Revisiting the law of occupation / by Hanne Cuyckens.
2018
KZ6429 .C89 2018 (Mapit)
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Title
Revisiting the law of occupation / by Hanne Cuyckens.
Imprint
Leiden ; Boston : Brill Nijhoff, [2018]
Description
vii, 288 pages ; 25 cm.
Series
Nova et vetera iuris gentium ; no. 30.
Formatted Contents Note
Occupation: a conceptual analysis
Current challenges to the law of occupation
The flexibility in the law of occupation itself
International human rights law as a 'gap-filler'
The United Nations Security Council as a 'modulator' of the law of occupation.
Current challenges to the law of occupation
The flexibility in the law of occupation itself
International human rights law as a 'gap-filler'
The United Nations Security Council as a 'modulator' of the law of occupation.
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: 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.
Note
Based on the author's thesis (doctoral - Katholieke Universiteit te Leuven, 2015).
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: 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.
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: 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, etc. Note
Includes bibliographical references and index.
Location
STA
Available in Other Form
Online version: Cuyckens, Hanne, 1984- Revisiting the law of occupation. Leiden ; Boston : Brill, 2018
Call Number
KZ6429 .C89 2018
Language
English
ISBN
9789004346505 (hardcover alkaline paper)
9004346503 (hardcover alkaline paper)
9789004353978 (e-book)
9004353976
9789004353978
9004346503 (hardcover alkaline paper)
9789004353978 (e-book)
9004353976
9789004353978
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