The 'Legal Pluriverse' Surrounding Multinational Military Operations最新文献

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Multinational Military Operations at Sea 海上多国军事行动
The 'Legal Pluriverse' Surrounding Multinational Military Operations Pub Date : 2019-12-12 DOI: 10.1093/oso/9780198842965.003.0018
Anna Petrig
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引用次数: 0
Receiving States, Sending States, and the Impact of Their Domestic Laws 接受国、派遣国及其国内法的影响
The 'Legal Pluriverse' Surrounding Multinational Military Operations Pub Date : 2019-12-12 DOI: 10.1093/oso/9780198842965.003.0019
A. Sari
{"title":"Receiving States, Sending States, and the Impact of Their Domestic Laws","authors":"A. Sari","doi":"10.1093/oso/9780198842965.003.0019","DOIUrl":"https://doi.org/10.1093/oso/9780198842965.003.0019","url":null,"abstract":"The chapter explores the exercise of jurisdiction in the context of multinational military operations from the perspective of states that send their forces abroad and states that receive them within their territory. Sending states and receiving states may both claim to be competent under international law to regulate the conduct of military contingents in certain matters, based on the territorial principle and the organic jurisdiction principle, respectively. This overlap of competence may lead sending states and receiving states to exercise their authority in relation to the same subject matter. A number of principles, legal regimes, and instruments are available in international law to resolve the problems that this concurrent exercise of jurisdiction presents. The chapter reviews three of these: the reserved domain of domestic jurisdiction, the law of state and functional immunity, and status of forces agreements.","PeriodicalId":130264,"journal":{"name":"The 'Legal Pluriverse' Surrounding Multinational Military Operations","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133678987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
UN Security Council Resolutions as a Legal Framework for Multinational Military Operations 联合国安理会决议作为多国军事行动的法律框架
The 'Legal Pluriverse' Surrounding Multinational Military Operations Pub Date : 2019-12-12 DOI: 10.1093/oso/9780198842965.003.0014
P. Hesse
{"title":"UN Security Council Resolutions as a Legal Framework for Multinational Military Operations","authors":"P. Hesse","doi":"10.1093/oso/9780198842965.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780198842965.003.0014","url":null,"abstract":"The chapter examines UN Security Council resolutions as a legal framework for multinational military operations. The author argues that obligations that derive from Security Council mandates may put constraints on how force is used. However, she also underlines that the Security Council sometimes even takes decisions that deviate from IHL rules. Whereas in very few instances concerns were raised that the Security Council authorized military enforcement action that allowed going beyond what is permitted under IHL, most Council resolutions deviating from IHL have a narrowing rather than a broadening effect. Against the background that the national transformation acts that implement Security Council enforcement measures could be challenged before domestic courts, questions arise whether the safeguards included in relation to these concrete provisions are adequate to accommodate potential infringements of rights of individuals affected by the implementation act.","PeriodicalId":130264,"journal":{"name":"The 'Legal Pluriverse' Surrounding Multinational Military Operations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133616274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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