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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.



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.



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 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.



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.



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.



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.



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.



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.



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.



The Human Rights Treaty Obligations of Peacekeepers

The Human Rights Treaty Obligations of Peacekeepers Author Kjetil Mujezinović Larsen
ISBN-10 9781107017078
Release 2012-07-12
Pages 473
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Develops a coherent and realistic legal framework which strengthens the human rights protection and the accountability mechanisms in peace operations.



The Threat of Force in International Law

The Threat of Force in International Law Author Nikolas Stürchler
ISBN-10 9781139464918
Release 2007-07-19
Pages
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Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.



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.



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.



The Oxford Handbook of the Use of Force in International Law

The Oxford Handbook of the Use of Force in International Law Author Marc Weller
ISBN-10 9780191653902
Release 2015-01-15
Pages 1328
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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.