Revisiting The Law Of Occupation
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Author | : Hanne Cuyckens |
Publisher | : BRILL |
Total Pages | : 298 |
Release | : 2017-10-23 |
Genre | : Law |
ISBN | : 9004353976 |
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 | : Hanne Cuyckens |
Publisher | : |
Total Pages | : 291 |
Release | : 2015 |
Genre | : |
ISBN | : |
Author | : Alejandro Chehtman |
Publisher | : |
Total Pages | : 39 |
Release | : 2013 |
Genre | : |
ISBN | : |
Author | : Md. Jahid Hossain Bhuiyan |
Publisher | : BRILL |
Total Pages | : 350 |
Release | : 2019-11-11 |
Genre | : Law |
ISBN | : 9004375546 |
This book examines the development of international humanitarian law (IHL), the protection of the victims of armed conflict, the IHL from a Third World perspective, the principles of distinction, proportionality and precaution under Islamic law and the issues faced in implementing IHL.
Author | : Aeyal Gross |
Publisher | : |
Total Pages | : 458 |
Release | : 2017 |
Genre | : Military occupation |
ISBN | : 9781108158015 |
As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.
Author | : Eliav Lieblich |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2022-12 |
Genre | : Military occupation |
ISBN | : 0198861036 |
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 | : Yuval Feldman |
Publisher | : |
Total Pages | : 257 |
Release | : 2018-06-07 |
Genre | : Law |
ISBN | : 1107137101 |
This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
Author | : Malgosia Fitzmaurice |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 304 |
Release | : 2012-12-07 |
Genre | : Law |
ISBN | : 9004242813 |
The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law
Author | : Michel Serres |
Publisher | : University of Michigan Press |
Total Pages | : 142 |
Release | : 1995 |
Genre | : Literary Criticism |
ISBN | : 9780472065493 |
Meditations on environmental change and the necessity of a pact between Earth and its inhabitants
Author | : Marco Longobardo |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2018-10-18 |
Genre | : History |
ISBN | : 1108473415 |
Explores the use of armed force in occupied territory under different international law branches.