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    International Humanitarian Law in Areas of Limited Statehood

    Adaptable and Legitimate or Rigid and Unreasonable?

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    Contributor(s)
    Petrov, Anton O. (editor)
    Mührel, Linus (editor)
    Baade, Björnstjern (editor)
    Collection
    Knowledge Unlatched (KU)
    Number
    104707
    Language
    English
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    Abstract
    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?
    URI
    https://library.oapen.org/handle/20.500.12657/43983
    Keywords
    Law; International
    DOI
    https://doi.org/10.5771/9783845289557
    ISBN
    9783845289557
    Publisher
    Nomos Verlagsgesellschaft mbH & Co. KG
    Publisher website
    https://www.nomos.de/
    Publication date and place
    2018
    Grantor
    • Knowledge Unlatched
    Imprint
    Nomos Verlagsgesellschaft mbH & Co. KG
    Classification
    International law
    Rights
    https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode
    • Harvested from KU

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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