The Legal Status of Territories Subject to Administration by International Organisations
- Author: Bernhard Knoll, OSCE Office for Democratic Institutions and Human Rights
Adobe eBook Reader
Looking for an evaluation copy?
This title is not currently available for evaluation. However, if you are interested in the title for your course we can consider offering an evaluation copy. To register your interest please contact firstname.lastname@example.org providing details of the course you are teaching.
The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.Read more
- Examines the human rights obligations of international organisations assuming functions of government, highlighting to the reader areas in which UN territorial governance is problematic
- Discusses the legitimacy for Chapter VII-mandated UN governance missions that assume control over territories, using an interdisciplinary approach
- Discusses what constitutes a 'person' in international law, thus providing an overview of claims to legal personality by UN-administered entities, and makes clear their connection to claims to self-determination
Not yet reviewed
Be the first to review
Review was not posted due to profanity×
- Date Published: July 2008
- format: Adobe eBook Reader
- isbn: 9780511406256
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
1. Creation of internationalised territories
2. Fiduciary administration: mandates, trust and the transitory sovereignty vacuum
3. Self-determination and the personality of internationalised territories
4. 'The King's Two Bodies': the dual functions of international administrations
5. Extent of UN-authority in Kosovo and the problem of an open-ended institution-building mandate
6. The status process
7. An anomalous legitimacy cycle
8. Properties of a transitory legal order
9. Concluding appraisal.
Sorry, this resource is locked