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Constrained Generalized Coordinates. When generalized coordinates are related kinematically, they are said to be constrained. These constraints are imposed by constraint forces that appear in any set of equations of motion. Constraints are nonholonomic if they are defined by differential equations that cannot be integrated to derive an algebraic form. Lagrange’s equations are derived for systems with constrained generalized coordinates using the concept of the configuration space. Physical restrictions are manifested in the configuration space as constraint surfaces. The associated constraint force is normal to this surface and is captured with a Lagrange multiplier. Several examples consider nonholonomic systems, while others explore systems that could be described by unconstrained coordinates, but constrained generalized coordinates simplify the analysis. A variety of computational algorithms are presented for solving the coupled set of Lagrange and constraint equations. These algorithms are applied to representative problems, one of which is a disk rolling over a flat surface. The closing section addresses systems with dry friction.
This chapter analyses the concept of jurisdiction, a central feature of territorial sovereignty. The principle of domestic jurisdiction is explained, followed by an examination of the various bases upon which criminal jurisdiction may be exercised by states under international law. The primary basis is the territorial principle, which clearly reflects the key principle of territorial sovereignty. However, jurisdiction may also be exercised on the grounds of nationality, a concept which is domestically defined but which may require international acceptance. Other grounds include the passive personality principle, the protective principle and the universality principle. In terms of the latter, examples may include war crimes and crimes against humanity. In addition, treaties may provide for jurisdiction beyond the accepted principles with regard to drug trafficking and slavery, the taking of hostages and hijacking. The chapter also discusses the effect of the US Alien Tort Statute in the framework of universal jurisdiction. The question of extraterritorial jurisdiction is also noted.
This chapter deals with the question of the sources of international law, that is, how one distinguishes between what is law and what is not. This is governed essentially by art. 38(1) of the Statute of the International Court of Justice. Historically, the first source is custom, which is composed of two elements: the actual conduct of states and the belief that such conduct is carried out in the belief that it is ‘law’. What is counted as state practice is examined, as is the critical belief requirement (opinio juris), which is often harder to ascertain. The process of change is discussed, as is the concept of local or regional custom. The second source, of increasing importance today, is international agreements or treaties, which are binding on all states parties to the particular agreement and is the focus of a later chapter. The third source is termed ‘general principles of law’, which seeks to cover gaps in the law by recourse to accepted principles of the system or of domestic law and includes the notion of equity. Finally, the chapter looks at subsidiary means for the determination of law, including judicial decisions and writings. Other possible sources of law are noted, and the work of the UN International Law Commission is referenced.
The chapter concerns the relationship between international law and domestic or municipal law. Theories of the relationship are referenced. The chapter then turns to the role of domestic or municipal law in international law, with the acceptance of the supremacy in the system of the latter. The chapter focuses, however, upon the role of international law within domestic legal systems with particular emphasis upon the UK. The various shifts in approach are noted with regard to customary international law and the current situation discussed, whereby custom constitutes a source of law and not a part of the common law upon which judges may draw. As far as treaties are concerned, these are not part of UK law unless incorporated. This avoids the situation whereby the executive may legislate merely by becoming a party to a treaty. The situation with regard to the US and other states in both the common law and civil law systems is then reviewed. The chapter ends with an examination of the doctrines of non-justiciability and act of state in various states.
This chapter considers the law of treaties in the light primarily of the key Vienna Convention on the Law of Treaties, 1969, much of which is considered as part of customary law. The chapter discusses the role and nature of international treaties in the light of their binding nature upon states parties (pacta sunt servanda). The making of treaties, from the formalities and methods of consent from signature to ratification, is covered before the chapter turns to reservations. The nature of reservations and their effect upon third parties is addressed is addressed as is the process of amendment of treaties. Consideration of treaty interpretation then follows with the various methodologies examined from the textual, intention and object, and purpose of the treaty points of view, with a careful look at case law. The particular position of human rights treaties in this process is noted. The chapter then turns to the invalidity, termination and suspension of treaties, including a discussion of the concepts of peremptory norms (jus cogens), material breach, supervening impossibility of performance and fundamental change of circumstances (rebus sic stantibus).
Fundamentals. The opening is a review of vector algebra and calculus concepts that are vital for the remainder of the book, including dot and cross products and derivatives of vector expressions. Attention is given to the use of matrix notation as an alternative to in-line notation for algebraic and computational operations. Newton’s laws for a particle initiate study of kinetics concepts, notably equations of motion, work-energy, and linear and angular momentum. Basic computational techniques are presented and applied to solve the differential equation of motion for a model rocket. The chapter closes with short biographies of many of the individuals whose work is the foundation of this book.
