The Application of UN Charter Chapter XI to Military Occupations

• Main Author: Attenhofer, Jonas (auth)
• Format: Electronic Book Chapter
• Language: English
• Published: Baden-Baden Nomos Verlagsgesellschaft mbH & Co. KG 2022
• Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht Band 318
• Subjects: LBB; Art. 73 UN-Charta, Besatzungsherrschaft, besetzte Gebiete, bewaffneter Konflikt, Haarger Landkriegsordnung, Kolonien, kriegerische Besetzung, occupied territory, Selbstregierung, Selbstverwaltung, staatliche Unabhängigkeit, Treuhandsystem, trust territories, UN-Charta, Vereinte Nationen, ius ad bellum, geneva conventions, human rights, use of force, hague regulations, UN charter, sustainable development, humanitarian law, ius in bello, sovereign equality, right to peace, laws of war, military occupation
• Online Access: DOAB: download the publication; DOAB: description of the publication

This book argues that Chapter XI of the UN Charter should be applied to military occupations. The book operates in two parts. First, it describes the status quo of the law of military occupation and the economic incentive that this status quo holds for the occupant. Second, it shows by way of a contemporary interpretation, how Chapter XI should be applied and what it would mean for the economic rights of the inhabitants. It will be argued that the application of Chapter XI would make it economically unattractive for an occupant to stay in the foreign territory, while leaving his right to self-defense intact. This book is of interest to scholars and practitioners who are seeking new avenues for the laws of military occupation.

This book argues that Chapter XI of the UN Charter should be applied to military occupations. The book operates in two parts. First, it describes the status quo of the law of military occupation and the economic incentive that this status quo holds for the occupant. Second, it shows by way of a contemporary interpretation, how Chapter XI should be applied and what it would mean for the economic rights of the inhabitants. It will be argued that the application of Chapter XI would make it economically unattractive for an occupant to stay in the foreign territory, while leaving his right to self-defense intact. This book is of interest to scholars and practitioners who are seeking new avenues for the laws of military occupation.