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In its Advisory Opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, the International Court of Justice (ICJ) ruled not only that Israeli policies and practices in the occupied territory systematically violated international law, but also that Israel’s ‘continued presence’ (i.e. occupation) as such had become illegal, so that Israel was required to withdraw from the Occupied Palestinian Territories as rapidly as possible. The ICJ’s finding that Israel engaged in a sustained abuse of its position as an occupying power, through annexation of territory and frustration of Palestinian self-determination, was central to its reasoning, as was its holding that the legality of the occupation was to be judged against the jus ad bellum. This article unpacks the concept of an illegal occupation. It argues that, as matter of the jus ad bellum, it is only the right to self-defence that could, in theory, justify Israel’s continued occupation. Curiously, however, the Opinion does not mention self-defence, although it preoccupied many of the judges writing separately. The article argues that two approaches to the occupation’s ad bellum illegality are most persuasive: first, that the occupation could not meet the necessity and proportionality criteria of lawful self-defence; and, second, that even a valid self-defence claim can be vitiated by a predominant ulterior purpose.
This article considers two arguments raised by the Government of Israel to explain why it does not regard the West Bank as occupied territory and may therefore establish Israeli settlements there. The first is that this territory was not the sovereign territory of another state when occupied by Israel in June 1967; the second is that the trust created by the League of Nations Mandate over Palestine still applies in those parts of Mandatory Palestine that did not become the sovereign territory of another state in 1948. After a short introduction, the article argues that in the modern area, in which peoples have the right to self-determination, the law of belligerent occupation may apply in territory that was not the territory of a state before it was occupied. Relying on a large body of historical research, the article then shows that the mandate system was a compromise between the colonial aspirations of Britain and France and the principle of self-determination propagated by US President Woodrow Wilson. The Mandate did not give rights to Jews or the Jewish people. It merely obligated Britain to facilitate its commitment under the Balfour Declaration to create the conditions that ‘will secure the establishment of the Jewish national home’ in Palestine. This obligation, and its parallel right, ended with the termination of the Mandate and the establishment of the State of Israel, which was the ultimate realisation of a national home for the Jewish people in the land of Israel. Even if one were to accept the argument that the trust established by the Mandate continues to apply in the West Bank, in an era in which colonial ideas have been rejected, the conclusion is not that Jewish citizens of Israel have a right to settle there, but that the right of the Palestinian inhabitants of that area to self-determination should be respected.
The idea of sovereignty over territory is fundamental to international law. No State can exist without land, and thus the ways in which land can be acquired and retained are concerns of great importance for States. Many international disputes involve land, and are intrinsically bound up with land, and relative to the use of land, so as an issue, sovereignty sits at the heart of international relations as well as international law. This chapter begins by assessing occupation and acquiescence, and then turns to review the distinctive issue for Australia of terra nullius and indigenous rights. The significance of each of critical date, discovery and accretion is reviewed. Postcolonial critiques regarding sovereignty over territory are considered, as are distinctive issues associated with sovereignty over Antarctica and the principle of common heritage.
Small business owners play a central role in all advanced economies. Nonetheless, they are an understudied occupational group politically, particularly compared to groups that represent smaller portions of the population (e.g., union members, manufacturing workers). We conduct a detailed investigation of the politics of small business owners and offer new insight into the evolving role of education, class, and occupation in electoral politics. Leveraging diverse sources of data – representative surveys from around the world, campaign finance records, voter files, and a first-of-its-kind, bespoke survey of small business owners – we find consistent evidence that small business owners are more likely to identify with and vote for right-wing parties. We find that this tendency cannot be fully explained by factors that cause people to select into being small business owners. Rather, we identify a key operational channel: the experience of being a small business owner leads people to adopt conservative views on government regulation.
