The Law and Practice of International Territorial Administration

ISBN-13: 9780521878005 / Angielski / Twarda / 2008 / 828 str.

Stahn, Carsten

Opis

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.

Recenzje

'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

Spis treści

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.