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Browsing Academy of European Law (AEL) by Title
Now showing items 2-21 of 35
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Title: Challenging the EU Counter-terrorism Measures through the Courts Author(s): CREMONA, Marise; FRANCIONI, Francesco; POLI, Sara Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This collection of papers examines the implications of the European Court of Justice’s approach to UN-related counter-terrorism measures against individuals (so-called ‘smart sanctions’), as expressed by its ruling in Case ... -
Title: The Charter of Fundamental Rights of the European Union after Lisbon Author(s): KOKOTT, Juliane; SOBOTTA, Christoph Date: 2010-01-01 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This working paper examines the legal nature, interpretation and scope of application of fundamental rights in the European Union in light of the Charter of Fundamental Rights. The authors review the sources of fundamental ...
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Title: Children’s Rights: The Potential Impact of Private Military and Security Companies Author(s): BAKKER, Christine; GREIJER, Susanna Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This paper examines the potential risks that the use of PMSCs in a conflict or post-conflict situation poses for children, considering the existing norms for the protection of children’s rights at the international and EU ...
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Title: Codes of Conduct for PMSCs: The State of Self-Regulation in the Industry Author(s): HOPPE, Carsten; QUIRICO, Ottavio Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The present paper aims to assess the state of self-regulatory initiatives, often identified under the heading of “corporate social responsibility”, in the Private Military and Security industry. It takes into account ...
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Title: Cultural Rights: The Potential Impact of Private Military and Security Companies Author(s): VRDOLJAK, Ana Filipa Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Culture and its protection has been present in the earliest codifications of the laws of war and international humanitarian law, both in its physical manifestations as cultural heritage and its practice and enjoyment as ...
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Title: EU Operations and Private Military Contractors: Issues of Corporate and Institutional Responsibility Author(s): WHITE, Nigel D.; MACLEOD, Sorcha Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The European Union has developed its security competence since 1992, thus putting pressure on its Member States to provide troops for the increasing number of EU peace operations being deployed to different areas of the ...
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Title: Historical Precedents for Holding Corporations Responsible for Violations of International Law and Human Rights Author(s): MACLEOD, Sorcha Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: There are no specific historical precedents for holding corporations responsible for violations of international law and human rights. This brief report, however, outlines some historical precedents which demonstrate ...
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Title: Human Rights and International Humanitarian Law in the Common Security and Defence Policy: Legal Framework and Perspectives for PMSC Regulation Author(s): FALCO, Valentina Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The actual and potential role of private military and security companies (PMSCs) within the European Union’s crisis-management operations make it crucial to clarify the legal framework in which their personnel must operate. ...
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Title: Human Rights Violations by Private Persons and Entities: The Case-Law of International Human Rights Courts and Monitoring Bodies Author(s): ZIEMELE, Ineta Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The article sums up the state of international human rights law as concerns the issue of responsibility for human rights violations allegedly carried out by private persons and entities. It employs four main legal concepts: ...
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Title: The Illicit Traffic of Cultural Objects in the Mediterranean Author(s): VRDOLJAK, Ana Filipa; FRANCIONI, Francesco Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Ongoing high profile litigation in Europe and the United States against museum officials and art dealers reveals that the illicit trade in cultural heritage is flourishing rather than abating. Ironically, the disparity ...
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Title: Immunity versus Accountability for Private Military and Security Companies and their Employees: Legal Hurdles or Political Snags? Author(s): FRULLI, Micaela Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The aim of this paper is to analyze to what extent different kind of immunities may bar legal proceedings instituted against PMSCs and their employees. The first part of the paper is devoted to the setting of the legal ...
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Title: Individual Liability of Private Military Personnel under International Criminal Law Author(s): LEHNARDT, Chia Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The article examines the present status of private military personnel under international criminal law. Perpetrators of international crimes are frequently integrated into a hierarchically structured collective, such as ...
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Title: Institutional Responsibility for Private Military and Security Contractors Author(s): WHITE, Nigel D. Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This paper analyses issues of legal responsibility arising from the discernible trend among international organizations, including regional organizations, to use the services of Private Military and Security Contractors ...
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Title: The Interface of Human Rights Law and International Humanitarian Law in the Regulation of private Military and Security Companies Author(s): LENZERINI, Federico Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The typical functions of private military and security companies (PMSCs) are designed to operate in the context of situations of crisis, which mostly take place in the event of armed conflicts. International humanitarian ...
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Title: International Responsibility and Accountability of the Corporation: International Initiatives for Holding Corporations to Account and their Viability with regard to Private Military and Security Companies Author(s): MACLEOD, Sorcha; MCARDLE, Scarlett Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: While there has been much focus elsewhere on PMSC-specific regulatory projects, as business actors, there is no reason to suggest that PMSCs are, or indeed ought to be, excluded from the scope of broader Corporate Social ...
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Title: Legal Implications of the Privatization of Cyber Warfare Author(s): LIXINSKI, Lucas Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The paper deals with the combination of two emerging topics in militarization and the conduct of war: cyber warfare and the use of private military and security companies and personnel. As technological capacity grows, ...
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Title: Litigating Abuses Committed by Private Military Companies Author(s): RYNGAERT, Cedric Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: One of the main tools for 'socializing' private military contractors (PMCs) is litigation. The threat of litigation may encourage contractors to set up their own corporate social responsibility and accountability mechanisms ...
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Title: Members of Private Military companies and/as Unlawful Combatants? Author(s): BILKOVA, Veronika Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The recent changes in the physiognomy of the battlefield have provoked intense discussions about the role and legal status of private military and security companies (PMSCs) and the relationship between them and some ...
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Title: Obligations of States to Prosecute Employees of Private Military and Security Companies for Serious Human Rights Violations Author(s): BAKKER, Christine Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Both in conflict and post-conflict situations, states increasingly rely on private military and security companies (PMSCs) to perform tasks which used to be carried out by their Military. Practice shows that employees of ...
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Title: Passing the Buck: State Responsibility for Private Military Companies Author(s): HOPPE, Carsten Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: States hire Private Military or Security Companies [PMSCs/contractors] in armed conflict and occupation to fulfil tasks formerly exclusively handled by soldiers, including combat, guarding and protection, and detention and ...
Now showing items 2-21 of 35
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