000 05052cam a2200577 i 4500
001 ocn898926280
003 TZ-ArACH
005 20250912091054.0
008 151016t20152015enk b 001 0 eng d
010 _a 2015373428
015 _aGBB4F3547
_2bnb
016 7 _a016991266
_2Uk
020 _a9781780682815
_q(paperback)
020 _a1780682816
_q(paperback)
040 _aBTCTA
_beng
_erda
_cTZ-ArACH
041 0 _aeng
_bdut
_brus
042 _alccopycat
049 _aTZAA
050 0 0 _aKZ6418
_b.M69 2015
100 1 _aMoyakine, Evgeni,
_eauthor.
245 1 4 _aPrivatized art of war :
_bPrivate military and security companies and state responsibility for their unlawful conduct in conflict areas /
_cEvgeni Moyakine.
260 _aCambridge, Antwer Portland :
_bIntersentia ;
_c2015.
300 _axvi, 477 pages ;
_c24 cm.
490 1 _aSchool of Human Rights Research series ;
_vvolume 67
500 _a"This publication is based on a doctoral dissertation defended at Tilburg University in November 2014"--Title page verso.
504 _aIncludes bibliographical references (pages 427-455, 463-467) and index.
505 0 _aGeneral introduction -- Privitization of war and security : war is business and vice versa -- Existing legal framework of PMSC operation -- Legal status of PMSC employees -- State responsibility under the draft articles on state responsibility -- State responsibility for non-compliance with positive international law obligations -- Summary, overall conclusions, and final observations.
520 _a"In the modern globalized world, so-called private military and security companies (PMSCs) are employed by a variety of actors in times of both war and peace. They are employed by, and perform a plethora of services for, not only international organizations, NGOs, and multinationals, but also States. It goes without saying that, especially in areas torn apart by armed conflicts, these corporations and their personnel can and sometimes do engage in different types of misconduct that may constitute violations of international law. While there are still regulatory gaps in the national and international legal frameworks applicable to PMSCs and self-regulatory schemes of the industry generally appear to be lacking effectiveness, the lines of responsibility often remain unclear. In light of this, State responsibility becomes an important instrument for attaining justice and ensuring respect for international law by private contractors. The use of PMSCs by States in conflict zones may, in certain instances, be considered morally problematic and might enable States to outsource fundamental governmental tasks to essentially private actors without necessarily being held responsible for instances of misconduct. This book investigates the possibility of applying the doctrine of State responsibility to the employment of PMSCs in areas affected by conflicts and to breaches of international law committed by these companies and their personnel. It examines an array of circumstances in which the unlawful conduct of PMSCs and their staff may be attributed to States under international law and the extent of such attribution. The study further analyzes the application of positive obligations imposed by international law on States and the scope of this application. It is illustrated that not only States hiring PMSCs, but also States where these companies are active, and States where they are registered or incorporated, are to be held active, and States where they are registered or incorporated, are to be held responsible when violations of international law are attributed to these States in accordance with certain modes of attribution. In addition, the States in question also bear international responsibility when they fail to comply with their positive duties of result and diligent conduct stemming from the fields of international humanitarian and human rights law"--Unedited summary from book cover.
540 _aBritish Library not licensed to copy
_c0.
_5Uk
546 _aText in English with summaries in Dutch and Russian.
650 0 _aPrivate military companies (International law)
650 0 _aPrivate military companies.
650 0 _aPrivate security services.
650 6 _aSociétés militaires privées (Droit international)
650 6 _aSociétés militaires privées .
650 6 _aServices privés de sécurité.
650 7 _aInternational conflicts
_2bcl
650 7 _aPrivate military companies.
_2fast
650 7 _aPrivate military companies (International law)
_2fast
650 7 _aPrivate security services.
_2fast
650 7 _aPrivate military companies.
_2pplt
650 7 _aState responsibility.
_2pplt
_97347
650 7 _aLegal status.
_2pplt
650 7 _aInternational obligations.
_2pplt
650 7 _aWar.
_2pplt
650 7 _aHuman rights.
_2pplt
650 7 _aInternational humanitarian law.
_2pplt
650 7 _aTheses.
_2pplt
830 0 _aSchool of Human Rights Research series ;
_vvolume 67.
942 _2lcc
_cBOOK
999 _c7596
_d7596