EBOOK International Law of Occupation -

EBOOK International Law of Occupation

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Wydawnictwo: Oxford University Press
ISBN: 9780191639579
EAN: E387CABAEB
Format: 0,0 x 0,0 x 0,0
Oprawa: ...
Stron: 416
Data wydania: 2012
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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'searly        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 growingattention 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 sovereignauthority are therefore bound to be reflected also in the        law of occupation, and vice-versa.

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