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Der Einsatz Der Streitkrafte Gegen Piraterie Auf See (Studies in International Law of the Sea and Maritime Law Internationales Seerecht Und Seehandelsrecht) (German Edition)

Johanna Fournier

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ISBN 10: 3848711567 / ISBN 13: 9783848711567
Published by Nomos Verlagsgesellschaft, 2014
Condition: Good Soft cover
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Bibliographic Details

Title: Der Einsatz Der Streitkrafte Gegen Piraterie...

Publisher: Nomos Verlagsgesellschaft

Publication Date: 2014

Binding: Paperback

Book Condition:Good

Edition: 1. Auflage..

About this title


Since 2008 German armed forces are combating pirates off Somalia, which implicates several questions relating to constitutional and international law. Whereas military actions in order to repel pirate attacks are allowed under international law, the German constitution is stricter in this regard. This work differentiates between unilateral and multilateral deployments for combating piracy. This study shows that the former are unconstitutional. Building on the principle of separation between police and armed forces in German law, the author creates a proposal for amending the relevant legal norm. On the other hand, multilateral deployments are legitimate under the German constitution, when taking place within a so-called system of mutual collective security. The author reasons that also the European Union and with it its Operation Atalanta constitutes such a system. In conclusion, this work also addresses legal issues arising when German armed forces arrest pirates.

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