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The International Law of Occupation (Paperback, 2nd Revised edition)
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The International Law of Occupation (Paperback, 2nd Revised edition)
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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'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.
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