This chapter explores the experiences of Italian emigrant veterans during the Fascist regime (1922–1943) and the Second World War. There were many contradictions in the Fascist treatment of emigrant veterans. On some occasions, they were fêted and lauded for their service. Unlike the Liberal state, Mussolini’s government highlighted the contribution of the emigrant soldiers during the Great War as exceptional and worthy of recognition, most notably at the landmark Mostra della Rivoluzione Fascista, held in Rome in 1932. However, on the whole, emigrant veterans did not become politically active once they returned abroad and were not the dominant standard-bearers for Fascism, and were often badly treated or ignored by the regime. Most of the Fascist government’s attention to the emigrants and the war surrounded the issue of wartime draft evaders, and new laws were passed in the 1920s to permit them to travel to Italy for short periods without being inducted into the Italian Army or otherwise punished. The outbreak of the Second World War upended the emigrant veterans’ lives once more, resulting in experiences of occupation, internment as enemy aliens or mobilization in the Italian or other armies.
Jews trying to survive in Poland, on the “Aryan” side, were exposed to permanent risk of detection not so much by the Germans, but by their Polish neighbors, passers-by, officers of the “Blue” police and the ever-present szmalcovnicy (blackmailers). The behavior, cultural and religious codes, speech, aand stereotyped physical characteristics of Jews conspired to make Jewish survival so very unlikely.
‘Living well’ is an important concept across national dementia strategies. Qualitative research has contributed to understanding of living well for people with dementia. Longitudinal qualitative approaches, though fewer, can explore potential changes in accounts of living well, psychological coping and adapting to dementia, and if/how people with dementia maintain continuity in their lives. This longitudinal qualitative study aims to gauge what is important for ‘living well’ with mild-to-moderate dementia and whether this changes over time in a group of older people with mild-to-moderate dementia living at home. Semi-structured, qualitative interviews with 20 people with dementia from the IDEAL cohort study were conducted in 2017 and again one year later then thematically analysed. The overarching narrative was largely that of continuity and adaptation, with incremental not disruptive change. Continuing participation and meaningful occupation were important to maintaining living well over time; individuals pursued new as well as previous interests. As a key psychological coping strategy to support continuity in their lives, individuals emphasised their capabilities to maintain activities in spite of dementia, compartmentalising areas that had become more challenging. Maintaining social networks and accommodating changes in social relationships were also central to living well, including managing the psychological impacts of changes in spousal relationships. People in the earlier stages of dementia emphasise continuity and their capabilities, reporting change over time only in certain aspects of their lives. However, small, incremental changes in their social relationships and opportunities for meaningful occupation may still afford key areas for supporting capability to ‘live well’.
This study reveals the history of little-known film companies founded by Koreans in U.S. Occupied Japan (1945-1952). At a time when a powerful tide of decolonization and “ethnic renaissance” energized the cultural activities of newly liberated Koreans in both Japan and the Korean peninsula, the practical activities of Korean film companies in Occupied Japan were entangled in the economic, ideological, and cultural realities of the era. While these companies produced few original titles, they were nevertheless active in re-screening existing films in new contexts. A cross-media approach is vital for understanding the full scope of Korean engagement with film in postwar Japan. By studying the censorship records left by SCAP (Supreme Commander of Allied Powers), advertisements in Japanese and Korean print media, and documents kept by the Korean organizations, this paper offers insight into the ambitions, methods, and impacts of Korean film companies. It shows how Korean film producers negotiated vis-à-vis SCAP and Japanese film professionals to project their visions of a Korean national cinema in Japan.
Men from business are overrepresented in local politics in the United States. The authors propose a theory of gendered occupations and ambition: the jobs people hold-and the gender composition of those jobs-shape political ambition and candidate success. They test their theory using data on gender and jobs, candidacy and electoral outcomes from thousands of elections in California, and experimental data on voter attitudes. They find that occupational gendered segregation is a powerful source of women's underrepresentation in politics. Women from feminine careers run for office far less than men. Offices also shape ambition, candidates with feminine occupations run for school board, not mayor or sheriff. In turn, people see the offices that women run for as feminine and less prestigious. This Element provides a rich picture of the pipeline to office and the ways it favours men. This title is also available as Open Access on Cambridge Core.
The treason trials after 1945 were shaped by Norway’s particular experience of German occupation. The central importance of Nasjonal Samling to German Nazification efforts in Norway meant that those planning for a post-war reckoning soon focused their attention on how to criminalise the actions of party members. This chapter outlines the course of the Norwegian occupation, including the manifold actions on the part of Norwegian citizens that would later give rise to punishment. It details how the exile government in London and the resistance forces in Norway jointly prepared the legal groundwork for the post-war reckoning. In doing so, this chapter highlights the reasoning behind the introduction of the extraordinary legal provisions that would both determine the course of the trials and cause significant controversy after the war.
