bluuebunny/crossref_metadata_2025_split huggingface dataset:
Extraterritorial Use of Force Against Non-State Actors
Authors: Lubell Noam 
Published: September 2010

Abstract
This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the ‘war on terror’, but are not limited to this context, and the analysis in this book covers a more definable scope: unilateral, extraterritorial, forcible measures against non-state actors. Three frameworks of international law are examined. These are the framework of international law regulating the resort to force in the territory of other states, the law of armed conflict, and international human rights law. The book examines the applicability of these frameworks to extraterritorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence, the lawfulness of measures that do not conform to the parameters of self-defence, the classification of extraterritorial force against non-state actors as armed conflict, the ‘war on terror’ as an armed conflict, the laws of armed conflict regulating force against groups and individuals, the extraterritorial applicability of international human rights law, and the regulation of forcible measures under human rights law.
The Parameters of Self-Defence
Authors: Lubell Noam 
Published: September 2010

Abstract
This chapter examines the conditions and rules attached to the exercise of self-defence, with particular reference to circumstances involving non-state actors. The requirement of necessity is shown to have added importance in measures against non-state actors. Also examined are the question of a threshold for an attack to be considered an armed attack triggering self-defence, and the concept of accumulation of attacks. The possibility of pre-emptive or anticipatory self-defence against non-state actors is analysed, as is the proportionality of self-defence.
Status of Individuals and the Regulation of Force
Authors: Lubell Noam 
Published: September 2010

Abstract
This chapter delves into the content of the rules applicable to extraterritorial armed conflicts against non-state actors. Detailed attention is given to the status of individuals under international humanitarian law, and whether members of armed groups should be considered as civilians or combatants. This includes examination of the notions of direct participation in hostilities and unlawful combatants. Following this, the chapter examines challenges in the humanitarian law rules regulating force against non-state actors, in the context of both large scale and small scale operations.
Forfeiture in Scotland
Authors: Houston R. A. 
Published: September 2010

Abstract
Suicide was a crime punishable by forfeiture of goods to the crown and fiscal sources provide the best sources for analysing Scottish suicide. After assessing how other European countries enforced this punishment, the law and practice of forfeiture are explained. The crown in Scotland used forfeiture as an instrument of government by personal lordship, drawing suicide survivors into a relationship based on gifting and gratitude. The chapter covers formal and informal means of handling the often problematic aftermath of suicide. Topics covered include the law of forfeiture, its geography, how violent suicide was, and the financial effects on survivors. The chapter focuses on 1550–‐1700 and offers reasons for the rise and fall of suicide forfeiture that shed light on many social, legal, and political developments.
The Secularization of Suicide?
Authors: Houston R. A. 
Published: September 2010

Abstract
It is conventionally assumed that suicide became secularized in the eighteenth century as religious understandings gave way to medical ones. This chapter explains the origins of this assumption and charts the hybrid of religious and secular understandings of suicide's causes that co‐existed throughout the early modern period. It shows how little the Devil mattered to Calvinists, who instead stressed the positive side of suicidal thoughts for salvation. The distinctively different intellectual approaches of English and Scottish thinkers are shown in both sermons and philosophical writings. Enlightenment arguments in favour of suicide were marginal to most understandings, which remained firmly grounded in Christian morality.
The Metaphysics of Basic Acts I: The Existence of Actions
Authors: Moore Michael S. 
Published: September 2010

AbstractActions, being a species of events, suffer with events general scepticisms about the mind-independent existence of such items. Metaphysical realism about events is more difficult to accept for some theorists than is a like realism about physical objects. Reasons are given not to succumb to such scepticisms about actions and events.
The Normative Basis for theActus ReusRequirement
Authors: Moore Michael S. 
Published: September 2010

AbstractThe normative justifications for the actus reus requirement are usually gathered under one rubric, the so-called ‘principle of legality.’ ‘The’ principle is in reality an amalgam of nine legal doctrines overlappingly justified by four different values (fairness, equality, liberty, and democracy). These values collectively justify limiting punishments to acts clearly prescribed in advance by criminal legislation. They only provide a limited justification for why retributive justice is served by observing the formalities demanded by the principle.
The Canadian Charter of Rights and Freedoms
Authors: Hiebert Janet L. 
Published: September 2010

