The Humanitarian Bailment of Foreign Possessed Territories: A Proactive Method of Legal Analysis
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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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.
- Sociology and Law
- Military Operations, Strategy and Tactics