Revisiting The Law Of Occupation

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Revisiting The Law Of Occupation

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Author : Hanne Cuyckens
language : en
Publisher: BRILL
Release Date : 2017-10-23

Revisiting The Law Of Occupation written by Hanne Cuyckens and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with Law categories.

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 without formal modification of the former: 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.

Occupation In International Law

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Author : Eliav Lieblich
language : en
Publisher: Oxford University Press
Release Date : 2023-01-08

Occupation In International Law written by Eliav Lieblich and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-08 with Law categories.

This addition to the Elements of International Law series provides an introduction to the framework and dilemmas of the international law of occupation.

The International Law Of Occupation

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Author : Eyal Benvenisti
language : en
Publisher: OUP Oxford
Release Date : 2012-02-23

The International Law Of Occupation written by Eyal Benvenisti and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-23 with Law categories.

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.

The Transformation Of Occupied Territory In International Law

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Author : Andrea Carcano
language : en
Publisher: BRILL
Release Date : 2015-09-29

The Transformation Of Occupied Territory In International Law written by Andrea Carcano and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-29 with Law categories.

This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts. "With this thorough and thought provoking study, Andrea Carcano has put us all in his debt." From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.

The Use Of Armed Force In Occupied Territory

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Author : Marco Longobardo
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-18

The Use Of Armed Force In Occupied Territory written by Marco Longobardo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-18 with History categories.

Explores the use of armed force in occupied territory under different international law branches.

Self Determination International Law And Post Conflict Reconstruction

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Author : Manuela Melandri
language : en
Publisher: Routledge
Release Date : 2018-10-03

Self Determination International Law And Post Conflict Reconstruction written by Manuela Melandri and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-03 with Law categories.

The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.

The Nature Of International Humanitarian Law

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Author : Anne Quintin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-09-25

The Nature Of International Humanitarian Law written by Anne Quintin and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-25 with Law categories.

This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act.

History Of Military Occupation From 1792 To 1914

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Author : Peter M. R Stirk
language : en
Publisher: Edinburgh University Press
Release Date : 2016-02-28

History Of Military Occupation From 1792 To 1914 written by Peter M. R Stirk and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-28 with History categories.

An understanding of military occupation as a distinct phenomenon first emerged in the 18th century. This book shows how this understanding developed and the problems that the occupiers, the occupied, commentators and the courts encountered.

Protection Of The Environment Under International Law During Occupation

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Author : Waad Abualrob
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-09

Protection Of The Environment Under International Law During Occupation written by Waad Abualrob and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-09 with Law categories.

This book examines the relationship between International Environmental Law and Human Rights Law regarding the protection of the environment in times of occupation. Times of occupation create a tangible threat to the environment, alongside human, animal, and plant rights. This book uses international law to grapple with unprecedented environmental challenges, from water, air and soil pollution and severe damage to natural resources to the complexities of regulating emerging environmental challenges during extraordinary situations. Using international case studies alongside the prominent and evolving role of international law agreements, in particular Multilateral Environmental Agreements (MEAs), this book offers a comprehensive analysis of the legal tools available to navigate environmental challenges under occupation. The book also discusses occupying power obligations under public international law and the demands of protecting the environment in occupied territory. The book provides a valuable resource for researchers in the field of environmental law, human rights law, and humanitarian law.

Revisiting The Geneva Conventions 1949 2019

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Author : Md. Jahid Hossain Bhuiyan
language : en
Publisher: BRILL
Release Date : 2019-11-11

Revisiting The Geneva Conventions 1949 2019 written by Md. Jahid Hossain Bhuiyan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-11 with Law categories.

The book is designed to provide an overview of the development, meaning, and nature of international humanitarian law (IHL). It presents a critical review of the protection of the injured, sick and shipwrecked, prisoners of war (POWs) and civilians during times of war, the prevention of forcible transfer of civilians, the four Geneva Conventions from a Third World point of view, the ideals of distinction, proportionality and precaution from the point of view of Islamic law and the issues faced in implementing IHL. This lucidly written and timely book will greatly benefit anyone interested in the protection of victims of armed conflict. Contents: Notes on editors; Notes on contributors; List of acronyms and abbreviations; Preface; Foreword; International Legal Protection of Persons Affected by War: Challenges and the Way Forward, Md Jahid Hossain Bhuiyan and Borhan Uddin Khan 1 The Development of the Geneva Conventions, Borhan Uddin Khan and Nazmuzzaman Bhuian 2 The Legal Status and Protection of the Rights of Prisoners of War, Md Jahid Hossain Bhuiyan 3 The Prohibition of Deportation and Forcible Transfer of Civilian Populations in the Fourth Geneva Convention and Beyond, Etienne Henry 4 Combatants Aboard Medical Aircraft Who Fall into the Hands of a Neutral Power – the Scope of Their Liability to Detention Under the 1949 Geneva Conventions and the 1977 Additional Protocol I, Yutaka Arai-Takahashi 5 Forced Transfer of Aliens during Armed Conflicts, Pablo Antonio Fernández Sánchez 6 The Geneva Conventions and Non-International Armed Conflicts, Noelle Higgins 7 Four Geneva Conventions of 1949: A Third World View, Srinivas Burra 8 Criminalising Rape and Sexual Violence in Armed Conflicts: Evolving Criminality and Culpability from the Geneva Conventions to the Bangladesh International Crimes Trial, M Rafiqul Islam 9 Principles of Distinction, Proportionality and Precautions under the Geneva Conventions: The Perspective of Islamic Law, Mohd Hisham Mohd Kamal 10 Implementation of International Humanitarian Law and the Current Challenges, Borhan Uddin Khan and Nakib Muhammad Nasrullah 11 The Geneva Conventions and Enforcement of International Humanitarian Law, Derek Jinks Index.