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The Application of Contracts in Developing Offshore Oil and Gas Projects
by Philip Loots Donald CharrettThis book provides a comprehensive overview of the key aspects and contracts involved in the process of developing oil and gas projects, with an emphasis on offshore developments. Project development in oil and gas carries with it numerous unique risks and challenges. By identifying and managing risk through the various contract stages, each stage of the project is seen in perspective and therefore gives readers a better understanding of how that stage was arrived at and what is expected to come later. To do this, the authors use illustrative international case studies from past and current projects, thereby deepening the reader’s understanding and awareness of risk from practical experience, as well as suggesting answers for those who are involved in developing oil and gas projects. The Application of Contracts in Developing Offshore Oil and Gas Projects is intended for project owners, project managers, contractors, finance managers, commercial managers and lawyers who seek to understand the subject from a practical point of view.
The Application of Contracts in Engineering and Construction Projects
by Donald CharrettWritten by an engineer and construction lawyer with many years of experience, The Application of Contracts in Engineering and Construction Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. Compiling papers written and edited by the author, it draws together a lifetime of lessons learned in these fields and covers the topics a practicing professional might encounter in such a project, developed in bite-sized chunks. Key topics included are: the engineer and the contract; the project and the contract; avoidance and resolution of disputes; forensic engineers and expert witnesses; and international construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into, and the consequences that may ensue if this is not done, makes The Application of Contracts in Engineering and Construction Projects essential reading for construction professionals, lawyers and students of construction law.
Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals: Implications for the Developing Countries (International Law and the Global South)
by Tanjina SharminThis book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.
Application of Systems Thinking to Health Policy & Public Health Ethics: Public Health and Private Illness (SpringerBriefs in Public Health #0)
by Michele Battle-FisherThis book looks at health policy through the lens of public versus private: population health versus the somatic, social, or emotional experiences of a patient. Rather than presenting policy/ethics as overly technical, this book takes a novel approach of framing public and private health in terms of political philosophy, ethics, and popular examples. Each chapter ties back to the general ethics or political literature as applicable, which are not customarily parts of the current public health curriculum. The author's work on the Orgcomplexity blog has touched on this subject by systemically exploring public policy issues, and the tone of this book mimics the blog with an extension of the arguments.
The Application of Teachings by the International Court of Justice (Studies on International Courts and Tribunals)
by Sondre Torp HelmersenHow do the judges of the International Court of Justice, the most authoritative court in international law, use teachings when deciding cases? This book is the first book-length examination of how teachings are used in an important international institution. It uses three different methodologies: a traditional legal analysis, an empirical analysis where citations of teachings are counted and interviews with judges and staff. Three main patterns are identified: teachings have generally low weight, but this weight varies between different works and between different judges. The book suggests explanations for the patterns it identifies, in order to contribute to understanding not only when and how teachings are used, but also why, and compares the Court's practice with that of other international courts and tribunals. This study fills a gap in the international legal literature and will be essential reading for scholars and practicing international lawyers.
The Application of the European Convention on Human Rights to Military Operations
by Stuart WallaceThe European Convention on Human Rights is being applied to military operations of every kind from internal operations in Russia and Turkey, to international armed conflicts in Iraq, Ukraine and elsewhere. This book exposes the challenge that this development presents to the integrity and universality of Convention rights. Can states realistically investigate all instances where life is lost during military operations? Can the Convention offer the same level of protection to soldiers in combat as it does to its citizens at home? How can we reconcile the application of the Convention with other international law applicable to military operations? This book offers detailed analysis of how the Convention applies to military operations of all kinds. It highlights the creeping relativism of the standards applied by the European Court of Human Rights to military operations and offers guidance on how to interpret and apply the Convention to military operations.
The Application of the Precautionary Principle in Practice
by Joakim ZanderThis overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses.
