Subjects:

International Law

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.

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