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Military Occupation and Un Transitional Administrations – the Analogy and Its Limitations

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Chapter Summary

The analogy between military occupation and UN Administrations based on the similarities in their effective control over a territory and its population is imperfect at best. While UN operations with a mandate "to assist" or "to administer" have, on occasion, exercised effective control in their areas of operation in circumstances ostensibly analogous to those of military occupation, they did so on the basis of a UN mandate and not of the laws of occupation. UN Administration strive to strike a balance between the principles of overall administrative authority and non alienability of sovereignty; unlike military occupation, however, they are endowed with a mandate to restructure the political, social and economic institutions of the administered territory in transition to independence or the return of the legitimate sovereign. For all the differences, however, the laws of occupation will continue to inspire the laws of UN Administrations within the limitations of the analogy.

Keywords: economic institutions; military occupation; social institutions; UN transitional administrations



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