This is the “not do” component. It is also somewhat harder to define. After all, who determines the duty to care and the non-compliance thereto in unique emergency situations? Still, this component is more likely to lead to a recovery of damages. Put differently, when you are under a legal duty to take reasonable care and you do not do it, then you could be held liable for damages that are directly caused by the breach of that duty. The key elements are “reasonable care” and “directly caused”. Let’s break that down, starting with directly caused. This means that the damages are linked directly to the failure to perform the reasonable duty. This is called a causal connection. In other words, there must be a connection between the duty not complied with and the damages. deep diving are so hazardous that it may well be better to only jeopardise the life of one individual rather than two. That is, of course, as long as no one is put at risk during the subsequent body recovery or rescue efforts! Well, as a qualified instructor and dive leader, I shall continue to teach and advocate the buddy system. I do not like the idea of diving alone anyway. I prefer to share the joys of diving with someone able to share the memories of the dive. To me, diving is, and remains, a team sport. Which introduces another consideration: How would the principle of duty to take care be applied to children who dive? Training agencies impose age and depth restrictions on children who enter the sport before the age of 14. Depending on the age and diving course, a child may be required to dive with an instructor or at least another adult dive buddy. If the adult were to get into trouble, the child would not be expected to meet the duty of care of another adult. He/she would be held to an age appropriate standard. What about all those waivers? As mentioned in the previous article, waivers define the boundaries of the self-imposed risk divers are willing to take by requiring that they acknowledge them. Waivers do not remove all the potential claims for negligence and non-compliance with a duty of care. As such, it is left to our courts to ultimately interpret the content of a waiver within the actual context of damage or injury.

Alert Diver is the dive industry’s leading publication. Featuring DAN’s core content of dive safety, research, education and medical information, each issue is a must-read reference, archived and shared by passionate scuba enthusiasts. In addition, Alert Diver showcases fascinating dive destinations and marine environmental topics through images from the world’s greatest underwater photographers and stories from the most experienced and eloquent dive journalists in the business.

Audiobook The Nature and Authority of Precedent on any device Read now : http://yp.filetrends.club/?book=0521713366 Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not bind judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.

ePUB download The Principle of Proportionality (SpringerBriefs in Law) Free download and Read online Get Free : http://ebookexprees.com/?book=9400757743 The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.

Download now : http://yp.filetrends.club/?book=1849469709 by Maurice Adams Read ebook Judging Europe s Judges: The Legitimacy of the Case Law of the European Court of Justice Download file After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court s output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship.

Download now : http://yp.filetrends.club/?book=0521634083&raf=Custom%2C+Power+++the+Power+of+Rules%3A+International+Relations+and+Customary+International+Law by Michael Byers Ebook download Custom, Power the Power of Rules: International Relations and Customary International Law Unlimited This book sets out to explain the most foundational aspect of international law in international relations terms. By doing so it goes straight to the central problem of international law - that although legally speaking all states are equal, socially speaking they clearly are not. As such it is an ambitious and controversial book which will be of interest to all international relations scholars and students and practitioners of international law.

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Audiobook Cooperation in the Law of Transboundary Water Resources (Cambridge Studies in International and Comparative Law) Ebook Download : http://ebookexprees.com/?book=1316500594 Climate change, population growth and the increasing demand for water are all capable of leading to disputes over transboundary water systems. Dealing with these challenges will require the enhancing of adaptive capacity, the improving of the quality of water-resources management and a reduction in the risk of conflict between riparian states. Such changes can only be brought about through significant international cooperation. Christina Leb s analysis of the duty to cooperate and the related rights and obligations highlights the interlinkages between this duty and the principles of equitable and reasonable utilisation and the prevention of transboundary harm. In doing so, she considers the law applicable to both international watercourses and transboundary aquifers, and explores the complementarities and interaction between the rules of international water law and the related obligations of climate change and human rights law.

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Download now : http://yp.filetrends.club/?book=0199597049&raf=Treaty+Interpretation+%28Oxford+International+Law+Library%29 by Richard Gardiner PDF Treaty Interpretation (Oxford International Law Library) For Android This book explains the rules for interpretation of treaties and gives examples of their application in national and international jurisdictions. The rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties now apply to virtually all treaties which may be encountered in an international context and also within national legal systems where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, and also some administrators, diplomats, and officials at international organisations, are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Now that the codified rules of treaty interpretation have been in force for some twenty-five years, there is a considerable body of case law on their application. This case law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

Whole genome amplification was being developed in 1992. This technique is used for amplifying the entire genome from very small amount of genomic DNA; this helps in increasing the quantity of limited DNA samples, and so any gene can be studied in the organism by preserving the limited sample. Whole genome amplification is a useful technique and has various applications such as forensics and genetic disease research, apart from this, there are new techniques such as array comparative genomic hybridization (CGH) and next-generation sequencing, where a few DNA quantities but analyses is required. There are also various whole genome amplification techniques that are developed wherein they differ both in the protocol as well as replication accuracy. Whole genome amplification techniques utilize the principals of polymerase chain reaction (PCR) so as to copy enzymatically the DNA contained within a sample. Moreover, the amplification of the whole genome is non-specific and theoretically provides an increased amount in the copy number of all genomic sequences. The application of whole genome amplification is mostly in research studies where small DNA samples are regularly encountered. These applications comprise creation of probes from microdissected or flow-sorted chromosomes, preimplantation genetic diagnosis, and study of ancient DNA samples.

