Unlawful Territorial Situations in International Law

Reconciling Effectiveness, Legality and Legitimacy


This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law. It represents a very timely contribution to the debate concerning the nature, the aims and purpose of foreign interventions in the affairs of sovereign countries.
International lawyers have focussed on the important questions of the legal regime applicable to the conduct of the occupant and the authoritative decision-making processes by international institutions, but often neglected the broader and decisive question of the legality of the ‘foreign’ or ‘international’ presence as such. The author shows the relevance and, sometimes irrelevance, of international law to the determination of legality or illegality of the occupation, and how legal norms incorporate and interact with the concepts of effectiveness and legitimacy.
The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.

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"Any library featuring materials of both International Humanitarian Law and human rights must obtain this well-documented and insightful book for completeness of coverage." – in: American Society of International Law Newlsetter, 2006
"Dr Milano analyses the theoretical and practical significance of effectiveness and from this starting point examines the interplay between effectiveness, legality and that pragmatic halfway house, legitimacy, in contemporary unlawful territorial situations – a broader concept than occupation. In his conclusion he reflects on the ambiguous nature of effectiveness as a legal device placed both within and outside positive law, by looking at events in Iraq from 2003 onwards. This book is an absorbing and timely study of some of the major dilemmas of the contemporary international legal order." – From the "Foreword" by Christine Chinkin
Preface and Acknowledgments,
Table of Abbreviations,
Table of Cases,
Table of Treaties and other International Instruments,
Table of UN Resolutions and Documents,
Chapter 1 Introduction,
Chapter 2 The Concept of Effectiveness in International Law,
Chapter 3 Statehood and Territorial Sovereignty: The Tradition of Concreteness and Realism,
Chapter 4 Defining the Boundaries of Legality: Unlawfulness of Territorial Situations,
Chapter 5 Consequences of Unlawfulness,
Chapter 6 Testing Legality and Legitimacy in UN Territorial Competence,
Chapter 7 Conclusions: Reconciling Effectiveness, Legality and Legitimacy, Bibliography,
University Libraries, Academics and Students, Law Firms with specialization on Public International Law.