JOURNAL ARTICLE
Cite JOURNAL ARTICLE
Style
Beinlich, L. Drones, Discretion, and the Duty to Protect the Right to Life: Germany and its Role in the United States' Drone Programme Before the Higher Administrative Court of Münster. German Yearbook of International Law, 62(1), 557-580. https://doi.org/10.3790/gyil.62.1.557
Beinlich, Leander "Drones, Discretion, and the Duty to Protect the Right to Life: Germany and its Role in the United States' Drone Programme Before the Higher Administrative Court of Münster" German Yearbook of International Law 62.1, 2021, 557-580. https://doi.org/10.3790/gyil.62.1.557
Beinlich, Leander (2021): Drones, Discretion, and the Duty to Protect the Right to Life: Germany and its Role in the United States' Drone Programme Before the Higher Administrative Court of Münster, in: German Yearbook of International Law, vol. 62, iss. 1, 557-580, [online] https://doi.org/10.3790/gyil.62.1.557
Format
Drones, Discretion, and the Duty to Protect the Right to Life: Germany and its Role in the United States' Drone Programme Before the Higher Administrative Court of Münster
German Yearbook of International Law, Vol. 62 (2019), Iss. 1 : pp. 557–580
Additional Information
Article Details
Pricing
Author Details
Leander Beinlich, Research Fellow at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg, and PhD candidate at Freie Universität Berlin.
Preview
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Leander Beinlich\nDrones, Discretion, and the Duty to Protect the Right to Life: Germany and its Role in the United States’ Drone Programme Before the Higher Administrative Court of Münster | 557 | ||
| I. Introduction | 557 | ||
| II. The Facts of the Case and the Role of Germany in the US Drone Programme | 558 | ||
| III. Legal Proceedings in the US and in Germany | 559 | ||
| IV. The Judgment of the OVG Münster | 561 | ||
| A. Linking German Fundamental Rights with International Law | 562 | ||
| B. The Legality of the US Drone Programme (in Yemen) | 564 | ||
| C. Has the German Government Fulfilled the Duty to Protect the Lives of the Claimants? | 557 | ||
| D. The Way Forward | 557 | ||
| V. Torn Between Overly Restricting and Overly Deferring to the Executive? | 557 | ||
| A. The Judgment’s Doctrinal Framework and the Court’s Institutional Self-Understanding | 557 | ||
| B. Operationalising and Applying the Court’s Doctrinal Framework | 557 | ||
| C. Doctrinally Conclusive but Detached from Reality? | 558 | ||
| D. Pursuing a Middle Way | 558 | ||
| VI. Conclusion and Outlook | 558 |