The Law of Occupation

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  • The Law of Occupation Book Detail

  • Author : Yutaka Arai
  • Release Date : 2009
  • Publisher : BRILL
  • Genre : Law
  • Pages : 801
  • ISBN 13 : 9004162461
  • File Size : 57,57 MB

The Law of Occupation by Yutaka Arai PDF Summary

Book Description: This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.

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The Law of Occupation

The Law of Occupation

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This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent t

The International Law of Occupation

The International Law of Occupation

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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 th