Author: Antoine Duval
Publisher: Routledge
ISBN: 1000088731
Category : Law
Languages : en
Pages : 236
Book Description
This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU’s approach to occupied territories and the extent to which this approach comports with the EU’s obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.
The Legality of Economic Activities in Occupied Territories
Author: Antoine Duval
Publisher: Routledge
ISBN: 1000088731
Category : Law
Languages : en
Pages : 236
Book Description
This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU’s approach to occupied territories and the extent to which this approach comports with the EU’s obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.
Publisher: Routledge
ISBN: 1000088731
Category : Law
Languages : en
Pages : 236
Book Description
This edited volume explores the question of the lawfulness under international law of economic activities in occupied territories from the perspectives of international law, EU law, and business and human rights. Providing a multi-level overview of relevant practices, policies and cases, the book is divided in three parts, each dealing with how different legal fields have come to grips with the challenges brought about by the question of the lawfulness under international law of economic activities in occupied territories. The first part includes contributions pertaining to the international law dimension of the question. It contains chapters on the conjunction between jus in bello, jus ad bellum and international human rights law in the context of exploitation of natural resources in territories under belligerent occupation; on third party obligations flowing from the application of occupation law in relation to natural resources exploitation; and on State practice with regards to trading with occupied territories. The second part focuses on EU law and contains contributions that assess the EU’s approach to occupied territories and the extent to which this approach comports with the EU’s obligations under international law; contributions providing an in-depth assessment of the case-law of the CJEU on occupied territories; as well as contributions pertaining to the political considerations that may influence the legal framing of questions pertaining to occupied territories. The final part focuses on the business and human rights perspective, with chapters on investment arbitration as a means for holding the occupant accountable for its conduct towards foreign investments and investors; on the role and impact of the soft law framework governing corporate activity (such as the UN Guiding Principles) on business involvement with occupied territories; as well as a final case study on the dispute involving Israeli football activity in settlements located in the OPT and the legal responsibility of FIFA in this regard. The book will appeal to academics, practitioners and policy-makers alike.
The International Law of Occupation
Author: Eyal Benvenisti
Publisher: OUP Oxford
ISBN: 0191639575
Category : Law
Languages : en
Pages : 416
Book 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 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.
Publisher: OUP Oxford
ISBN: 0191639575
Category : Law
Languages : en
Pages : 416
Book 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 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.
Occupation, Inc
Author: Human Rights Watch (Organization)
Publisher:
ISBN:
Category : Arab-Israeli conflict
Languages : en
Pages :
Book Description
"This report documents how settlement businesses facilitate the growth and operations of settlements. These businesses depend on and contribute to the Israeli authorities' unlawful confiscation of Palestinian land and other resources. They also benefit from these violations, as well as Israel's discriminatory policies that provide privileges to settlements at the expense of Palestinians, such as access to land and water, government subsidies, and permits for developing land"--Publisher's description.
Publisher:
ISBN:
Category : Arab-Israeli conflict
Languages : en
Pages :
Book Description
"This report documents how settlement businesses facilitate the growth and operations of settlements. These businesses depend on and contribute to the Israeli authorities' unlawful confiscation of Palestinian land and other resources. They also benefit from these violations, as well as Israel's discriminatory policies that provide privileges to settlements at the expense of Palestinians, such as access to land and water, government subsidies, and permits for developing land"--Publisher's description.
Occupation in International Law
Author: Eliav Lieblich
Publisher: Oxford University Press
ISBN: 0198861036
Category : Military occupation
Languages : en
Pages : 273
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.
Publisher: Oxford University Press
ISBN: 0198861036
Category : Military occupation
Languages : en
Pages : 273
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.
Palestine Ltd.
Author: Toufic Haddad
Publisher: Bloomsbury Publishing
ISBN: 1786730979
Category : History
Languages : en
Pages : 354
Book Description
Since the 1993 Oslo Accords, the Occupied Palestinian Territory has been the subject of extensive international peacebuilding and statebuilding efforts coordinated by Western donor states and international finance institutions. Despite their failure to yield peace or Palestinian statehood, the role of these organisations in the Israeli-Palestinian conflict is generally overlooked owing to their depiction as tertiary actors engaged in technical missions. In Palestine Ltd., Toufic Haddad explores how neoliberal frameworks have shaped and informed the common understandings of international, Israeli and Palestinian interactions throughout the Oslo peace process. Drawing upon more than 20 years of policy literature, field-based interviews and recently declassified or leaked documents, he details how these frameworks have led to struggles over influencing Palestinian political and economic behaviour, and attempts to mould the class character of Palestinian society and its leadership. A dystopian vision of Palestine emerges as the by-product of this complex asymmetrical interaction, where nationalism, neo-colonialism and `disaster capitalism' both intersect and diverge. This book is essential for students and scholars interested in Middle East Studies, Arab-Israeli politics and international development.
