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