Occupation and Regime Transformation
Occupation and Regime Transformation
This chapter deals with one of the most pressing contemporary concerns with military occupation, namely regime transformation or ‘imposed constitutionalism’. Imposed constitutionalism is contentious because Article 43 of the Hague Regulations has been understood to embody an injunction to conserve the existing constitutional order, save where it is necessarily suspended by virtue of the fact of occupation and the dictates of military necessity. It is also contentious because the imposition of a constitutional order is seen as inconsistent with the principle of self-determination. The chapter suggests, however, that, in some circumstances, regime transformation may be the only way in which to bring military occupation to an end, short of even-less-desirable outcomes. This is, of course, no guarantee that occupiers will engage in such a project, still less that they will succeed in any meaningful sense.
Keywords: military occupation, regime transformation, Hague Regulations, constitutional order
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