

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31

Pirelli, Gianni. Firearm Law and Policy. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190630430.003.0002.

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In this chapter, the authors provide a review of firearm-related laws (i.e., federal, state, landmark legal cases), policies (e.g., “Stand Your Ground,” background checks, child access prevention), and programs (e.g., Project ChildSafe). The mixed research related to the effectiveness of these firearm policies and laws, as well as program evaluation, is summarized. Issues related to the intersection of gun-involved violence and suicide, gun ownership, and mental illness are addressed. Moreover, gun restoration programs and firearm ownership disqualification systems are discussed, as well as the important court cases related to these complicated issues. While the media and public opinion have influenced much of the legislation related to gun ownership and gun control, the authors provide the reader with a foundational knowledge of the available empirical literature related to such.

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32

Rohlfing-Dijoux, Stephanie, and Uwe Hellmann, eds. Culture and Law. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748921271.

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The answer to legal questions related to the end of life is subject to strong cultural and religious influences. Medical, philosophical and historical aspects must also be taken into account. Because of the close connection between law and culture, countries with different cultural and religious backgrounds were selected for a comparative study on end-of-life issues. In France, Germany and Switzerland with a continental legal system, in Great Britain with a common law system, in India and Japan, the different religions and cultures exert an important influence on the modernisation of the relevant legislation. The book deals with recent changes in the law and developments in the countries included in the study. With contributions by Florence Bellivier, Kartina A. Choong, Birgit Daiber, Jeanne Mesmin d’Estienne, Geraldine Demme, Michael Eichberger, Sophie Garcelon, Uwe Hellmann, Tetsu Isobe, Haluna Kawashima, Tobias Lettl, Volker Lipp, Prasannanshu Prasannanshu, Kerstin Peglow, Anand N. Raut, Stephanie Rohlfing-Dijoux, Angie Schneider and Louis-Charles Viossat.

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33

Charles, Proctor. Part F Cross-Border Issues, 42 Cross-Border Financial Services, Consumer Protection, and Unfair Contract Terms. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0042.

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This chapter considers the provisions of Rome I that deal specifically with financial instruments and contracts for the provision of financial services. It discusses the background to Rome I and its consumer protection rules; the meaning of ‘financial instruments’ for Rome I purposes; contracts concluded within a multilateral trading system (Articles 4(1)(h) and 6(4)(e)); consumer law exemptions applicable to financial instruments, rights issues, and takeover offers (Article 6(4)(d)); the consumer law exemption relating to foreign services (Article 6(4)(a)); the banker-customer relationship; and the impact of domestic consumer laws.

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34

Giulia, Pinzauti. Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 22 Nature of Restrictive Measures. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0026.

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Principle 22 is an overarching guideline to states on the nature of the safeguards and restrictions that they may need to adopt and enforce in order to counter impunity more effectively. It is an umbrella provision listing certain rules or principles in national legal systems which might impede the criminal prosecution or other scrutiny of human rights violations by domestic courts. These rules and principles include those regulating amnesty, prescription (statutory limitations), extradition, the right to asylum, due obedience, repentance, the jurisdiction of military courts and the irremovability of judges. This chapter first provides a contextual and historical background on Principle 22 before discussing its theoretical framework and how the safeguards or restrictive measures outlined in Principle 22 have been applied in practice.

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35

Publication, Benn Macdona Goodwi. Appointment Log Book: Leather Texture Background Appointment Log Book for Customer Appointment Management System and Tracker,6x9 Inch and 120 Page,lawyer Appointment Book,log Book. Independently Published, 2021.

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36

Arun K, Thiruvengadam. Part IV Separation of Powers, Ch.23 Tribunals. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0023.

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This chapter examines the constitutional status of tribunals in India and how the law and policy on tribunals have evolved since 1950. It presents a brief historical background on the evolution of tribunals in India, starting from the origin of tribunals and debates among law reform bodies from 1950 to 1975 to the Swaran Singh Committee report recommending the creation of tribunals to combat delays in the Indian legal system. It then reviews constitutional litigation over tribunals during the period 1985–2014, focusing on the Sampath Kumar and other cases after it, along with the National Company Law Tribunals. It also considers the debate over the ‘tribunalisation’ of the Indian legal system and the constitutional arguments that have been raised to challenge the validity of particular tribunals. Finally, it looks at recent criticism of the growth of tribunals by practicing lawyers and argues that calls for their abolition are impractical.

