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The purpose of this thesis is to identify the rules of public international law governing the jurisdictional immunities of the armed forces of one State present in the territory of another State with the latter’s consent. The thesis is divided into three main parts. The first part considers the general principles of international law governing the exercise of jurisdiction over visiting armed forces and describes the historical evolution of the jurisdictional immunities enjoyed by such forces. The second part examines the legal arrangements adopted by the European Union and its Member States in order to define the immunities of personnel acting in the context of the European Security and Defence Policy in the form of a case-study. The third part draws together and assesses the findings of the preceding-two parts. The jurisdictional immunities of visiting armed forces have received insufficient attention in the academic literature, and considerable ambiguities remain concerning the current position of customary international law in this area. The thesis argues that it is possible to identify a separate ‘law of visiting forces’ in customary international law, though it would go too far to consider this law a self-contained regime along the lines of the law of diplomatic immunity. Not only is the ‘law of visiting forces’ more rudimentary than the highly developed and detailed rules governing diplomatic relations, but a combination of factors has so far prevented the emergence of a uniform legal regime in this field. Instead, several distinct regimes governing the status of different types of visiting forces have developed in international practice, in particular the rules applied in peace support operations and those applied in the context of structured military cooperation between politically equal partners. Whenever possible, States and international organizations prefer to regulate the legal position of visiting armed forces by way of international agreements. Certain elements of these agreements have developed into norms of customary international law, yet the existence of significant variation in treaty practice means that the relevant legal arrangements have not passed into customary international law in toto.

It is now accepted that multimodal transport plays a key role in international trade and commerce, yet its' liability regime is uncertain and unpredictable. A sound liability regime is essential to bring certainty and enhance the development of this mode of transport. In international trade, goods may be carried in a variety of ways by sea, road, and rail or by air. These are not the only ways that goods are carried. Increasingly, goods are being carried by a combination of modes, which has come to be known as multimodal transport. As long as international transport continues, damage and loss to goods carried will occur such incidences are usually followed by a variety of claims and compensations. When such loss or damage occurs during carriage by a single mode, the liability of the carrier is regulated by one of the international transport conventions. However, when such loss or damage occurs during multimodal carriage, there is no such regulation available. What might apply is one of the international conventions applicable in unimodal transport, if the loss or damage can be localised to a particular mode. This stems from the fact that these conventions are mandatory and multimodal transport is regarded as a combination of modes. When it is not possible to predict when loss or damage occurred, the problem it creates is uncertainty and unpredictability as to the liability regime applicable. Following the attempts made over the past decades, in which attention has been focused on seeking a predictable liability regime in multimodal transport through existing mandatory law and model contracts, a consensus has emerged that unimodal solutions cannot be used to solve multimodal problems. In the light of these discussions, this thesis argues that multimodal transport is different and deserves a liability regime that will reflect its nature and bring about predictability. And the conclusion favoured in this work is a leadership role for multimodal transport, to lead rather than be led by unimodal transport.

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The works in this document illustrate the difficulties in implementing measures based on the Anglo American model to improve corporate governance in four Asian countries; Korea, China, Malaysia and Japan. The evidence shows that corporate governance transformations in these countries have brought about conflict between newly adopted governance mechanisms and the existing domestic environment. I argue that attempts to improve corporate governance through adopting models from foreign jurisdictions cause enormous complications, and that their adoption is often prompted by a flawed belief that they will naturally bring about order to corporate governance in the host country. The works in this document also explore the impact of transplanting Anglo American employment practices (an important constituent of the Anglo American corporate governance model) on employment relations in Asian countries. Employment relationships in these countries, traditionally characterised by norms of life long employment, promotion and remuneration based on seniority and strong 'familial' relations between employers and workers, are increasingly being undermined by Anglo American employment practices which promote certain forms of labour flexibility, erode trust between employer and workers and encourage increasing reliance on formal legal rights to protect interests. I conclude that Asian countries need to ensure that laws and practices which are adopted to advance corporate success are appropriate for their domestic environments. The works in this document contribute to the study of corporate governance in three ways. First, it contributes to an understanding of the problems and practicalities in implementing the Anglo American model across different national systems. Second, it contributes to the growing literature on this subject in Asian countries, a significant area of growth in the world economy. Third, it generates ideas which may be useful in instigating empirical research to investigate further impacts on Asian corporate governance of the adoption of foreign models.

This thesis briefly examines the changing nature of punishment in England and the origins of the probation service. From its religious roots probation became a professional organisation, probation and social work shared the same qualification. The 1960's was the golden age of the treatment ideal, case work techniques were employed to work with offenders on their problems, which were seen as being located in their life experience. The service expanded taking responsibility for prison welfare and offering support to prisoners on discharge. Optimism in the ability to reduce reoffending waned in the 1970's, although probation officers had almost total autonomy. Seniors offered supervision and carried small caseloads themselves. In 1984 the Home Office set priorities for the service and with the threat of 'cash limiting' made it clear that management had to co-operate. Reports from the Audit Commission and the National Audit Office continued the drive for stronger management as well questioning the relevance of social work. The Criminal Justice Act 1991 introduced the notion of 'just deserts'. My interviews with informants highlight these tensions and pressures. The 1992 and 1995 versions of National Standards for the supervision of offenders changed the nature of probation to one of administering punishment and this is considered in depth. The service has become stratified, with low morale as officers adjust to a risk focused, more punitive and highly regulated organisation. Notions of actuarial justice, case management replacing individual case work, and the use of set unchangeable programmes with offenders are evaluated. Links with social work ended in 1995 and the change of government has not affected moves to turn probation into a correctional agency. Probation remains a political issue and its future is located within contemporary thought on the changing nature of community control, particularly of minority groups where probation historically held a commitment to anti-discriminatory practice. The reflection of the informants is that the old ethos of 'advise, assist and befriend' is evolving into one of 'control and monitor'.

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