The law of occupation : : continuity and change of international humanitarian law, and its interaction with international human rights law / / by Yutaka Arai-Takahashi.

• Superior document: International law in Japanese perspective ; v. 11
• Author: Arts & Humanities Research Council (Great Britain); Arai, Yutaka, 1969-
• TeilnehmendeR: Arts & Humanities Research Council (Great Britain)
• Year of Publication: 2009
• Language: English
• Series: International law in Japanese perspective ; v. 11.
• Physical Description: 1 online resource (800 p.)
• Notes: "Arts & Humanities Research Council."

This monograph 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 la...

Table of Contents

• The scope of application of the law of occupation
• Sources of the law of occupation
• The legislative competence of the occupying power under Article 43 of the 1907 Hague regulations
• The legislative competence of the occupying power under the fourth Geneva convention
• The administrative and judicial structures in occupied territory
• Regulations of the economy in occupied territory
• The prohibition of the destruction of enemy property in occupied territory
• The prohibition of the seizure and use of public property in occupied territory
• Private property in occupied territory
• The protection of cultural property in occupied territory
• General principles governing the protection of fundamental rights in international humanitarian law
• Hostilities in occupied territory, protected persons, and participants in hostilities
• Specifically prohibited acts in occupied territory
• The expanding catalogue of human rights of non-derogable nature
• Procedural safeguards and fair trial guarantees in occupied territory
• The extraterritorial application of international human rights law in occupied territory
• The applicability of the law of occupation to UN peace support operations and UN post-conflict administration
• The nature of customary international humanitarian law revisited
• Identifying customary IHL in occupied territories on the basis of its interplay with customary international human rights law.
• Economic, social and cultural rights in occupied territory
• IHL-based rights of women and children in occupied territories
• Other specific IHL-based rights of individual persons in occupied territory
• The relationship between international human rights law and international humanitarian law in occupied territories
• The effective convergence between IHL and international human rights law in guaranteeing the right to life in situations of "Volatile Occupation".