Australia is made up of many culturally distinct, unceded Aboriginal and Torres Strait Islander nations, which may create confusion when discussing issues facing our people. Throughout this chapter, we respectfully use the term ‘Indigenous Australians’ when collectively referring to Aboriginal and Torres Strait Islander people unless referring to specific individuals or groups who identify as either Aboriginal (person or descendant of Tasmania’s and/or mainland Australia’s traditional custodians) or Torres Strait Islander people (person or descendant of the Torres Strait Islands north of Queensland’s coast). We intend no disrespect and embrace our cultural diversity. Note: While many of the resources and references we use throughout this chapter use marginalising and stigmatising terminology, we do not endorse this practice.
In 2019, the Australian Nursing and Midwifery Accreditation Council (ANMAC) released the updated Registered Nurse Accreditation Standards. The new standards mandated that cultural safety for all people be included in programs of study. Within Australia, across a range of health-related documents, we are bombarded with terms such as ‘cultural competency’, ‘cultural humility’, ‘cultural responsibility’ and ‘cultural awareness’. There has been much confusion and foggy thinking about the meaning of cultural safety within Australia. This chapter outlines the development of Irihapeti Ramsden’s cultural safety framework. Cultural safety is placed within an historical context and is defined as a journey that all nurses and midwives need to undertake. Nursing and midwifery students are required to consider the potential influence of their own cultures on their nursing and midwifery practice. This chapter uses an Indigenist historical lens to explore the establishment of nursing in Australia, and therefore the ‘whiteness’ of nursing, and its impacts on Indigenous Australian peoples and our health.
This chapter deals with the peaceful settlement of disputes. It considers first the diplomatic methods of dispute settlement, being negotiation between the parties, the use of good offices and mediation by a third party, inquiry by a third party and conciliation by a third party producing a non-binding report. Relevant international instruments and cases are noted. The role of regional organisations is then covered, examining the functions of the African Union, the Organization of American States, the Arab League, and the various European institutions. The position of the specialised agencies of the UN is noted. The chapter next turns to the settlement of international economic disputes from the World Trade Organization, regional institutions, the World Bank, to the International Centre for Settlement of Investment Disputes and other mechanisms, including the use of bilateral investment treaties. Finally, the chapter considers arbitration as a binding method of third-party dispute settlement.
This chapter deals with the subjects of international law. The meaning of international legal personality is noted. The primary subject of the international system is the state and the conditions for the creation of statehood are examined (permanent population, defined territory, government and capacity to enter into relations with other states). Each of these conditions is examined. The role of self-determination in the context of the criteria of statehood is discussed, as is the function of recognition. The fundamental rights of states, such as independence and equality are noted. There then follow sections on particular kinds of states, such as protectorates and federal states, and then sui generis territorial entities, for example, mandated and trust territories in the past, territories under international administration, and entities of disputed status such as Taiwan, the Saharan Arab Democratic Republic, Kosovo and Palestine. Special cases such as the Sovereign Order of Malta, the Holy See and the Vatican City, and international corporations are covered before the right of peoples to self-determination is examined.
This chapter concerns the nature and role of the International Court of Justice. It begins by describing the organisation of the Court and the procedure for the appointment of the judges, then passes to the critical question of the jurisdiction of the Court. This is divided into interstate contentious jurisdiction and advisory jurisdiction. The former is based on consent, whether express or based upon a pre-existing obligation (whether a treaty or a declaration by the relevant states as deposited with the Court) as reflected in the Statute of the Court and its Rules. The sources of law, judicial propriety and legal interest are then considered, followed by an analysis of the question of evidence. The chapter turns to the indication of provisional measures, counterclaims and intervention by third parties. The question of remedies is then addressed, before the chapter turns to the advisory jurisdiction of the Court, where requested by the UN and its organs. The chapter concludes with a discussion of the role of the Court and the problem of the proliferation of courts and tribunals.
This chapter examines international humanitarian law or the laws of war or the laws of armed conflict. Its development is briefly traced and its substance based upon the four Geneva Conventions of 1949 examined. These cover the principles concerning the wounded and sick on land and on sea, the treatment of prisoners of war, and the protection of civilians in times of war. The scope and meaning of occupation is examined, ranging from the start of such occupation, the rights and duties of the occupying power and its cessation. In this context, the principles of self-determination and non-annexation of territory are noted. The relationship between international humanitarian law and international human rights law is then examined, followed by an analysis of the rules governing the conduct of hostilities. The status of non-international armed conflicts is considered, and then follows a survey of the pertinent principles governing cyber warfare. The chapter concludes with a look at the enforcement of international humanitarian law.