The Norwegian 'treason trials' were the most extensive post–Second World War 'reckoning' with wartime collaboration in all of Europe. Following the war, tens of thousands of Norwegians were sentenced for their wartime actions, including the notorious leader of Norway's collaborationist party Nasjonal Samling, Vidkun Quisling. And yet many wartime actions also went unpunished, including, in the vast majority of cases, violence perpetrated against Norway's Jewish minority. The Quislings examines how the Norwegian authorities planned, implemented and interpreted this reckoning between 1941 and 1964. In doing so, it looks at the broader political purposes the treason trials served, how these changed over time and the mechanisms that brought these changes about. This wide-ranging study argues that the trials were not driven by the agenda of any one institution or group. Instead, their final shape was the result of a complex process of weighing up demands for legal form and consistency against a fast-changing political and social environment.
This chapter assesses the legal foundations that supported the shift away from militarized constitutions after 1945 and argues that constitution making in different imperial domains (metropolitan and colonial) had crucial significance in this regard. On one hand, it shows how military constitutionalism persisted in many regions after World War II. Yet it explains how after 1945 some constitutions were built on premises that combined national law and international law (human rights law and humanitarian law), and these norms were galvanized to form a more reliable basis for democratic constitutionalism. The chapter proposes a theory of world law to explain this, stating that democracy was consolidated after 1945 as governments conferred more secure legal form on rights first obtained through military bargains. This was achieved through the use of international law to separate constitutional rights from militarism. The chapter examines cases in Germany, Japan, Kenya, Algeria and South Africa to identify these processes. It also discusses other cases, especially in post-1958 South America, where these processes were not effected.
We review the emergence of the West Line hub that has processed most of Israel’s e-waste for over two decades against the background of the global phenomena of e-waste policies and hubs often characterised as simply dumping grounds at the receiving end of flows of contaminating processes and materials to less regulated settings (the Pollution Haven Hypothesis, PHH). Its emergence was facilitated by factors common to the occupied West Bank as a whole (de-development, lower labor costs, dominance of the informal sector, a porous border and spatial fragmentation), and others especially important in the West Line area. These include the disruption of work opportunities in Israel alongside a rise in the amounts and value of e-waste; proximity to Israeli urban centers and distance from Palestinian ones; the historical presence of a scrap trade; a population comprised of a handful of extended families facilitating trust-based economies, on the one hand, while overcoming stigma and opposition on the other; and availability of areas of governance vacuum allowing dumping and burning. The PHH’s crudely global account of e-waste hub emergence must be refined to include the context-specific presence and operation of hubs as forceful economic agents, not simply passive recipients of waste dumping.
Haitian writers produced a broad array of compelling texts during the nineteen years their country was under direct US rule. Today, it has become commonplace to identify Haitian literary production during that time as one of resistance. However, Haiti’s occupation-era literature is incredibly diverse. Many works from the period do not engage with the occupation at all, focusing instead on historical events, domestic dramas, or romance. In addition to thematic diversity, texts of this period reflect a variety of genres and forms. Some poets chose to experiment formally whereas others chose to create within the confines of fixed forms such as sonnets. Essayists displayed diverse ideological and political positions. This chapter offers a brief overview of Haitian literary works published during the US occupation of the country, from 1915 to 1934.
This chapter provides the historical background necessary to understand the book’s empirical analysis. It discusses the political decisions that led to the displacement of Germans and Poles at the end of WWII and challenges the assumption that uprooted communities were internally homogeneous. It then zooms in on the process of uprooting and resettlement and introduces data on the size and heterogeneity of the migrant population in postwar Poland and West Germany.
