
As an Amazon Associate and affiliate partner, Menrva Books earns from qualifying purchases. Learn more
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.
This volume investigates the legal framework governing the actions of states that exercise effective control over foreign territory during armed conflict. Authors Eyal Benvenisti and Eliav Lieblich, both established scholars in international law, utilize a combination of historical precedent, treaty analysis, and modern legal theory to examine the inherent tensions between occupant authority and the rights of the local population. The text argues that the law of occupation functions as a temporary trusteeship rather than a transfer of sovereignty, providing a structured approach to assessing state conduct in occupied zones.
What You Will Find
Scope Limits
Experts identify this volume as a clear and accessible entry point for students and practitioners navigating the complexities of occupation law. Readers frequently note the clarity of the prose, which effectively distills dense legal dilemmas into a coherent framework for assessment.
Page Count:
336
Publication Date:
2022-01-01
Publisher:
OUP Oxford
ISBN-10:
0192605216
ISBN-13:
9780192605214
No comments yet. Be the first to share your thoughts!