The Antinomies of Transformative Occupation
Bibliographic Data
| ID | 12199871 |
|---|---|
| Authors | Nehal Bhuta (European University Institute, corresponding author) |
| Year | 2005 |
| Volume | 16 |
| Issue | 4 |
| Pages | 721-740 |
| Publication date | 2005-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/chi145 |
| OpenAlex | W2049716028 |
| Language | EN |
| Citations received | 14 |
In this article, the author sketches a preliminary conceptual history of the idea of belligerent occupation by situating its emergence in the particular conditions of the European land order as it evolved after the Congress of Vienna in 1815. He argues that the development of occupatio bellica as a legal institution can be seen as part of the wider effort to re-found and restore the concrete spatial order of the jus publicum Europaeum, in response to the twin perils of revolutionary war and wars of liberation. He develops an analogy between the classical concept of belligerent occupation and the Roman institution of commissarial dictatorship. He contends that the US occupation of Iraq is accurately regarded as a 'transformative' occupation, which is analogous to a shift from commissarial to sovereign dictatorship. Sovereign dictatorship and transformative occupation are fraught with political risk, as their success depends on a precarious dialectic of subordination and legitimation
Allegiance · Belligerent · Dictatorship · Institution · Political science · Politics · Sociology · Sovereignty · Global Peace and Security Dynamics · International Law and Human Rights · History · Law
Self-Determination, Occupation and the Authority to Exploit Natural Resources
Three arenas of struggle
Jurisdiction as Sovereignty Over Occupied Palestine
Occupied Iraq
The Origins of the Concept of Belligerent Occupation
Transformative occupation and the unilateralist impulse
A different sense of humanity
Preoccupied with occupation
Israel-Palestine Through a Settler-colonial Studies Lens
Transformative Military Occupation
The Prohibition of Annexations and the Foundations of Modern International Law
An international civilization? Empire, internationalism and the crisis of the mid-twentieth century
Foreign Military Presence and the Changing Practice of Sovereignty
International Law and the Transformation of War, 1899-1949
| Unique citing works | 14 |
|---|---|
| Citations per year | 0,7 |
| Citation span | 2006 - 2024 (19) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 14 |