Academic literature on the topic 'Defence force - private contractors'

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Journal articles on the topic "Defence force - private contractors"

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GARB, MAJA. "PROBLEMS OF MILITARY SECURITY CONTRACTORSHIP IN IRAQ AND AFGHANISTAN." CONTEMPORARY MILITARY CHALLENGES, VOLUME 2014/ISSUE 16/4 (October 30, 2014): 125–26. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.16.4.rr.

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The issue of military privatization, where we refer both to the privatization of military supply and the privatization of military activities in general, has been very topical, especially in the period of Iraq War, which started in 2003, and later. Various private military companies had, of course, been active even before that (e.g. currently inactive companies Executive Outcomes and Sandline International) and external contractors have been increasingly providing for military supply ever since the introduction of the professional soldier recruitment. Nevertheless, Private Military Security Contractors (PMSCs) spread substantially during the topical conflicts in Iraq and Afghanistan. The work by Thomas R. Mockaitis Soldiers of Misfortune? (Strategic Studies Institute and U.S. Army War College Press, May 2014. ISBN 1-58487- 613-1) presents the functioning of PMSCs in the above-mentioned conflicts, while focusing on the issue of armed contractors. The author finds that, generally, logistics activities (troop housing and facilities, food service operations, laundry operations etc.) do not represent a problem when carried out by contractors. Armed members of PMSCs participating in U.S. operations are, however, something different. Based on the official reports, the author gives account of some of the most exposed incidents and problems (too early and unnecessary firing during armed escorting, inclusion of local contractors, paying warlords for smooth passage, the culture of impunity etc.), thus brutally revealing the problems of military privatization. Mockaitis mentions two main levels where decision-makers should pay attention to what a government contract with a PMSC means: i.e. control level and legislation level. Control is difficult, since contracts with private companies are not concluded only by the Department of Defense, but also by other government agencies. It is thus impossible to ensure control from one single point, and difficult to coordinate all U.S. stakeholders involved in operations. As far as international and national (U.S. and the country where the operation is taking place) legislations are concerned, the author establishes that PMSC members virtually enjoy immunity from prosecution. It becomes perfectly clear, both, from the Mockaitis’ monograph as well as from other sources that the military as well should be familiar with the problem of PMSC members’ participation in operations. The cooperation of national armed forces (an interesting fact is that Mockaitis capitalizes the word Soldier when referring to members of national armed forces) and contractors necessarily requires certain common bases. In this respect, military competence represents the least of a problem, since PMSC members are usually well-trained and have military experience. It can be established on the basis of a number of incidents that contractors in themselves represent a risk, since they do not abide by the principle of the minimum use of force and very quickly become involved in an armed conflict. The cooperation of national military with such entities does not only pose a direct threat to soldiers, but also worsens the attitude of the local population towards the armed forces in the area. Instead of contributing to the success of the operation, the contractors threaten its success. Mockaitis, however, underlines that all contractors cannot be equated. A number of them do a good and professional job. Nevertheless, the incidents provoked by the minority (Blackwater has proved to be an especially notorious company) reflect unfavorably on all PMSCs. In the conclusion of his monograph, which is short, though, (64 pages) considering the topicality and appeal of the discussed problem, Mockaitis recaps the experiences drawn from the functioning of military security companies in Iraq and Afghanistan and provides a few recommendations which would be good to take into consideration when hiring these companies to do military work.
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Capizzi, Clayton Jerrett, Joseph Wilck, and Xueping Li. "Simulating a Contract Closeout Process." International Journal of Service Science, Management, Engineering, and Technology 3, no. 4 (October 2012): 38–59. http://dx.doi.org/10.4018/jssmet.2012100103.

