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Jurisdiction And Liability Under The European Convention Of Contracting Parties Participating In Military Operations Abroad
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Book Synopsis Jurisdiction and Liability Under the European Convention of Contracting Parties Participating in Military Operations Abroad by : Maribel Canto-Lopez
Download or read book Jurisdiction and Liability Under the European Convention of Contracting Parties Participating in Military Operations Abroad written by Maribel Canto-Lopez and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The conduct of military forces is not limited to their territory. They are typically sent on missions that potentially affect civilians beyond the borders of the sending State. Under the European Convention, the linking factor bringing its protection into play is that of jurisdiction under Article 1 ECHR. What is the reach of the European Convention in the context of participation by Contracting Parties in military operations abroad? The interpretation of the concept of jurisdiction has evolved from its territorial beginnings. After a detailed analysis of the case-law on the interpretation of jurisdiction, including the latest landmark cases of Al-Jedda and Al-Skeini, I conclude that the current case-law lacks coherence. The search for a more coherent approach to determining questions of jurisdiction, in situations involving military conduct abroad has steered this thesis into considering the unsatisfactory interplay between humanitarian law and human rights law and the way in which the two systems apply to civilians caught in military operations. An analysis of the case-law under the European Convention in situations where Contracting Parties send troops as part of multi-national forces has indicated the benefits of considering dual or multiple attribution rather than a separation of jurisdiction. I propose a more coherent approach to jurisdiction replacing the present uncertainty in the context of applicability of the European Convention to military operations abroad. I argue, in all situations, for a test requiring a direct and immediate link between the conduct of Contracting Parties and the violation of Convention rights as offering better protection of human rights for individuals trapped in conflicts. In this way the supervisory effect of the European Convention is enhanced.
Book Synopsis Extraterritorial Application of Human Rights Treaties by : Fons Coomans
Download or read book Extraterritorial Application of Human Rights Treaties written by Fons Coomans and published by Intersentia nv. This book was released on 2004 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.
Book Synopsis Handbook on international rules governing military operations by :
Download or read book Handbook on international rules governing military operations written by and published by . This book was released on 2013 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis “Hard Power” and the European Convention on Human Rights by : Peter Kempees
Download or read book “Hard Power” and the European Convention on Human Rights written by Peter Kempees and published by BRILL. This book was released on 2020-11-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the law of the European Convention on Human Rights as relevant to the exercise of ‘hard power’, which expression includes armed conflict, belligerent occupation, peacekeeping and peace-enforcing, anti-terrorism and anti-piracy operations, hybrid warfare, cyber-attack and targeted assassination.
Book Synopsis Antitrust Enforcement Guidelines for International Operations by : United States. Department of Justice
Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Book Synopsis Global Justice, State Duties by : Malcolm Langford
Download or read book Global Justice, State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts
Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Book Synopsis The Handbook of the Law of Visiting Forces by : Dieter Fleck
Download or read book The Handbook of the Law of Visiting Forces written by Dieter Fleck and published by Oxford University Press. This book was released on 2018-04-12 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict , before offering conclusions on the current state of the law and its likely future development.
Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone
Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
Book Synopsis Extraterritorial Application of Human Rights Treaties by : Marko Milanovic
Download or read book Extraterritorial Application of Human Rights Treaties written by Marko Milanovic and published by OUP Oxford. This book was released on 2013-03-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.
Book Synopsis The Application of the European Convention on Human Rights to Military Operations by : Stuart Wallace
Download or read book The Application of the European Convention on Human Rights to Military Operations written by Stuart Wallace and published by Cambridge University Press. This book was released on 2019-04-11 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of how the European Convention on Human Rights applies to military operations.
Book Synopsis Multilevel Regulation of Military and Security Contractors by : Christine Bakker
Download or read book Multilevel Regulation of Military and Security Contractors written by Christine Bakker and published by Bloomsbury Publishing. This book was released on 2012-02-10 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.
Author :Great Britain: Parliament: House of Commons: Defence Committee Publisher :The Stationery Office ISBN 13 :9780215070654 Total Pages :162 pages Book Rating :4.0/5 (76 download)
Book Synopsis House of Commons - Defence Committee: UK Armed Forces Personnel and the Legal Framework for Future Operations - HC 931 by : Great Britain: Parliament: House of Commons: Defence Committee
Download or read book House of Commons - Defence Committee: UK Armed Forces Personnel and the Legal Framework for Future Operations - HC 931 written by Great Britain: Parliament: House of Commons: Defence Committee and published by The Stationery Office. This book was released on 2014-04-02 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: UK military personnel as individuals are properly subject to UK and international law wherever they serve and there are processes to ensure scrutiny of their individual behaviour and legal compliance but, in the last ten years, legal judgments in the UK and elsewhere against the MoD have raised a number of legal, ethical and practical questions for the Armed Forces and their conduct of operations. The growing number of such challenges is leading to a feeling of disquiet amongst military personnel and informed commentators about the extent and scale of judicial involvement in military matters.There are two aspects of the use of human rights law in military operations that most concern the Committee: The extraterritorial application of the European Convention on Human Rights has allowed claims in the UK courts from foreign nationals. However, the requirement for full and detailed investigations of every death resulting from an armed conflict is putting a significant burden on the MoD and the Armed Forces. Secondly, there has been a failure of the accepted principle of combat immunity, most recently evidenced in the Supreme Court majority judgment in June 2013 allowing families and military personnel to bring negligence cases against the MoD for injury or death. This seems to us to risk the judicialisation of war and to be incompatible with the accepted contract entered into by Service personnel and the nature of soldiering.
Book Synopsis The Practice of Shared Responsibility in International Law by : André Nollkaemper
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Book Synopsis The European Convention on Human Rights – Principles and Law by : Carla M. Buckley
Download or read book The European Convention on Human Rights – Principles and Law written by Carla M. Buckley and published by Council of Europe. This book was released on 2022-11-23 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable guide for university students, government officials and legal practitioners alike. The European Convention on Human Rights – Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it: • cites nearly 1 500 cases, providing links to each case in the HUDOC database; • identifies key challenges and current legal developments; • provides suggestions for further reading on contentious issues; • is a companion text to Council of Europe’s book The individual application under the European Convention on Human Rights – Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.
Book Synopsis War by Contract by : Francesco Francioni
Download or read book War by Contract written by Francesco Francioni and published by Oxford University Press, USA. This book was released on 2011-01-13 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.
