Humanitarian Occupation

This book analyzes the legal implications of international organizations assuming the powers of national governments.

Gregory H . Fox (Author)

9780521856003, Cambridge University Press

Hardback, published 21 February 2008

336 pages
23.4 x 15.8 x 2.4 cm, 0.662 kg

'… a revolutionary response to the relation between freedom and authority …' The Journal of ICLQ

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.

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.

Subject Areas: International humanitarian law [LBBS], Public international law [LBB], International relations [JPS]