Moving the law of occupation into the twenty-first century / Breven C. Parsons
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Article
Title:
Moving the law of occupation into the twenty-first century
Author zone:
Breven C. Parsons
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English
Abstract:
The article uses historical examples to illustrate the state practice of avoiding the law of occupation. These historical examples highlight the tension between the existing law and state practice and underscore the necessity to update the law of occupation. It discusses some of the proposed theories for changing the law of occupation and argues for an international treaty built upon the current law, with four major components. Those components include: 1) creating a mechanism for multilateral international oversight of the occupant’s activities, 2) requiring U.N. approval or other multilateral agreement for the system of administration of the occupation, 3) incorporating by reference certain human rights to solidify the application of those rights within the lex specialis of the law of occupation, and 4) allowing for departure from the conservationist principle in limited cases with legitimate transformative objectives.
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