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Author: Frauke Lachenmann
Publisher: Oxford University Press
ISBN: 0198784627
Category : Law
Languages : en
Pages : 1473
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Book Description
This volume collects articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, to facilitate easy access to content from the leading reference work in international law.
Author: Frauke Lachenmann
Publisher: Oxford University Press
ISBN: 0198784627
Category : Law
Languages : en
Pages : 1473
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Book Description
This volume collects articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, to facilitate easy access to content from the leading reference work in international law.
Author: Mohamad Ghazi Janaby
Publisher: Springer
ISBN: 3319422316
Category : Law
Languages : en
Pages : 250
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Book Description
This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law – “mercenary”, “combatant” or “civilian” – be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.
Author: Hin-Yan Liu
Publisher: Bloomsbury Publishing
ISBN: 1782259627
Category : Law
Languages : en
Pages : 506
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Book Description
When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.
Author: Stephen Tully
Publisher: Kluwer Law International B.V.
ISBN: 9041141898
Category : Law
Languages : en
Pages : 583
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Book Description
This book provides a systematic and structured treatment of the responsibilities of corporations under the broad conception of international law emerging from these developments, gathered under the headings of environmental protection and sustainable development, international criminal law, corporate governance, labour standards, and human rights. Touching upon a variety of areas of law and legal process – including corporations law, tort law, criminal law, contract law, securities regulation, international trade, taxation, and accounting standards – the analysis emphasises the principal applicable international legal instruments and jurisprudence and the procedural mechanisms, processes, and fora by which corporations may be adjudged responsible. Each chapter goes on to identify practical considerations for corporations as well as for those who advise and manage them.
Author: Konstantinos Mastorodimos
Publisher: Taylor & Francis
ISBN: 1134800541
Category : Law
Languages : en
Pages : 302
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Book Description
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Author: Bertrand G. Ramcharan
Publisher: BRILL
ISBN: 9004535055
Category : Law
Languages : en
Pages : 1420
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Book Description
The human rights movement strives to develop a universal culture of human rights in all societies, as well as to confront gross violations. This book, the first ever of its kind, is a veritable State of the World Report on Human Rights. It reproduces summaries by UN High Commissioners for Human Rights on the state of the national human rights protection systems of each UN Member State. These summaries were sent following each state’s passage through the Universal Periodic Review (UPR) process of the UN Human Rights Council. The summaries identify each state’s constitutional, legal, judicial and institutional architecture, international conventions not yet ratified, areas of progress, problem areas, and problems affecting different parts of the population. The High Commissioners’ summaries reproduced here are preceded by insightful reflections on the concept of a national human rights protection system, and by regional outlines of national human rights protection systems in the Americas and the Caribbean, Europe Africa, Asia and the Pacific. The book also contains some case studies of the national human rights protection systems of sample states such as Australia, Bhutan, Brazil, Canada, Democratic Republic of the Congo, Guyana, Portugal, Switzerland, Sweden, and South Africa.
Author: Peter Warren Singer
Publisher: Cornell University Press
ISBN: 9780801474361
Category : Business & Economics
Languages : en
Pages : 364
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Book Description
Some have claimed that "War is too important to be left to the generals," but P. W. Singer asks "What about the business executives?" Breaking out of the guns-for-hire mold of traditional mercenaries, corporations now sell skills and services that until recently only state militaries possessed. Their products range from trained commando teams to strategic advice from generals. This new "Privatized Military Industry" encompasses hundreds of companies, thousands of employees, and billions of dollars in revenue. Whether as proxies or suppliers, such firms have participated in wars in Africa, Asia, the Balkans, and Latin America. More recently, they have become a key element in U.S. military operations. Private corporations working for profit now sway the course of national and international conflict, but the consequences have been little explored. In this book, Singer provides the first account of the military services industry and its broader implications. Corporate Warriors includes a description of how the business works, as well as portraits of each of the basic types of companies: military providers that offer troops for tactical operations; military consultants that supply expert advice and training; and military support companies that sell logistics, intelligence, and engineering. In an updated edition of P. W. Singer's classic account of the military services industry and its broader implications, the author describes the continuing importance of that industry in the Iraq War. This conflict has amply borne out Singer's argument that the privatization of warfare allows startling new capabilities and efficiencies in the ways that war is carried out. At the same time, however, Singer finds that the introduction of the profit motive onto the battlefield raises troubling questions--for democracy, for ethics, for management, for human rights, and for national security.
Author: Chavanne L. Peercy
Publisher: Springer
ISBN: 1137282509
Category : Political Science
Languages : en
Pages : 319
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Book Description
This book provides an in-depth analysis into the ways in which local leaders impact internationally-led democratic transition. Using three key case studies, Burundi, Cambodia and Liberia, it re-evaluates current transition paradigms delivering a new framework for understanding the roles of local leaders in democratic transition and peacebuilding.
Author: Christophe Paulussen
Publisher: Springer Nature
ISBN: 9462653550
Category : Law
Languages : en
Pages : 373
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Book Description
In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.
Author: John P. Pace
Publisher: Oxford University Press
ISBN: 0192608223
Category : Law
Languages : en
Pages : 840
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Book Description
In this book, John P. Pace provides the most complete account to-date of the United Nations human rights programme, both in substance and in chronological breadth. Pace worked at the heart of this programme for over thirty years, including as the Secretary of the Commission on Human Rights, and Coordinator of the World Conference on Human Rights, which took place in Vienna in 1993. He traces the issues taken up by the Commission after its launch in 1946, and the methods undertaken to enhance absorption and domestication of international human rights standards. He lays out the special procedures carried out by the UN, and the emergence of international human rights law. The book then turns to the establishment of the Office of the High Commissioner for Human Rights and the mainstreaming of human rights across the United Nations system, eventually leading to the establishment of the Human Rights Council to replace the Commission in 2006. Many of the problems we face today, including conflict, poverty, and environmental issues, have their roots in human rights problems. This book identifies what has been done at the international level in the past, and points towards what still needs to be done for the future.
