Legislation and Maintenance of Public Order and Civil Life by Occupying Powers

Article 43 of the 1907 Hague Regulations is a key provisionof the law of belligerent occupation. This essay examines howit has been understood by states and scholars, how it was developedby the Fourth Geneva Convention of 1949 and whether and howit was respected by the US and the UK during their recent occupationof Iraq. Under Article 43, an occupying power must restore andmaintain public order and civil life, including public welfare,in an occupied territory. Local legislation and institutionsbased upon such legislation must be respected by an occupyingpower and by any local authorities acting under the global controlof the occupying power. This general prohibition to change thelocal legislation also applies to post-conflict reconstructionefforts, including constitutional reforms, and changes of economicand social policies. The author examines the exceptions to theprohibition and assesses whether the widespread legislativeactivities by the occupying powers in Iraq fall under theseexceptions. He then analyses the question of whether the lawof military occupation ceased to apply in Iraq on 30 June 2004.It is also suggested that Article 43 applies to some peace operationsand provides a useful framework even for those peace operationsto which it does not formally apply.     

Threats of Armed Force and Contemporary International Law

Netherlands International Law Review -     

The Strategic Hub Concept: Plan C for Iraq?

This article will apply what shall be termed a “strategic hub” concept of counterinsurgency to the war in Iraq. This concept posits that the development of insurgent and militia nodes or “hubs” of activity could provide a more relevant way to address the key dilemmas of the Iraq equation in light of the Coalition and Iraq government's inability to secure Iraq. The article will argue that ceding the insurgency and militias ground on a temporary basis may be required to maintain both military and political momentum in the post “surge” Iraq given the draw down of U.S. forces, the immaturity of the Iraqi Security Forces, and the present state of American and Iraqi politics.     

How do universities shape founding teams? Social proximity and informal mechanisms of knowledge transfer in student entrepreneurship

This paper investigates informal mechanisms of knowledge transfer (KT) from a local university to entrepreneurial teams comprising students and recent graduates. While the extant literature on university-industry KT largely focuses on formal mechanisms aimed at stimulating entrepreneurial initiatives in high-tech (HT) sectors, it overlooks the effect of university-industry KT on nascent entrepreneurship in low-medium tech (LMT) sectors. To fill this gap in the literature, we carry out a mixed-method analysis that exploits a dataset of 154 new business ideas (and 535 team members) presented at a business plan competition in Rimini from 2010 to 2017. Our findings highlight a robust relationship between educational field and the R&D intensity of entrepreneurial projects: students take advantage of the knowledge acquired at university to develop entrepreneurial projects with higher technological content than those planned by non-graduates. Furthermore, the empirical evidence shows that the local university nurtures the formation of ties among students and recent graduates enrolled in the same courses and fosters their efforts to launch new ventures. Finally, the qualitative analysis identifies relevant and non-traditional mechanisms of KT that are being exploited by nascent entrepreneurs to develop their business ideas in the LMT and HT sectors.