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Yulia Gorbunova

’s Parliament to adopt a law accepting the new regions as parts of the Russian Federation – which it did. And as far as Russia was concerned, Crimea was now part of Russia. Putting aside historical and political issues such as reasons and motives that led to Russia’s occupation of Crimea and the controversial

Ninon Colneric

, whether or not they have ratified the relevant conventions. One of these categories is the elimination of discrimination in respect of employment and occupation. This matter is covered by ilo Convention No. 111 of 1958 concerning discrimination in respect of employment and occupation. 2 The fact that

Grotius and Empire

On Andrew Fitzmaurice ‘Sovereignty, Property and Empire 1500 – 2000’

Camilla Boisen

‘Western political thought is a fractured and incoherent body with porous boundaries’ (p. 13). Fitzmaurice’s originality lies exactly in underlining this fracture in the Western political thought of empire. He does this through the lens of the law of occupation and demonstrates how it was used to both

Brinda J. Mehta

of identity, Nothing to Lose but Your Life discursively frames the lives of undocumented West Bank Palestinian laborers, “faceless illegal workers.” 2 As the economics of this geography emerge, these workers are shown to be both agents and transient despite nationalist politics of occupation and

David Sciulli

on two points. First, professions cannot be distinguished at a conceptual level from other occupations. Second, whatever consequences either successful or failed professionalism introduces into civil society or state administration are confined to the occupational order and stratification system. They

Accounting for the Occupation

A Review of The Political Economy of Israel’s Occupation: Repression beyond Exploitation by Shir Hever

Paul Kohlbry

Shir Hever, The Political Economy of Israel’s Occupation: Repression beyond Exploitation , London: Pluto Press, 2010 Palestine, so the slogan goes, is open for business. Hardly a day passes in Ramallah without some sort of business-related event, and former investment bankers and ceo s

Oliver Diggelmann

-term occupations (3.2), and the role of international law with respect to prisoners of war (3.3). These questions are deemed central as they can be regarded as the most important ones concerning international law during the war insofar as they are directly linked with its central characteristics: a hitherto

Ghada Ageel

prerequisites for revolution. Moreover, such scholars have contended, outdistancing the prerequisites, the Palestinian case is even riper for an uprising. Palestine has suffered 67 years of intensive colonization, 47 years of brutal military occupation, 22 years of an utterly failed and false “peace process

The Law of Occupation

Continuity and Change of International Humanitarian Law, and its Interaction with International Human Rights Law

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Yutuka Arai

This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I.
After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.

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Hanne Cuyckens

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 without formal modification of the former: 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.