This present study investigated the parental characteristics of multiple births using national birth data in Japan. This study included birth data from Vital Statistics: Occupational and Industrial Aspects every five fiscal years from 1995 to 2020. The multiple birth rates were defined as the number of live-birth deliveries with multiple fetuses (e.g., twins, triplets) per total live-birth deliveries. Parental ages, nationalities, occupations and household occupation (occupation of the top earner of the household) were considered as parental characteristics. The multiple birth rates were calculated based on parental characteristics for each year, and a log-binomial regression model was used to assess the association between parental characteristics and multiple births. The multiple birth rate for Japanese mothers consistently exceeded that for non-Japanese mothers over the years, and the rate increased progressively from manual workers to lower non-manual workers and then to upper non-manual workers for both maternal and paternal occupations. The regression results indicated that the risk ratio (RR) for multiple births among non-Japanese mothers was significantly lower than that among Japanese mothers. Moreover, concerning household occupation, the RRs of self-employed individuals, full-time employees at smaller companies, others, and the unemployed were significantly lower than those of full-time employees at larger companies. Furthermore, the RRs of lower non-manual and manual workers were significantly lower than those of upper non-manual workers in maternal and paternal occupations. The results suggested an association between multiple births and parental socioeconomic status in Japan.
From the early years of Israel’s occupation of the West Bank and Gaza Strip, observers predicted that their de facto annexation might occur. Fifty-seven years later, it has happened. Although governed differently than other zones within the Israeli state, neither territory can be separated from Israel. Yet, the territories’ official status is that they are not part of the state. We offer four reinforcing analyses—legal, historical, discursive, and political—of this sustained discrepancy between what is and what is officially said to be. By analyzing Israel’s juridical techniques for regularizing the incorporation of territories occupied beginning in 1948, we show that de facto annexation has been Israel’s predominant form of territorial expansion. This helps account for the failure to implement de jure annexation, the intensity of conflict over attempts to overhaul the Israeli judiciary, and debates over the future of postwar Gaza.
How the law defines and protects all those persons who are not designated as combatants or POWs – civilians – forms the focus of Chapter 6. It examines how the law protects civilians generally in armed conflict, and in particular ‘protected persons’ – those who find themselves in the hands of an adverse power as enemy aliens or in situations of belligerent occupation. Chapter 6 examines the rules that Occupying Powers must observe when, in international armed conflicts, they find themselves in temporary possession of territory that belongs to another sovereign State. The phenomenon of long-term occupation is also examined, as is the law regulating the treatment of civilians in non-international armed conflict.
This chapter discusses the development and application of international humanitarian law (IHL) and its interrelationship with human rights law. It further examines this special relationship, which is of particular importance for the protection of civilians, especially where the applicability of IHL is contested or where IHL constitutes an exception to certain rights, such as the right to life, or fails to prevent and/or provide effective remedies for violations. The chapter seeks to identify the scope of application of IHL and demonstrate the degree to which the two can be reconciled. Moreover, a special case is made for the law applicable in situations of military occupation whereby human rights are subordinate to IHL. Despite this subordination, in practice because international human rights tribunals are not mandated to apply humanitarian law they necessarily interpret and enforce the rights of the victims on the basis of the rights found in their respective statutes. As a result, the jurisprudence of human rights tribunals is not always consistent with IHL. Yet, such tribunals are hard pressed to accept jurisdiction over situations which would otherwise be resolved on the basis of IHL alone. This chapter therefore goes on to discuss the exercise of extraterritorial jurisdiction by human rights tribunals.
The Allied occupation of İstanbul after World War I had a transformative impact on the city’s musical entertainment sector. The arrival of large numbers of military personnel created additional demand for music halls, cabarets, cafe-chantants, and concert venues. Servicemen’s musical preferences were catered for by resident İstanbulites and others who found refuge in the city, creating opportunities for musicians and entertainment entrepreneurs to benefit from new and existing patrons. This buoyant market was further harnessed for charitable causes directed at new categories of people in need. The distinct political climate introduced with occupation also made its mark on musical performance, with nationalist and socialist groups using concerts to promote messages of salvation. The end of the occupation led to the dispersal of these musicians to new locations, such as the new Republican capital of Ankara, which attracted talents intent on staying in Turkey, and Athens and Thessaloniki, which received Greek Orthodox musicians fleeing the new Turkish nationalist regime, and still further afield. Using British, French, and Ottoman government documents, memoirs, and newspapers, the article investigates this process of musical convergence and divergence and analyses the local and global impact of the aural encounters of this overlooked period in İstanbul’s cultural history.