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Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq.
Security Detention in International Territorial Administrations examines several intricate and overlapping legal questions stemming from security detention practices in a post-conflict environment.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Leiden :
BRILL
Aug. 2015.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Preface; Table of Treaties and Other Major International Instruments; Table of Case Law; Chapter 1 Introduction; 1 Why Examine the Applicability of International Law to Security Detention Issues in the Internationally-administered Territories of Kosovo, East Timor and Iraq?; 2 The Central Argument of the Book; 3 The Relevant Complex Legal Questions; 4 Methodology; 5 The Structure of the Book; Chapter 2 Responsibility in Peace Support Operations: Revisiting the Proper Test for Attribution of Conduct and the Meaning of the Effective ControlStandard; 1 Introduction.
- 2 The Current Legal Framework for Attribution of Conduct in Peace Support Operations3 Revisiting the Proper Test for Attribution of Conduct in Peace Support Operations; 4 Dual Attribution of Conduct and Plurality of Responsibility in Peace Support Operations; 5 Conclusion; Chapter 3 Norm Conflict under Security Council Decisions and Human Rights Law; 1 Introduction; 2 Internal and External Reviews of Security Council Resolutions; 3 The Kadi and Yusuf Judgments of the European Court of Justice and the Idea of a Separate Legal Order; 4 The Al-Jedda Judgment of the UK House of Lords.
- 5 Interpretation of the Applicable Security Council Resolutions6 The ECtHR's Response to Norm Conflict Issues in Al-Jedda; 7 The Stipulation that Clear Language be Used; 8 Discretion as to the Means of Choice; 9 Conclusion; Chapter 4 Appraising Extraterritorial Human Rights Obligations in a Post-conflict Environment: Security Detainee Cases in the Context of UN-authorised Military Missions; 1 Introduction; 2 The Relationship between Jurisdiction and State Responsibility; 3 Extraterritorial Jurisdiction in Human Rights Law.
- 4 The Relationship between the Concept of Jurisdiction in Human Rights Law and Public International Law5 The ECtHR's Approach to Extraterritorial Jurisdiction after Bankovic; 6 The ECtHR's Judgment in Al-Skeini; 7 Identifying the Proper Methodology; 8 Conclusion; Chapter 5 The Complex Relationship between International Humanitarian Law and International Human Rights Law and Its Implications for Security Detention Cases in UN-authorised Security Missions; 1 Introduction; 2 The Historical Background of the Relationship between IHL and IHRL.
- 3 Developments in the Jurisprudence of International Judicial Bodies4 Positions Adopted in Legal Literature; 5 A Reflection on the Relationship between IHL and IHRL; 6 The Interplay between IHL and IHRL in the Context of UN-authorised Missions; 7 Conclusion; Chapter 6 Security Detention Practices during the International Territorial Administration of Kosovo; 1 Introduction; 2 The Background to the Kosovan Case; 3 Transitional Territorial Administration in International Law; 4 UNMIK and the Detention of Civilians in Kosovo.