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Browsing AEL Working Papers by Type "Working Paper"
Now showing items 1-20 of 35
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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 ... -
Title: An Analysis of Private Military and Security Companies Author(s): MINI, Fabio Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The increasing relevance of PMCs and PSCs is related to the progressive ‘privatization’ of war in all of its new expressions: the present scenarios of asymmetric warfare are characterised by the actions of non-State armed ...
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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: The Regulation of Private Military and Security Services in the European Union: Current Policies and Future Options Author(s): KRAHMANN, Elke; ABZHAPAROVA, Aida Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This paper aims to address two questions at the centre of the PRIV-WAR project. Firstly, what legislation and regulative frameworks for the regulation of private military and security companies (PMCs/PSCs) providing ...
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Title: Private Military and Security Company Employees: Are They the Mercenaries of the Twenty-first Century? Author(s): MANCINI, Marina Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This paper investigates whether and in which cases private military and security company employees can be considered mercenaries under international law, in the light of recent practice and academic debate. Firstly, it ...
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Title: The Potential Impact of National-Level or EU-Level Regulation on PMSC Activities Author(s): WHITE, Adam Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: The aim of this paper is to assess the potential impact of national-level or EU-level regulation on the international activities of private military security companies (PMSCs). It will do this by first examining the ...
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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: War Contexts: The Criminal Responsibility of Private Security Personnel Author(s): QUIRICO, Ottavio Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: This paper explores the criminal accountability of Private Security Company (PSC) personnel in war contexts. It focuses on the legal position of PSC personnel, defined on the basis of the relationship linking PSCs to the ...
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Title: The Responsibility of the PMSC’s Home State for Human Rights Violations Arising from the Export of Private Military and Security Services Author(s): FRANCIONI, Francesco Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Departing from the contemporary trend favourable to the re-conceptualisation of human rights in terms of obligations of non state actors, this paper argues that and effective compliance with international human right ...
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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: Regulating Private Military and Security Companies: A Multifaceted and Multilayered Approach Author(s): CUSUMANO, Eugenio Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Private military and security companies do not operate in a complete legal vacuum. The inherently transnational nature of the so called market for force, however, makes traditional single state regulation insufficient. ...
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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: 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: ‘We Can’t Spy … If We Can’t Buy!’: The Privatization of Intelligence and the Limits of Outsourcing ‘Inherently Governmental Functions’ Author(s): CHESTERMAN, Simon Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Though it lags behind the privatization of military services, the privatization of intelligence has expanded dramatically with the growth in intelligence activities following the 11 September 2001 attacks on the United ...
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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 ...
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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: Women’s 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: Armed conflict and occupation are by definition necessarily violent for all participants, be they civilians or combatants. However, for women it heralds an exacerbation in existing violence, discrimination and inequalities. ...
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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 ...
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Title: The Role of Human Rights in the Regulation of Private Military and Security Companies General Report Universal and Regional Systems: Latin America, Africa and Asia Author(s): FRANCIONI, Francesco; LENZERINI, Federico Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Private Military and Security Companies (PMSCs) usually provide specialized expertise or services of a military or police nature, particularly high-tech intelligence, military training and support as well as surveillance ...
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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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