Revisiting the law of occupation / by Hanne Cuyckens.

Format:

Book

Author/Creator:

Cuyckens, Hanne, 1984-

Series:

Nova et Vetera Iuris Gentium 30.

Nova et vetera iuris gentium ; v. 30

Language:

English

Subjects (All):

Military occupation.

Physical Description:

1 online resource (288 pages).

Place of Publication:

Leiden ; Boston : Brill, 2018.

Summary:

In Revisiting the Law of Occupation , Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed without formal modification of the former: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.

Contents:

Front Matter

Contents

Introduction

The Law of Occupation and Current Challenges

Occupation: A Conceptual Analysis

Current Challenges to the Law of Occupation

Addressing the Challenges Faced by the Law of Occupation

The Flexibility in the Law of Occupation Itself

International Human Rights Law as a ‘Gap-Filler’

The United Nations Security Council as a ‘Modulator’ of the Law of Occupation

General Concluding Remarks.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

Based on author's thesis (doctoral - Katholieke Universiteit te Leuven, 2015).

ISBN:

90-04-35397-6

Publisher Number:

10.1163/9789004353978 DOI