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The International Law of Occupation - Second Edition
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The International Law of Occupation - Second Edition

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Overview
Published 23 Feb 2012 (OUP)
ISBN: 978019958889. Hard Cover, 416 pages.
Description

Eyal Benvenisti 

  • New edition of a landmark book on the international law of occupation, written by one of the most respected experts on the issue 
  • Features new chapters on the historical evolution of the concept of occupation, collective 'peacekeeping' or 'post-conflict' occupations, the occupation of Iraq, and on the obligation to end occupations 
  • Expanded chapters on the Israeli occupation of the West Bank and Gaza and on the impact of developments in other areas of law, including self-determination, human rights law, democracy, and State responsibility 
New to this edition 

  • Coverage of new developments since 1992; new chapters on the historical evolution of the concept of occupation, collective 'peacekeeping' or 'post-conflict' occupations, the occupation of Iraq, and on the obligation to end occupations; expanded chapters on the Israeli occupation of the West Bank and Gaza and on the impact of developments in other areas of law, including self-determination, human rights law, democracy, and State responsibility 
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. 

Readership: Scholars and students of international humanitarian law and international human rights law; scholars and students of international relations; legal officers in NGOs and foreign offices dealing with questions relating to occupation; army legal advisers 

Table of Contents

1: Introduction 

2: The Evolution of the Concept of Occupation in the 18th and 19th Centuries 

3: The Characterization of Occupation 

4: The Law on the Administration of Occupied Territories 

5: Occupations During and After World War I: Early Challenges to the Traditional Law of Occupation

6: The Law of Occupation in the Wake of World War II 

7: Occupations Since the 1970s 

8: The Israeli Occupation of the West Bank and Gaza 

9: The Occupation of Iraq 2003-05 

10: The Administration of Territory by the United Nations: The Case of UNMIK in Kosovo 

11: The Law on Post-Occupation: The Lasting Effects of the Occupant's Legislation 

12: Enforcement Mechanisms for Compliance with the Law of Occupation 

13: Conclusion

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