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Towards a Regime of Responsibility of Armed Groups in International Law

Towards a Regime of Responsibility of Armed Groups in International Law

  • 作者:
  • 出版商: Intersentia Publishers
  • ISBN: 9781839700040
  • 出版时间 July 2020
  • 规格: Paperback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    Armed groups have played a predominant role in the violations of international humanitarian law and international human rights law committed in conflict settings. The increase in the number of non-international armed conflicts during the past decades has emphasised the need to address the multiple legal challenges posed by the actions of armed groups. In particular, there is considerable uncertainty regarding the framework of responsibility for armed groups in international law. While much has been written regarding their international (primary) obligations, the possibility of developing a responsibility framework for armed groups under international law has been underexplored. Consequently, the aim of this book is to examine how the principles of international responsibility could be developed and adjusted to account for armed groups as collective entities.

    This general aim has been divided into three specific objectives. First, the book analyses the concept of responsibility in international law and assesses the legal and practical reasons in favour of developing such a regime for armed groups. Second, it examines the viability of establishing a responsibility regime for armed groups based on rules of attribution. Third, it explores the possible legal consequences of responsibility applicable to armed groups, with a particular focus on the obligation to provide reparations to victims. In doing so, this book will argue that certain non-traditional sources of international law could be used to interpret and adapt international law to the current conditions of contemporary armed conflict.

  • Introduction - Siel Demeyere
    Part I. Static dimension of real obligations: concept and sources
    Chapter 1. Property Law Scholarship
    Chapter 2. Constitutive Building Blocks of Real Obligations
    Chapter 3. Sources of Real Obligations
    Chapter 4. Exclusion of Other Contracts and Obligations
    Part II. Dynamic dimension of real obligations: liability for real obligations
    Chapter 1. Transfer of the Obligation with the Property Right
    Chapter 2. Abandonment
    Chapter 3. Liability for Real Obligations: Overarching Issues
    Chapter 4. Other Grounds for Extinction of Real Obligations
    Part III. Real obligations in the framework of coexistent property rights Section I. Proprietary relationship regarding one single (im)movable
    Chapter 1. Co-owner
    Chapter 2. Apartment Rights
    Chapter 3. Usufruct
    Chapter 4. Long Lease
    Chapter 5. Building Right
    Chapter 6. Droit réel de jouissance spéciale in French Law
    Part III. Real obligations in the framework of coexistent property rights Section II. Proprietary relationship involving two immovables
    Chapter 1. Negative Obligations Between Two Pieces of Land: Servitude and Scottish Real Burden
    Chapter 2. Positive Obligations Between Two Pieces of Land
    Part IV. Autonomous real obligations
    Chapter 1. Autonomous Negative Obligations: Kwalitatieve verplichtingen
    Chapter 2. Autonomous Positive Obligations
    Chapter 3. The (Im)possibility and (Un)desirability of Autonomous Real Obligations
    Chapter 4. Conclusion
    General Conclusion
    Bibliography

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