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.

Measurement of Large Dipolar Couplings of a Liquid Crystal with Terminal Phenyl Rings and Estimation of the Order Parameters

NMR spectroscopy is a powerful means of studying liquid-crystalline systems at atomic resolutions. Of the many parameters that can provide information on the dynamics and order of the systems, H-1-C-13 dipolar couplings are an important means of obtaining such information. Depending on the details of the molecular structure and the magnitude of the order parameters, the dipolar couplings can vary over a wide range of values. Thus the method employed to estimate the dipolar couplings should be capable of estimating both large and small dipolar couplings at the same time. For this purpose, we consider here a two-dimensional NMR experiment that works similar to the insensitive nuclei enhanced by polarization transfer (INEPT) experiment in solution. With the incorporation of a modification proposed earlier for experiments with low radio frequency power, the scheme is observed to enable a wide range of dipolar couplings to be estimated at the same time. We utilized this approach to obtain dipolar couplings in a liquid crystal with phenyl rings attached to either end of the molecule, and estimated its local order parameters.

A constitutive model for cavitation and cavity growth in rubber-like materials under arbitrary tri-axial loading

In this paper, we attempted to construct a constitutive model to deal with the phenomenon of cavitation and cavity growth in a rubber-like material subjected to an arbitrary tri-axial loading. To this end, we considered a spherical elementary representative volume in a general Rivlin's incompressible material containing a central spherical cavity. The kinematics proposed by [Hou, H.S., Abeyaratne, R., 1992. Cavitation in elastic and elastic-plastic solids. J. Mech. Phys. Solids 40, 571-722] was adopted in order to construct an approximate but optimal field. In order to establish a suitable constitutive law for this class of materials, we utilized the homogenisation technique that permits us to calculate the average strain energy density of the volume. The cavity growth was considered through a physically realistic failure criterion. Combination of the constitutive law and the failure criterion enables us to describe correctly the global behaviour and the damage evolution of the material under tri-axial loading. It was shown that the present models can efficiently reproduce different stress states, varying from uniaxial to tri-axial tensions, observed in experimentations. Comparison between predicted results and experimental data proves that the proposed model is accurate and physically reasonable. Another advantage is that the proposed model does not need special identification work, the initial Rivlin's law for the corresponding incompressible material is sufficient to form the new law for the compressible material resulted from cavitation procedure. (C) 2007 Elsevier Ltd. All rights reserved.

Approaches and frameworks for management and research in small-scale fisheries in the developing world

Commonly adopted approaches to managing small-scale fisheries (SSFs) in developing countries do not ensure sustainability. Progress is impeded by a gap between innovative SSF research and slower-moving SSF management. The paper aims to bridge the gap by showing that the three primary bases of SSF management--ecosystem, stakeholders’ rights and resilience--are mutually consistent and complementary. It nominates the ecosystem approach as an appropriate starting point because it is established in national and international law and policy. Within this approach, the emerging resilience perspective and associated concepts of adaptive management and institutional learning can move management beyond traditional control and resource-use optimization, which largely ignore the different expectations of stakeholders; the complexity of ecosystem dynamics; and how ecological, social, political and economic subsystems are linked. Integrating a rights-based perspective helps balance the ecological bias of ecosystem-based and resilience approaches. The paper introduces three management implementation frameworks that can lend structure and order to research and management regardless of the management approach chosen. Finally, it outlines possible research approaches to overcome the heretofore limited capacity of fishery research to integrate across ecological, social and economic dimensions and so better serve the management objective of avoiding fishery failure by nurturing and preserving the ecological, social and institutional attributes that enable it to renew and reorganize itself. (PDF contains 29 pages)

A cohesive approach to thin-shell fracture and fragmentation

We develop a finite-element method for the simulation of dynamic fracture and fragmentation of thin-shells. The shell is spatially discretized with subdivision shell elements and the fracture along the element edges is modeled with a cohesive law. In order to follow the propagation and branching of cracks, subdivision shell elements are pre-fractured ab initio and the crack opening is constrained prior to crack nucleation. This approach allows for shell fracture in an in-plane tearing mode, a shearing mode, or a bending of hinge mode. The good performance of the method is demonstrated through the simulation of petalling failure experiments in aluminum plates. © 2005 Elsevier B.V. All rights reserved.

STUDIED ON THE SIMULTANEOUS SPECTROPHOTOMETRIC DETERMINATION OF INORGANIC MULTICOMPONENT SYSTEMS .3. DETERMINATION OF MICROAMOUNTS OF TUNGSTEN, MOLYBDENUM AND TITANIUM

The absorption spectra of W, Mo and Ti-phenylfluorone cetyltrimethylammonium bromide complexes and the optimum conditions for the simultaneous spectrophotometric determination of microamounts of W, Mo and Ti were studied. In order to examine the effect of the errors of calibration matrix on the analytical resulte, the approach of selecting the analytical wavelengths was investigated and the comparison of computation results between AKC method (the matrix representation of Beer-Lambert's Law) and ...