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Government defense contractors are burdened by contracts which have ended, but have not been finalized and closed. In order to keep good relations with organizations regulating government contracts, contractors have been forced to devise a strategy to address contract closeouts. Data was collected about a defense contractor’s contract closeout process, and a simulation model of the system was developed to aid in completing the contract closeout process. Using simulation software, the closeout process was successfully modeled under varying resource levels. The simulation model included true worker process times with integrated schedules, including holidays, over the expected period of performance. The simulation produced a realistic model which allows an organization to plan their resources to accomplish their contract closeout process under specified conditions and deadlines. The results are relevant to government (public sector) contracts as well as industrial (private sector) contracts where similar regulations are applicable.
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Buscemi, Martina. "Misconduct Committed by (Civilian) Private Contractors in Peacekeeping Operations." Journal of International Peacekeeping 23, no. 3-4 (December 18, 2020): 176–202. http://dx.doi.org/10.1163/18754112-02303004.

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Abstract In peacekeeping operations, private companies are frequently and increasingly engaged by the United Nations to carry-out a wide-range of activities that can potentially impinge on human rights. This article deals with two recent cases of misconduct committed by contractors whose activities, albeit not on the face of it involving the threat or (lethal or not-lethal) use of force, nonetheless caused harm to individuals. The first case-study relates to the mismanagement of sanitary waste, while the second case addresses the (mis)use of unarmed surveillance drones. Against this backdrop, the article purports to assess whether, and under what conditions, wrongdoing committed by private contractors gives rise to the international responsibility of the United Nations. The study explores, firstly, the question of the ‘direct’ attribution of such conduct to the United Nations, based on the qualification of the contractors as agent of the Organization, as understood in the Draft Articles on the Responsibility of International Organizations. It then analyzes the issue of the ‘indirect’ responsibility of the United Nations for failing to have sufficient oversight of the outsourced activities. In this respect, it highlights the crucial role played by internal accountability mechanisms, in particular the Office of Internal Oversight Services, in appraising the monitoring measures taken by the Organization with regard to the practice of contractors and in recommending remedial actions.
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Karska, Elżbieta, and Karol Karski. "Introduction: The Use of Private Military and Security Companies by the United Nations." International Community Law Review 16, no. 4 (October 24, 2014): 399–404. http://dx.doi.org/10.1163/18719732-12341286.

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The work of private military and security contractors is extremely controversial from the point of view of international law and of practice. Sometimes there are doubts as to whether some of their activities should be considered legal activities or illegal mercenarism. Like any other entities using force, they can violate human rights as well as international humanitarian law. They provide their services to, amongst others, states and intergovernmental organisations, including the un. This requires a precise definition of the rules under which such contractors operate, both with regard to the law of treaties and the domestic law of the entities using their services. A question also arises as to whether there is any legal limit to their services being used by intergovernmental organisations, i.e. entities deriving their competences from the will of their member states. The work of the un is an interesting example here. The organisation uses such contractors, but on the other hand, it undertakes various activities to eliminate any potential threats in this respect.
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van Meegdenburg, Hilde. "‘We don’t do that’: A constructivist perspective on the use and non-use of private military contractors by Denmark." Cooperation and Conflict 54, no. 1 (April 10, 2018): 25–43. http://dx.doi.org/10.1177/0010836718765901.

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In this article I put forward a social constructivist perspective on state use of Private Military and Security Contractors (PMSCs). I will argue that state outsourcing decisions are, to a large extent, shaped by nationally shared values, understandings and dispositions. Concretely, I first provide a detailed overview of the extent of domestic and deployed contracting by the Danish Defence and, thereafter, based on a number of semi-structured interviews, I expose the dominant understandings that shaped how PMSCs have come to be understood in Denmark. By so doing I can show that the employment of PMSCs by the Danish Defence remains comparatively limited because it is largely perceived as inappropriate and as incompatible with what it means to be ‘Danish’. Although Denmark too has to balance its international engagements with the limited resources allocated to defence (the typical functional pressures) Danish particular ‘soft’ neoliberalism and ‘hard’ commitments to IHL speak against using private actors to make that possible. This means I take in the more abstract, macro-level discussions on the end of the Cold War and the advent of neoliberalism but go beyond by asking whether, and if so how, these and other collective experiences and understandings actually (co-)shape(d) outsourcing decisions.
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Hillier, Paul. "Securitization of Commercial Supply Chains." Potentia: Journal of International Affairs 3 (October 1, 2011): 13–20. http://dx.doi.org/10.18192/potentia.v3i0.4383.

