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War by ContractHuman Rights, Humanitarian Law, and Private Contractors$
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Francesco Francioni and Natalino Ronzitti

Print publication date: 2011

Print ISBN-13: 9780199604555

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199604555.001.0001

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Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law

Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law

Chapter:
(p.470) 23 Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law
Source:
War by Contract
Author(s):

Andrea Atteritano

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199604555.003.0024

This chapter deals with tort liability of private military and security companies (PMSCs), addressing issues concerning the competent jurisdiction and the applicable law. It discusses the applicability of the European Legislation (Reg. 44/2001 and Rome II) to PMSCs, evaluating the impact that the absence of uniform European rules may have on the judicial protection of victims of unlawful fact of PMSCs. As to the competent jurisdiction, the chapter analyses the criteria provided for by international and national legal instruments — including forms of exorbitant jurisdiction, like ATS — discussing the procedural challenges that victims may have in addressing PMSCs' tort liability (immunity; forum non conveniens; lack of personal jurisdiction, lack of cause of action). The chapter examines the conflict rules that courts apply to determine the law governing tort liability of PMSCs, in relation to: basis and extent of liability; exemption from, limitation and any division of liability; liability of PMSCs for acts of their employees; and burden of proof and limitation.

Keywords:   tort liability, applicable law, extent of liability, division of liability, burden of proof, limitation, immunity, cause of action, forum non conveniens, personal jurisdiction

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