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Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Christine Bakker

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them ... More


The Structural Framework for Corporate Obligations in the Context of Human Rights

Markos Karavias

in Corporate Obligations under International Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674381
eISBN:
9780191752322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674381.003.0006
Subject:
Law, Public International Law, Company and Commercial Law

This chapter examines the implications of the affirmation of corporate obligation under international human rights law. Apart from mutations in the scope of the obligations, corporate obligations may ... More


A Three-Pronged Approach to Human Rights Obligations of Non-State Armed Groups

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0008
Subject:
Law, Public International Law

Chapter 6 proposes a three-pronged approach to possible human rights obligations of armed groups by distinguishing between (i) human rights obligations of groups exercising quasi-governmental ... More


Dealing with Human Rights Violations

Marc Weller

in Contested Statehood: Kosovo's Struggle for Independence

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199566167
eISBN:
9780191705373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566167.003.0004
Subject:
Law, Public International Law

This chapter analyses challenges posed to the international human rights regime by the unfolding humanitarian crisis in the former Yugoslavia during the 1990s. An introductory section outlines ... More


The WTO and National Sovereignty

Kent Jones

in Who's Afraid of the WTO?

Published in print:
2004
Published Online:
September 2011
ISBN:
9780195166163
eISBN:
9780199849819
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195166163.003.0006
Subject:
Economics and Finance, Economic Systems

Chapter 5 focuses on national sovereignty and the extent to which countries voluntarily sacrifice sovereignty in order to gain economic benefits from trade. The chapter concludes that WTO cannot ... More


The Impact of the EU Human Rights System on Operations of Private Military and Security Companies

Ieva Kalnina and Ugis Zeltins

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter assesses the impact of the activities carried out by PMSCs on the enjoyment of human rights under the European Union's (EU) human rights regime. It argues that the state of nationality ... More


Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand?

Bruno Simma and Gleider I. Hernández

in The Law of Treaties Beyond the Vienna Convention

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199588916
eISBN:
9780191728938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588916.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

The Vienna Convention's regime on reservations is particularly unfit to cope with the specific characteristics of human rights treaties due to the very limited and particular role played by ... More


Introduction

Lea Raible

in Human Rights Unbound: A Theory of Extraterritoriality

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198863373
eISBN:
9780191895791
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863373.003.0001
Subject:
Law, Public International Law

The introduction begins by setting out puzzles that any account of extraterritorial human rights obligations would need to address. These puzzles are meant to illustrate that economic and social ... More


The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0007
Subject:
Law, Public International Law

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter ... More


Recasting the Normative National Family: Changes in Hindu Law and Commonly Applicable Matrimonial Laws Since the 1960s

Narendra Subramanian

in Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804788786
eISBN:
9780804790901
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804788786.003.0004
Subject:
Law, Family Law

This chapter explores the changes since the 1960s in Hindu law, which increased divorce rights and the rights of daughters in family joint property, and in commonly applicable matrimonial laws, which ... More


Substantive Right to Life Obligations

Ian Park

in The Right to Life in Armed Conflict

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198821380
eISBN:
9780191860737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821380.003.0002
Subject:
Law, Public International Law

There is a difference between a State’s substantive and procedural right to life obligations. This chapter explores what amount to a state’s substantive right to life obligations with reference to ... More


Human Rights Obligations of European Financial Assistance Mechanisms

Anastasia Poulou

in European Welfare State Constitutions after the Financial Crisis

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198851776
eISBN:
9780191886348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198851776.003.0002
Subject:
Law, EU Law

Having been affected by the European financial crisis that erupted in 2008, several EU Member States required financial assistance beyond that available in the financial markets. New financial ... More


The Principle of Prevention

Nicolas de Sadeleer

in Environmental Principles: From Political Slogans to Legal Rules

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198844358
eISBN:
9780191879890
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844358.003.0004
Subject:
Law, Environmental and Energy Law, Public International Law

This chapter begins by explaining that the preventive principle is complementary to the polluter-pays principle by requiring the adoption of measures intended to prevent damage from arising. It then ... More


Human Rights Unbound: A Theory of Extraterritoriality

Lea Raible

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198863373
eISBN:
9780191895791
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863373.001.0001
Subject:
Law, Public International Law

This book develops a theory of extraterritorial human rights obligations in international law. It links debates on human rights theory with those relating to extraterritoriality and merges accounts ... More


Introductory Note: The Activity of the European Court of Human Rights in 2012

Albert Galinsoga Jordà

in The Global Community Yearbook of International Law and Jurisprudence 2013, Volume II

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199388677
eISBN:
9780190271893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199388677.003.0003
Subject:
Law, Public International Law

In the written contribution that it made to the preparation of the Brighton Conference (18–20 April 2012) on the reform of the European Convention of Human Rights (ECHR), the European Court of Human ... More


Human Rights, Natural Rights, and their Applicability beyond the State–Individual Relationship

Tilman Rodenhäuser

in Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.003.0006
Subject:
Law, Public International Law

Chapter 4 starts by briefly recalling the traditional, state-centred human rights narrative and the main reasons for a state-focused approach to human rights law: human rights law is widely ... More


Conclusion

Lea Raible

in Human Rights Unbound: A Theory of Extraterritoriality

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198863373
eISBN:
9780191895791
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863373.003.0009
Subject:
Law, Public International Law

The conclusion revisits the central tenets and strands of the argument: how to understand interpretation, why jurisdiction is necessary, and how to account for it in international human rights law, ... More


Procedural Right to Life Obligations

Ian Park

in The Right to Life in Armed Conflict

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198821380
eISBN:
9780191860737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821380.003.0003
Subject:
Law, Public International Law

A state’s procedural right to life obligations relate to the circumstances in which a state must conduct an investigation following a death. Procedural right to life obligations also extend to how ... More


Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Tilman Rodenhäuser

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198821946
eISBN:
9780191861109
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821946.001.0001
Subject:
Law, Public International Law

This book identifies the degree of organization required from non-state armed groups (i) to become party to an armed conflict and thereby bound by applicable international humanitarian law; (ii) to ... More


Conclusion: The Limits of Geographical Change

Kate Purcell

in Geographical Change and the Law of the Sea

Published in print:
2019
Published Online:
March 2020
ISBN:
9780198743644
eISBN:
9780191803796
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198743644.003.0011
Subject:
Law, Public International Law, Environmental and Energy Law

This Conclusion brings together the results of the preceding analyses in an account of the limited legal significance of geographical change for maritime jurisdiction. It considers some final ... More


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