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This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
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'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 war in Kosovo was a turning point: NATO deployed its armed forces in war for the first time, and placed the controversial doctrine of 'humanitarian intervention' squarely in the world's eye. It was an armed intervention for the purpose of implementing Security Council resolutions-but without Security Council authorization.This report tries to answer a number of burning questions, such as why the international community was unable to act earlier and prevent the escalation of the conflict, as well as focusing on the capacity of the United Nations to act as global peacekeeper.The Commission recommends a new status for Kosovo, 'conditional independence', with the goal of lasting peace and security for Kosovo-and for the Balkan region in general. But many of the conslusions may be beneficially applied to conflicts the world-over.
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The book comprehensively discusses legal and political issues of non-recognized entities in the context of international and European Law, combining perspectives of international and European law with those of the non-recognized entities themselves.
This four-volume encyclopedia set offers coverage of all aspects of human rights theory, practice, law, and history.
This is the first major exploration of the United Nations Security Council's part in addressing the problem of war, both civil and international, since 1945. Both during and after the Cold War the Council has acted in a limited and selective manner, and its work has sometimes resulted in failure. It has not been - and was never equipped to be - the centre of a comprehensive system of collective security. However, it remains the body charged with primary responsibility for international peace and security. It offers unique opportunities for international consultation and military collaboration, and for developing legal and normative frameworks. It has played a part in the reduction in the incidence of international war in the period since 1945. This study examines the extent to which the work of the UN Security Council, as it has evolved, has or has not replaced older systems of power politics and practices regarding the use of force. Its starting point is the failure to implement the UN Charter scheme of having combat forces under direct UN command. Instead, the Council has advanced the use of international peacekeeping forces; it has authorized coalitions of states to take military action; and it has developed some unanticipated roles such as the establishment of post-conflict transitional administrations, international criminal tribunals, and anti-terrorism committees. The book, bringing together distinguished scholars and practitioners, draws on the methods of the lawyer, the historian, the student of international relations, and the practitioner. It begins with an introductory overview of the Council's evolving roles and responsibilities. It then discusses specific thematic issues, and through a wide range of case studies examines the scope and limitations of the Council's involvement in war. It offers frank accounts of how belligerents viewed the UN, and how the Council acted and sometimes failed to act. The appendices provide comprehensive information - much of it not previously brought together in this form - of the extraordinary range of the Council's activities. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
The international administration of troubled states - whether in Bosnia, Kosovo, or East Timor - has seen a return to the principle of trusteeship; that is when some form of international supervision is required in a particular territory in order both to maintain order and to foster the norms and practices of fair self-government. This innovative study rescues the normative discourse of trusteeship from the obscurity into which it has fallen since decolonization. It traces the development of trusteeship from its emergence out of debates concerning the misrule of the East India Company; its internationalization in imperial Africa; its institutionalization in the League of Nations mandates system, and, then, in the United Nations trusteeship system; and the destruction of its legitimacy by the ideas of self-determination and human equality. No other book brings this rich historical experience to bear on the dilemmas posed by the resurrection of trusteeship after the end of the Cold War. It is with a view to contemporary world problems that this book explores the obligations that attach to preponderant power and the limits that should be observed in exercising that power for the sake of global good. The book concludes by arguing that trusteeship remains fundamentally at odds with the ideas of human dignity and equality.
The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.