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As commercial off-the-shelf products have become increasingly important to defence procurements, so too have the threats of infiltration to both government departments and private companies risen. This has motivated many countries to look at the role government can play in securing global commercial supply chains. in the United states, this happened in January 2011 when congress gave the Department of Defense unprecedented powers to regulate commercial supply chains, namely the purview to blacklist contractors without oversight or transparency.
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Shrestha, Pramen P., Kishor Shrestha, and Mylinh Lidder. "Quality of Road Maintenance Work Performed by State Force versus Private Contractors in Nevada." Practice Periodical on Structural Design and Construction 22, no. 4 (November 2017): 04017012. http://dx.doi.org/10.1061/(asce)sc.1943-5576.0000326.

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Pattison, James. "Just War Theory and the Privatization of Military Force." Ethics & International Affairs 22, no. 2 (2008): 143–62. http://dx.doi.org/10.1111/j.1747-7093.2008.00140.x.

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The use of private military companies (PMCs) has become increasingly prevalent, with such firms as Blackwater, MPRI, and DynCorp taking over a growing number of roles traditionally performed by the regular military. This article uses the framework of just war theory (JWT) to consider the central normative issues raised by this privatization of military force. In particular, I first examine the claim that private contractors are inappropriate actors to wage war because they contravene the JWT principle of right intention. The next section asserts that the use of PMCs is largely consistent with the application of the principle of legitimate authority but undermines two of its central rationales. In the third section, I apply the jus in bello principle of discrimination to PMC personnel. Overall, I argue that JWT needs to be updated and extended to respond to the issues raised by the privatization of military force.
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Potapenko, Andriy. "The effective method of judicial defence of private right and interest as category of judicial right." Slovo of the National School of Judges of Ukraine, no. 4(29) (February 11, 2020): 45–60. http://dx.doi.org/10.37566/2707-6849-2019-4(29)-4.

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The article is sanctified to research and analysis of short story of civil judicial legislation “effective method of judicial defence” of private right and interest as a legal category of judicial right. Drawn conclusion, that the “effective method of defence” of private right or interest it follows to examine as the combined legal category, where triangle: effective-defence-right, it is his constituents that form an only judicial mechanism. Thus “efficiency” in a civilly-judicial legal mechanism is not independent, but depends on many factors. “Efficiency” is examined as a legal criterion that it does not follow to examine separately, but as category “effective method of defence” of private right or interest. Investigated separately and in their intercommunication legal categories: “effective method of judicial defence”; “determination of cramps of effective method of defence”; “method of defence, that does not conflict with a law”; on the basis of analysis of practice of ECHR and national courts of cassation instances intermediate determinations of the above-mentioned concepts are given. A “effective method of judicial defence” is the requirement (materially-legal measure of a force character) produced in a court about defence of private right or interest that answers maintenance of the broken right and the real renewal provides him, and if it be impossible such renewal must avouch for the face of receipt of corresponding compensation. “Determination of cramps of effective method of defence” is a judicial action of court that comes true during the stage of acceptance of cramps of decision and consists in the estimation of the requirement expounded in a lawsuit for the purpose her “efficiency” at the decision of question of belonging (adequacies) of select a plaintiff method of defence of private right and interest. “Method of defence, that does not conflict with a law”, - it produced in a court with the aim of effective defence broken, unrecognized or contested private right or interest requirement about defence of private right or interest, that does not conflict with a law (not forbidden by a law), answers maintenance of the broken right and provides him it is real renewal. Keywords: effective defence of the unrecognized or contested right broken; effective method of judicial defence; determination of cramps of effective method of defence; method of defence, that does not conflict with a law; access is to the justice; effective means of legal defence.
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VAN STEENBERGHE, RAPHAËL. "Self-Defence in Response to Attacks by Non-state Actors in the Light of Recent State Practice: A Step Forward?" Leiden Journal of International Law 23, no. 1 (February 2, 2010): 183–208. http://dx.doi.org/10.1017/s0922156509990380.

