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5 - The Applicability of the Law of Occupation to UN Administration of Foreign Territory

Published online by Cambridge University Press:  13 August 2021

Joseph E. David
Affiliation:
Sapir Academic College, Israel
Yaël Ronen
Affiliation:
Academic Center for Science and Law, Hod Hasharon, Israel
Yuval Shany
Affiliation:
Hebrew University of Jerusalem
J. H. H. Weiler
Affiliation:
New York University
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Summary

In this chapter I examine the UN position with respect to the legal status of the administration of territory by UN-authorised actors. The essay first explores whether the law of occupation applies to direct administration of foreign territory by the UN or its authorised organs. It then examines as a case study the practice of the UN administration of Kosovo. The essay argues that unfettered discretion for civil servants, even international civil servants, undermines the functionality of any administration. Embracing the discipline of accountability embedded in the law of occupation for UN-led administration of territories is therefore required. This discussion provides the grounding for the argument that as a matter of both lex lata and lex ferenda any administration of territories without a valid sovereign consent, even when exercised by the UN, qualifies as an occupation, and is hence subject to the requirements of the law of occupation.

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Publisher: Cambridge University Press
Print publication year: 2021

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