Audiobook Complete Guide to Wills Ebook Read now : http://ebookexprees.com/?book=1601383126 Whether many people realize it or not, a will is a vital necessity in making sure all assets and wishes are properly attended to after death. Yet, according to a recent lawyers survey, more than 55 percent of all American adults do not have a will, assuming that because they do not have substantial assets, it is an unnecessary task. Many more people neglect it because it seems too complex and time consuming. Fortunately, with this guide in hand, you will have a comprehensive outlook on exactly what a will entails and what you need to do to prepare one. You will learn the basics of estate planning, starting with the outlining of your assets and understanding the various different forms of ownership style. The real and personal property lines, including how your marriage, children, and other legal relationships will affect your property rights, are included. You will learn what value life insurance can have and why every one should have an active policy before creating a will. In addition, you will learn how to measure and distribute assets from a pension, other retirement accounts, and if you own your own business. The difference between a trust and will is provided along with a reason why you should have both in hand at all times. You will learn what the probate court process entails and how attorneys and other legal issues factor into the process. Once the will creation process has begun, sections on how to decide the guardianship of your children and how to handle specific problem situations, such as marriage issues, disabilities, grandchildren you might care for, excess debt, and bankruptcy are provided. You will learn how to make sure your estate is taken care of so that there are no disputes amongst your family after your passing. Dozens of interviews were conducted with attorneys, tax accountants, and other experts to establish a set of clear guidelines to help you ensure your will is created with the best of everyone in mind. You will learn how to minimize th

Free eBooks Judicial Deliberations: A Comparative Analysis of Transparency and Legitimacy (Oxford Studies in European Law) Best Ebook download Get : http://ebookexprees.com/?book=0199575169 Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach.

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Download now : http://yp.filetrends.club/?book=1781003106&raf=International+Investment+Law%3A+Text%2C+Cases+and+Materials by Krista Nadakavukaren Schefer PDF International Investment Law: Text, Cases and Materials Full access This detailed yet concise textbook is a complete introduction to the law of international investment protection. With chapters on the sources of investment law, expropriation, treaty-based principles of protection, dispute settlement, and investment insurance, the text offers instructors a tool to use in its entirety or selectively, on its own or combined with other materials. Written principally for law students, the book contains numerous excerpts from many of the most influential arbitration decisions. This case-book style allows the readers to become familiar with reading opinions, whilst at the same time, the explanations accompanying the case materials eases the task of grasping the core reasoning contained in the decisions. It also makes the book suitable for non-legal readers interested in the processes and implications of mandatory state protection of alien property. The author s balanced handling of differing interpretations of investment treaty provisions leaves room for the reader to question majority approaches and form an informed opinion. The reader s understanding is reinforced by probing questions throughout the book, and Thoughts from an Expert sections by renowned practitioners and scholars provide an interesting additional insight into the fast-growing area of investment law and investor-state arbitrations. Key features include: Balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake. Concise - suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area. Excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don t learn in a theoretical vacuum. Questions throughout encourage the reader to come to their own opinions. Thoughts from an Expert pieces from renowned practitioners and scholars provide additional insight into

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Download now : http://yp.filetrends.club/?book=0521199093&raf=International+Dispute+Settlement by J. G. Merrills Ebook download International Dispute Settlement Get Ebook Trial A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Download now : http://yp.filetrends.club/?book=0521153395 by J. G. Merrills Epub Download International Dispute Settlement, Fifth Edition Unlimited A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Download now : http://yp.filetrends.club/?book=1782545522 by Ann Black Epub Download Modern Perspectives on Islamic Law Full access This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman - the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers

Download now : http://yp.filetrends.club/?book=0700620141&raf=Yamashita+s+Ghost%3A+War+Crimes%2C+MacArthur+s+Justice%2C+and+Command+Accountability+%28Modern+War+Studies%29 by Allan A. Ryan any format Yamashita s Ghost: War Crimes, MacArthur s Justice, and Command Accountability (Modern War Studies) Reading Free "I don t blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan s most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines - rape, murder, torture, beheadings, and starvation, the victims often women and children - were horrific. They were committed by Japanese troops as General Douglas MacArthur s army tried to recapture the islands. Yamashita commanded Japan s dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army s own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita s lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal s transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case s lingering question-should a commander be held accountable for the crimes of his tro

Download now : http://yp.filetrends.club/?book=1782546081&raf=International+Investment+Law%3A+Text%2C+Cases+and+Materials by Krista Nadakavukaren Schefer Read ebook International Investment Law: Text, Cases and Materials Reading Free This detailed yet concise textbook is a complete introduction to the law of international investment protection. With chapters on the sources of investment law, expropriation, treaty-based principles of protection, dispute settlement, and investment insurance, the text offers instructors a tool to use in its entirety or selectively, on its own or combined with other materials. Written principally for law students, the book contains numerous excerpts from many of the most influential arbitration decisions. This case-book style allows the readers to become familiar with reading opinions, whilst at the same time, the explanations accompanying the case materials eases the task of grasping the core reasoning contained in the decisions. It also makes the book suitable for non-legal readers interested in the processes and implications of mandatory state protection of alien property. The author s balanced handling of differing interpretations of investment treaty provisions leaves room for the reader to question majority approaches and form an informed opinion. The reader s understanding is reinforced by probing questions throughout the book, and Thoughts from an Expert sections by renowned practitioners and scholars provide an interesting additional insight into the fast-growing area of investment law and investor-state arbitrations. Key features include: Balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake. Concise - suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area. Excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don t learn in a theoretical vacuum. Questions throughout encourage the reader to come to their own opinions. Thoughts from an Expert pieces from renowned practitioners and scholars provide additional insight into

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