Applications and Techniques in Information Security: 10th International Conference, ATIS 2019, Thanjavur, India, November 22–24, 2019, Proceedings (Communications in Computer and Information Science #1116)
by V. S. Shankar Sriram V. Subramaniyaswamy N. Sasikaladevi Leo Zhang Lynn Batten Gang LiThis book constitutes the refereed proceedings of the 10th International Conference on Applications and Techniques in Information Security, ATIS 2019, held in Tamil Nadul, India, in November 2019.The 22 full papers and 2 short papers presented in the volume were carefully reviewed and selected from 50 submissions. The papers are organized in the following topical sections: information security; network security; intrusion detection system; authentication and key management system; security centric applications.
Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings: With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency
by Ola Johan SettemThis book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.
Applied Afro-Communitarian Ethics and Foreign Armed Intervention
by Danny SinghJust war theory concerns the morality of engaging in warfare, the conduct in war and justice – including democratization and reconstruction – in the aftermath to end war. The morality of war can be measured from a variety of military and philosophical ethics that include theological, consequentialist and realist schools of thought. Various military interventions, such as Bosnia, Afghanistan and Iraq, have been analyzed and evaluated and criticized from a Western and, especially, liberal point of view. In this book, Danny Singh addresses foreign interventions from a different normative paradigm. Namely, he addresses the morality of foreign military interventions in light of Afro-communitarianism, a dominant philosophical approach in sub-Saharan Africa. According to Afro-communitarianism, positive communal relationships/social harmony are the greatest good that can be achieved to form friendship (which can be understood as the combination of shared identity and goodwill). Even though Afro-communitarianism prioritizes peaceful communal relations, enmity-behavior and violence are morally permissible if it either leads to a less disharmonious state of affairs or to a harmonious state of affairs or there are no friendly alternatives to achieve any of both desired outcomes but the initiator of conflict desires to promote them. Moreover, Afro-communitarianism prescribes dialogue as a guiding action to avoid military conflict. The book provides an alternative, and non-Western, approach to the morality of war and efforts to promote sustainable peace in the aftermath of conflict between warring belligerent parties.
Applied Approaches to Societal Institutions and Economics: Essays in Honor of Moriki Hosoe (New Frontiers in Regional Science: Asian Perspectives #18)
by Tohru Naito Woohyung Lee Yasunori OuchidaThis book gives readers the theoretical and empirical methods to analyze applied economics. They are institutional economics, information economics, environmental economics, international economics, financial economics, industrial organization, public economics, law and economics, and spatial economics. Because the chapters of this book deal with current topics in these categories, they are relevant not only to researchers and graduate students but also to policy makers and entrepreneurs. As there is uncertainty about the global economy, it is necessary to consider optimal, efficient behavior to survive in the confused world. The book is organized in three parts. Part 1 deals with institutional economics, information economics, and related topics, approached through game theory. Part 2 focuses on environmental economics, international economics, and financial economics, through a microeconomic or econometric approach. Finally, Part 3 concentrates on public economics, social security, and related fields, through microeconomics or macroeconomics.
Applied Business Ethics
by Dean A. BredesonThe text applies practical ethical situations to real-world business settings and decisions. The text contains thought-provoking scenarios with up-to-the-minute issues that encourage active debate among peers.
Applied Cryptography and Network Security: 16th International Conference, ACNS 2018, Leuven, Belgium, July 2-4, 2018, Proceedings (Lecture Notes in Computer Science #10892)
by Bart Preneel Frederik VercauterenThis book constitutes the refereed proceedings of the 16th International Conference on on Applied Cryptography and Network Security, ACNS 2018, held in Leuven, Belgium, in July 2018. The 36 revised full papers presented were carefully reviewed and selected from 173 submissions. The papers were organized in topical sections named: Cryptographic Protocols; Side Channel Attacks and Tamper Resistance; Digital Signatures; Privacy Preserving Computation; Multi-party Computation; Symmetric Key Primitives; Symmetric Key Primitives; Symmetric Key Cryptanalysis; Public Key Encryption; Authentication and Biometrics; Cloud and Peer-to-peer Security.