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37

George, Walker, Purves Robert, and Blair Michael. Part I Regulatory Structure, 1 UK Financial Services Reform. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198793809.003.0001.

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This chapter examines the reform of financial services regulation in the UK. The objective of the UK's most recent regulatory reforms has been to strengthen the role and function of the Bank of England at the centre of the UK financial system. This was considered necessary, in particular, in light of the need to monitor and manage the financial markets as a whole. The chapter outlines the regulatory background to the establishment of the integrated system of financial control set up under the Financial Services and Markets Act 2000 and its amendment, in particular, under the Banking Act 2009, Financial Services Act 2010, and Financial Services Act 2012 (FSA 2012). It also considers the principal events surrounding the financial crisis in the UK and the immediate official response to it. Finally, it discusses the role and function of the Bank of England under the revised regulatory structure.

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38

Alexander, Mayer-Rieckh, and Duthie Roger. Part IV The Right to Reparation/Guarantees of Non-Recurrence, B Guarantees of Non-Recurrence of Violations, Principle 36 Reform of State Institutions. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0040.

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Principle 36 deals with institutional reform in the aftermath of human rights violations. It contains measures that focus on state institutions responsible for violations and seek to identify the causes of the violations. The measures aim to reform structures and systems that allowed, facilitated, or promoted violations, and have the potential to act as an enabling condition for other transitional justice mechanisms by weakening or removing institutional sources of opposition. This chapter first provides a contextual and historical background on Principle 36 before discussing its theoretical framework and practice. It also examines the shift in emphasis from purges, to vetting, to broader institutional reform; the influence of historical context in Latin America and Eastern Europe in particular on the articulation of the measures; and the emphasis on the preventive function of the measures.

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39

Peter, Gomber, and Gvozdevskiy Ilya. Part III Trading, 14 Dark Trading Under MiFID II. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198767671.003.0014.

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This chapter focuses on the concept of dark trading in the context of MiFID II, against the background of the MIFID I regulation and its economic consequences for European equity markets. MiFID II aims to increase market transparency and to bring trading of financial instruments into regulated platforms. Extending the waivers introduced by MiFID I, the new Directive announces the double volume cap regime. An additional trading obligation of shares will reduce the extent of OTC trading in Europe. Some market participants and trading venues recently introduced MiFID II-ready solutions preventing dark executions from being subject to the double volume cap regime either by classifying the orders as large in scale or by introducing trading systems based on auction market models. These models and functionalities that already anticipate the future MIFID II regime are also discussed in this chapter.

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40

Giulia, Pinzauti. Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 23 Restrictions on Prescription. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0027.

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Principle 23 deals with statutory limitations (prescription, in French) aimed at protecting defendants from stale claims that might be difficult to counter. Statutory limitations refer to legal norms that regulate the effects of the passage of time in domestic systems. In criminal law, they provide for a maximum timeframe, or prescription period, within which criminal proceedings can be instituted or sentences enforced. The passage of time makes the gathering of evidence more difficult and may also reduce the effectiveness of criminal prosecution. Significant delays in criminal action may thus impair the accused’s right to a fair trial. Furthermore, criminal proceedings tend to lose legitimacy as time passes. After providing a contextual and historical background on Principle 23, this chapter discusses its theoretical framework and how the statutory limitations have been applied in practice under multilateral treaties, domestic legislation and case-law. It also examines the practice of United Nations organs.

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41

Jones, Mohamedu F. Formative case law and litigation. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199360574.003.0003.

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The presence of comprehensive correctional mental health treatment programs and services in any given jail or prison is often due to successful class action litigation. This chapter reviews the legal and constitutional background for correctional mental health care in the United States and addresses many of the critical ways these courts impact policy and care delivery on a daily basis. Several court decisions have shaped modern correctional mental health care delivery. Officials are obligated under the Eighth Amendment to provide convicted prisoners with adequate medical care, which extends to mental health treatment. Pre-trial detainees also have a right to adequate physical and mental health care under the Due Process Clause of the Fourteenth Amendment of the Constitution). Since the Supreme Court proclaimed that inmates have a constitutional right to adequate health care, much has been written about the controlling decisions, their implications and applications by courts, and their implementation in correctional systems. There are, however, discrete issues related to mental health care in corrections that patients and providers in prisons and jails contend with daily that may not yet be resolved as matters of constitutional law. Case law and litigation are driving innovation in standards of care and enhancing the quality of correctional mental health. These reforms are gaining acceptance as preferred and expected standards of correctional mental health care in jails and prisons, and may reflect the present day ‘evolving standard of decency,’ becoming touchstones of constitutionally adequate care across systems.

