The Lieber Code and the regulation of civil war in international law

In this paper, we consider one particularly interesting feature of the Lieber Code, which is the fact that it was drawn up by the U.S. Government to regulate the conduct of its armed forces in a civil war. In so doing, we hope to explore the extent to which there may be links between the Lieber Code and the contemporary regulation of non-international armed conflicts. In particular, we explore some similarities and contrasts between the views on the regulation of civil war that existed at the time of the drafting of the Lieber Code and the position that exists today.

The trial: how procedure shapes substance

The rules and the principles of the common law are formed from the cases decided in courts of common law. The unique nature of the evolution of the common law has long been the subject of study. Less frequently studied has been the impact of procedure upon the development of substantive law. This paper examines how the procedures applicable to the trial of a case can affect the substance of the resulting decision. The focus of the examination is the decision in Bell v Lever Bros [1932] AC 161. While the case has long been regarded as a leading, albeit confusing, contract law case it is also greatly concerned with the conduct of litigation. This paper argues that the substantive decision was largely determined by the civil procedure available. Different rules of civil procedure, it is suggested, would have resulted in a better decision in the English law of contract.

The level of compliance with the International Code of marketing of breast-milk substitutes: does it matter to stock markets?

The present paper explores, theoretically, and empirically, whether compliance with the International Code of marketing of breast-milk substitutes impacts on financial performance measured by stock markets. The empirical analysis, which considers a 20-year period, shows that stock markets are indifferent to the level of compliance by manufacturers with the International Code. Two important issues emerge from this result. Based on our finding that financial performance as measured by stock markets cannot explain the level of compliance, the first issue refers to what alternative types of mechanisms drive manufacturers who comply the least with voluntary codes such as the International Code. Conversely, from our finding that stock markets do not reward the most compliant, the second issue raised is an inherent weakness of stock markets to fully incorporate social and environmental values.

Comparison of TAMSAT and CPC rainfall estimates with raingauges, for southern Africa

Two different TAMSAT (Tropical Applications of Meteorological Satellites) methods of rainfall estimation were developed for northern and southern Africa, based on Meteosat images. These two methods were used to make rainfall estimates for the southern rainy season from October 1995 to April 1996. Estimates produced by both TAMSAT methods and estimates produced by the CPC (Climate Prediction Center) method were then compared with kriged data from over 800 raingauges in southern Africa. This shows that operational TAMSAT estimates are better over plateau regions, with 59% of estimates within one standard error (s.e.) of the kriged rainfall. Over mountainous regions the CPC approach is generally better, although all methods underestimate and give only 40% of estimates within 1 s.e. The two TAMSAT methods show little difference across a whole season, but when looked at in detail the northern method gives unsatisfactory calibrations. The CPC method does have significant overall improvements by building in real-time raingauge data, but only where sufficient raingauges are available.

Dissolution or disillusion: the unravelling of civil partnerships

This chapter considers the following questions: • Why did more men register a civil partnership initially than women? • Why has the gender ratio equalised? • Why have women dissolved their civil partnership at a consistently higher rate than men? • What has happened to the argument that same-sex unions will be different from, or better than (with its assumption of longer-lasting), heterosexual unions?

Best practice in the training, appointment and remuneration of members of dispute boards for large infrastructure projects

This paper reports part of a qualitative study into evolving practice in the implementation of the Dispute Adjudication Board (DAB) construction dispute resolution technique, a variant of the Dispute Review Board (DRB) concept used in the US and Canada. Data was collected through a focus group interview of 20 highly experienced dispute resolution practitioners from engineering and the law. The group was assembled from members of FIDIC-NET with direct experience of project DABs. The part reported here concerns practice and procedure for establishing DABs. The main findings are that: constitution of the DABs is often delayed because of either project owners' ignorance of the DAB process or deterrence by the cost of the DABs; such owners also tend to insist on appointing DAB members from local engineers and lawyers without sufficient understanding of the DAB process; rates of remuneration of DAB members vary widely; the training provision for DAB membership and advocacy skills is inadequate; the process of selecting candidates for DAB membership and negotiating the tripartite agreement between each member and the contractual parties needs to be navigated with great care to avoid raising ethical problems. The research contribution is threefold. First, it highlights the importance of realistic fees for DAB members within a standard framework in achieving timely establishment of a board that works well as a team. Second, it illustrates the use of qualitative focus group interview to study the impact of new contract terms from multiple stakeholder perspectives. Finally, it identifies areas where further research is needed.

Parameter sensitivity and predictive uncertainty in a new water quality model, Q(2)

A new dynamic model of water quality, Q(2), has recently been developed, capable of simulating large branched river systems. This paper describes the application of a generalized sensitivity analysis (GSA) to Q(2) for single reaches of the River Thames in southern England. Focusing on the simulation of dissolved oxygen (DO) (since this may be regarded as a proxy for the overall health of a river); the GSA is used to identify key parameters controlling model behavior and provide a probabilistic procedure for model calibration. It is shown that, in the River Thames at least, it is more important to obtain high quality forcing functions than to obtain improved parameter estimates once approximate values have been estimated. Furthermore, there is a need to ensure reasonable simulation of a range of water quality determinands, since a focus only on DO increases predictive uncertainty in the DO simulations. The Q(2) model has been applied here to the River Thames, but it has a broad utility for evaluating other systems in Europe and around the world.

Case study of the use of remotely sensed data for modeling flood inundation on the river Severn, UK.

A methodology for using remotely sensed data to both generate and evaluate a hydraulic model of floodplain inundation is presented for a rural case study in the United Kingdom: Upton-upon-Severn. Remotely sensed data have been processed and assembled to provide an excellent test data set for both model construction and validation. In order to assess the usefulness of the data and the issues encountered in their use, two models for floodplain inundation were constructed: one based on an industry standard one-dimensional approach and the other based on a simple two-dimensional approach. The results and their implications for the future use of remotely sensed data for predicting flood inundation are discussed. Key conclusions for the use of remotely sensed data are that care must be taken to integrate different data sources for both model construction and validation and that improvements in ground height data shift the focus in terms of model uncertainties to other sources such as boundary conditions. The differences between the two models are found to be of minor significance.