Accession Number:

ADA444431

Title:

The Humanitarian Bailment of Foreign Possessed Territories: A Proactive Method of Legal Analysis

Descriptive Note:

Master's thesis

Corporate Author:

JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA

Personal Author(s):

Report Date:

1996-04-01

Pagination or Media Count:

242.0

Abstract:

During the last two centuries international law has shifted its focus from the regulation of governing elites and the power relationships between such elites to concern for the rights of individuals and peoples. As a result, the right of a state to use force dwindled from an absolute right to a right only for self or collective defense. Additionally, to avoid acknowledgment of de facto armed conflicts, states have made the armed conflict threshold a legal question. This thesis posits that a judge advocate using a bailment view of foreign possession operations will be able to apply the correct law to those operations regardless of where the operations fall on the permissive entry to belligerent occupation continuum.

Subject Categories:

  • Sociology and Law
  • Military Operations, Strategy and Tactics

Distribution Statement:

APPROVED FOR PUBLIC RELEASE