Applied Ethics: An Introduction
by Robin AttfieldPhilosophy has provided us with a wealth of moral and ethical theories. Applied ethics is the study of practical moral issues and our best philosophical theories, and how each can inform the other. Acclaimed philosopher and textbook author Robin Attfield invites students to reflect on the key problems of our time. Through lively case studies of topics related to health care, international development, the environment, abortion, punishment and more, he reveals how standard ethical theories can be tested on these real-life scenarios and, if necessary, revised or discarded. Students are encouraged to be their own philosophers, exploring and reaching coherent stances across a wide range of areas of everyday concern. Covering a typical applied ethics syllabus in a comprehensive and accessible manner, Applied Ethics will motivate philosophy students to engage with the most pressing moral issues of the twenty-first century.
Applied Ethics: An Impartial Introduction
by Elizabeth Jackson Tyron Goldschmidt Dustin Crummett Rebecca ChanApplied Ethics: An Impartial Introduction prepares readers to evaluate selected classical and contemporary problems in applied ethics in a way that does justice to their complexity without sacrificing clarity or fairness of representation. Its balanced exposition and analysis, enhanced by helpful pedagogical features, make it an ideal book for introducing the ethics of real-life problems including abortion, animal rights, disability, the environment, poverty, and punishment.
Applied Ethics: A Non-Consequentialist Approach
by David S. OderbergApplied Ethics focuses the central concepts of traditional morality - rights, justice, the good, virtue, and the fundamental value of human life - on a number of pressing contemporary problems, including abortion, euthanasia, animals, capital punishment, and war.
Applied Ethics for Entrepreneurial Success: 2018 Griffiths School of Management Annual Conference (GSMAC) on Business, Entrepreneurship and Ethics (Springer Proceedings in Business and Economics)
by Sebastian Văduva Ioan Fotea Lois P. Văduva Randolph WiltThis proceedings volume examines the impact of ethics on business and entrepreneurship predominantly from the Romanian perspective. Featuring selected contributions from the 2018 Griffiths School of Management Annual Conference (GMSAC) on Business, Entrepreneurship and Ethics, this book investigates the impact of different social phenomena have upon the understanding and applicability of entrepreneurship and ethics, providing lessons for emerging economies. In emerging economies, entrepreneurship is often times associated with a negative image and entrepreneurs are seen in an unfavorable light. This is due in part to the fact that from a superficial perspective, entrepreneurial behavior does not always amalgamate well with ethical behavior. Entrepreneurship is often perceived as “success at all costs” with little regard to the interest of stakeholder and, sometimes, even the law. On the other hand, ethics are often viewed as metaphysical, having little to do with business, organizational and financial success. In actuality, ethical decisions are a significant part of an organization and ethical behaviors impact organizational culture. Beyond the moral aspects associated with business ethics, companies that practice ethical demeanor are more profitable because investors, employees and consumers seek out companies that engage in fair practices. Featuring contributions on topics such as medical ethics, business education, consumer behavior and governance, this book provides invaluable research and tools for students, professors, practitioners and policy makers in the field s of business, management, public administration and sociology.
Applied Ethics from Medicine to Humor (Integrated Science #21)
by Adela Cortina Mauricio Correa CasanovaApplied ethics is an essential part of practical knowledge in pluralistic and democratic societies. Its fundamental characteristic does not consist only in reflecting on the new moral realities of modern life, but also in guiding the deliberation and freedom of moral agents, people and institutions. This book comprises works on applied ethics by specialists from Spain and Chile. Some topics are well known for their extensive development and dissemination, such as biomedicine, country development, ecology, economics, enterprise and business, and professions. Others themes are presented with the novelty of current debates, such as neuroethics, sports, humor and the city. This book offers a broad look at each topic, and simultaneously provides a moral compass that ethically guides professors and researchers, students and professionals, in order to empower their activities and institutions.
