Chapter

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

Andrea Atteritano

in War by Contract

Published in print January 2011 | ISBN: 9780199604555
Published online May 2011 | e-ISBN: 9780191725180 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199604555.003.0024
Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law

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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

Chapter.  11293 words. 

Subjects: Public International Law

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