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Record Nr. |
UNINA9910452592803321 |
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Autore |
Benvenisti Eyal |
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Titolo |
The international law of occupation [[electronic resource] /] / Eyal Benvenisti |
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Pubbl/distr/stampa |
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Oxford, : Oxford University Press, c2012 |
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ISBN |
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1-283-58212-0 |
9786613894571 |
0-19-162152-8 |
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Edizione |
[2nd ed.] |
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Descrizione fisica |
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1 online resource (410 p.) |
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Disciplina |
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Soggetti |
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Military occupation |
International law |
Electronic books. |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Originally published: Princeton, N.J. : Princeton University Press, 1993. |
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Nota di bibliografia |
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Includes bibliographical references (p. [353]-370) and index. |
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Nota di contenuto |
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Cover; Contents; List of Abbreviations; Table of Cases; 1. Introduction; 1.1 The Concept; 1.2 Challenges to the Law of Occupation; 1.3 Legal Sources; 1.3.1 Laws of international armed conflict; 1.3.2 Human rights law; 1.3.3 Law on the use of force, sovereignty, and self- determination: The "illegal occupation"; 1.3.4 Th e law on state responsibility; 1.3.5 Additional sources; 1.4 Conclusion; 2. Origins: The Evolution of the Concept of Occupation in the Eighteenth and Nineteenth Centuries; 2.1 The Evolution of a Concept; 2.1.1 The intellectual roots of an emerging European concept |
2.1.2 The principle of humanity: The obligation to protect the property of enemy civilians2.1.3 Enter national self-determination: "Occupation" becomes distinct from "conquest"; 2.2 The Transformation of the Concept of Occupation into European and International Law; 2.2.1 The doctrine on occupation arrives in the United States; 2.2.2 Meanwhile in Europe: The Franco-Prussian War and its aftermath; 2.2.3 Different conceptions of occupation beyond Europe; 2.3 Conclusion; 3. The Characterization of Occupation; 3.1 Spatial Scope; 3.1.1 Control of the land |
3.1.2 A personal approach as an additional test3.1.3 "Virtual |
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occupation"?; 3.1.4 Maritime resources and airspace; 3.2 Temporal Scope; 3.2.1 When occupation begins; 3.2.2 When occupation ends; 3.2.3 Pre-and post-occupation obligations; 3.3 Occupation by Whom?; 3.3.1 Who is a foreign power (the "hostile army"); 3.3.2 Occupation in a non-international armed conflict?; 3.3.3 Occupation by proxies; 3.3.4 UN-led occupations; 3.4 The Lack of Sovereign Consent; 4. The Law on the Administration of Occupied Territories |
4.1 Background: Three Different Approaches to Regulate an Inherent Conflict of Interests4.1.1 Article 43: "A seeming legal paradise"; 4.1.2 Article 64 GCIV: Focusing on human welfare; 4.1.3 The human rights dimension; 4.2 The Scope of the Occupation Administration; 4.2.1 Generally; 4.2.2 The management of natural resources; 4.2.3 The external relations of the occupied territory; 4.2.4 The occupant's forward-looking and post-occupation obligations; 4.3 Stability versus Change: The Level of Respect for the Legal Status Quo; 4.3.1 Article 43 Hague Regulations; 4.3.2 Article 64 GCIV |
4.3.3 Human rights4.4 The Rights and Duties of the Ousted Government; 4.5 Nationals of the Occupying Power; 5. Occupations During and After World War I: Early Challenges to the Traditional Law of Occupation; 5.1 The German Occupation of Belgium, 1914-18; 5.1.1 Reorganization and regulation of the Belgian economy; 5.1.2 Changes in the court system; 5.1.3 Restructuring the Belgian political structure; 5.1.4 Reactions to German occupation measures; 5.1.5 The law of occupation in light of the occupation of Belgium; 5.2 The Armistice Occupation of the Rhineland; 5.2.1 Occupation policies |
5.2.2 The German reaction |
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Sommario/riassunto |
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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'searly termination in a peace treaty. Although these expectations have been proven to be too high for most occupan |
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