Revisiting the law of occupation / / by Hanne Cuyckens.

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...

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Place / Publishing House:Leiden ;, Boston : : Brill,, 2018.
Year of Publication:2018
Language:English
Series:Nova et Vetera Iuris Gentium 30.
Physical Description:1 online resource (288 pages).
Notes:Based on author's thesis (doctoral - Katholieke Universiteit te Leuven, 2015).
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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.
Bibliography:Includes bibliographical references and index.
ISBN:9004353976
Hierarchical level:Monograph
Statement of Responsibility: by Hanne Cuyckens.