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The Transformation of Occupied Territory in International Law

Andrea Carcano

ISBN13: 9789004227873
Published: August 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £224.00



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This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council.

A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts.

Subjects:
Public International Law
Contents:
Editorial Foreword
Foreword (G. Abi-Saab)
Preface
Select List of Abbreviations
Table of Cases
Introduction
1. Scope of the research
2. Some issues of methodology

Chapter 1 International Law and Transformative Occupation: A Historical Perspective
1. Occupation as conquest and exploitation
2. Occupation as control and administration of territory
3. Occupation as transformation
4. Occupation as implementation of a ‘humanitarian agenda’: the Geneva Convention IV and Additional Protocol I
5. Conclusion

Chapter 2 International Law and Transformative Occupation: Contemporary Challenges
1. The development of the international law applicable to an occupation
2. Some contemporary arguments for transformative occupation
3. Conclusion

Chapter 3 The Occupation of Iraq (2003–5)
1. Chronology of key events
2. The legal status of the Coalition Forces in Iraq in April 2003
3. The status of the Coalition Forces during the looting of Baghdad
4. The role of the Offi ce of Reconstruction and Humanitarian Assistance
5. The Coalition Provisional Authority
6. Security Council Resolution 1483: framing the role of the main actors in the Iraqi crisis
7. Conclusion

Chapter 4 Occupation as Transformation: The Practice of the CPA
1. The dismantling of Saddam Hussein’s regime
2. The duty to restore ‘conditions of security and stability’
3. The administration and reform of the judicial system
4. The political and constitutional process to transform Iraq into a democracy
5. The transformation of the Iraqi economy
6. Conclusion

Chapter 5 The Democratisation of Iraq after the Demise of the CPA
1. The legal effects of the CPA’s legislation after its demise
2. The formation of the Interim Government
3. The content and effects of Resolution 1546
4. The scholarly debate
5. Towards full sovereignty: the practice of the elected Iraqi governments
6. The Withdrawal of the Multinational Force
7. Conclusion

Chapter 6 International Law and Transformative Occupation after Iraq
1. Break from or continuum with the past?
2. The occupation of Iraq as precedent

Bibliography
Index.