Multiple Principles and the Obligation to Obey the Law

Nkiruka, A., Multiple Principles and the Obligation to Obey the Law, Deakin Law Review. Vol. 10. No. 2. 2005. p. 524 RAE2008

Ubuntu and the Obligation to Obey the Law

Nkiruka, M., Ubuntu and the Obligation to Obey the Law, Cambrian Law Review. Vol. 37. 2006. p. 17 RAE2008

The Organization for Security and Co-operation in Europe and European Security Law

Odello, Marco, The Organization for Security and Co-operation in Europe and European Security Law, In: European Security Law, Oxford University Press, pp. 295-328, 2007. RAE2008

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

null RAE2008

The Felon and the Angel Copier: Criminal Identity and the Promise of Photography in Victorian England and Wales

Ireland Richard, 'The Felon and the Angel Copier: Criminal Identity and the Promise of Photography in Victorian England and Wales', In: Policing and War in Europe, Criminal Justice History, (Westport, CT, Greenwood Press), volume 16, pp.53-86, 2002 RAE2008

Between Anarchy and Society: Trusteeship and the Obligations of Power

Bain, William, Between Anarchy and Society: Trusteeship and the Obligations of Power (Oxford: Oxford University Press, 2003), pp.viii+216 RAE2008

The corporate social responsibility movement and law's empire: Is there a conflict?

At the heart of corporate governance and social responsibility discourse is recognition of the fact that the modern corporation is primarily governed by the profit maximisation imperative coupled with moral and ethical concerns that such a limited imperative drives the actions of large and wealthy corporations which have the ability to act in influential and significant ways, shaping how our social world is experienced. The actions of the corporation and its management will have a wide sphere of impact over all of its stakeholders whether these are employees, shareholders, consumers or the community in which the corporation is located. As globalisation has become central to the way we think it is also clear that ‘community’ has an ever expanding meaning which may include workers and communities living very far away from Corporate HQ. In recent years academic commentators have become increasingly concerned about the emphasis on what can be called short-term profit maximisation and the perception that this extremist interpretation of the profit imperative results in morally and ethically unacceptable outcomes.1 Hence demands for more corporate social responsibility. Following Cadbury’s2 classification of corporate social responsibility into three distinct areas, this paper will argue that once the legally regulated tier is left aside corporate responsibility can become so nebulous as to be relatively meaningless. The argument is not that corporations should not be required to act in socially responsible ways but that unless supported by regulation, which either demands high standards, or at the very least incentivises the attainment of such standards such initiatives are doomed to failure. The paper will illustrate by reference to various chosen cases that law’s discourse has already signposted ways to consider and resolve corporate governance problems in the broader social responsibility context.3 It will also illustrate how corporate responsibility can and must be supported by legal measures. Secondly, this paper will consider the potential conflict between an emphasis on corporate social responsibility and the regulatory approach.4 Finally, this paper will place the current interest in corporate social responsibility within the broader debate on the relationship between law and non-legally enforceable norms and will present some reflections on the norm debate arising from this consideration of the CSR movement.

A study of the extent to which Irish law, policy and practice allow for Ireland's application of the United Nations Convention on the Rights of the Child, 1989 to pre-natal children

The central research question of this thesis asks the extent to which Irish law, policy and practice allow for the application of the United Nations Convention on the Rights of the Child (CRC) to pre-natal children. First, it is demonstrated that pre-natal children can fall within the definition of ‘child’ under the Convention and so the possibility of applying the Convention to children before birth is opened. Many State Parties to the CRC have interpreted it as applicable to pre-natal children, while others have expressed that it only applies from birth. Ireland has not clarified whether or not it interprets it as being applicable from conception, birth, or some other point. The remainder of the thesis examines the extent to which Ireland interprets the CRC as applicable to the pre-natal child. First, the question of whether Ireland affords to the pre-natal child the right to life under Article 6(1) of the Convention is analysed. Given the importance of the indivisibility of rights under the Convention, the extent to which Ireland applies other CRC rights to pre-natal children is examined. The rights analysed are the right to protection from harm, the right to the provision of health care and the procedural right to representation. It is concluded that Ireland’s laws, policies and practices require urgent clarification on the issue of the extent to which rights such as protection, health care and representation apply to children before birth. In general, there are mixed and ad hoc approaches to these issues in Ireland and there exists a great deal of confusion amongst those working on the frontline with such children, such as health care professionals and social workers. The thesis calls for significant reform in this area in terms of law and policy, which will inform practice.