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AbstractThis article analyses the recent state practice in which the right of self-defence has been invoked in order to justify the use of force in response to attacks by non-state actors. The main purpose of this analysis is to determine whether the law of self-defence has evolved through this practice. It is submitted that the latter confirms the tendency, evidenced by the US operation ‘Enduring Freedom’ in Afghanistan in 2001, towards allowing states to respond in self-defence to private armed attacks, that is, attacks which are committed by non-state actors only. The article also aims to shed some light on other fundamental conditions of the law of self-defence which played a significant role in the legal assessment of the recent state practice. It is argued in this respect that this practice confirms that any armed attack must reach some level of gravity – which may be assessed by accumulating minor uses of force – in order to trigger the right of self-defence, and that proportionality of the action taken in self-defence may be assessed in quantitative terms, but only as a means of making a prima facie judgement about the necessity of this action.
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Dissertations / Theses on the topic "Defence force - private contractors"

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Rainger, Michele Barbara, and n/a. "An examination of the achievements of In-House Options within the Defence Commercial Support Program." University of Canberra. Business and Government, 2006. http://erl.canberra.edu.au./public/adt-AUC20070719.122229.

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The public sector in Australia, as in other western countries, has been accused in recent times of being too costly, too rigid, inefficient and ineffective. What is apparently needed is a public sector that is smaller, less costly, more efficient and more effective. The search for alternative and better ways to organise and undertake work to meet these reform objectives is at the heart of the rapid expansion of Competitive Tendering and Contracting (CTC) within the public sector in the last two decades. But increased reliance on government contracting does not always lead to outsourcing. Some government agencies allow, indeed encourage, their current employees to also bid for the work on offer by including an In-House Option (IHO) within their CTC processes. In a number of cases these IHOs have been selected ahead of their commercial competitors. IHOs are effectively internal tenders that, if selected, must be implemented by work areas within the confines of the policies and practices of their parent organisation. The reasons commonly expressed in support of IHOs are to do with addressing the potentially problematic aspects of organisational review and possible outsourcing, and to assist the parent organisation achieve its reform intentions in the most effective and least disruptive manner possible. This research examined the achievements of six IHOs within the Australian Defence Organisation. It also asked what can be learned from their experiences? The findings show that IHOs can contribute to reform and enhance the effectiveness of CTC processes but that these achievements come at a price�borne primarily by the staff who work within selected IHOs. IHOs add to the competition of CTC exercises. They also act as an insurance policy against being caught with no reasonable bids and offer a benchmark against which to assess unknown bids. But competition can also focus bidders on doing what is necessary to win rather than what is best for an organisation or its staff. Having IHOs increases the uncertainty for staff about their future employment while at the same times raising expectations that if they can be successful they will be able to make changes and improve their work areas. This research has shown that this does not always occur and staff can find the whole experience frustrating and demoralising. Organisations that include IHOs within their CTC methodologies need to assist them if they are to have the best opportunity to propose new and innovative ways of working. And they must be prepared for the possibility that their IHOs could win. Selected IHOs need support to successfully implement changes, and as the IHOs examined here have shown, they can make significant improvements in work practices and more efficient use of resources if given the chance.
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Stanley, Bruce Edwin. "Selective privatization of security: why American strategic leaders choose to substitute private security contractors for national military force." Diss., Kansas State University, 2012. http://hdl.handle.net/2097/13610.

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Doctor of Philosophy
Security Studies Program
Jeffrey Pickering
Ideas about why US foreign policy actors have turned ever more frequently to private military contractors (PMCs) and private security contractors (PSCs) over the past decade and a half abound. Descriptive accounts of the rise of these corporations have become something of a cottage industry over the past decade or so. The various ideas advanced have yet to be placed under rigorous empirical scrutiny, however. This dissertation builds from the existing descriptive literature to advance a new theoretical framework to explain the rise of private contractors. It analyzes this framework as well as alternative ideas using both quantitative and qualitative analysis, marking the first time this important subject has been systematically examined with both social science methods.
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Awa, Linus Tambu. "Killing in defence of property : a legal comparative study." Diss., 2015. http://hdl.handle.net/10500/21137.

