Tort Liability in Warfare States' Wrongs and Civilians' Rights
Materialtyp:
ArtikelUtgivningsinformation: Oxford Oxford University Press 2024Beskrivning: 1 electronic resource (197 p.)Innehållstyp: - text
- computer
- online resource
- Law
- International law
- Public international law
- Public international law: human rights
- Laws of specific jurisdictions and specific areas of law
- Legal systems: general
- Legal systems: civil procedure, litigation and dispute resolution
- Civil remedies
- Law of torts, damages and compensation
- L Law
- LB International law
- LBB Public international law
- LBBR Public international law
- LN Laws of specific jurisdictions and specific areas of law
- LNA Legal systems
- LNAC Legal systems
- LNAC1 Civil remedies
- LNV Law of torts
- civil procedure
- compensation
- corrective justice
- damages and compensation
- general
- human rights
- international humanitarian law
- litigation and dispute resolution
- reparations
- rule of law
- rules of engagement
- states' liability
- thema EDItEUR
- tort law
- warfare
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Tort Liability in Warfare: States' Wrongs and Civilians' Rights develops a novel account of the tortious liability of states for wrongs they inflict on civilians during combat. Tort Liability in Warfare challenges orthodoxy by illustrating that ordinary domestic tort law doctrines could apply, as private law rights remain relevant during warfare and their wrongful violation triggers ordinary corrective justice duties. The book asserts that barring tort remedies for losses inflicted during warfare is not necessitated by theory or doctrine but is driven by policy considerations. Tort Liability in Warfare demonstrates that these policy considerations fail to provide adequate justifications for states' near blanket immunity from tort liability in warfare, and calls for enabling civilians to turn to tort law as a mechanism for accountability and vindication of their rights.
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Creative Commons Licence cc by-nc-nd cc https://creativecommons.org/licenses/by-nc-nd/4.0/
eng
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