The Development of the Law of Belligerent Occupation, 1863-1914 PDF Download
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Author: Doris Appel Graber
Publisher: New York : Columbia University Press
ISBN:
Category : Military occupation
Languages : en
Pages : 356
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Book Description
Author: Doris Appel Graber
Publisher: New York : Columbia University Press
ISBN:
Category : Military occupation
Languages : en
Pages : 356
Get Book Here
Book Description
Author: Doris A. Graber
Publisher:
ISBN:
Category : Military occupation
Languages : en
Pages : 343
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Book Description
Author: Doris Appel GRABER
Publisher:
ISBN:
Category :
Languages : en
Pages : 343
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Book Description
Author: Doris Appel Graber
Publisher:
ISBN:
Category :
Languages : en
Pages : 343
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Book Description
Author: Eliav Lieblich
Publisher: Oxford University Press
ISBN: 0198861036
Category : Military occupation
Languages : en
Pages : 273
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Book Description
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.
Author: Hanne Cuyckens
Publisher: BRILL
ISBN: 9004353976
Category : Law
Languages : en
Pages : 298
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Book Description
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.
Author: Marco Longobardo
Publisher: Cambridge University Press
ISBN: 1108684904
Category : Law
Languages : en
Pages : 351
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Book Description
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.
Author: Sharon Korman
Publisher: Clarendon Press
ISBN: 0191583804
Category : Political Science
Languages : en
Pages : 358
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Book Description
This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.
Author: Doris Appel Graber
Publisher:
ISBN:
Category : Military occupation
Languages : en
Pages : 356
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Book Description
Author: Eyal Benvenisti
Publisher: Oxford University Press
ISBN: 0199588899
Category : History
Languages : en
Pages : 410
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Book Description
Originally published: Princeton, N.J.: Princeton University Press, 1993.