Applied Ethics in Mental Health Care: An Interdisciplinary Reader (Basic Bioethics)
by Dominic A. Sisti Artur L. Caplan Hila Rimon-GreenspanDiscussions of key ethical dilemmas in mental health care, including consent, trauma and violence, addiction, confidentiality, and therapeutic boundaries.This book discusses some of the most critical ethical issues in mental health care today, including the moral dimensions of addiction, patient autonomy and compulsory treatment, privacy and confidentiality, and the definition of mental illness itself. Although debates over these issues are ongoing, there are few comprehensive resources for addressing such dilemmas in the practice of psychology, psychiatry, social work, and other behavioral and mental health care professions. This book meets that need, providing foundational background for undergraduate, graduate, and professional courses.Topics include central questions such as evolving views of the morality and pathology of deviant behavior; patient competence and the decision to refuse treatment; recognizing and treating people who have suffered trauma; addiction as illness; the therapist's responsibility to report dangerousness despite patient confidentiality; and boundaries for the therapist's interaction with patients outside of therapy, whether in the form of tennis games, gift-giving, or social media contact. For the most part the selections address contemporary issues in contemporary terms, but the book also offers a few historic or classic essays, including Thomas S. Szasz's controversial 1971 article “The Ethics of Addiction.”ContributorsLaura Weiss Roberts, Frederic G. Reamer, Charles P. O'Brien, and Thomas McLellan
Applied Ethics in Mental Health Care: An Interdisciplinary Reader
by Dominic A. Sisti Artur L. Caplan Hila Rimon-GreenspanThis book discusses some of the most critical ethical issues in mental health caretoday, including the moral dimensions of addiction, patient autonomy and compulsory treatment,privacy and confidentiality, and the definition of mental illness itself. Although debates overthese issues are ongoing, there are few comprehensive resources for addressing such dilemmas in thepractice of psychology, psychiatry, social work, and other behavioral and mental health careprofessions. This book meets that need, providing foundational background for undergraduate,graduate, and professional courses. Topics include central questions such asevolving views of the morality and pathology of deviant behavior; patient competence and thedecision to refuse treatment; recognizing and treating people who have suffered trauma; addiction asillness; the therapist's responsibility to report dangerousness despite patient confidentiality; andboundaries for the therapist's interaction with patients outside of therapy, whether in the form oftennis games, gift-giving, or social media contact. For the most part the selections addresscontemporary issues in contemporary terms, but the book also offers a few historic or classicessays, including Thomas S. Szasz's controversial 1971 article "The Ethics of Addiction. "Contributors include Laura Weiss Roberts, Frederic G. Reamer, Charles P. O'Brien, and ThomasMcLellan.
Applied Ethics in Mental Health Care: An Interdisciplinary Reader
by Dominic A. Sisti Artur L. Caplan Hila Rimon-GreenspanThis book discusses some of the most critical ethical issues in mental health caretoday, including the moral dimensions of addiction, patient autonomy and compulsory treatment,privacy and confidentiality, and the definition of mental illness itself. Although debates overthese issues are ongoing, there are few comprehensive resources for addressing such dilemmas in thepractice of psychology, psychiatry, social work, and other behavioral and mental health careprofessions. This book meets that need, providing foundational background for undergraduate,graduate, and professional courses. Topics include central questions such asevolving views of the morality and pathology of deviant behavior; patient competence and thedecision to refuse treatment; recognizing and treating people who have suffered trauma; addiction asillness; the therapist's responsibility to report dangerousness despite patient confidentiality; andboundaries for the therapist's interaction with patients outside of therapy, whether in the form oftennis games, gift-giving, or social media contact. For the most part the selections addresscontemporary issues in contemporary terms, but the book also offers a few historic or classicessays, including Thomas S. Szasz's controversial 1971 article "The Ethics of Addiction. "Contributors include Laura Weiss Roberts, Frederic G. Reamer, Charles P. O'Brien, and ThomasMcLellan.
