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International Humanitarian Law

University of Michigan Law School

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The Law Of Occupation And Un Administration Of Territory: Mandatory, Desirable, Or Irrelevant?, Steven R. Ratner Jan 2012

The Law Of Occupation And Un Administration Of Territory: Mandatory, Desirable, Or Irrelevant?, Steven R. Ratner

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Governments and international organizations as well as academic commentators have remarked upon the similarities and differences between occupation of territory by States and administration of territory by the United Nations. Although formal administration of territory by the United Nations has been limited to a small number of cases, the possibility of future revival of this practice warrants consideration of the relevance of the law of occupation (hereafter LO) to this phenomenon. This paper attempts to sketch out the major issues in an attempt to guide the experts in their discussion.