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42

Jones, Mohamedu F. Formative case law and litigation. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199360574.003.0003_update_001.

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The presence of comprehensive correctional mental health treatment programs and services in any given jail or prison is often due to successful class action litigation. This chapter reviews the legal and constitutional background for correctional mental health care in the United States and addresses many of the critical ways these courts impact policy and care delivery on a daily basis. Several court decisions have shaped modern correctional mental health care delivery. Officials are obligated under the Eighth Amendment to provide convicted prisoners with adequate medical care, which extends to mental health treatment. Pre-trial detainees also have a right to adequate physical and mental health care under the Due Process Clause of the Fourteenth Amendment of the Constitution). Since the Supreme Court proclaimed that inmates have a constitutional right to adequate health care, much has been written about the controlling decisions, their implications and applications by courts, and their implementation in correctional systems. There are, however, discrete issues related to mental health care in corrections that patients and providers in prisons and jails contend with daily that may not yet be resolved as matters of constitutional law. Case law and litigation are driving innovation in standards of care and enhancing the quality of correctional mental health. These reforms are gaining acceptance as preferred and expected standards of correctional mental health care in jails and prisons, and may reflect the present day ‘evolving standard of decency,’ becoming touchstones of constitutionally adequate care across systems.

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43

William A, Schabas. Part III The Right to Justice, B Distribution of Jurisdiction between National, Foreign, International, and Internationalized Courts, Principle 20 Jurisdiction of International and Internationalized Criminal Tribunals. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0024.

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Principle 20 is concerned with the jurisdiction of international and internationalized criminal tribunals regarding the prosecution of war crimes and other atrocities. The word ‘impunity’, defined at the beginning of the United Nations Updated Set of Principles, implies punishment or some similar sanction. It inexorably directs us towards judicial activity of criminal courts or the lack of it. The first sentence of Principle 20 is addressed to the national justice system, while the second sentence focuses on the international and internationalized criminal tribunals and their relationship to national courts. The final sentence of Principle 20 requires States to ‘fully satisfy their legal obligations’ with respect to international and internationalized criminal tribunals. This chapter first provides a contextual and historical background on Principle 20 before discussing its theoretical framework and how it has been observed in practice.

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44

Francis, Lyall, and Larsen Paul B. Part II Commercial Aspects of the Marine Environment, 7 INMARSAT and the Modern International Mobile Satellite Organization. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823964.003.0007.

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This chapter focuses on INMARSAT and the modern International Mobile Satellite Organisation (IMSO). INMARSAT is a commercial company that provides maritime communications by satellite as well as telecommunication services to mobile users. It also has international service obligations that fall within the Global Maritime Distress and Safety System (GMDSS) established by the International Maritime Organisation in 1988. Compliance with these is supervised by the IMSO. The chapter first provides a technical background on INMARSAT as well as an overview of its history and its maritime satellite communications services before turning to the IMSO and what it does. In addition to technical responsibilities in relation to GDMSS and the Long-Range Identification and Tracking of Ships (LRIT), IMSO has entered into an Agreement of Cooperation with the International Civil Aviation Organization (ICAO) relating to aeronautical mobile satellite communications.

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45

Paul, Sanjukta, Shae McCrystal, and Ewan McGaughey, eds. The Cambridge Handbook of Labor in Competition Law. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781108909570.

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As scholars and policymakers around the world seek a systematic approach to the question of 'gig work,' one of its regulatory dimensions – the intersection of labor and competition law – points toward a deeper reconceptualization of the conventional legal and economic categories typically brought to bear upon it. A comparative approach to the question of gig work further reveals the variety and contingency of background assumptions that are often overlooked in the context of domestic policy debates. By combining a detailed comparative doctrinal survey of the regulation of non-employee workers in domestic competition law systems with a set of essays reframing the underlying questions raised – in terms of international legal frameworks, freedom of association norms, alternative approaches to law and economics, and more – The Cambridge Handbook of Labor in Competition Law moves the debates over the fissured workplace and the labor – competition law intersection forward in novel ways.

