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Vol 21 No 11 Nov/Dec 2016

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Restoring and Maintaining Order in Complex Peace Operations: The Search for a Legal Framework

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ISBN13: 9789041111791
ISBN: 9041111794
Published: July 1999
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £184.00



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This volume contains a detailed study of the applicable international law relevant to peace operations in the context of collapsed states, in the establishment of safe havens or in a general enforcement role.

It discusses the interaction and the often complex legal relationships between non-government humanitarian actors, relevant UN agencies, the warring parties and international peace forces under international law and practice.

In particular, the book deals with issues concerning the implications of contemporary peace operations for military forces in terms of force structure, operating procedures and training. The book focuses on the often overlooked but critical issues of the interim administration of law and order in complex operations and on the reconstruction of a local capability in this regard. Many contemporary operational challenges are analyzed, including the Balkans and the Middle East. In particular, the book includes a detailed case study of Somalia based on the author's personal knowledge, experience and access to information on the ground in his capacity as military legal adviser to the Australian Defence Force Contingent in Somalia.

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Subjects:
Public International Law
Contents:
Preface. Acknowledgements. Table of Principal Cases. Table of Principal Treaties. Abbreviations. Introduction. Part I: The Problem.
1. The US led UNITAF Intervention -- Into the Breach.
2. The Australian Experience in Somalia.
3. UNOSOM II -- The Mission Derailed.
4. The Legal Framework Alternatives for Dealing with Collapsed State Emergencies. Part II: A Solution.
5. The Historical Development of the Laws of Occupation.
6. The Current State of the Laws of Occupation and Their Application to Peace Operations.
7. Obligation Meets Utility -- The Provisions of the Laws of Occupation. Part III: Conclusion.
8. The Challenge of Intervention and the Laws of Occupation.
9. The Practical Implications for Military Forces -- Meeting the Challenge. Annexes. Bibliography.