Revisiting The Law Of Occupation

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Revisiting the Law of Occupation

Hanne Cuyckens
Revisiting the Law of Occupation Book PDF

Author : Hanne Cuyckens
Publisher : BRILL
Page : 298 pages
File Size : 47,6 Mb
Release : 2017-10-30
Category : Law
ISBN : 9789004353978

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Revisiting the Law of Occupation by Hanne Cuyckens Pdf

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.

Revisiting the Geneva Conventions: 1949-2019

Md. Jahid Hossain Bhuiyan,Borhan Uddin Khan
Revisiting the Geneva Conventions 1949 2019 Book PDF

Author : Md. Jahid Hossain Bhuiyan,Borhan Uddin Khan
Publisher : BRILL
Page : 350 pages
File Size : 47,6 Mb
Release : 2019-11-11
Category : Law
ISBN : 9789004375543

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Revisiting the Geneva Conventions: 1949-2019 by Md. Jahid Hossain Bhuiyan,Borhan Uddin Khan Pdf

This book examines the development of international humanitarian law (IHL), the protection of the victims of armed conflict, the IHL from a Third World perspective, the principles of distinction, proportionality and precaution under Islamic law and the issues faced in implementing IHL.

Occupation in International Law

Eliav Lieblich,Eyal Benvenisti
Occupation in International Law Book PDF

Author : Eliav Lieblich,Eyal Benvenisti
Publisher : Oxford University Press
Page : 273 pages
File Size : 49,9 Mb
Release : 2022-12
Category : Military occupation
ISBN : 9780198861034

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Occupation in International Law by Eliav Lieblich,Eyal Benvenisti Pdf

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.

The Use of Armed Force in Occupied Territory

Marco Longobardo
The Use of Armed Force in Occupied Territory Book PDF

Author : Marco Longobardo
Publisher : Cambridge University Press
Page : 351 pages
File Size : 49,5 Mb
Release : 2018-10-18
Category : History
ISBN : 9781108473415

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The Use of Armed Force in Occupied Territory by Marco Longobardo Pdf

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

The Transformation of Occupied Territory in International Law

Andrea Carcano
The Transformation of Occupied Territory in International Law Book PDF

Author : Andrea Carcano
Publisher : BRILL
Page : 569 pages
File Size : 54,6 Mb
Release : 2015-08-14
Category : Law
ISBN : 9789004227880

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The Transformation of Occupied Territory in International Law by Andrea Carcano Pdf

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.

The Nature of International Humanitarian Law

Anne Quintin
The Nature of International Humanitarian Law Book PDF

Author : Anne Quintin
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 53,9 Mb
Release : 2020-09-25
Category : Law
ISBN : 9781839107443

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The Nature of International Humanitarian Law by Anne Quintin Pdf

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.

Self-Determination, International Law and Post-Conflict Reconstruction

Manuela Melandri
Self Determination International Law and Post Conflict Reconstruction Book PDF

Author : Manuela Melandri
Publisher : Routledge
Page : 258 pages
File Size : 41,9 Mb
Release : 2018-10-03
Category : Law
ISBN : 9780429880988

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Self-Determination, International Law and Post-Conflict Reconstruction by Manuela Melandri Pdf

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 International Law of Occupation

Eyal Benvenisti
The International Law of Occupation Book PDF

Author : Eyal Benvenisti
Publisher : OUP Oxford
Page : 416 pages
File Size : 52,5 Mb
Release : 2012-02-23
Category : Law
ISBN : 9780191639579

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The International Law of Occupation by Eyal Benvenisti Pdf

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.

Returning Foreign Fighters: Responses, Legal Challenges and Ways Forward

Francesca Capone,Christophe Paulussen,Rebecca Mignot-Mahdavi
Returning Foreign Fighters Responses Legal Challenges and Ways Forward Book PDF

Author : Francesca Capone,Christophe Paulussen,Rebecca Mignot-Mahdavi
Publisher : Springer Nature
Page : 312 pages
File Size : 54,8 Mb
Release : 2023-03-24
Category : Law
ISBN : 9789462655713

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Returning Foreign Fighters: Responses, Legal Challenges and Ways Forward by Francesca Capone,Christophe Paulussen,Rebecca Mignot-Mahdavi Pdf

