The Law and Practice of International Territorial Administration: Versailles to Iraq and Beyond (Cambridge Studies in International and Comparative Law, Series Number 57)
Cambridge University Press
Edition: Reissue, 9/23/2010
EAN 9780521173957, ISBN10: 0521173957
Paperback, 902 pages, 22.6 x 15.2 x 4.1 cm
Language: English
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.
Introduction
Part I. The Historical and Social Context of International Territorial Administration
Introduction
1. The concept of internationalisation
2. The mandate system of the League of Nations
3. The United Nations trusteeship system
4. Post-war occupation
5. UN territorial administration and the tradition of peace-maintenance
Conclusion - international territorial administration
an independent device with a certain normative heritage
Part II. The Practice of International Territorial Administration - A Retrospective
Introduction
6. International territorial administration as a means of dispute settlement - the post-war experiments of the League of Nations and the United Nations
7. From the post-war period to the end of the Cold War
the use of international territorial administration as an ad hoc device
8. The systematisation of international governance
9. The 'light footprint' and beyond
10. A conceptualisation of the practice
Part III. The Foundations of International Territorial Administration
11. The legality of international territorial administration
12. The legitimacy of international territorial authority
Part IV. A Typology of Problems Arising Within the Context of International Territorial Administration
13. The legal status of the administered territory
14. The status of international administering authorities
15. The exercise of regulatory authority within the framework of international administrations
16. The relationship with domestic actors
Part V. International Territorial Administration at the Verge of the 21st Century - Achievements, Challenges and Lessons Learned
17. Strong on concept, imperfect in practice
international territorial administration as a policy device
18. International territorial administration and normative change in the international legal order.
'… an outstanding contribution to international security and co-operation which combines problem-oriented analysis of international law and practice, excellent writing, and convincing considerations of challenges for good governance on the way ahead.' 2009 Ciardi Prize Jury
'Stahn provides a detailed exploration of the legal problems that arise in the practice of administration … Carsten Stein immerses the reader in a detailed account of the law and practice of international territorial administration … a rich source …' The Journal of ICLQ