Andrea Carcano. L'occupazione dell'Iraq nel diritto internazionale

• Autores: Mirko Sossai
• Localización: European journal of international law = Journal europeen de droit international, ISSN 0938-5428, Vol. 22, Nº 1, 2011, págs. 288-290
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The renewed interest in the law of belligerent occupation probably reached its peak in 2009, when various monographs were published by distinguished authors as well as by younger scholars. The book under review originated from a doctoral thesis defended by Andrea Carcano at the University of Milan. His investigation focuses on the 2003 occupation of Iraq as the ideal test-case to verify whether the existing legal regime is adequate to address the challenges posed by present-day scenarios, including Afghanistan, Congo, and the Arab�Israeli conflict.

    The book is divided into three parts. The first one comprises two chapters, which present respectively the legal framework of belligerent occupation and the other applicable norms of international law. Chapter I takes a historical perspective on the legal concept of occupation, which the author considers functional to the subsequent analysis for two main reasons: to investigate the underlying values guiding the development of the law of belligerent occupation; and to compare current theories regarding the role of the law in such a situation with similar arguments upheld in the past (at 13). Carcano identifies three epochs, which modelled different concepts of occupation. The first one is valid until the Modern Age and is influenced by the Roman law tradition: occupation is considered as �conquest and exploitation of the territory�. The modern notion of occupation, defined as �administration and effective control�, emerged during the 18th century, at the time of the consolidation of sovereign states in Europe. Whereas Vattel had already in theory identified the differentiation between sovereignty and private ownership, it was August Heffter, a century later, who first recognized the legal implications of the distinction between occupatio bellica and debellatio (at 24). Finally, the last model is that of the occupation as �transformation�: Carcano identifies it as �a military action aimed at the radical �