The Applied Ethics of Emerging Military and Security Technologies (The Library of Essays on the Ethics of Emerging Technologies)
by Braden R. AllenbyThe essays in this volume illustrate the difficult real world ethical questions and issues arising from accelerating technological change in the military and security domains, and place those challenges in the context of rapidly shifting geopolitical and strategic frameworks. Specific technologies such as autonomous robotic systems, unmanned aerial vehicles, cybersecurity and cyberconflict, and biotechnology are highlighted, but the essays are chosen so that the broader implications of fundamental systemic change are identified and addressed. Additionally, an important consideration with many of these technologies is that even if they are initially designed and intended for military or security applications, they inevitably spread to civil society, where their application may raise very different ethical questions around such core values as privacy, security from criminal behaviour, and state police power. Accordingly, this volume is of interest to students of military or security domains, as well as to those interested in technology and society, and the philosophy of technology.
Applied Family Law in Islamic Courts: Shari’a Courts in Gaza (Islamic Law in Context)
by Nahda ShehadaWritten from an ethnographic perspective, this book investigates the socio-legal aspects of Islamic jurisprudence in Gaza-Palestine. It examines the way judges, lawyers and litigants operate with respect to the law and with each other, particularly given their different positions in the power structure within the court and within society at large. The book aims at elucidating ambivalences in the codified statutes that allow the actors to find practical solutions to their (often) legally unresolved problems and to manipulate the law. The book demonstrates that present-day judges are not only confronted with novel questions they have to find an answer to, but, perhaps more importantly, they are confronted with contradictions between the letter of codified law and their own notions of justice. The author reminds us that these notions of justice should not be set a priori; they are socially constructed in particular time and space. Making a substantial contribution to a number of theoretical debates on family law and gender, the book will appeal to both academic and non-academic readers alike.
Applied Issues in Investigative Interviewing, Eyewitness Memory, and Credibility Assessment
by Dorothee Griesel Marguerite Ternes Barry S. CooperContingent on funding being available, a Festschrift will be held in honor of Dr. John Yuille's career as a Forensic Psychologist. He has become one of the most visible and respected Canadian psychologists worldwide. In light of his upcoming retirement in December 2006, the Festschrift will recognize Dr. Yuille's achievements in the areas of eyewitness memory research (i.e., pioneering a new research paradigm that grants better validity), investigative interviewing (i.e., the development and use of the Step Wise Interview Protocol), and credibility assessment (i.e., introducing Statement Validity Analysis to North America). New directions for future work will be explored at the workshop. The focus of this Festschrift will be three-fold: 1. International. Dr. Yuille's work has influenced law enforcement practices and stimulated research in and outside of Canada. The international and multicultural aspects of the work that Dr. Yuille has inspired will be reflected and promoted by this workshop. 2. Interdisciplinary. Dr. Yuille is internationally known as an expert, consultant and trainer to law enforcement. As such, Dr. Yuille's work has also influenced other disciplines, e.g., the law, social work, oral history. The participants of this Festschrift will gain insight into other professionals' perspectives and foster potential collaborations on future projects. 3. Emphasis on applied research. A hallmark of Dr. Yuille's research has been the application of field and archival methods, which made his work directly applicable to forensically relevant contexts. The potential future directions of applied forensic research will be discussed at this Festschrift. The importance of the subject at this time: - A lack of integrative models in the literatures of eyewitness memory and the assessment of truthfulness and deception. Presenters of the Festschrift have recently developed such models and will discuss them at the Festschrift. Publishing these models and their discussions will spark further research to validate or modify them. - New, pioneering field research based on such integrative models has recently been conducted. This book would be one of the first publications of the results.
Applied Jewish Values in Social Sciences and Psychology
by Yossi Ives Michael Ben-Avie Kate LoewenthalThis volume interweaves concepts and methods from psychology and other social sciences with Jewish ideas and practices in order to address contemporary social issues. This volume brings together pioneering research from scholars in such fields as psychology, education, and religious studies. The authors integrate insights from Jewish texts and practices with the methods and concepts of the social sciences to create interventions that promote the well-being of children, adults, families, communities, and society. Divided into three sections - Education, Psychological Well-Being, Society and Beyond- this book shows how this integrationist approach can deepen our understanding and generate new insights around pressing social challenges to impact positive change in the lives of people and communities.