Unlawful Territorial Situations in International Law

This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.

"Any library featuring materials of both International Humanitarian Law and human rights must obtain this well-documented and insightful book for completeness of coverage." – in: American Society of International Law Newlsetter, 2006 "Dr Milano analyses the theoretical and practical significance of effectiveness and from this starting point examines the interplay between effectiveness, legality and that pragmatic halfway house, legitimacy, in contemporary unlawful territorial situations – a broader concept than occupation. In his conclusion he reflects on the ambiguous nature of effectiveness as a legal device placed both within and outside positive law, by looking at events in Iraq from 2003 onwards. This book is an absorbing and timely study of some of the major dilemmas of the contemporary international legal order." – From the "Foreword" by Christine Chinkin