| spelling |
oapen-20.500.12657-439832021-01-25T13:50:47Z International Humanitarian Law in Areas of Limited Statehood Petrov, Anton O. Mührel, Linus Baade, Björnstjern Law International bic Book Industry Communication::L Law::LB International law Areas of limited statehood, in which the territorial State lacks effective control, either completely or in part, challenge International Humanitarian Law in various ways. This volume explores if and how the law adapts to these challenges on the basis of mainly two legal issues: detention and investment protection in (non-)international armed conflict. Does a sufficient legal basis exist for the former? Is it International Humanitarian Law that determines what the investor is owed under a ‘full protection and security’ standard? More fundamentally, the contributions strive to shed light on these practical legal issues in a manner that is also historically and theoretically informed. How can international law be effective in areas of limited statehood, in particular as regards non-State actors? Can the law provide incentives for compliance? Is it in need of being developed? If so, who enjoys the legitimacy to do so? 2020-12-15T14:14:03Z 2020-12-15T14:14:03Z 2018 book 9783845289557 https://library.oapen.org/handle/20.500.12657/43983 eng application/pdf n/a external_content.pdf Nomos Verlagsgesellschaft mbH & Co. KG Nomos Verlagsgesellschaft mbH & Co. KG https://doi.org/10.5771/9783845289557 104707 https://doi.org/10.5771/9783845289557 a828cf6c-76dd-4fdb-b400-ec5fba9459b8 b818ba9d-2dd9-4fd7-a364-7f305aef7ee9 9783845289557 Knowledge Unlatched (KU) Nomos Verlagsgesellschaft mbH & Co. KG Knowledge Unlatched open access
|
| description |
Areas of limited statehood, in which the territorial State lacks effective control, either completely or in part, challenge International Humanitarian Law in various ways. This volume explores if and how the law adapts to these challenges on the basis of mainly two legal issues: detention and investment protection in (non-)international armed conflict. Does a sufficient legal basis exist for the former? Is it International Humanitarian Law that determines what the investor is owed under a ‘full protection and security’ standard?
More fundamentally, the contributions strive to shed light on these practical legal issues in a manner that is also historically and theoretically informed. How can international law be effective in areas of limited statehood, in particular as regards non-State actors? Can the law provide incentives for compliance? Is it in need of being developed? If so, who enjoys the legitimacy to do so?
|