Abstract
The adoption of the Canadian Charter of Rights and Freedoms in 1982 has been the most radical break ever made in the constitution and legal traditions of the nation. The Charter changed the basic governing principle upon which the Canadian political system was founded: the supremacy of Parliament. By including it into the Constitution, the legislations of federal and provincial governments which were then beyond judicial reproach are now under court review to determine the consistency of the legislations to the rule of law and to pinpoint breaches that would render the legislations invalid. However, the Charter also introduced a serious tension with the constitutional pillar of Canada: federalism. This article discusses the Charter's implications on the Canadian political system since its adoption in 1982. The intersection of the Charter with federalism provides a glimpse into the promotion of identities based on “Canadianness” at the expense of “competing regional loyalties,” the defederalization of political culture, and the homogenization of the legislation. The article also discusses the implications of the Charter for the parliamentary character of Canadian politics. Three of the sections of the Charter are examined here: the limitation clause of section 1, the notwithstanding clause of section 33, and the equality rights of section 15. All of these three sections have aided the framing of the kind of rights the Charter would represent and each has revealed the manner in which the Charter had influenced legislation and political behavior.
Political Parties and the Practice of Brokerage Politics
Authors: Carty R. Kenneth , Cross William 
Published: September 2010

Abstract
Political parties are significant to Canadian politics. They are central to the workings and the nature of the country. Despite their prominent role in the defining of the Canadian political life and in shaping the country's democratic processes, Canadian political parties are among the most organizationally weak and decentralized parties in an established democratic party system. Unregulated and underinstitutionalized, the political parties of Canada remain unchanged from the cadre-style structures of the mid-nineteenth century. The parliament and the electoral system with which they work has changed a little, but while they position themselves within a wider society and its governing institutions, Canadian political parties were forced to adapt to the social, economic, and demographic changes that continually reshaped Canadian society. This article discusses political parties in Canadian politics. It discusses the distinctive character of brokerage party politics by Canadian parties and the organizational structures they have developed. The article also discusses the internal life of the parties and their ability to perform functions demanded of them as principal institutions of democratic linkage.
Women in Canadian Politics
Authors: O'Neill Brenda , Young Lisa 
Published: September 2010

Abstract
This article provides an overview of Canadian women's political orientations, and their collective action through feminism. It discusses the participation of women in politics as individual citizens and as voters. The article also discusses the formal political arena and traces the efforts to elucidate women's persistent numerical and substantive underrepresentation in Canadian legislatures. It concludes with an overview of public policies that affect women's social and economic equality.
Health Care
Authors: Marchildon Gregory P. 
Published: September 2010

Abstract
The political and administrative organization of health care in Canada is marked by inherent complexity and diversity. Health care in Canada is not characterized by a single health care system; rather, there are many health care systems operating within the country. All levels of government, from the federal, to the provincial, to the territorial, and to local government, are involved at varying degrees in the administration, financing, and delivery of public health care. The private sector has a dominant role in health care as well. This involvement of the public and private sectors in the delivery of public health care and the line between public and private sectors within health care have remained hotly disputed issues. Political parties that are conservative and market oriented emphasize individual responsibility, the impact of incentives on individuals, and the limits of government funding, as well as the administering and delivering of health care. Political parties who are marked by a more social–moral ethos, on the other hand, highlight the role of collective responsibility, the obstacles to access to health care due to patient fees, and the administrative efficiencies of a single-payer public administration. In addition, there has been a debate on the role of the central government in a federation where the provinces have considerable authority and responsibility under the current constitution and where the unrelenting threat of Quebec secession has pushed the federation for asymmetrical administrative arrangements. This article discusses the politics of health care in Canada. It discusses the political history of Canadian health care, the contemporary political organization of the nation's health care, and the federal–provincial collaboration and conflict on issues of health care.
Democratic Reform: The Search for Guiding Principles
Authors: Seidle F. Leslie 
Published: September 2010

AbstractThis article discusses the continuing efforts of Canada in reforming its political institutions to emulate a representative government and a democratized government. It discusses the objectives and principles underlying the pressures for the democratic reform of the nation. The core of the article is the analysis of the several measures taken by Canada to reform the senate, the electoral system, and the regulation of political finance and related matters. The article concludes with a discussion of why, despite considerable efforts, the changes sought have not come about in the first two areas.
Theories of Intelligence
Authors: Gill Peter 
Published: September 2010

