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The Law of Military Occupation from the 1907 Hague Peace Conference to the Outbreak of World War II

Was Further Codification Unnecessary or Impossible

Bibliographic Data

ID12199592
AuthorsThomas Graditzky (PhD candidate, Faculty of Law and Criminology, Université libre de Bruxelles (ULB), Brussels, Belgium, corresponding author)
Year2018
Volume29
Issue4
Pages1305-1326
Publication date2018-10-08
Open AccessYes
TypeARTICLE
VenueEuropean Journal of International Law (JOURNAL)
Journal identifiersISSN: 0938-5428 • E-ISSN: 1464-3596
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/ejil/chy063
OpenAlexW2912222696
LanguageEN

World War I is commonly perceived as having had a profound impact on international law. Such a general perception, be it justified or not, might in any event prove erroneous when looking at specific areas of this law. A focus on the law governing military occupation reveals a notable absence of change over the course of the war and the subsequent interwar period. In search of possible reasons, this article first looks at various opportunities that emerged – but were not ultimately seized – to adapt treaty law in the period between the two world wars. It then assesses whether changes had in fact occurred through other channels such as customary international law or treaty interpretation. Based on the observation that no meaningful change intervened, can it be concluded that, on the whole, the Hague regulations on military occupation met stakeholders’ expectations and therefore were not altered? The author suggests, rather, that the equilibrium founded in The Hague in 1899 (and confirmed in 1907) on the lines of tension between the states involved remained operational throughout the period under scrutiny

Ancient history · First world war · International law · Interpretation (philosophy · Interwar period · Law of war · Peace treaty · Period (music · Political science · Politics · Scrutiny · Sociology · Treaty · World War II · International Law and Aviation · International Law and Human Rights · History · Law

Highly citedNo

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