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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: 25 May 2020

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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