СУЧАСНІ ОКУПАЦІЙНІ РЕЖИМИ: ОГЛЯД КОНЦЕПТУАЛЬНИХ ІНТЕРПРЕТАЦІЙ

Abstract

The article gives an overview of basic concepts of occupation, developed by specialists in the fields of modern political science and jurisprudence in the end of the 20th – at the beginning of the 21st cent.: prolonged, transformative, humanitarian occupations and occupation by proxy. Their common features and differences, as well as relation to the classic doctrine of occupation have been outlined. Modern conceptual approaches were compared on the basis of the three basic principles of any occupation: effective control of territories, conservationist principle and temporary status of an occupant. It has been showed that under the influence of the politics of occupants new normative models of occupations are formed. On the other hand, comparative analysis witnesses that modern occupation regimes are often determined by the concepts, within which framework the politics of occupants is implemented. In this respect concepts turn into practical models, by which an occupant is guided when exercising power on occupied territories. Using the above occupation concepts the dominating types of occupation regimes of the 21st cent. have been pointed out. It has been found that transformative and humanitarian occupations became the government models, which tried solving a difficult dilemma between restrictions of the law of occupation and transformative goals of actors of occupation regimes in practice. Though, as a rule, the duration of such occupation regimes never exceeded 3-5 years. In their turn, prolonged occupations and occupations by proxy are empirical reality of the politics of certain states, which proceed using military interventions and occupations of foreign territories as a mechanism of securing their own interests using power. Obvious illegitimacy of power of such occupants demands from international community using effective coercive measures in order to stop prolonged occupation regimes and restoring sovereignty of affected states. A conclusion is made that all normative models of execution of power by occupants is an attempt of gaining a compromise between basic restrictions of the classical doctrine and a real politics of occupation regimes actors.