Absolute Responsibility, Strict Accountability
Author: Thomas C. Fairley
Publisher:
Published: 2000-10-01
Total Pages: 292
ISBN-13: 9781588203519
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Transnational Terrorism and State Accountability
Author: Vincent-Joël Proulx
Publisher: Bloomsbury Publishing
Published: 2012-11-05
Total Pages: 252
ISBN-13: 1782250387
DOWNLOAD EBOOKEvery State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.
Principles of Federal Appropriations Law
Author:
Publisher: General Accounting Office
Published: 1991
Total Pages: 564
ISBN-13:
DOWNLOAD EBOOKChapters 6-11 cover: availability of appropriations, amount; obligation of appropriations; continuing resolutions; liability and relief of accountable officers; Federal assistance, grants and cooperative agreements; and Federal assistance, guaranteed and insured loans.
Message of the President of the U. S. Transmitting the Report of the Employers' Liability and Workmen's Compensation Commission ...
Author: United States. Employers' Liability and Workmen's Compensation Commission
Publisher:
Published: 1912
Total Pages: 1748
ISBN-13:
DOWNLOAD EBOOKAutonomous Weapons Systems and the Responsibility of States
Author: Lutiana Valadares Fernandes Barbosa
Publisher: CRC Press
Published: 2024-10-18
Total Pages: 286
ISBN-13: 1040149731
DOWNLOAD EBOOKThis book reviews whether the existing framework in place can effectively address breaches in the context of Autonomous Weapons Systems (AWS). The work endeavors to map out the main gaps and some possible approaches to address them. Part I sets the ground. First, it provides a concept of AWS. Next, it discusses the accountability gap AWS generate and shows how the international community has put far more emphasis on individual responsibility rather than state responsibility. Part II analyzes the challenges AWS pose to the regime governing state responsibility under international law, as codified in the Draft Articles on State Responsibility (ARSIWA). In this regard, it discusses attribution, breach of an international obligation, tempus comissi delicti, multiple states involved in a breach, force majeure, assurance of non-repetition, issues related to damage, the human-machine interaction and its impacts on state ́s responsibility, responsibility for not using AWS, weapons review and the duty of due diligence. Part III summarizes the challenges discussed in part II in thirteen issues of concern and presents possible paths de lege ferenda to address each of those issues, mainly a paradigm shift in attribution and strict liability, among seven other more specific proposals. The conclusion reached is that the current regime on the international responsibility of states is insufficient to deal with the new challenges AWS pose. De lege ferenda, the book argues for following the paths suggested in part III. It also reflects on parts II and III's findings and how many of AWS's challenges to state ́s responsibility apply to other autonomous devices. Therefore, through the case study of AWS, this work also opens the broader discussion of the gaps in the international responsibility of states regarding autonomous device misdoings.
Shapo on the Law of Products Liability
Author: Marshall S. Shapo
Publisher: Wolters Kluwer
Published: 2012-10-22
Total Pages: 3484
ISBN-13: 1454821477
DOWNLOAD EBOOKA proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.
Freewill and Responsibility (Routledge Revivals)
Author: Anthony Kenny
Publisher: Routledge
Published: 2011-01-31
Total Pages: 64
ISBN-13: 1136816216
DOWNLOAD EBOOKThis reissue was first published in 1978. Anthony Kenny, one of the most distinguished philosophers in England, explores the notion of responsibility and the precise place of the mental element in criminal actions. Bringing the insights of recent philosophy of mind to bear on contemporary developments in criminal law, he writes with the general reader in mind, no specialist training in philosophy being necessary to appreciate his argument. Kenny shows that abstract distinctions drawn by analytic philosophers are relevant to decisions in matters of life and death, and illustrates the philosophical argument throughout by reference to actual legal cases. The topics he covers are of wide general interest and include: mens rea and mental health, strict liability, freedom and determinism, duress and necessity, intoxication and irresistible impulse, intention and purpose, murder and rape, punishment and deterrence, witchcraft and supernatural beliefs.
Proceedings of the 4th Green Development International Conference (GDIC 2022)
Author: Dwi Agus Kurniawan
Publisher: Springer Nature
Published: 2023-11-03
Total Pages: 1259
ISBN-13: 2384761102
DOWNLOAD EBOOKThis is an open access book. As the biggest university in Jambi province, Indonesia, Universitas Jambi has played an essential role as a key-player in both human and natural resources development in Jambi province. We have successfully developed cooperation in all sectors of development in Jambi province, Indonesia. We have contributed to a variety of activities such as research, community services, consultancies, and training services and provided some experts to speed up the development of Jambi Province and Indonesia in general. Today, Jambi University consistently seeks innovative methods to participate more actively in an inter-discipline study for sharing research on green development in all areas of knowledge, science, and expertise. In doing so, the Research and Community Service Institute (LPPM) of Universitas Jambi hosted the fourth Green Development International Conference in 2022, carried out once every two years. This Conference aims to provide insightful information concerning the development of a number of innovations in science and technology that are environmentally friendly, covering the fields of technology, environment, agriculture, energy, health, Law, education, and humanities.
Synergies and Fragmentations of Public and Private Laws- A Global Perspective
Author: Prof. (Dr.) Maruthi T.R.
Publisher: Institute of Legal Education
Published: 2024-08-06
Total Pages: 159
ISBN-13: 819688429X
DOWNLOAD EBOOKAbout the Book The study of law is a deep intellectual endeavor that requires thorough exploration and comprehension of its core principles and their application across various legal systems. "Comparative Perspectives on Public and Private Laws – A Student Handbook" engages with the complexities of law, examining the key distinctions between public and private law and their significant roles within the legal framework. The handbook offers a comprehensive look into the origins and differences between public and private law, providing readers with a solid grounding to understand this dichotomy's many aspects. Challenging traditional views, the book delves into the evolving separation of powers and the transformation of natural law, illuminating the dynamic relationship between legal principles and societal changes. In the context of globalization, it explores how interconnected legal systems are and the challenges posed by a more integrated world. It also presents alternative methods of legal governance and human rights protection within Islamic and socialist legal frameworks. Journeying from Romano-Germanic to Common Law traditions, the handbook takes readers across continents to examine the legal systems of various countries. It offers insights into their legal frameworks and principles, enhancing the understanding of global legal governance. Special attention is given to the distinctive features of Muslim legal systems in countries like Iran, Kuwait, the United Arab Emirates, and Saudi Arabia, highlighting their influence on national legal governance. By meticulously analyzing private and public law, the handbook provides valuable insights into state practices, constitutional interpretation, and the philosophy of rights and liberties. It encourages critical thinking and academic debate on the jurisprudential aspects of these legal fields, shaping a deeper understanding of legal systems and their operations. Aimed at legal scholars, practitioners, and students, this handbook is an essential resource for advancing legal knowledge in a constantly evolving world. It invites readers to embark on an intellectual journey to gain a richer understanding of the public-private law dichotomy and explore the complexities of various legal systems through this engaging study.
