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The international law of occupation.
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ISBN: 0691056668 9780691056661 Year: 2004 Publisher: Princeton (N.J.) Princeton university press


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Enforcing Human Rights of Palestinians in the Occupied Territory
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ISBN: 3941159305 3941159313 Year: 2018 Publisher: Berlin; Bern Carl Grossmann Verlag

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"The situation in Palestine has influenced the deployment of international human rights law and international humanitarian law. The impact of longterm Israeli occupation and the rule of the Palestinian Authority in the Occupied Territory is multifaceted. Despite the various research on Palestine, human rights, and the rule of law, few studies have been conducted on the enforcement mechanisms of human rights in Palestine. This study examines the applicability of international human rights and humanitarian laws as well as domestic laws to assess the contribution of these directives in protecting the fundamental human rights of Palestinians in the Occupied Territory. It conducts an in-depth case study of three basic rights: the right to movement, the right to property, and the right to equality and non-discrimination in the Occupied Territory. The study further examines the role of the Palestinian High Court of Justice and the Israeli Supreme Court in implementing domestic and international laws. In this regard, the study examines the major laws which are invoked, in certain circumstances, to limit the ability of Palestinians to confiscate, expropriate, and destruct their private property, and to implement discriminatory practices against them. The study further examines whether the available international and domestic mechanisms are effective, and if not, it suggests modifications upon which a functional national and international system could be built.The findings of the research demonstrate that international human rights treaties and international humanitarian law conventions are de facto and de jure applicable in the Occupied Territory. As a result of the aforementioned in-depth study cases, it can be concluded that human rights violations against Palestinians in the Occupied Territory are committed by the Palestinian Authority and the Israeli government. In addition, the Palestinian and the Israeli judiciaries have failed to grant Palestinians reasonable protection or a just remedy, and they are dysfunctional and politically driven. The study concludes with a proposal for new mechanisms for Palestinians to redress human rights violations. The further outcomes of this study argue that neither international human rights nor humanitarian law guarantee full protection for Palestinians. Hence, the implication of the findings indicates that the regulations of international human rights and humanitarian laws, which were made by the powers of the nineteenth century with their colonial provisions, might not fit to the present complications of the current challenges to international law in Palestine. The goal is to promote a re-thinking approach to the employment of human rights to serve all people in an efficient and well-organized system. The scope of this study is not meant to grant Palestinians favorable treatment in the multilateral international system, but to achieve just and successful remedies for victims of human rights violations."


Book
The writing on the wall : rethinking the international law of occupation
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ISBN: 1108158013 1108158854 1316536300 1107145961 131650932X Year: 2017 Publisher: Cambridge : Cambridge University Press,

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As Israel's control of the Occupied Palestinian Territory nears its fiftieth anniversary, The Writing on the Wall offers a critical perspective on the international law of occupation. Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.


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The international law of belligerent occupation.
Author:
ISBN: 9780521896375 9780511818257 9780521720946 052172094X Year: 2009 Publisher: Cambridge Cambridge university press

Occupation
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ISBN: 0429228759 1134931603 1280327359 0203317327 0203143469 9781134931606 9780203143469 0415058465 9780415058469 0415058465 9781134931552 9781134931590 113493159X 9780429228759 9781280327353 9780203317327 Year: 1992 Publisher: London [New York, NY] Routledge

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In this exploration of the nature of occupation, Eric Carlton concentrates on the complex relationship between military authority and civilian population and explores the methods used by dominant powers ot maintain their authority. Drawing from a wide range of case studies, including examinations of British colonial interests in India and the Nazi atrocities of the Second World War, Dr Carlton assesses the nature of social control and the effect of ideology on the exercising of power, and considers the moral aspects of military repression.


Book
A history of military occupation from 1792 to 1914
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ISBN: 1474418678 0748676023 9781474418676 9780748676002 0748676007 9780748676026 9780748675999 074867599X 074867599X 9780748675999 147442841X 9781474428415 Year: 2016 Publisher: Edinburgh Edinburgh University Press

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An understanding of military occupation as a distinct phenomenon first emerged in the 18th century. This book shows how this understanding developed and the problems that the occupiers, the occupied, commentators and the courts encountered.


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The international law of belligerent occupation
Author:
ISBN: 1107201705 1283330296 9786613330291 1139134809 1139129759 1139133691 0511504799 0511818254 0511506937 9781139129756 9781139134804 9780521896375 0521896371 9780521720946 052172094X 9780511506932 9780511818257 9781107201705 9781283330299 6613330299 9781139133692 9780511504792 Year: 2009 Publisher: Cambridge New York Cambridge University Press

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The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.


Book
Dollar diplomacy by force
Author:
ISBN: 9781469628127 1469628120 9781469626963 1469626969 9781469626956 1469626950 9798890849519 Year: 2016 Publisher: Chapel Hill

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In the early 20th century, the US set out to guarantee economic and political stability in the Caribbean without intrusive military interventions - and ended up achieving the opposite. Using military and government records from the US and the Dominican Republic, this work investigates the extent to which early 20th century US involvement in the Dominican Republic changed both Dominican history and the conduct of US foreign policy.


Book
The international law of belligerent occupation
Author:
ISBN: 1108572774 1108671470 1108497977 1108571174 Year: 2019 Publisher: Cambridge : Cambridge University Press,

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Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length - exceeding half a century and still in progress - and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts.


Book
Spatial histories of occupation : colonialism, conquest and foreign control in Asia
Authors: ---
ISBN: 1350257028 1350252689 135025262X Year: 2022 Publisher: London [England] : [London, England] : Bloomsbury Academic, Bloomsbury Publishing,

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"This open access book explores how different spatial geographies emerged, adapted or were transformed in various occupied and colonial settings around Asia, showing how the experiences of those living under occupation shaped and was shaped by new interpretations and typologies of 'space'. With case studies across South, Southeast and East Asia and through a variety of disciplinary perspectives, Spatial Histories of Occupation adopts a trans-Asian comparative approach to show how the experiences of occupation and colonialism shifted under particular spatial typologies, particularly in urban, maritime and rural settings. Revealing the similarities, differences and connections that existed between and across different spaces of foreign occupation and colonialism in modern Asian history, this book shows how a focus on historical geography and 'space' can revise our broader categories and conceptualisations related to occupation; be it under colonial, wartime or Cold War powers. The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by The European Research Council."--

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