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Proportionality is intimately linked to the overarching concepts of self-defense, lawful force, and the controlled application of violence. It is one of the most visible facets of humanitarian law designed to reduce unnecessary human suffering and avoid excessive damage to property, and the natural environment. However, its application has come under renewed scrutiny and sustained controversy as a result of wars against non-state actors and from the extensive use of drones, human shields, cyber war techniques, and counterinsurgency tactics. Proportionality in International Law critically assesses the law of proportionality in normative terms combining abstract philosophical and legal analysis with highly emotive contemporary combat cases. The principle of proportionality permits actions that are logically linked to the intended goal, and thus defines the permissible boundaries for the initiation and conduct of modern wars. The case studies discussed in this book are predominantly from the perspective of those who make decisions in the midst of armed conflict, bringing analytic rigor to the debates as well as sensitivity to facts on the ground. The authors analyze modern usages of proportionality across a wide range of contexts enabling a more complete comprehension of the values that it preserves. This book contrasts the applications of proportionality in both jus ad bellum (the law and morality of resort to force) and within jus in bello (the doctrines applicable for using force in the midst of conflicts). Proportionality in International Law provides the reader with a unique interdisciplinary approach, offering practitioners and policymakers alike greater clarity over how proportionality should be understood in theory and in practice.
There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.
This easy-to-read book guides clinicians through the parts of the Mental Capacity Act 2005 that they need to understand and use in their daily practice. This act now gives clinicians the authority to provide medical care and treatment to people (over 16 years) who lack the capacity to consent for themselves.
The right of States to use force extraterritorially is conditioned by requirements of necessity and proportionality. This book provides a much-needed detailed analysis of those requirements, and a coherent and up-to-date account of the applicable contemporary international law in this field.
The Best Interests Assessor (BIA) Practice Handbook is firmly grounded in real-life practice and remains the only textbook focusing directly on the BIA role. Offering clear and practical advice on the legal elements of the role, and the values and practice elements of working within the Deprivation of Liberty Safeguards (DoLS) framework, this is essential reading for BIA students and practitioners. This fully-updated edition takes account of recent legislative changes, including the planned changes from the Liberty Protection Safeguards (LPS), recent case law and the impact of the COVID-19 pandemic on BIA practice. Packed with advice on delivering effective, person-centred, rights-driven practice, it includes: • case studies; • legal summaries; • decision-making activities; • CPD support; • examples of new case law in practice. Looking forward, the book considers the new context for practice in the Approved Mental Capacity Professional (AMCP) role within the LPS and the potential roles that BIAs might fulfil in this new framework in the future.
First published in 1998, this book introduces a new concept of profitability, called the 'efficiency rate of profit', which is defined as the ratio between the unit net margin and the unit capital requirement and shows how the efficiency rate of profit may be used in the assessment of mechanization and economies of scale. The book also shows how the efficiency rate of profit relates to the financial opportunity cost of investment, thus resolving the long-standing controversy over 'interest as a cost'. Using real-world plant-level data, the book explains fully the process of mechanization, how increasing returns to scale works at the plant level through power rule relating plant or equipment cost to capacity and how and why it is more cost effective to combine mechanization with expanding the scale of production in one combined 'package' of efficiency improvement.
Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.
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Written by a senior examiner, Ray Powell, this AQA AS Economics Student Unit Guide is the essential study companion for Unit 1: Markets and Market Failure. This full-colour book includes all you need to know to prepare for your unit exam: clear guidance on the content of the unit, with topic summaries, knowledge check questions and a quick-reference index, examiner's advice throughout, so you will know what to expect in the exam and will be able to demonstrate the skills required and exam-style questions, with graded student responses, so you can see clearly what is required to get a better grade.