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Military, War, and Peace

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International Law

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Full-Text Articles in Jurisprudence

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo Dec 2014

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

A distinctive feature of Carl Schmitt’s legal thinking is the pivotal role that he grants political community. Against the background of Schmitt’s particular conception of political community and the importance placed on its protection in a domestic law setting; this text highlights the imperative role of political community in Schmitt’s thinking on questions of international law. By consistently relating Schmitt’s work on international law to his own time but also stretching it into our own, the text argues that while Schmitt’s insistence on political community may come across as parochial in present times of globalization, increasing traction of various universalisms …

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Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy Dec 2005

Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto, Benedict Sheehy

Jackson Nyamuya Maogoto

Clearly, the issues raised by the ascendance of contemporary PMFs would be suitable for a book length treatment; however, in light of the pressing nature of the present situation expediency dictates a shorter but timelier piece. This article has as its modest aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states …

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