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Author: Gary Schaub, Jr.
Publisher: Rowman & Littlefield
ISBN: 1442260238
Category : History
Languages : en
Pages : 440
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Book Description
In Private Military and Security Contractors (PMSCs) a multinational team of scholars and experts address a developing phenomenon: controlling the use of privatized force by states in international politics. Robust analyses of the evolving, multi-layered tapestry of formal and informal mechanisms of control address the microfoundations of the market, such as the social and role identities of contract employees, their acceptance by military personnel, and potential tensions between them. The extent and willingness of key states—South Africa, the United States, Canada, the United Kingdom, and Israel—to monitor and enforce discipline to structure their contractual relations with PMSCs on land and at sea is examined, as is the ability of the industry to regulate itself. Also discussed is the nascent international legal regime to reinforce state and industry efforts to encourage effective practices, punish inappropriate behavior, and shape the market to minimize the hazards of loosening states’ oligopolistic control over the means of legitimate organized violence. The volume presents a theoretically-informed synthesis of micro- and macro-levels of analysis, offering new insights into the challenges of controlling the agents of organized violence used by states for scholars and practitioners alike.
Author: Gary Schaub, Jr.
Publisher: Rowman & Littlefield
ISBN: 1442260238
Category : History
Languages : en
Pages : 440
Get Book Here
Book Description
In Private Military and Security Contractors (PMSCs) a multinational team of scholars and experts address a developing phenomenon: controlling the use of privatized force by states in international politics. Robust analyses of the evolving, multi-layered tapestry of formal and informal mechanisms of control address the microfoundations of the market, such as the social and role identities of contract employees, their acceptance by military personnel, and potential tensions between them. The extent and willingness of key states—South Africa, the United States, Canada, the United Kingdom, and Israel—to monitor and enforce discipline to structure their contractual relations with PMSCs on land and at sea is examined, as is the ability of the industry to regulate itself. Also discussed is the nascent international legal regime to reinforce state and industry efforts to encourage effective practices, punish inappropriate behavior, and shape the market to minimize the hazards of loosening states’ oligopolistic control over the means of legitimate organized violence. The volume presents a theoretically-informed synthesis of micro- and macro-levels of analysis, offering new insights into the challenges of controlling the agents of organized violence used by states for scholars and practitioners alike.
Author: United Nations Library (Geneva, Switzerland)
Publisher:
ISBN:
Category : International law
Languages : en
Pages :
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Book Description
Author: Sabelo Gumedze
Publisher:
ISBN:
Category : Africa
Languages : en
Pages : 240
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Book Description
The aim of this monograph is to inform the revision process of the 1977 OAU/AU Convention on the Elimination of Mercenarism in Africa. A strong argument is made for the need for a new continental approach to deal with the new modalities of traditional mercenarism, which involve an emerging and flourishing industry comprised of private military and security companies. It is hoped that the ISS work on the subject of the privatisation of security will bring about a better understanding of the role of the private security sector in peacekeeping and in state and corporate security in Africa, give momentum to an appropriate regulatory regime for private military sector engagement in Africa, including the elimination of mercenary activity and the revision of the OAU/AU Mercenary Convention, and give momentum to and make inputs on the development of appropriate legislative and regulatory frameworks for the regulation of private security companies in Africa countries.
Author:
Publisher: DIANE Publishing
ISBN: 1428960821
Category :
Languages : en
Pages : 107
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Book Description
In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort to force as an instrument of national policy. Although States have conducted military counterterrorist operations in the past, the scale and scope of Operation Enduring Freedom may signal a sea change in strategies to defend against terrorism. This paper explores the normative limit on counterterrorist operations. Specifically, under what circumstances can a victim State react forcibly to an act of terrorism? Against whom? When? With what degree of severity? And for how long? The author contends that the attacks against Al Qaeda were legitimate exercises of the rights of individual and collective defense. They were necessary and proportional, and once the Taliban refused to comply with U.S. and United Nations demands to turn over the terrorists located in Afghanistan, it was legally appropriate for coalition forces to enter the country for the purpose of ending the ongoing Al Qaeda terrorist campaign. However, the attacks on the Taliban were less well grounded in traditional understandings of international law. Although the Taliban were clearly in violation of their legal obligation not to allow their territory to be used as a terrorist sanctuary, the author suggests that the degree and nature of the relationship between the Taliban and Al Qaeda may not have been such that the September 11 attacks could be attributed to the Taliban, thereby disallowing strikes against them in self-defense under traditional understandings of international law. Were the attacks, therefore, illegal? Not necessarily. Over the past half-century the international community's understanding of the international law governing the use of force by States has been continuously evolving. The author presents criteria likely to drive future assessments of the legality of counterterrorist operatio7.