AbstractThe discipline of intelligence studies to date has spent relatively little time on theorizing. In the practice of intelligence, theories are crucial in creating applications that address the agencies's core mandate: the protection of national security. This article discusses theories of intelligence, its structures and process, and its failures and successes. It identifies the key features of the current context for intelligence, determine some of the contributions of theory to the analysis of intelligence and its place within the contemporary government, specifically, what is required if intelligence is to facilitate rather than damage democracy. Apart from providing practical applications for the betterment of safeguarding national security, theories of intelligence have a crucial contribution to public education. There is a danger that people may come to believe that failures are not only inevitable but a permanent condition, hence, there is an indispensable obligation to elucidate complex matters in such a way that reason does not submit to security panics. For most of history, intelligence has been used to oppress, and in many parts of the world, it still is used in this way. Those who live in liberal democratic regimes with advanced intelligence systems, it is their obligation to ensure those systems catch up with the changing face of intelligence governance as well as in informing developments in nonliberal systems so that intelligence will provide security without sacrificing hard-won rights.
The Rise of the U.S. Intelligence System, 1917–1977
Authors: Warner Michael 
Published: September 2010

Abstract
Between 1917 and 1977, the United States created a massive and sophisticated intelligence establishment to inform the decisions of its leaders and facilitate the success of their policies. At the beginning, the nation's armed forces held crude notions of military intelligence. By 1977, the United States had the most sophisticated and expensive intelligence system. This rise of intelligence was the United States's response to three challenges: the growing willingness of states to hold non-combatants at risk for political ends; the startling increases in the ability of the states to wreak havoc; and the spiraling expenses in deterring enemies who possessed new powerful weapons. This article discusses the early development of the U.S. Intelligence in 1917 and its expansion to an “Intelligence Community” from 1977 onwards. It also discusses the influences on the development of American intelligence system and the political strains that come along with the development of the intelligence system.
Signals Intelligence in War and Power Politics, 1914–2010
Authors: Ferris John 
Published: September 2010

AbstractThis article discusses signals intelligence in war and power politics. Signals intelligence is the most secretive and significant source of intelligence. It has many parts such as: the elint (electronic intelligence) which derives information from assessing electronic emissions and the communication intelligence which derives information from reading encrypted messages. Signal intelligence is relevant as it is highly reliable. Aside from its reliability, like other forms of intelligence, signal intelligence aids in the proper execution of policies, aids developing military tactics, and influences diplomatic bargaining. In this article, discussions include: the emergence of signals intelligence; open diplomacy and diplomatic codebreaking; Ultra and Enigma signals intelligence and the industrialization of signals intelligence through the introduction of computers that specializes in cryptology.
The Evolution of International Collaboration in the Global Intelligence Era
Authors: Clift A. Denis 
Published: September 2010

Abstract
This article discusses the evolution of the internal collaboration in procuring intelligence specifically in the global intelligence era. After the 9/11 attack and the passage of the 2004 Intelligence Reform and Terrorism Prevention Act, the U.S. entered the era of national intelligence. This era is marked by the joining of domestic and foreign intelligence into national intelligence. The Director of National Intelligence (DNI) was formed and the DNI was tasked of ensuring that foreign intelligence and domestic law enforcement agencies worked together in ways never before with information needed to protect the U.S. citizen. In this new era, it has become apparent that U.S. intelligence alone cannot collect and analyze data, the information, and the intelligence necessary to meet its responsibilities and carry out its mandate of safe-guarding the nation. Sharing arrangements and international intelligence partnerships hence became significant and essential. Effective international collaboration has become a new standard which measured the effectiveness and the accountability of the Intelligence Community.
The Dilemma of Open Sources intelligence: Is OSINT Really Intelligence?
Authors: Hulnick Arthur S. 
Published: September 2010

Abstract
This article discusses the significance and the downside of Open Resources Intelligence (OSINT) to the American intelligence system. Before the 9/11 attack, the American intelligence system was always ambivalent towards intelligence material derived from open sources including media, journals, and other publicly available sources. However, in the wake of the September 11 bombing, OSINT found a new appreciation on the part of legislators and intelligence managers. This newfound interest on open sources resulted in the creation of a new office dedicated to Open Source which is under the direction of the Director of National Intelligence and which is managed by the CIA. Although in previous years, OSINT was seen as unnecessary to national intelligence due to the tendency of the low reliability of sources arising from the misinformation, secret messages, disinformation, and nonsense content of OSINT sources, the OSINT when properly used is believed to be as crucial as the most secretive and expensive aspects of intelligence collection. Together with other forms of intelligence collection, OSINT provides information about adversaries and enemies. Properly interpreted, OSINT can be just as enlightening as a well-informed secret agent, or an image from an unmanned spy aircraft. In the end, what is most significant is the system'S ability to give sound judgments to decision makers.
Decision Advantage and the Nature of Intelligence Analysis
Authors: Sims Jennifer E. 
Published: September 2010

