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Max Planck Encyclopedia of Public International Law [MPEPIL]

Occupation, Pacific

Eyal Benvenisti

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2019

Subject(s):
Belligerence — Armed conflict, international — Occupation — Sovereignty — Territory, acquisition and transfer

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The concept of pacific occupation evolved in a legal environment that maintained a dichotomy between the different legal regimes of war and peace. Pacific occupation was characterized by the exercise of effective control by one State over a territory of another State when no state of war existed between these States. This type of occupation was distinguishable from belligerent occupation ( Occupation, Belligerent ), which resulted from the use of force in war, and from so-called ‘armistice occupations’ (occupations based on armistice agreements such as the...
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