By: Eyal Benvenisti

Hardcover

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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 responsibilityThe 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.

`The second edition seeks to make sense of an explosion in state practice, judicial opinions, UN-sponsored activity, emerging cognate doctrines, and scholarly commentary, all of which have placed occupation law at the centre of some of the thorniest (and most politicized) debates in contemporary international law.' Gregory Fox, European Journal of International Law

1: Introduction2: The Evolution of the Concept of Occupation in the 18th and 19th Centuries3: The Characterization of Occupation4: The Law on the Administration of Occupied Territories5: Occupations During and After World War I: Early Challenges to the Traditional Law of Occupation6: The Law of Occupation in the Wake of World War II7: Occupations Since the 1970s8: The Israeli Occupation of the West Bank and Gaza9: The Occupation of Iraq 2003-0510: The Administration of Territory by the United Nations: The Case of UNMIK in Kosovo11: The Law on Post-Occupation: The Lasting Effects of the Occupant's Legislation12: Enforcement Mechanisms for Compliance with the Law of Occupation13: Conclusion

ISBN: 9780199588893
ISBN-10: 0199588899
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 416
Published: 23rd February 2012
Dimensions (cm): 24.0 x 16.3  x 3.14
Weight (kg): 0.774