Occupation
In international law, occupation or possession means a form of obtaining territorial sovereignty .
Forms in international law
A systematic distinction is made between the acquisition of territorial sovereignty by taking possession of uncontrolled territory ( occupatio imperii ), for example in the colonial history of British New Guinea , the conquest ( annexation ), through which foreign national territory is finally subjected to its authority by the conqueror ( debellatio ), the invasion that triggers a pure act of war only temporary legal effects and the military occupation ( occupation ) of enemy territory ( occupatio bellica ), which could be accepted by force of arms, but recognized by international law and controlled - preliminary - legal relationship between the occupying power on the one hand, the country's residents and other states justified on the other hand.
The occupatio bellica is related to the occupatio petita , an occupation that has been contractually agreed with the occupied country, for example in the case of the Ukrainian People's Republic , which was occupied by Germany in 1918 , withdrawn in Art. 433 of the Versailles Treaty . A law approximated to the occupatio bellica is also used for the Allied occupation of the Rhineland after the First World War .
Seizure of possession in canon law
In the canonical law of the Roman Catholic Church , assuming a canonically conferred office is referred to as taking possession of a parish , for example the properly invested pastor taking possession of a parish according to can. 527 CIC . Similarly, the assumption of office by a diocesan bishop and the introduction of a newly appointed cardinal in his Roman titular church is referred to as taking possession.
literature
- Georg von Alten : manual for army and fleet. Encyclopedia of War Studies and Related Areas , Volume 2, Bong, Berlin 1909
- Raimund Friedrich Kaindl: The settlement system in Bukowina since the occupation by Austria with special consideration of the settlement of the Germans; with the use of documentary materials from the estate of FA Wickenhauser. Innsbruck, Wagner 1902. Digitized version of the Regensburg University Library
Web links
- Ulrike Jureit: Rule in the Colonial Space: Territoriality as a Principle of Order APuZ , June 15, 2015
Individual evidence
- ↑ Anna-Katharina Kraemer: Acquisition as a territorial acquisition title in international law Univ.-Diss., Osnabrück, 2016
- ^ Max Fleischmann : Warlike occupation of foreign national territory (occupatio bellica) . In: ders., Das Völkerrecht. Springer, Berlin, Heidelberg 1925, pp. 488-497
- ↑ Article 433 Peace Treaty of Versailles (Versailles Treaty) of June 28, 1919. dokumentarchiv.de
