The International Law of Occupation / Edition 2

Hardcover (Print)
Used and New from Other Sellers
Used and New from Other Sellers
from $71.50
Usually ships in 1-2 business days
(Save 48%)
Other sellers (Hardcover)
  • All (8) from $71.50   
  • New (4) from $111.98   
  • Used (4) from $71.50   

Overview


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.

Read More Show Less

Product Details

  • ISBN-13: 9780199588893
  • Publisher: Oxford University Press, USA
  • Publication date: 4/30/2012
  • Edition number: 2
  • Pages: 350
  • Sales rank: 1,320,573
  • Product dimensions: 6.30 (w) x 9.30 (h) x 1.30 (d)

Meet the Author

Eyal Benvenisti is the Anny and Paul Yanowicz Professor of Human Rights at Tel Aviv University Faculty of Law. He was previously Hersch Lauterpacht Professor of International Law at the Hebrew University of Jerusalem Faculty of Law. He was formerly Director of the Cegla Center for Interdisciplinary Research of the Law (2002-2005) and Director of the Minerva Center for Human Rights at the Hebrew University (2000-2002). He is a member of the Global Law Faculty of New York University School of Law (since 2003) and has been a Visiting Professor of Law at Harvard Law School, Columbia Law School, University of Michigan School of Law, University of Pennsylvania Law School. A Humboldt Fellow at the Humboldt University and the University of Munich and a Visiting Fellow at the Max Planck Institute for International Law at Heidelberg. His publications include Sharing Transboundary Resources: International Law and Optimal Resource Use (2002) and many articles.

Read More Show Less

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
1. Introduction: The concept of Occupation
2. The Evolution of the Concept of Occupation in the 18th and 19th Centuries
3. The Hague Law in Theory and Practice: The Law of Occupation as Interpreted and Applied During and After the Two World Wars
4. The Geneva Convention (IV) of 1949
5. The Practice of Occupants Since 1949
6. The Israeli Occupation of the West Bank and Gaza
7. The Occupation of Iraq (2003-2005)
8. The Impact of Developments in other areas of Law: Self determination, Human Rights, Law, Democracy, State Responsibility
9. Collective Occupation: "Peace Keeping" and "Post-Conflict" Administration as Alternative Modalities to Occupation
10. Ending Occupations
11. The Enforcement Gap: Modalities for Monitoring Occupants
12. Conclusion

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)