The Humanitarian Bailment of Foreign Possessed Territories: A Proactive Method of Legal Analysis

Abstract

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.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 1996
Accession Number
ADA444431

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  • John B. Alumbaugh

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  • The Judge Advocate General's Legal Center and School

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  • Criminal Law
  • East Asian Political and Security Studies within the Soviet Union
  • Military History of the United States in the 20th Century.