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Humanitarian Occupation

$140.00

Part of Cambridge Studies in International and Comparative Law

  • Date Published: March 2008
  • availability: In stock
  • format: Hardback
  • isbn: 9780521856003

$140.00
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  • This book analyzes a new phenomenon in international law: international organizations assuming the powers of a national government in order to reform political institutions. After reviewing the history of internationalized territories, this book asks two questions about these 'humanitarian occupations'. First, why did they occur? The book argues that the missions were part of a larger trend in international law to maintain existing states and their populations. The only way this could occur in these territories, which had all seen violent internal conflict, was for international administrators to take charge. Second, what is the legal justification for the missions? The book examines each of the existing justifications and finds them wanting. A new foundation is needed, one that takes account of the missions' authorisation by the UN Security Council and their pursuit of goals widely supported in the international community.

    • Includes the full history of international territorial administration, making this a unique reference source
    • First complete examination of the legal basis for the UN Security Council assuming the powers of a government, which explores the under-analysed question of the limits of its powers
    • First explanation of how international administration relates to widely-noted trends in international law
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    Reviews & endorsements

    "...well-organized, thorough, and able analysis...Fox's comprehensive and largely convincing analysis of the legal framework applicable to HO missions thus shifts the burden of legitimation almost completely to the Security Council...timely and recommendable book...provide an original and thoughtprovoking exercise in view of an international law regime constantly in flux."
    --Andreas Th. Müller, The Yale Journal of International Law [Vol. 34: 257, 2009]

    "...thoughtful analysis...Legal libraries, and International Law courses, would be more complete with the availability of this superbly written and supported primer for class and research use...Those who covet contemporary case studies will discover incredibly useful insight from Professor Fox's assessment of the UN occupations, especially in the balkans."
    --ASIL UN21 Interest Group Newsletter [ISSUE #39: May 2009]

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    Product details

    • Date Published: March 2008
    • format: Hardback
    • isbn: 9780521856003
    • length: 336 pages
    • dimensions: 234 x 158 x 24 mm
    • weight: 0.662kg
    • availability: In stock
  • Table of Contents

    Introduction
    Part I. Historical Antecedents:
    1. The historical origins of humanitarian occupation I - Governance in Service of Outsiders
    2. Historical origins of humanitarian occupation II - internationalised territory in the service of insiders
    3. Full international governance
    Part II. Why Humanitarian Occupation?:
    4. Rejected models of statehood
    5. Constructing the liberal state
    Part III. Legal Justifications:
    6. Conventional legal justifications
    7. The international law of occupation
    8. Reforming the law: the security council as legislator
    9. Conclusion.

  • Author

    Gregory H . Fox, Wayne State University
    Gregory H. Fox is Associate Professor of Law (tenured) at Wayne State University Law School, where he is the Inaugural Cohn Family Scholar in Legal History.

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