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46

Frédéric, Mégret. Part III Regimes and Doctrines, Ch.37 Theorizing the Laws of War. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0038.

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This chapter suggests two predominant modes of theorizing about the laws of war—one ‘internal’, the other ‘external’—both providing a useful shorthand for two relatively irreducible types of exercises. Internal theorizing makes sense of the discipline among its practitioners and within bounds that are taken for granted. It is minimal in that its ambition is largely instrumental: providing the practitioners of the laws of war with the background necessary for them to function. External theorizing is less interested in the laws of war as a system than as an object; it is less focused on explaining the operation of the laws of war than understanding what the laws of war mean generally and for international law specifically. It is more explicitly theoretical precisely in that it seeks to highlight some of the ultimate functioning or purpose of the laws of war behind its dominant implicit theories.

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47

Kai, Ambos. Part III The Right to Justice, A General Principles, Principle 19 Duties of States with Regard to the Administration of Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0023.

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Principle 19 outlines the duties of States with regard to the administration of justice for victims of serious human rights violations and other international crimes. Under this Principle, States must ensure that those responsible for serious crimes under international law are prosecuted, tried and adequately punished. A state’s (criminal) justice obligations have long been recognized by regional human rights courts and international human rights bodies. While the fight against impunity is the explicit aim of the International Criminal Court (ICC) and a major goal of the United Nations, the duty to prosecute lies primarily with the domestic justice system with regional or international mechanisms being subsidiary or complementary. This chapter first provides a contextual and historical background on Principle 19 before discussing its theoretical framework and how human rights courts and treaty bodies have interpreted the duty of States to investigate and prosecute serious human rights violations.

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Christopher, Gosnell. Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 30 Restrictions on the Principle of the Irremovability of Judges. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0034.

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Principle 30 deals with restrictions on the principle of the irremovability of judges. Judicial independence, both institutional and individual, is essential in any justice system and must be respected in a trans-regime setting. At the same time, it is necessary for the judiciary to adjudicate the crimes of a past regime with adequate vigour. This can present a major dilemma between necessary continuity and necessary reform, one that Principle 30 is designed to address. According to Principle 30, judges may not be removed if they were appointed ‘in conformity with the requirements of the rule of law’, but may be removed if they were ‘unlawfully appointed’ or ‘derive their judicial power from an act of allegiance’. This chapter first provides a contextual and historical background on Principle 30 before discussing its theoretical framework and how judges are treated in a trans-regime setting.

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Nigel D, White. Part 1 The Cold War Era (1945–89), 3 The Korean War—1950–53. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0003.

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This chapter examines the background of the Korean War, the positions of those states and UN organs involved in the conflict as the war ebbed and flowed across the Korean peninsula, and the many questions of legality it raised. Although its legal basis is disputed (sometimes analysed as collective self-defence or intervention at the request of the established government), the evidence presented in this chapter is that the Korean War helped to shape a decentralised UN collective security system, a model in which the UN Security Council acts under Chapter VII to mandate willing states to tackle aggressors or other threats to the peace. Furthermore, the peculiarity of the politics in the UN at the time allowed only a small window of opportunity for action by the Security Council, leading to another vision of collective security in which the UN General Assembly would play a more central role.

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Claudio, Chiarolla. Part II Commercial Aspects of the Marine Environment, 10 The Work of WIPO and Its Possible Relevance for Global Ocean Governance. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198823964.003.0010.

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This chapter focuses on the work of the World Intellectual Property Organization (WIPO) and its possible relevance for global ocean governance. It first provides a background on WIPO and its activities, legal foundations and mandate before asking whether there is a place for intellectual property (IP) considerations in regard to global ocean governance. It then considers what role, if any, WIPO should play, as the competent UN agency responsible for the development of a balanced and effective international IP system, in strengthening the contribution of IP to the global governance of oceans, in line with Sustainable Development Goals 14 (Life below water). It also describes some key areas of overlap and possible interrelationships between global ocean governance and the work of WIPO from both normative and practical standpoints. Finally, it reflects on WIPO’s future role in the context of the evolving sustainable ocean governance.

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