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This research examines the legal issues surrounding killing in defence of property in three selected jurisdictions: South Africa, Cameroon and the United States. The comparative analysis illustrates that although the right to protect one’s property is universal, this defence is interpreted differently in the various jurisdictions. Another issue considered in the study is the constitutional right to life in each jurisdiction and whether or not an unlawful attack against one’s property creates a legal entitlement for the attacked party to take the life of another in defence of his or her property. Private defence of property is available when a person uses force to defend an interest in property, for example; to prevent a would-be thief from taking his own, or another’s property, to prevent someone from damaging his own or another’s property, to prevent an intruder from entering his own or another’s property. When an accused pleads private defence, his claim is that his harm-causing conduct was, in the circumstances, lawful. The reasonable use of force (short of deadly force) in the private defence of property is not disputed. However, the use of deadly force in protection of property is controversial, especially in a constitutional state such as South Africa where life should be prized above property. One should however also consider that there is a close link between the private defence of defending life and of protecting property. In many cases, an assault on property also involves a threat on life. However, there are cases of private defence of property where no threat to bodily integrity exists. These situations will be examined in all three jurisdictions and measured against the various constitutional imperatives. Conclusions and recommendations are made as regards the legal framework on the defence of property in the criminal law of the various jurisdictions.
Criminal and Procedural Law
LL. M.
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Books on the topic "Defence force - private contractors"

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Shadow force: Private security contractors in Iraq. Westport, Conn: Praeger Security International, 2008.

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Private sector, public wars: Contractors in combat - Afghanistan, Iraq, and future conflicts. Westport, CT: Praeger Security International, 2008.

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Contractors and war: The transformation of US expeditionary operations. Stanford, California: Stanford Security Studies, an imprint of Stanford University Press, 2012.

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Office, National Audit. Ministry of Defence: Equipment and spares held by contractors. London: HMSO, 1994.

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Just warriors, Inc.: The ethics of privatized force. New York: Continuum, 2010.

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Office, National Audit. Ministry of Defence: RAF stores located at contractors' works : report by the Comptroller and Auditor General. London: HMSO, 1985.

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Office, General Accounting. Acquisition reform: Comparison of Army's commercial helicopter buy and private sector buys : report to the Secretary of Defense. Washington, D.C: The Office, 1995.

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Office, United States Government Accountability. Defense infrastructure: Continuing challenges in managing DOD lodging programs as Army moves to privatize its program : report to congressional requesters / United States Government Accountability Office. Washington, D.C: United States Government Accountability Office, 2006.

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Office, General Accounting. Depot maintenance: Public-private partnerships have increased, but long-term growth and results are uncertain : report to the Subcommittee on Readiness, Committee on Armed Services, House of Representatives. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): U.S. General Accounting Office, 2003.

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Office, General Accounting. Depot maintenance: Future year estimates of public and private workloads are likely to change : report to the Chairman, Subcommittee on Military Readiness, Committee on Armed Services, House of Representatives. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): The Office, 2000.

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Book chapters on the topic "Defence force - private contractors"

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Marin, Jasenko, Mišo Mudrić, and Robert Mikac. "Private Maritime Security Contractors and Use of Lethal Force in Maritime Domain." In The Future of the Law of the Sea, 191–212. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-51274-7_10.

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Cohen, Donald. "Privatization—Chipping Away at Government." In Labor in the Time of Trump, 106–28. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501746598.003.0007.

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This chapter focuses on the right wing's astonishingly successful efforts to privatize public goods and services. Privatization has been one of the highest priorities of the right wing for many years, and the chapter shows how it threatens both labor and democracy. Intentionally blurring the lines between public and private institutions, private companies and market forces undermine the common good. This chapter documents the history of privatization in the United States, from President Reagan's early efforts to Clinton and Gore's belief in private markets. Showing how privatization undermines democratic government, the chapter describes complex contracts that are difficult to understand, poorly negotiated “public–private partnership” deals, and contracts that provide incentives to deny public services. With huge amounts of money at stake, privateers are increasingly weighing in on policy debates—not based on the public interest but rather in pursuit of avenues that increase their revenues, profits, and market share. Privatization not only destroys union jobs but also aims to cripple union political involvement so that the corporate agenda can spread unfettered. Nevertheless, community-based battles against privatization have succeeded in many localities, demonstrating the power of fighting back to defend public services, public jobs, and democratic processes.
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Dekker, Guido den, and Eric PJ Myjer. "The Right to Life and Self-defence of Private Military and Security Contractors in Armed Conflict." In War by Contract, 171–93. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199604555.003.0010.