Publisher: Bloomsbury Publishing
ISBN: 1786730979
Category : History
Languages : en
Pages : 354
Book Description
Since the 1993 Oslo Accords, the Occupied Palestinian Territory has been the subject of extensive international peacebuilding and statebuilding efforts coordinated by Western donor states and international finance institutions. Despite their failure to yield peace or Palestinian statehood, the role of these organisations in the Israeli-Palestinian conflict is generally overlooked owing to their depiction as tertiary actors engaged in technical missions. In Palestine Ltd., Toufic Haddad explores how neoliberal frameworks have shaped and informed the common understandings of international, Israeli and Palestinian interactions throughout the Oslo peace process. Drawing upon more than 20 years of policy literature, field-based interviews and recently declassified or leaked documents, he details how these frameworks have led to struggles over influencing Palestinian political and economic behaviour, and attempts to mould the class character of Palestinian society and its leadership. A dystopian vision of Palestine emerges as the by-product of this complex asymmetrical interaction, where nationalism, neo-colonialism and `disaster capitalism' both intersect and diverge. This book is essential for students and scholars interested in Middle East Studies, Arab-Israeli politics and international development.
The Palestine Yearbook of International Law, 1989
Author: A. F. Kassim
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041103420
Category : Law
Languages : en
Pages : 476
Book Description
"The Palestine Yearbook of International Law" is a well-established yearbook, which was previously published by the Al-Shaybani Society of International Law. Kluwer Law International will be publishing the "Yearbook" from the eighth volume onwards and will also manage the distribution of the previous seven volumes. "The Palestine Yearbook of" "International Law" has become widely respected as a prime reference source of legal material relating to Palestinian issues and is an important forum for the international legal community, particularly for legal practitioners, researchers and scholars. In addition to leading articles on topical problems and issues, it contains key legislation, court decisions and other relevant legal material translated from the original Arabic or Hebrew into English.
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041103420
Category : Law
Languages : en
Pages : 476
Book Description
"The Palestine Yearbook of International Law" is a well-established yearbook, which was previously published by the Al-Shaybani Society of International Law. Kluwer Law International will be publishing the "Yearbook" from the eighth volume onwards and will also manage the distribution of the previous seven volumes. "The Palestine Yearbook of" "International Law" has become widely respected as a prime reference source of legal material relating to Palestinian issues and is an important forum for the international legal community, particularly for legal practitioners, researchers and scholars. In addition to leading articles on topical problems and issues, it contains key legislation, court decisions and other relevant legal material translated from the original Arabic or Hebrew into English.
The Economic Consequences of the Peace
Author: John Maynard Keynes
Publisher: Simon Publications LLC
ISBN: 9781931541138
Category : Business & Economics
Languages : en
Pages : 312
Book Description
John Maynard Keynes, then a rising young economist, participated in the Paris Peace Conference in 1919 as chief representative of the British Treasury and advisor to Prime Minister David Lloyd George. He resigned after desperately trying and failing to reduce the huge demands for reparations being made on Germany. The Economic Consequences of the Peace is Keynes' brilliant and prophetic analysis of the effects that the peace treaty would have both on Germany and, even more fatefully, the world.
Publisher: Simon Publications LLC
ISBN: 9781931541138
Category : Business & Economics
Languages : en
Pages : 312
Book Description
John Maynard Keynes, then a rising young economist, participated in the Paris Peace Conference in 1919 as chief representative of the British Treasury and advisor to Prime Minister David Lloyd George. He resigned after desperately trying and failing to reduce the huge demands for reparations being made on Germany. The Economic Consequences of the Peace is Keynes' brilliant and prophetic analysis of the effects that the peace treaty would have both on Germany and, even more fatefully, the world.
Secession in International Law with a Special Reference to the Post-Soviet Space
Author: Júlia Miklasová
Publisher: BRILL
ISBN: 9004702644
Category : Law
Languages : en
Pages : 757
Book Description
The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.
