| Description |
1 online resource (340 pages). |
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text file |
| 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. |
| Note |
What constitutes 'the law of the state'? |
| Summary |
Critically analyses states' obligations to control PMSCs in armed conflict and assesses how PMSC misconduct may lead to state responsibility. |
| Bibliography |
Includes bibliographical references (pages 264-293). |
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Includes bibliographical references and index. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Combatants and noncombatants (International law)
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Combatants and noncombatants (International law) |
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Mercenary troops -- Legal status, laws, etc.
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Mercenary troops. |
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Private military companies -- Law and legislation.
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Private military companies. |
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Private security services -- Law and legislation.
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Private security services -- Law and legislation. |
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Private security services. |
| Genre/Form |
Electronic books.
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Electronic books.
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| Other Form: |
Print version: Tonkin, Hannah. State Control over Private Military and Security Companies in Armed Conflict. Cambridge : Cambridge University Press, ©2011 9781107008014 |
| ISBN |
9781139117807 |
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1139117807 |
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9781139128469 (electronic book) |
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1139128469 (electronic book) |
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9780511993367 (electronic book) |
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0511993366 (electronic book) |
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9781107008014 (hardback) |
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1107008018 (hardback) |
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9781139115636 (e-book) |
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1139115634 (e-book) |
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9781107613140 (paperback) |
| Standard No. |
9786613296290 |
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DOI 10.1017/CBO9780511993367 |
