Search results

This chapter focuses on the US Civil War of 1861–1864, the application of the laws of war to a civil war, and gives great attention to US Army General Order 100 (aka The Lieber Code), the first set of laws to direct and constrain the behavior of troops in the field.

There does not exist any precise definition of ‘development’. In view of the indispensability of an interpretation of this concept a degree of speculation seems to exist in a development process. This is the reason this chapter has been included in this work. No scholar has precisely defined ‘development’ and ‘developing’ countries. It is believed that indigenous people know best what would be most suitable for them for development of their country. However, any discussion of these topics becomes incomplete, controversial, etc. in the absence of any precise definition. This chapter is no exception to this although an attempt has been made to outline development.

Clause 1 [General Provisions] contains the provisions that in many contracts are bundled together under the ‘miscellaneous’ or ‘other provisions’ heading and includes a list of definitions, some interpretation principles, rules on communication between the Parties, documents forming the Contract, assignment, confidentiality etc. But Clause 1 also contains other provisions, like the Employer's right to use documentation and other deliverables provided by the Contractor (in other contracts usually referred to as a license to use), and a substantive Sub-Clause on limitation of liability.

The role of construction industry in harnessing human and material resources of a nation cannot be overemphasised; hence, the emergence of the requirement of leadership. This study aims to assess the usage of factors of transactional leadership style (TSLS) by the project managers (PMs) in the Nigeria construction industry.

A survey research design approach with questionnaire as an instrument of gathering data was adopted. Out of 1,233 questionnaires distributed, data from 975 received with acceptable feedback were analysed using both descriptive and inferential statistics.

This study revealed the following factors under active management by exception as the TSLS factors often employed by PMs in Nigeria. These factors are the three frequently used factors: they are: “always give clear and final instructions to be implemented in the project”; “always observed the progress of the project, assessed risk and took precaution to avoid mistakes in the project”; and “always closely monitor performance for errors needing correction”. This study concludes that it is imperative for PMs in the study area to adopt and incorporate these factors to ensure continuous successful delivery of construction projects.

Therefore, it is hoped that the findings of this research will help the construction industry managers to address the age-long but unrecognised leadership problem confronting the sector, thereby boosting project delivery.

The findings establish the appropriateness or otherwise of adoption of factors of transactional leadership, either in part or a whole.

Clause 17 addresses issues relating to the care of the Works (i.e. the risk of incidental loss or damage to the Works) and the indemnities provided by the Contractor and the Employer, as well as the shared indemnities. It may not make perfect sense to bundle care of the Works in the same Clause as indemnities, but they sit together for historic reasons as Clause 17 in the 1999 edition included liabilities as well as care of the Works and indemnities and, therefore, provided a comprehensive approach to risks, liabilities and indemnities. In the 2017 edition, the main provisions on liabilities have been moved to Sub-Clause 1.15 [Limitation of Liability]. The passing of risk (the care of the Works) is addressed in Sub-Clause 17.1 [Responsibility for Care of the Works]; some exceptions to the allocation of this risk are stated in Sub-Clause 17.2 [Liability for Care of the Works]. Indemnities are dealt with in the remaining Sub-Clauses: Sub-Clauses 17.3 [Intellectual and Industrial Property Rights], 17.4 [Indemnities by Contractor], 17.5 [Indemnities by Employer], and 17.6 [Shared Indemnities].

This chapter examines the explosion in International Humanitarian Law between the US Civil War and World War I. The primary foci are the Hague Conventions on land warfare and the Geneva Conventions for the sick and wounded. This body of treaties is the foundation of IHL and the modern laws of war. Most of central issues in the international laws of war emerge in this period.