Abstract
This article discusses intelligence analysis and the importance of an analyst equipped with critical thinking and sound reasoning in producing good intelligence analysis. Producing good intelligence analysis requires reasoning and critical thinking on the part of the analysts. In addition, they are also tasked with recognizing and coping with deception as well as influencing decision-makers without conveying preference on the choices available. This restraint in conveying preference should not, however, prevent the intelligence analyst from caring about his side of success or the outcomes of the policies they are supposed to inform. Successful intelligence provides advantages to decision-makers they would not otherwise have, so an analyst must know the frame of mind of the decision-maker and the strategy to help the policymaker to succeed. Intelligence is a building of the relationship of trust and collaboration between partners seeking wins for their team. Good intelligence is both subjective and objective and herein lies the essence of the analyst's conundrum: to be an expert and critical thinker, targeted for manipulation, legally denied relevant knowledge, responsible for advising, but prohibited from judging. The practice of intelligence analysis, the collection of information, the anticipation of an opponent's moves, the conveying of knowledge through assessments and estimates, and the collaboration and trust in the analyst and policymaker's relationship forms the focus of this article.
Intelligence Analysis in an Uncertain Environment
Authors: Nolte William M. 
Published: September 2010

AbstractThis article discusses intelligence analysis in an uncertain environment. It discusses the development of intelligence analysis and the challenges faced by the intelligence services at the end of the Cold War. While the Cold War ended one aspect of the national security environment, it was preceded by the information revolution. The duration of this transforming change, its pervasive impact, and its two-edged implications make this the center of any effort to renew twenty-first-century analysis and analytic methodology. The article also discusses the still ongoing information revolution. In this environment, information scarcity was the norm not the exception. In the twentieth century, with the rise of totalitarian regimes whose first order of business was information control in the service of state security, even the flows of information formerly available, were closed off. This development forced responses even from democratic states. One direct consequence was the development of better and more complex intelligence organizations to collect, evaluate, and analyze information. The other, slightly more indirect, was the increase in the emphasis on covertly acquired information, with the resulting devaluation of information openly acquired. This development, in the Second World War, accelerated in the Cold War, especially in what became a “golden age of technical intelligence”. Other topics included are: the fiduciary relationship between the analyst and client, the development of analytic research, and the ethics of twenty-first-century analysis.
The Policymaker-Intelligence Relationship
Authors: Lowenthal Mark M. 
Published: September 2010

Abstract
This article focuses on the policymaker and intelligence analyst relationship which is central to intelligence. The article proceeds from three main points: the centrality of analyst relationship with the consumer; the notion that intelligence's meaningful function is to serve as a larger apparatus for policymakers; and the strict boundary between policymakers and intelligence officers where intelligence officers are expected to distance themselves from creating preferences and recommendations. In the policymaker-intelligence relationship, the relationship should be dominated by the policymakers who have contested and won an election. Policymakers have the right to govern, set budgets, make decisions, and order operations. Second, intelligence is a service provided to policymakers. Although intelligence is an important and useful part of the policy process, its role should be determined by the policymakers and not by the intelligence agencies.
On Uncertainty and the Limits of Intelligence
Authors: Jackson Peter 
Published: September 2010

Abstract
This article discusses the uncertainty and the limits of intelligence. Despite revolutionary changes in the practice of intelligence, the nature and the essence of intelligence work has not changed even in the most fundamental sense. Uncertainty and limits still dominate the intelligence system. Among the “enemies” and limitations of intelligence are: time and space constraints; organization boundaries; politicization; and cognitive limits and ideological preconceptions. Careful consideration of these issues point to the conclusion that not only will decision makers and policy formulators continue to operate in an environment of uncertainty, but also that levels of uncertainty are liable to increase in direct relation to the importance of the issues at stake.