Publisher: BRILL
ISBN: 9004702644
Category : Law
Languages : en
Pages : 757
Book Description
The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.
Unrecognised Subjects in International Law
Author: Władysław Czapliński
Publisher: Wydawnictwo Naukowe Scholar
ISBN: 837383964X
Category : Law
Languages : en
Pages : 401
Book Description
edited by Władysław Czapliński and Agata Kleczkowska The book discusses a variety of issues related to two important international law institutions: international legal personality and recognition. Respective studies concern the legal situation and classification of various categories of non-recognised entities, the obligation to recognise and not to recognise specific subjects, rights and obligations of those entities (including, for example, state immunity and obligations in respect of human rights), and international liability for unlawful recognition. The authors of the texts are both eminent scientists, recognised specialists in the field of international law, as well as young lawyers, just starting their adventure with research work. The authors come from various parts of the world and represent a diverse approach to research methodology. Authors: Maurizio Arcari, Chun-i Chen, Władysław Czapliński, Natividad Fernández Sola, Łukasz Gruszczyński, Shotaro Hamamoto, Agata Kleczkowska, Anne Lagerwall, Margaret E. McGuinness, Marcin Menkes, Enrico Milano, Stefan Oeter, Dagmar Richter, Przemysław Saganek, Galina Shinkaretskaia, María Isabel Torres Cazorla, Szymon Zaręba.
Publisher: Wydawnictwo Naukowe Scholar
ISBN: 837383964X
Category : Law
Languages : en
Pages : 401
Book Description
edited by Władysław Czapliński and Agata Kleczkowska The book discusses a variety of issues related to two important international law institutions: international legal personality and recognition. Respective studies concern the legal situation and classification of various categories of non-recognised entities, the obligation to recognise and not to recognise specific subjects, rights and obligations of those entities (including, for example, state immunity and obligations in respect of human rights), and international liability for unlawful recognition. The authors of the texts are both eminent scientists, recognised specialists in the field of international law, as well as young lawyers, just starting their adventure with research work. The authors come from various parts of the world and represent a diverse approach to research methodology. Authors: Maurizio Arcari, Chun-i Chen, Władysław Czapliński, Natividad Fernández Sola, Łukasz Gruszczyński, Shotaro Hamamoto, Agata Kleczkowska, Anne Lagerwall, Margaret E. McGuinness, Marcin Menkes, Enrico Milano, Stefan Oeter, Dagmar Richter, Przemysław Saganek, Galina Shinkaretskaia, María Isabel Torres Cazorla, Szymon Zaręba.
Hollow Land
Author: Eyal Weizman
Publisher: Verso Books
ISBN: 1804297100
Category : Political Science
Languages : en
Pages : 369
Book Description
Hollow Land is a groundbreaking exploration of the political space created by Israel’s colonial occupation. In this journey from the deep subterranean spaces of the West Bank and Gaza to their militarized airspace, Eyal Weizman unravels Israel’s mechanisms of control and its transformation of the Occupied Territories into a theoretically constructed artifice, in which all natural and built features function as the weapons and ammunition with which the conflict is waged. Weizman traces the development of these ideas, from the influence of archaeology on urban planning, Ariel Sharon’s reconceptualization of military defense during the 1973 war, through the planning and architecture of the settlements, to contemporary Israeli discourse and practice of urban warfare and airborne targeted assassinations. In exploring Israel’s methods to transform the landscape and the built environment themselves into tools of domination and control, Hollow Land lays bare the political system at the heart of this complex and terrifying project of late-modern colonial occupation.
Publisher: Verso Books
ISBN: 1804297100
Category : Political Science
Languages : en
Pages : 369
Book Description
Hollow Land is a groundbreaking exploration of the political space created by Israel’s colonial occupation. In this journey from the deep subterranean spaces of the West Bank and Gaza to their militarized airspace, Eyal Weizman unravels Israel’s mechanisms of control and its transformation of the Occupied Territories into a theoretically constructed artifice, in which all natural and built features function as the weapons and ammunition with which the conflict is waged. Weizman traces the development of these ideas, from the influence of archaeology on urban planning, Ariel Sharon’s reconceptualization of military defense during the 1973 war, through the planning and architecture of the settlements, to contemporary Israeli discourse and practice of urban warfare and airborne targeted assassinations. In exploring Israel’s methods to transform the landscape and the built environment themselves into tools of domination and control, Hollow Land lays bare the political system at the heart of this complex and terrifying project of late-modern colonial occupation.