This book, a follow-up publication to the 2016 volume Foreign Fighters under International Law and Beyond, zooms in on the responses that the international community and individual States are implementing in response to (prospective and actual) returning foreign fighters (FFs) and their families, focusing on returnees from Syria and Iraq to European countries. As States and international organisations are still ‘learning by doing’, the role of the academic community is to help steer the process by bridging the divide between international standards and their implementation at the national level and between security concerns and human rights law. Furthermore, the academic community can and should assist in identifying ways forward that are both effective, sustainable and international law-compliant. Those are, ultimately, the goals that the present volume seeks to pursue. The observations, recommendations and warnings included in this book will be useful in future debates on (returning) FFs, both in the academic world and in the world of policy makers and practitioners, as well as to the public at large. Francesca Capone is Associate Professor of International Law at the Istituto DIRPOLIS of the Scuola Superiore Sant’Anna in Pisa, Italy. Christophe Paulussen is Senior Researcher International Law at the T.M.C. Asser Instituut in The Hague, The Netherlands. Rebecca Mignot-Mahdavi is Lecturer in International Law at the Manchester International Law Centre, University of Manchester, School of Law in Manchester, United Kingdom.

History of Military Occupation from 1792 to 1914

Peter M. R Stirk
History of Military Occupation from 1792 to 1914 Book PDF

Author : Peter M. R Stirk
Publisher : Edinburgh University Press
Page : 320 pages
File Size : 45,8 Mb
Release : 2016-02-28
Category : History
ISBN : 9780748676026

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History of Military Occupation from 1792 to 1914 by Peter M. R Stirk Pdf

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.

The Role of International Law in Rebuilding Societies After Conflict

Brett Bowden,Hilary Charlesworth,Jeremy Matam Farrall
The Role of International Law in Rebuilding Societies After Conflict Book PDF

Author : Brett Bowden,Hilary Charlesworth,Jeremy Matam Farrall
Publisher : Cambridge University Press
Page : 349 pages
File Size : 42,5 Mb
Release : 2009-04-16
Category : Law
ISBN : 9780521509947

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The Role of International Law in Rebuilding Societies After Conflict by Brett Bowden,Hilary Charlesworth,Jeremy Matam Farrall Pdf

The genesis of this book was a workshop entitled 'Empire or Empowerment? The Role of International Law in Building Democracy and Justice after Conflict' held at the Australian National University in Canberra on 9-10 August 2007

Judicial Reconstruction and the Rule of Law

Angeline Lewis
Judicial Reconstruction and the Rule of Law Book PDF

Author : Angeline Lewis
Publisher : Martinus Nijhoff Publishers
Page : 266 pages
File Size : 51,9 Mb
Release : 2012-08-27
Category : Law
ISBN : 9789004228115

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Judicial Reconstruction and the Rule of Law by Angeline Lewis Pdf

The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’

The Interpretation and Application of the European Convention of Human Rights

Malgosia Fitzmaurice,Panos Merkouris
The Interpretation and Application of the European Convention of Human Rights Book PDF

Author : Malgosia Fitzmaurice,Panos Merkouris
Publisher : Martinus Nijhoff Publishers
Page : 304 pages
File Size : 51,9 Mb
Release : 2012-12-07
Category : Law
ISBN : 9789004242814

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The Interpretation and Application of the European Convention of Human Rights by Malgosia Fitzmaurice,Panos Merkouris Pdf

The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law

Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq

Omer Faruk Direk
Security Detention in International Territorial Administrations Kosovo East Timor and Iraq Book PDF

Author : Omer Faruk Direk
Publisher : BRILL
Page : 270 pages
File Size : 52,5 Mb
Release : 2015-08-07
Category : Law
ISBN : 9789004302983

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Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq by Omer Faruk Direk Pdf

Security Detention in International Territorial Administrations examines several intricate and overlapping legal questions stemming from security detention practices in a post-conflict environment.

Regulating Business for Peace

Jolyon Ford
Regulating Business for Peace Book PDF

Author : Jolyon Ford
Publisher : Cambridge University Press
Page : 441 pages
File Size : 52,6 Mb
Release : 2015-02-05
Category : Business & Economics
ISBN : 9781107037083

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Regulating Business for Peace by Jolyon Ford Pdf

The first book to study how peace operations have engaged with business to influence its peace-building impact in fragile and conflict-affected societies.