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State Control over Private Military and Security Companies in Armed Conflict

State Control over Private Military and Security Companies in Armed Conflict Author Hannah Tonkin
ISBN-10 9781139499453
Release 2011-08-11
Pages
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The past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.



Investment Law Within International Law

Investment Law Within International Law Author Freya Baetens
ISBN-10 9781107038882
Release 2013-08-01
Pages 568
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Analyses how solutions for resolving problems in investment law contribute to addressing problems in other international legal settings, and vice versa.



Global Public Interest in International Investment Law

Global Public Interest in International Investment Law Author Andreas Kulick
ISBN-10 9781107021761
Release 2012-07-12
Pages 378
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Outlines a general theory of whether and how to include public interest concerns in the realm of international investment law.



Privatizing War

Privatizing War Author Lindsey Cameron
ISBN-10 9781107328686
Release 2013-03-07
Pages
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A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.



The Market for Force

The Market for Force Author Deborah D. Avant
ISBN-10 0521615356
Release 2005-07-25
Pages 310
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Deborah Avant examines the privatization of security and its impact on the control of force. She describes the growth of private security companies, explains how the industry works, and describes its range of customers - including states, non-government organisations and commercial transnational corporations.



Guant namo and Beyond

Guant  namo and Beyond Author Fionnuala Ni Aoláin
ISBN-10 9781107009219
Release 2013-08-26
Pages 385
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This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.



The Law of Internal Armed Conflict

The Law of Internal Armed Conflict Author Lindsay Moir
ISBN-10 1139431730
Release 2002-01-03
Pages
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Laws regulating armed conflict have existed for centuries, but the bulk of these provisions have been concerned with wars between states. Relatively little attention has been paid to the enormously important area of internal armed conflict. At a time when international armed conflicts are vastly outnumbered by domestic disputes, this book seeks to redress the balance through a comprehensive analysis of those rules which exist in international law to protect civilians during internal armed conflict. From regulations in the nineteenth and early twentieth centuries according to the doctrine of recognition of belligerency, this book traces the subsequent development of international law by the Geneva Conventions and their additional Protocols, as well as through the more recent jurisprudence of the Yugoslav and Rwandan tribunals. The book also considers the application of human rights law during internal armed conflict, before assessing how effectively the applicable law is, and can be, enforced.



The Right to Reparation in International Law for Victims of Armed Conflict

The Right to Reparation in International Law for Victims of Armed Conflict Author Christine Evans
ISBN-10 9781107019973
Release 2012-06-28
Pages 277
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Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.



The Logic of Violence in Civil War

The Logic of Violence in Civil War Author Stathis N. Kalyvas
ISBN-10 113945692X
Release 2006-05-01
Pages
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By analytically decoupling war and violence, this book explores the causes and dynamics of violence in civil war. Against the prevailing view that such violence is an instance of impenetrable madness, the book demonstrates that there is logic to it and that it has much less to do with collective emotions, ideologies, and cultures than currently believed. Kalyvas specifies a novel theory of selective violence: it is jointly produced by political actors seeking information and individual civilians trying to avoid the worst but also grabbing what opportunities their predicament affords them. Violence, he finds, is never a simple reflection of the optimal strategy of its users; its profoundly interactive character defeats simple maximization logics while producing surprising outcomes, such as relative nonviolence in the 'frontlines' of civil war.



Cyber Warfare and the Laws of War

Cyber Warfare and the Laws of War Author Heather Harrison Dinniss
ISBN-10 9781107011083
Release 2012-07-19
Pages 331
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An analysis of the status of computer network attacks in international law.



Inducing Compliance with International Humanitarian Law

Inducing Compliance with International Humanitarian Law Author Heike Krieger
ISBN-10 9781107102057
Release 2015-07-22
Pages 600
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Evaluates various means of inducing compliance with international humanitarian law by state and non-state actors.



Necessity Proportionality and the Use of Force by States

Necessity  Proportionality and the Use of Force by States Author Judith Gardam
ISBN-10 1139456172
Release 2004-11-18
Pages
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There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.



The Future of African Customary Law

The Future of African Customary Law Author Jeanmarie Fenrich
ISBN-10 9781139497824
Release 2011-07-18
Pages
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Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law and international human rights treaties. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. The volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights and intestate succession; and the relationship between customary law, human rights and gender equality.



Theatre of the Rule of Law

Theatre of the Rule of Law Author Stephen Humphreys
ISBN-10 9781139495332
Release 2010-11-11
Pages
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.



Contracting Out to Private Military and Security Companies

Contracting Out to Private Military and Security Companies Author Nikolaos Tzifakis
ISBN-10 9782930632186
Release 2012-04-29
Pages 65
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PDF can be downloaded for free from: http://martenscentre.eu/publications/contracting-out-private-military-and-security-companies The global trend for contracting out the supply of military and security services is growing. Security is being transformed from a service for the public or common good into a privately provided service. This paper argues that the implications of outsourcing security services to private agencies are neither a positive nor negative phenomenon. However, proper regulation of private military and security services is important. The author recommends that states should determine their 'inherently governmental functions' and keep these functions out of the market's reach.



Armed Conflict and Displacement

Armed Conflict and Displacement Author Mélanie Jacques
ISBN-10 9781139560481
Release 2012-09-20
Pages
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With 'displacement' as the guiding thread, the purpose of this study is twofold. Firstly, it derives from the relevant provisions of international humanitarian law a legal framework for the protection of displaced persons in armed conflict, both from and during displacement. It contains a case study on Israeli settlements in the Occupied Palestinian Territory and the recent Advisory Opinion on the Separation Wall, and addresses such issues as humanitarian assistance for displaced persons, the treatment of refugees in the hands of a party to a conflict and the militarisation of refugee camps. Secondly, it examines the issue of displacement within the broader context of civilian war victims and identifies and addresses the normative gaps of international humanitarian law, including the inadequacy of concepts such as 'protected persons' and the persistence of the dichotomy between international and non-international armed conflicts, which is at odds with the realities of contemporary armed conflicts.



Accountability of Armed Opposition Groups in International Law

Accountability of Armed Opposition Groups in International Law Author Liesbeth Zegveld
ISBN-10 9781139437950
Release 2002-07-25
Pages
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Who is accountable under international law for the acts committed by armed opposition groups? In today's world the majority of political conflicts involve non-state actors attempting to exert political influence (such as overthrowing a government or bringing about secession). Notwithstanding their impact on the course of events, however, we often know little about these groups, and even less about how to treat their actions legally. In this award-winning scholarship, Liesbeth Zegveld examines the need to legally identify the parties involved when internal conflicts arise, and the reality of their demands for rights. Her study draws upon international humanitarian law, human rights law and international criminal law to consider a fundamental question: who is accountable for the acts committed by non-state actors, or for the failure to prevent or repress these acts? This study will be of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.