ARTICLE: THE OCCUPATION OF IRAQ Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2005 Georgetown University Law Center
Georgetown Journal of International Law

ARTICLE: THE OCCUPATION OF IRAQ

Winter, 2005

36 Geo. J. Int'l L. 195

Author

GREGORY H. FOX *

Excerpt

I. INTRODUCTION

One of the central justifications for the 2003 war in Iraq was the need for regime change. 1 The United States claimed that an Iraq freed of Ba'ath Party rule, and following democratic and free market principles, would reap benefits for its people, the region, and the rest of the world. 2 Almost immediately after major hostilities ended, U.S. civil administrators began to implement this vision. A vast program of reform was undertaken. Iraqi political, legal, economic, and regulatory institutions were remade to accord with models generally found in Western, developed states. Inconsistent Iraqi law was repealed. Virtually all components of a political system dominated by one-party rule and an economy characterized by central planning and ownership were swept aside. 3 As the U.S.-led occupation authority declared in a mid-term review, "the ultimate goal for Iraq is a durable peace for a unified and stable, democratic Iraq that is underpinned by new and protected freedoms and a growing market economy." 4

Given the centrality of these reforms to U.S. war aims, the legal issue they raise assumed a critical importance: can a foreign power in custody of a defeated state effectively remake its laws and public institutions? Is occupation an opportunity for social engineering during which legislative prerogatives are temporarily transferred to the occupier? Or does international law reserve fundamental decisions about legal and economic policy to a post-occupation, indigenous government? Public discussion of this question was minimal, if not non-existent. At first blush this seems surprising: ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities