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Author: Anna Scheithauer
Publisher: GRIN Verlag
ISBN: 3668370931
Category : Law
Languages : en
Pages : 17
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Book Description
Case Study from the year 2015 in the subject Politics - Topic: Public International Law and Human Rights, grade: 71 (Distinction) UK Sytem, University College London (School of Public Policy), language: English, abstract: In this essay I have argued that the added-value of the HRCSP lies in the special rapporteurs’ (SR) role as facilitators for norm compliance. Doing so, I have focusd on the post-9/11 debate on the use of armed drones for targeted killings in military and counter-terrorism operations. Its main point of contention surrounds the achievement of consistency in legal standards, as well as of coherent policy responses with view to the “war on terror”, which has led some states to prioritize security concerns over human rights (HR) and humanitarian standards. In presenting my argument I have made reference to actor behavior theory to show the nexus between HRCSP and strategic agency. Thereby, I have concentrated on mechanisms of social influence such as coercion, persuasion, incentives, and capacity building as identified by Risse and Popp (R&P). (2013, 12-22) Also, I have addressd the element of acculturation, found as a major force for compliance by Goodmann and Jinks (G&J) (2004), and touch on domestic mechanisms, such as executive power, litigation, and group demands (Simmons, 2009), and the power of domestic constituencies (Dai, 2004). During the analysis, I have been mindful of a possible crowding-out effect as suggested by G&J, where one social mechanism could negatively affect the operation of another. (2013, 105) In this sense I have elaborated on the opportunities and challenges of the HRCSP regarding compliance with the right to life in human rights law (HRL) and humanitarian law (IHL) with view to targeted killings. I have focused on the HRCSP because they embody the permanent tools of the Human Rights Council (HRC) composed of independent experts, compared to the Universal Periodic Review (UPR), which, due to its politicized nature, is rather silent on the subject matter. The analysis has shown how the Special Rapporteur for Extrajudicial, Summary and Arbitrary Executions (SRESAE) and the Special Rapporteur on Terrorism and Human Rights (SRTHR), in concerted action and by application of various elements of socialization, facilitate the compliance process. I have concluded that the SR are not an end but a means for achieving compliance. There is also no one solution regarding the socialization process, which seems to strongly depend on the right sequencing of elements sensitive to certain scope conditions and the level, or “continuum of commitment” (Dai, 2013, 86-87), states prescribe themselves to depending often on domestic mechanisms of influence
Author: Anna Scheithauer
Publisher: GRIN Verlag
ISBN: 3668370931
Category : Law
Languages : en
Pages : 17
Get Book Here
Book Description
Case Study from the year 2015 in the subject Politics - Topic: Public International Law and Human Rights, grade: 71 (Distinction) UK Sytem, University College London (School of Public Policy), language: English, abstract: In this essay I have argued that the added-value of the HRCSP lies in the special rapporteurs’ (SR) role as facilitators for norm compliance. Doing so, I have focusd on the post-9/11 debate on the use of armed drones for targeted killings in military and counter-terrorism operations. Its main point of contention surrounds the achievement of consistency in legal standards, as well as of coherent policy responses with view to the “war on terror”, which has led some states to prioritize security concerns over human rights (HR) and humanitarian standards. In presenting my argument I have made reference to actor behavior theory to show the nexus between HRCSP and strategic agency. Thereby, I have concentrated on mechanisms of social influence such as coercion, persuasion, incentives, and capacity building as identified by Risse and Popp (R&P). (2013, 12-22) Also, I have addressd the element of acculturation, found as a major force for compliance by Goodmann and Jinks (G&J) (2004), and touch on domestic mechanisms, such as executive power, litigation, and group demands (Simmons, 2009), and the power of domestic constituencies (Dai, 2004). During the analysis, I have been mindful of a possible crowding-out effect as suggested by G&J, where one social mechanism could negatively affect the operation of another. (2013, 105) In this sense I have elaborated on the opportunities and challenges of the HRCSP regarding compliance with the right to life in human rights law (HRL) and humanitarian law (IHL) with view to targeted killings. I have focused on the HRCSP because they embody the permanent tools of the Human Rights Council (HRC) composed of independent experts, compared to the Universal Periodic Review (UPR), which, due to its politicized nature, is rather silent on the subject matter. The analysis has shown how the Special Rapporteur for Extrajudicial, Summary and Arbitrary Executions (SRESAE) and the Special Rapporteur on Terrorism and Human Rights (SRTHR), in concerted action and by application of various elements of socialization, facilitate the compliance process. I have concluded that the SR are not an end but a means for achieving compliance. There is also no one solution regarding the socialization process, which seems to strongly depend on the right sequencing of elements sensitive to certain scope conditions and the level, or “continuum of commitment” (Dai, 2013, 86-87), states prescribe themselves to depending often on domestic mechanisms of influence
Author: Anna Scheithauer
Publisher: Grin Publishing
ISBN: 9783668370944
Category :
Languages : en
Pages : 16
