| Description |
1 online resource (340 pages) |
| Series |
Cambridge Studies in International and Comparative Law, 84 ; v. 84 |
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Cambridge Studies in International and Comparative Law, 84
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| Contents |
Cover; Title; Copyright; Contents; Acknowledgements; Abbreviations; Table of cases; International Court of Justice/Permanent Court of International Justice; European Court of Human Rights/European Commission on Human Rights; Inter-American system; UN Human Rights Committee; International Criminal Tribunal for the former Yugoslavia; International arbitral decisions; World Trade Organization; United Kingdom; United States; Other jurisdictions; Table of statutes; United Kingdom; United States; Other jurisdictions; Table of international treaties and conventions; Introduction |
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1 The private security industry uncovered1.1 History of private military actors in international relations; Private force in twelfth- to seventeenth-century Europe; The first shift away from mercenary use: state troop exchange; The second shift away from mercenary use: citizen armies; Private force in the twentieth century; Lessons from history; 1.2 Objections to private force, mercenaries and modern PMSCs; Lack of attachment to a cause; Fighting outside the citizen-state military relationship; Fighting outside state control; The hiring state's lack of control over PMSC activities |
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The home state's lack of control over PMSC activitiesGeneral lack of transparency in the private security industry; 1.3 The spectrum of private military and security activity today; Mercenaries; Private military and security companies; Volunteers; Soldiers integrated into a foreign force; National soldiers fighting for their home state; 1.4 What are PMSCs and what do they do?; Terminology; General nature of PMSCs; PMSC services; Offensive combat; Military and security expertise; Armed security; Military support; 1.5 Conclusion; 2 State obligations and state responsibility |
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2.1 The nature of international obligations and conditions for breach2.2 The attribution of private misconduct to the state; 2.3 States' obligations to take positive steps to control PMSCs; Obligations of result; Obligations of diligent conduct; 2.4 A framework for analysing due diligence obligations; Identifying a due diligence obligation of prevention and punishment; Mental element; Positive action to discharge the obligation; State's capacity to influence the private actor; Resources available to the state; Risk of violation; Causation; Damage; 2.5 Circumstances precluding wrongfulness |
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2.6 Consequences of state responsibility2.7 Conclusion; 3 The attribution of PMSC conduct to the hiring state; 3.1 PMSCs forming part of the armed forces; Definition of the armed forces; International armed conflicts; Non-international armed conflicts; Attributing acts of the armed forces to the state; International armed conflicts; Non-international armed conflicts; 3.2 PMSCs empowered by law to exercise governmental authority; What constitutes 'governmental authority'?; Private person test; ILC guidelines; US law and policy regarding 'inherently governmental' functions |
| Summary |
Critically analyses states' obligations to control PMSCs in armed conflict and assesses how PMSC misconduct may lead to state responsibility |
| Notes |
What constitutes 'the law of the state'? |
| Bibliography |
Includes bibliographical references (pages 264-293) |
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Includes bibliographical references and index |
| Notes |
Print version record |
| Subject |
Combatants and noncombatants (International law)
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Mercenary troops -- Legal status, laws, etc
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Private military companies -- Law and legislation
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Private security services -- Law and legislation
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LAW -- International.
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Combatants and noncombatants (International law)
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Private security services -- Law and legislation
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Oorlogsrecht.
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Gewapende conflicten.
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Particuliere sector.
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Beveiligings- en bewakingsdiensten.
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Combatants and non-combatants.
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Private military companies.
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Mercenaries.
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Legal status.
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Obligations of the state.
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State responsibility.
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International humanitarian law.
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| Form |
Electronic book
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| ISBN |
9781139117807 |
|
1139117807 |
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9781139128469 |
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1139128469 |
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9780511993367 |
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0511993366 |
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9781107008014 |
|
1107008018 |
|
9781139115636 |
|
1139115634 |
|
1107613140 |
|
9781107613140 |
