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The Transformation Of Occupied Territory In International Law
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Book Synopsis The Transformation of Occupied Territory in International Law by : Andrea Carcano
Download or read book The Transformation of Occupied Territory in International Law written by Andrea Carcano and published by BRILL. This book was released on 2015-08-14 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.
Book Synopsis The International Law of Occupation by : Eyal Benvenisti
Download or read book The International Law of Occupation written by Eyal Benvenisti and published by OUP Oxford. This book was released on 2012-02-23 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Book Synopsis Revisiting the Law of Occupation by : Hanne Cuyckens
Download or read book Revisiting the Law of Occupation written by Hanne Cuyckens and published by BRILL. This book was released on 2017-10-30 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Revisiting the Law of Occupation', Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.
Book Synopsis The Law of Occupation by : Yutuka Arai
Download or read book The Law of Occupation written by Yutuka Arai and published by BRILL. This book was released on 2009-04-24 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
Book Synopsis The International Law of Belligerent Occupation by : Yoram Dinstein
Download or read book The International Law of Belligerent Occupation written by Yoram Dinstein and published by . This book was released on 2009 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population--Publisher's description.
Book Synopsis Occupation in International Law by : Eliav Lieblich
Download or read book Occupation in International Law written by Eliav Lieblich and published by Oxford University Press. This book was released on 2022-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international law of occupation is the body of law, under international humanitarian law, that regulates the actions of states that gain effective control over territory during armed conflict. This body of law seeks to balance between several interests, which are often in tension with one another. Its most fundamental principle is that occupation does not confer sovereignty, and that the powers of the occupant are limited to that of a temporary trustee. What empowers the occupant to maintain public order and safety, including that of its own forces? How are the rights of the absent sovereign protected, as well as the right to self-determination, and the individual rights of the local population? In this new volume of the Elements of International Law series, Eyal Benvenisti and Eliav Lieblich seek to provide an entry point to the topic by elaborating on general principles and key rules. The book explores the tensions and dilemmas which characterize the modern law of occupation, while highlighting, when needed, interpretations which best conform with the law's object and purpose. All in all, this book aims to guide relevant actors - whether states, academics, NGOs, or individuals under occupation - when seeking to assess or to challenge state actions in occupied territories.
Book Synopsis The Use of Armed Force in Occupied Territory by : Marco Longobardo
Download or read book The Use of Armed Force in Occupied Territory written by Marco Longobardo and published by Cambridge University Press. This book was released on 2018-10-18 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the international law framework governing the use of armed force in occupied territory through a rigorous analysis of the interplay between jus ad bellum, international humanitarian law, and international human rights law. Through an examination of state practice and opinio juris, treaty provisions and relevant international and domestic case law, this book offers the first comprehensive study on this topic. This book will be relevant to scholars, practitioners, legal advisors, and students across a range of sub-disciplines of international law, as well as in peace and conflict studies, international relations, and political science. This study will influence the way in which States use armed force in occupied territory, offering guidance and support in litigations before domestic and international courts and tribunals.
Book Synopsis Occupation and Control in International Humanitarian Law by : Natia Kalandarishvili-Mueller
Download or read book Occupation and Control in International Humanitarian Law written by Natia Kalandarishvili-Mueller and published by Routledge. This book was released on 2020-07-28 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic analysis of the notion of control in the law of military occupation. The work demonstrates that in present-day occupations, control as such occurs in different forms and variations. The polymorphic features of occupation can be seen in the way states establish control over territory either directly or indirectly, and in the manner in which they retain, relinquish or regain it. The question as to what level and type of control is needed to determine the existence and ending of military occupation is explored in great detail in light of various international humanitarian law instruments. The book provides an anatomy of the required tests of control in determining the existence of military occupation based on the law. It also discusses control in relation to occupation by proxy and when and how the end of control over territory occurs so that military occupation is considered terminated. The study is informed by relevant international jurisprudence. It draws on numerous pertinent case studies from all over the world, various reports by different UN entities and other international organisations, as well as legal doctrine. The book will be a valuable resource for academics, researchers and practitioners working in the fields of international humanitarian law, international public law, and security studies
Book Synopsis Internationalized Armed Conflicts in International Law by : Kubo Macak
Download or read book Internationalized Armed Conflicts in International Law written by Kubo Macak and published by Oxford University Press. This book was released on 2018-07-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
Book Synopsis The ABC of the OPT by : Orna Ben-Naftali
Download or read book The ABC of the OPT written by Orna Ben-Naftali and published by Cambridge University Press. This book was released on 2018-05-10 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lexicon of the legal, administrative, and military terms and concepts central to the Israeli occupation of the Palestinian Territories.
Book Synopsis The Legality of Economic Activities in Occupied Territories by : Antoine Duval
Download or read book The Legality of Economic Activities in Occupied Territories written by Antoine Duval and published by Routledge. This book was released on 2020-06-09 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU’s approach to occupied territories and the extent to which this approach comports with the EU’s obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.
Book Synopsis Unlawful Territorial Situations in International Law by : Enrico Milano
Download or read book Unlawful Territorial Situations in International Law written by Enrico Milano and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
Book Synopsis The International Law of Belligerent Occupation by : Yoram Dinstein
Download or read book The International Law of Belligerent Occupation written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2009-02-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.
Book Synopsis An Introduction to the International Law of Armed Conflicts by : Robert Kolb
Download or read book An Introduction to the International Law of Armed Conflicts written by Robert Kolb and published by Bloomsbury Publishing. This book was released on 2008-09-17 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.
Book Synopsis International Law And Armed Conflict, Exploring the Faultlines by : Michael N. Schmitt
Download or read book International Law And Armed Conflict, Exploring the Faultlines written by Michael N. Schmitt and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.
Book Synopsis The Handbook of International Humanitarian Law by : Dieter Fleck
Download or read book The Handbook of International Humanitarian Law written by Dieter Fleck and published by Oxford University Press, USA. This book was released on 2021 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a black letter text of international humanitarian law, along with case analysis and commentary by a team of internationally renowned experts. It also highlights the interplay of international humanitarian law with human rights law, and other branches of international law.
Book Synopsis Global Justice, State Duties by : Malcolm Langford
Download or read book Global Justice, State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
