The Law and Practice of International Territorial Administration: Versailles to Iraq and Beyond

by Carsten Stahn

• ISBN13: 9780521878005
• ISBN10: 0521878004
• Edition: 1st
• Format: Hardcover
• Copyright: 2008-06-09
• Publisher: Cambridge University Press

Summary

International actors have played an active role in the administration of territories over the past two centuries. This book analyses the genesis and law and practice of international territorial administration, covering all experiments from the Treaty of Versailles to contemporary engagements such as the conflict in Iraq. The book discusses the background, legal framework and practice of international territorial administration, including its relationship to related paradigms (internationalisation, mandate administration, Trusteeship administration and occupation). This is complemented by a discussion of four common legal issues which arise in the context of this activity: the status of the territory under administration, the status and accountability of administering authorities, the exercise of regulatory powers by international administrations, and the relationship between international and domestic actors. Alongside surveys of the existing approaches and conceptual choices, the book also includes relevant case-law and practice and lessons learned for future engagements.

Table of Contents

Introduction

The Historical and Social Context of International Territorial Administration

Introduction

The concept of internationalization

The mandate system of the League of Nations

The United Nations trusteeship System

Post-war occupation

Un-territorial administration and the tradition of Peace-Maintenance

Conclusion - International territorial administration: an independent device with a certain normative heritage

The Practice of International territorial Administration - A Restrospective

Introduction

International territorial administration as a means of dispute settlement - the post-war experiments of the League of Nations and the United Nations

From the post-war period to the end of the Cold War: the use of international territorial administration as an ad hoc device

The systematisation of international governance

The âÇ light footprintâÇÖ and beyond

A conceptualisation of the practice

The Foundations of International territorial Administration

The legality of international territorial administration

The legitimacy of international territorial authority

A Typology of Problems Arising Within the Context of International Territorial Administration

The legal status of the administered territory

The status of international administering authorities

The exercise of regulatory authority within the framework of international administrations

The relationship with domestic actors

International Territorial Administration at the Verge of the 21st Century - Achievements, Challenges and Lessons Learned

Strong on concept, imperfect in practice: international territorial administration as a policy fevice

International territorial administration and normative change in the international legal order

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