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Book Description
Essay from the year 2015 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 71 (Distinction) UK Sytem, University College London (School of Public Policy), language: English, abstract: In this essay I have argued that the added-value of the HRCSP lies in the special rapporteurs' (SR) role as facilitators for norm compliance. Doing so, I have focusd on the post-9/11 debate on the use of armed drones for targeted killings in military and counter-terrorism operations. Its main point of contention surrounds the achievement of consistency in legal standards, as well as of coherent policy responses with view to the "war on terror," which has led some states to prioritize security concerns over human rights (HR) and humanitarian standards. In presenting my argument I have made reference to actor behavior theory to show the nexus between HRCSP and strategic agency. Thereby, I have concentrated on mechanisms of social influence such as coercion, persuasion, incentives, and capacity building as identified by Risse and Popp (R&P). (2013, 12-22) Also, I have addressd the element of acculturation, found as a major force for compliance by Goodmann and Jinks (G&J) (2004), and touch on domestic mechanisms, such as executive power, litigation, and group demands (Simmons, 2009), and the power of domestic constituencies (Dai, 2004). During the analysis, I have been mindful of a possible crowding-out effect as suggested by G&J, where one social mechanism could negatively affect the operation of another. (2013, 105) In this sense I have elaborated on the opportunities and challenges of the HRCSP regarding compliance with the right to life in human rights law (HRL) and humanitarian law (IHL) with view to targeted killings. I have focused on the HRCSP because they embody the permanent tools of the Human Rights Council (HRC) composed of independent experts, compared to the Universal Periodic Review (UPR), which, due to its politic
Author:
Publisher: KW Publishers Pvt Ltd
ISBN: 9385714023
Category :
Languages : en
Pages : 186
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Book Description
Unmanned aerial systems, popularly known as drones, have been in the news for all sorts of reasons—good and bad. The media has focussed equally on them for their use in hunting down terrorists and quickly eliminating them, as also for the inadvertent killing of innocent civilians and collateral damage to private property. Infringement of sovereignty is another pertinent area of international concern. Though historically associated with military missions, drones are increasingly proving their utility for internal security and disaster management. Lately, civilian and commercial uses are also proliferating. Indeed, drones have truly become a versatile flying platform. As an aerial machine, drones have started encroaching upon the common-user air space and are striving to integrate their operations with manned military aircraft and civil airliners. The problems of air traffic management and compliance of safety measures are formidable while civil and commercial uses infringe upon personal privacy and property rights. Third-party liability is another important issue for settlement. Comprehensive regulations to handle incumbent problems are not yet in place even as drones are racing ahead in technological development and operational mandates. This book will find interested audience among managers of aviation and air space, as well as persons from the Air Forces worldwide. It will also be of relevance to practising lawyers on air litigation, scholars of air law, as well as the aware layman.
Author: Girish Agarwal
Publisher: Taylor & Francis
ISBN: 1000625532
Category : Law
Languages : en
Pages : 197
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Book Description
This book examines rights issues in relation to visual privacy in the use of civilian drones. Here, visual privacy is described as the freedom from a combination of unwanted activities directed towards an individual, such as observing, recording, and publishing of personal visual information without an individual’s consent. The book answers the question of whether visual observation of an individual with the help of the camera systems onboard a civilian drone is lawful in light of EU law. It also discusses the legality of the subsequent recordings and publications. The issues are considered in terms of the European Convention of Human Rights, the Charter of Fundamental Rights of the European Union, the case law of the European Court of Human Rights and the Court of Justice of the European Union and EU General Data Protection Regulation. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of technology, privacy and human rights law.
Author: David Hastings Dunn
Publisher: Cambridge University Press
ISBN: 1009451510
Category : Political Science
Languages : en
Pages : 189
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Book Description
The central argument set out in this Element is that the combination of a perceived radical change in the threat environment post 9/11, and the new capabilities afforded by the long silent reach of the drone, have put pressure on the previously accepted legal frameworks justifying the use of force. This has resulted in disagreements - both articulated and unarticulated - in how the Western allies should respond to both the legal and operational innovations in the use of force that drones have catalysed. The Element focuses on the responses of the UK, France, and Germany to these developments in the context of the changing US approach to the use of force. Locating itself at the interface of international law and politics, this is the first attempt to look at the interplay between technological innovations, legal justifications, and inter-alliance politics in the context of the use of armed drones.