Author: Lindsey Cameron
Publisher: Cambridge University Press
ISBN: 1107328683
Category : Law
Languages : en
Pages : 757
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Book Description
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.
Author: Sandra Coliver
Publisher: Article 19
ISBN:
Category : Law
Languages : en
Pages : 440
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Book Description
Author: Alison Brysk
Publisher: Oxford University Press
ISBN: 0199700680
Category : Political Science
Languages : en
Pages : 300
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Book Description
In a troubled world where millions die at the hands of their own governments and societies, some states risk their citizens' lives, considerable portions of their national budgets, and repercussions from opposing states to protect helpless foreigners. Dozens of Canadian peacekeepers have died in Afghanistan defending humanitarian reconstruction in a shattered faraway land with no ties to their own. Each year, Sweden contributes over $3 billion to aid the world's poorest citizens and struggling democracies, asking nothing in return. And, a generation ago, Costa Rica defied U.S. power to broker a peace accord that ended civil wars in three neighboring countries--and has now joined with principled peers like South Africa to support the United Nations' International Criminal Court, despite U.S. pressure and aid cuts. Hundreds of thousands of refugees are alive today because they have been sheltered by one of these nations. Global Good Samaritans looks at the reasons why and how some states promote human rights internationally, arguing that humanitarian internationalism is more than episodic altruism--it is a pattern of persistent principled politics. Human rights as a principled foreign policy defies the realist prediction of untrammeled pursuit of national interest, and suggests the utility of constructivist approaches that investigate the role of ideas, identities, and influences on state action. Brysk shows how a diverse set of democratic middle powers, inspired by visionary leaders and strong civil societies, came to see the linkage between their long-term interest and the common good. She concludes that state promotion of global human rights may be an option for many more members of the international community and that the international human rights regime can be strengthened at the interstate level, alongside social movement campaigns and the struggle for the democratization of global governance.
Author: Ugo Mattei
Publisher: John Wiley & Sons
ISBN: 1405178949
Category : Social Science
Languages : en
Pages : 306
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Book Description
Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?
Author: Francis Lieber
Publisher:
ISBN:
Category : Democracy
Languages : en
Pages : 644
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Book Description
Author: B.C. Nirmal
Publisher: Springer
ISBN: 9811062773
Category : Law
Languages : en
Pages : 615
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Book Description
This book explores the changing nature of international law and its ability to respond to the contemporary issues related to international environment, trade and information technology. The evolution of international law has reached a stage where we are witnessing diminishing power of the state and its capacity to deal with the economic matters challenging the existing notions of territory and sovereignty. Recent trends in international law and international relations show that states no longer have exclusive control over the decision-making process at the global level. Keeping this in mind, the book brings together the perspectives of various international and national scholars. The book considers diverse issues such as, sustainable development, climate change, global warming, Rio+20, technology transfer, agro-biodiversity and genetic resource, authority for protection of environment, human right to water, globalization, human rights, sui generis options in IP laws, impact of liberalization on higher education, regulation of international trade, intellectual property rights, collective administration of copyright, broadcast reproduction rights, implementation of copyright law, communication rights under copyright law, arbitration for IP disputes, doctrine of exhaustion of rights, trans-border reputation of trademark, information as an asset, cyber obscenity and pornography, e-governance, taxation of e-commerce, computer crime, information technology, domain names, research excellence in legal education, ideological perspective on legal education, challenges for law teachers, and clinical legal education. The topics, though diverse, are closely interrelated, with the common concern throughout being that the global environment, international trade, information technology and legal education need appropriate national normative and institutional responses as well as the global cooperation of members of the international community. Presenting reflections of a number of Asian, African and European scholars on these varied facets, the book is of great value to scholars, practitioners, teachers and students associated with contemporary international law.