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Ormerod, David, and Karl Laird. "10. General defences." In Smith, Hogan, & Ormerod's Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807094.003.0010.

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This chapter considers general defences other than those focused on the mental condition of the accused, and looks at cases where the defendant will usually have performed the actus reus with the appropriate mens rea. These general defences include infancy (children less than ten years old and children ten years old and above), duress, necessity and orders of a superior. The chapter also discusses public and private defence (‘self’-defence), the statutory ‘clarification’ of these defences, and the controversy over householder self-defence, force used in the course of preventing crime or arresting offenders, force used in private defence, entrapment, and impossibility.
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Ormerod, David, and Karl Laird. "10. General defences." In Smith, Hogan, and Ormerod's Criminal Law, 359–430. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198849704.003.0010.

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This chapter considers general defences other than those focused on the mental condition of the accused, and looks at cases where the defendant will usually have performed the actus reus with the appropriate mens rea. These general defences include infancy (children less than ten years old and children ten years old and above), duress, necessity and orders of a superior. The chapter also discusses public and private defence (‘self’-defence), the statutory ‘clarification’ of these defences, the controversy over householder self-defence, force used in the course of preventing crime or arresting offenders, force used in private defence, entrapment and impossibility.
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Allen, John R., F. Ben Hodges, and Julian Lindley-French. "Could Europe defend Europe?" In Future War and the Defence of Europe, 194–215. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198855835.003.0009.

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With the rise of the European Union, many champion a European defence of Europe. These calls have become more siren with President Trump’s criticisms of the European allies and profound tensions in the critical US–German strategic partnership. France has called for European strategic autonomy organized around and focused on the Franco-German defence axis. However, strategic autonomy is a consequence of strategic influence and in the defence domain that means relevant and relative military power. Given post-COVID-19 pressures, the only way such a defence could be realized is via an integrated European defence and a European strategic public–private partnership that goes far beyond that which exists today. And yet, many European states see defence and the use of force as the core of state sovereignty and are unwilling to sacrifice relatively weak force for the sake of the greater good. So, can Europeans defence-innovate? They will have to, and in the form of Permanent Security Cooperation (PESCO) they have a vehicle to make Europeans more defence capable. But, could Europe defend Europe? No, not without profound and radical change.
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Barry, Rodger. "Part II The Member State Reports on Transposition of the Directive, 18 United Kingdom." In The EU Antitrust Damages Directive. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198812760.003.0018.

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This chapter focuses on the transposition of the Antitrust Damages Directive in the United Kingdom. It first provides a general background on the transposition process, with emphasis on developments in relation to private litigation involving both UK and EU competition law in the UK courts. It then considers the substantive and temporal scope of the UK transposition measure before analysing some of the specific issues concerning implementation of the Directive, such as those relating to limitation periods, binding force of competition authority decisions, disclosure and protection of certain documents/admissability of evidence, presumption of harm and quantification of damages, passing-on defence and indirect purchasers, joint and several liability, parent company liability, consensual dispute resolution, collective redress, litigation costs and funding, and specialised court structure.
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Reports on the topic "Defence force - private contractors"

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Brown, Charles W. Control of Private Security Contractors by the Joint Force Commander. Fort Belvoir, VA: Defense Technical Information Center, April 2008. http://dx.doi.org/10.21236/ada483966.

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Sherard, Scott H. Command and Control of Private Security Contractors: Are They a Viable Force Option for the Combatant Commander? Fort Belvoir, VA: Defense Technical Information Center, October 2008. http://dx.doi.org/10.21236/ada494291.

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