Author: Shima D. Keene
Publisher: Lulu.com
ISBN: 9781329784628
Category : Reference
Languages : en
Pages : 66
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Book Description
"While supporters claim that drone warfare is not only legal but ethical and wise, others have suggested that drones are prohibited weapons under International Humanitarian Law (IHL) because they cause, or have the effect of causing, indiscriminate killings of civilians, such as those in the vicinity of a targeted person. The main legal justification made by the Barack Obama Administration for the use of armed drones is self-defense. However, there is ambiguity as to whether this argument can justify a number of recent attacks by the United States. In order to determine the legality of armed drone strikes, other factors such as sovereignty, proportionality, the legitimacy of individual targets, and the methods used for the selection of targets must also be considered. One justification for the ethical landscape is the reduced amount of collateral damage relative to other forms of strike. Real time eyes on target allow last-minute decisions and monitoring for unintended victims, and precise tracking of the target through multiple systems allows further refinements of proportionality. However, this is of little benefit if the definition of 'targets' is itself flawed and encompasses noncombatants and unconnected civilians. This monograph provides a number of specific recommendations intended to ensure that the benefits of drone warfare are weighed against medium- and long-term second order effects in order to measure whether targeted killings are serving their intended purpose of countering terrorism rather than encouraging and fueling it"--Publisher's web site.
Author: Aleš Završnik
Publisher: Springer
ISBN: 3319237608
Category : Social Science
Languages : en
Pages : 273
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Book Description
This book tackles the regulatory issues of Unmanned Aerial Systems (UAS) or Remotely-Piloted Aerial Systems (RPAS), which have profound consequences for privacy, security and other fundamental liberties. Collectively known as “drones,” they were initially deployed for military purposes: reconnaissance, surveillance and extrajudicial executions. Today, we are witnessing a growth of their use into the civilian and humanitarian domain. They are increasingly used for goals as diverse as news gathering, aerial inspection of oil refinery flare stacks, mapping of the Amazonian rain-forest, crop spraying and search and rescue operations. The civil use of drones is becoming a reality in the European Union and in the US.The drone revolution may be a new technological revolution. Proliferation of the next generation of “recreational” drones show how drones will be sold as any other consumer item. The cultural perception of the technology is shifting, as drones are increasingly being used for humanitarian activities, on one hand, but they can also firmly be situated in the prevailing modes of postmodern governance on the other hand. This work will be of interest to researchers in Criminology and Criminal Justice interested in issues related to surveillance, security, privacy, and technology. It will also provide a criminological background for related legal issues, such as privacy law, aviation law, international criminal law, and comparative law.
Author: B. Strawser
Publisher: Springer
ISBN: 1137432632
Category : Political Science
Languages : en
Pages : 203
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Book Description
Does the lethal use of drones pose any new or difficult moral problems? Or is the controversy over these weapons merely a distraction from deeper questions regarding the justice of war and the United States' bellicose foreign policy? Opposing Perspectives on the Drone Debate pulls no punches in answering these questions as five scholars square off in a lively debate over the ethics of drones and their contentious use in a point-counterpoint debate. The contributing authors are some of the foremost thinkers in international affairs today, spanning the disciplines of philosophy, sociology, political science, and law. Topics debated range from the US's contested policy of so-called "targeted killing" in Pakistan's tribal regions to fears over the damaging effects such weaponry has on our democratic institutions to the more abstract moral questions raised by killing via remote control such as the duty to capture over kill.
Author: Ronald Schnitker
Publisher:
ISBN: 9789462361980
Category : Drone aircraft
Languages : en
Pages : 382
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Book Description
This book provides an in-depth study on prevailing drone law and policy in order to achieve a seamless integration of drone technology into the legal order of civil aviation.
Author: Stuart Casey-Maslen
Publisher: BRILL
ISBN: 9004363262
Category : Law
Languages : en
Pages : 267
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Book Description
Drone strikes have become a key feature of counterterrorism operations in an increasing number of countries. This work explores the different domestic and international legal regimes that govern the manufacture, transfer, and use of armed drones. Chapters assess the legality of armed drones under jus ad bellum, the law of armed conflict, the law of law enforcement, international human rights law, international criminal law and domestic civil and criminal law. The book also discusses the application of law to fully autonomous weapons systems where computer algorithms decide who or what to target and when to fire.
