Tort liability in warfare states' wrongs and civilians' rights
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 pr...
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| Format: | Elektronisch E-Book |
| Sprache: | English |
| Veröffentlicht: |
Oxford
Oxford University Press
2024
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| Online-Zugang: | kostenfrei |
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| Zusammenfassung: | 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 justifying states’ near blanket immunity from tort liability in warfare, and calls for enabling civilians to turn to tort law as mechanism for accountability vindication of their rights. |
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| Beschreibung: | 1 Online-Ressource (x, 186 Seiten) |
| ISBN: | 9780191997051 |
| DOI: | 10.1093/9780191997051.001.0001 |