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This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council.
A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts.
"With this thorough and thought provoking study, Andrea Carcano has put us all in his debt."
From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.
A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts.
"With this thorough and thought provoking study, Andrea Carcano has put us all in his debt."
From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.
Price: $376.00
Pages: 540
Publisher: Brill
Imprint: Brill | Nijhoff
Series: Leiden Studies on the Frontiers of International Law
Publication Date:
14 August 2015
ISBN: 9789004227873
Format: Hardcover
"With this thorough and thought provoking study, Andrea Carcano has put us all in his debt."
From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.
"Beside a detailed and thorough analysis of the occupation’s regime transformation of Iraq, Carcano’s book is invaluable in its warning against the transformative occupation idea....Carcano’s book is indispensable reading for anyone interested in these questions, both for telling the legal story of the occupation of Iraq in detail not provided elsewhere and for trying to walk the tight rope between the rejection of transformative occupation as risky and the acknowledgement of a limited form of it as legitimate and potentially benign."
- Aeyal Gross, Professor of Law, Tel-Aviv University; Human Rights Law Review, 2017, 0, 1–5.
"Andrea Carcano manages to give us more than enough food for thought in his comprehensive and illuminating study, which helps critically rethink the legal challenges inherent in the notion of transformative occupation and follow up some of the most difficult questions on the applicability and effectiveness of the contemporary international law framework in complex post-conflict situations."
- Mindia Vashakmadze, Max Planck Yearbook of United Nations Law, 2016, Volume 19, Issue 1, pages 581–589.
"Overall, even if one is not convinced by Carcano’s recipe for transformative occupation, this book represents a valuable, well-written, and thought-provoking contribution to the literature on the law of occupation, which will hopefully serve if not as a warning to international actors on what should be done in an occupied territory, at least as a reminder of the high stakes that come with imposing democracy at all costs."
- Alessandra Spadaro, Journal of International Criminal Justice, 2017.
"Against the backdrop of ongoing expert and civil society struggles to reconcile with the challenges of the contemporary practice of the law of occupation and deconstruct its “ends and fictions”, Carcano’s work provides an important contribution to the elucidation of this problematique, as well as a reminder of the deep-seated normative attachments of the international legal order."
- Valentina Azarova, The Palestine Yearbook of International Law XIX (2016) pages 223–235.
From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.
"Beside a detailed and thorough analysis of the occupation’s regime transformation of Iraq, Carcano’s book is invaluable in its warning against the transformative occupation idea....Carcano’s book is indispensable reading for anyone interested in these questions, both for telling the legal story of the occupation of Iraq in detail not provided elsewhere and for trying to walk the tight rope between the rejection of transformative occupation as risky and the acknowledgement of a limited form of it as legitimate and potentially benign."
- Aeyal Gross, Professor of Law, Tel-Aviv University; Human Rights Law Review, 2017, 0, 1–5.
"Andrea Carcano manages to give us more than enough food for thought in his comprehensive and illuminating study, which helps critically rethink the legal challenges inherent in the notion of transformative occupation and follow up some of the most difficult questions on the applicability and effectiveness of the contemporary international law framework in complex post-conflict situations."
- Mindia Vashakmadze, Max Planck Yearbook of United Nations Law, 2016, Volume 19, Issue 1, pages 581–589.
"Overall, even if one is not convinced by Carcano’s recipe for transformative occupation, this book represents a valuable, well-written, and thought-provoking contribution to the literature on the law of occupation, which will hopefully serve if not as a warning to international actors on what should be done in an occupied territory, at least as a reminder of the high stakes that come with imposing democracy at all costs."
- Alessandra Spadaro, Journal of International Criminal Justice, 2017.
"Against the backdrop of ongoing expert and civil society struggles to reconcile with the challenges of the contemporary practice of the law of occupation and deconstruct its “ends and fictions”, Carcano’s work provides an important contribution to the elucidation of this problematique, as well as a reminder of the deep-seated normative attachments of the international legal order."
- Valentina Azarova, The Palestine Yearbook of International Law XIX (2016) pages 223–235.
Andrea Carcano, Ph.D. (2008) University of Milan, LL.M. (2005) NYU, is an Adjunct Professor at the Faculty of Law of the University of Milano-Bicocca and a Lecturer with the United Nations Interregional Crime and Justice Research Institute’s Master of Laws in International Crime and Justice. Previously, he was a Legal Officer with the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia.