The International Law of Occupation
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 4 July 2013
- ISBN 9780199682232
- Binding Paperback
- No. of pages416 pages
- Size 233x177x23 mm
- Weight 614 g
- Language English 0
Categories
Short description:
This is the long-awaited second edition of a landmark book on the law of occupation, now in paperback. Covering developments since 1992, including the case of Iraq and recent developments in the Middle East, this book will include new chapters on the historical evolution of the concept of occupation, collective occupations, and ending occupations.
MoreLong description:
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 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.
Benvenisti's updated and expanded edition adds much to this underdeveloped area of scholarship by thoughtfully considering its most difficult aspects, and his work continues to stand out for its detailed analysis of the key historical events that have shaped the development of law of occupation for more than a century.
Table of Contents:
Introduction
Origins: The Evolution of the Concept of Occupation in the Eighteenth and Nineteenth Centuries
The Characterization of Occupation
The Law on the Administration of Occupied Territories
Occupations During and After World War I: Early Challenges to the Traditional Law of Occupation
The Law of Occupation in the Wake of World War II
Occupations Since the 1970s
The Israeli Occupation of the West Bank and Gaza
The Occupation of Iraq 2003-05
The Administration of Territory by the United Nations: The Case of UNMIK in Kosovo
The Law on Post-Occupation: The Lasting Effects of the Occupant's Legislation
Enforcement Mechanisms for Compliance with the Law of Occupation
Conclusion
