An Axiom of Military Law : Applicability of National Criminal Law to Military Personnel and Associated Civilians Abroad

States regularly deploy elements of their armed forces abroad. When that happens, the military personnel concerned largely remain governed by the penal law of the State that they serve. This extraterritorial extension of national criminal law, which has been treated as axiomatic in domestic law and ignored by international law scholarship, is the subject of this dissertation. The first part of the study considers the ambit of national criminal law without any special regard to the armed forces. It explores the historical development of the currently prevailing system of territorial law and looks at the ambit that national legal systems claim today. Turning then to international law, the study debunks the oddly persistent belief that States enjoy a freedom to extend their laws to extraterritorial conduct as they please, and that they are in this respect constrained only by some specific prohibitions in international law. Six arguments historical, empirical, ideological, functional, doctrinal and systemic are advanced to support a contrary view: that States are prohibited from extending the reach of their legal systems abroad, unless they can rely on a permissive principle of international law for doing so. The second part of the study deals specifically with State jurisdiction in a military context, that is to say, as applied to military personnel in the strict sense (service members) and various civilians serving with or accompanying the forces (associated civilians). While the status of armed forces on foreign soil has transformed from one encapsulated in the customary concept of extraterritoriality to a modern regulation of immunities granted by treaties, elements of armed forces located abroad usually do enjoy some degree of insulation from the legal system of the host State. As a corollary, they should generally remain covered by the law of their own State. The extent of this extraterritorial extension of national law is revealed in a comparative review of national legislation, paying particular attention to recent legal reforms in the United States and the United Kingdom two states that have sought to extend the scope of their national law to cover the conduct of military contractor personnel. The principal argument of the dissertation is that applying national criminal law to service members and associated civilians abroad is distinct from other extraterritorial claims of jurisdiction (in particular, the nationality principle or the protective principle of jurisdiction). The service jurisdiction over the armed forces has a distinct aim: ensuring the coherence and indivisibility of the forces and maintaining discipline. Furthermore, the exercise of service jurisdiction seeks to reduce the chances of the State itself becoming internationally liable for the conduct of its service members and associated civilians. Critically, the legal system of the troop-deploying State, by extending its reach abroad, seeks to avoid accountability gaps that might result from immunities from host State law.

Generalization of Abrams' law

Considering cement based composites as chemically bonded ceramics (CBC) the consequent strength development with age is essentially a constant volume solidification process, such that the hydrated gel particles fill the space resulting in the compatible gel space ratios. Analysis has been done of the extensively used graphical method of mix design (British method of mix design) i.e., the relation between the compressive strength and the free water - cement ratio. By considering the strength (S) at w/c 0.5 (S-0.5) as the reference state to reflect the synergetic effects between constituents of concrete a generalized relationship obtained is of the form {S/S-0.5} = a + b {1/(w/c)}.

Scaling relationships in indentation of power-law creep solids using self-similar indenters

We use dimensional analysis to derive scaling relationships for self-similar indenters indenting solids that exhibit power-law creep. We identify the parameter that represents the indentation strain rate. The scaling relationships are applied to several types of indentation creep experiment with constant displacement rate, constant loading rate or constant ratio of loading rate over load. The predictions compare favourably with experimental observations reported in the literature. Finally, a connection is found between creep and 'indentation-size effect' (i.e. changing hardness with indentation depth or load).

The art of human rights : enriching the life of the law school through drawings and other visual resource

In the life of the Law School, focus on the “visual” can operate at three different levels: learning, teaching, and examining (legal concepts). My main interest in this paper is to explore the latter level, “examining”, broadly considered so as to encompass evaluation in general. Furthermore, that interest is pinned down here to the area of constitutional rights and human rights in general, even though the conclusions reached can (and should) likely be extrapolated to other areas of the law... In effect, the first logical step regarding the relevance of the visual approach has to do with using it yourself when you study —assuming that you came to the conclusion that you are a “visual learner”. As you know, VARK theorists propose a quadripartite classification of learners. The acronym VARK stands for Visual, Aural, Read/write, and Kinesthetic sensory modalities that are used for learning information. This model was designed in the late 80s by Neil Fleming and it has received some acceptance and a lot of attention...

Modified formula of Malus' law for Glan-Taylor polarizing prisms

A simple three-axis model has been developed, which has been successfully applied to the analysis of the light transmittance in spatial incident angle and the simulation of modified formula of Malus' law for Glan-Taylor prisms. Our results indicate that the fluctuations on the cosine squared curve are due to specific misalignments between the axis of the optical system, the optical axis of the prism and the mechanical axis (rotation axis) of prism, which results in the fact that different initial relative location of the to-be-measured-prism in the testing system corresponds to different shape of Malus' law curve. Methods to get absolutely smooth curve are proposed. This analysis is available for other kinds of Glan-type prisms. (C) 2004 Elsevier B.V. All rights reserved.

Indentation of power law creep solids by self-similar indenters

For creep solids obeying the power law under tension proposed by Tabor, namely sigma = b(epsilon) over dot(m), it has been established through dimensional analysis that for self-similar indenters the load F versus indentation depth h can be expressed as F(t) = bh(2)(t)[(h) over dot(t)/h(t)](m)Pi(alpha) where the dimensionless factor Pi(alpha) depends on material parameters such as m and the indenter geometry. In this article, we show that by generalizing the Tabor power law to the general three dimensional case on the basis of isotropy, this factor can be calculated so that indentation test can be used to determine the material parameters b and m appearing in the original power law. Hence indentation test can replace tension test. This could be a distinct advantage for materials that come in the form of thin films, coatings or otherwise available only in small amounts. To facilitate application values of this constant are given in tabulated form for a range of material parameters. (C) 2010 Elsevier B.V. All rights reserved.

Exploring the Origin of Power Law Distribution in Single-Molecule Conformation Dynamics: Energy Landscape Perspectives

We explored the origin of power law distribution observed in single-molecule conformational dynamics experiments. By establishing a kinetic master equation approach to study statistically the microscopic state dynamics, we show that the underlying landscape with exponentially distributed density of states leads to power law distribution of kinetics. The exponential density of states emerges when the system becomes glassy and landscape becomes rough with significant trapping.

Intention and Causation in Medical Non-Killing: The impact of criminal law concepts on euthanasia and assisted suicide

null RAE2008

'Possession is nine tenths of the law': Britain and the boundaries of Eastern Europe since 1945

Hughes, R. G., ''Possession is nine tenths of the law': Britain and the boundaries of Eastern Europe since 1945', Diplomacy and Statecraft, (2005) 16(4) pp.723-747 RAE2008