The law of occupation
Subtitle: continuity and change of international humanitarian law, and its interaction with international human rights law
By: edited by Yutuka Arai.
Contributors: Arai, Yutuka.
Series: International law in Japanese perspective -- v. 11
Publisher: Martinus Nijhoff Publishers
Published: 2009
Place of publication: Leiden; Boston
Language: eng
Number of pages: 758
ISBN-13: 9789004162464
Subjects: Military occupation; Humanitarian law; Human rights; War (International law)
Description: "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"--P. [4] of cover.
Notes: Includes bibliographical references and index.
Table of contents: title: The scope of application of the law of occupation; title: The meaning of occupation and the scope of application ratione materiae of the   law of occupation; title: The scope of application ratione personae of the law of occupation; title: The scope of application ratione temporis of the law of occupation; title: The rules concerning postliminium; title: Different categories of occupation; title: Basic rules on the law of belligerent occupation; title: The exclusion of applicability of the law of occupation?