International Territorial Administration

International Territorial Administration PDF

Author: Ralph Wilde

Publisher: Oxford University Press

Published: 2010-09-30

Total Pages: 641

ISBN-13: 0199577897

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This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.

The Legal Status of Territories Subject to Administration by International Organisations

The Legal Status of Territories Subject to Administration by International Organisations PDF

Author: Bernhard Knoll

Publisher: Cambridge University Press

Published: 2008-06-12

Total Pages: 521

ISBN-13: 113947278X

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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.

Post-conflict Administrations in International Law

Post-conflict Administrations in International Law PDF

Author: Eric de Brabandere

Publisher: BRILL

Published: 2009-04-24

Total Pages: 352

ISBN-13: 9004180826

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Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.

UN Territorial Administration and Human Rights

UN Territorial Administration and Human Rights PDF

Author: Gjylbehare Bella Murati

Publisher: Routledge

Published: 2020-04-30

Total Pages: 246

ISBN-13: 1351593234

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This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.

The Law and Practice of International Territorial Administration

The Law and Practice of International Territorial Administration PDF

Author: Carsten Stahn

Publisher: Cambridge University Press

Published: 2010-09-23

Total Pages: 902

ISBN-13: 9780521173957

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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.

Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq

Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq PDF

Author: Omer Faruk Direk

Publisher: BRILL

Published: 2015-07-28

Total Pages: 270

ISBN-13: 9004302980

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What happens after a governing body is ousted during the course of armed conflict? In some cases, international organizations like the United Nations will appoint other States or itself to administer the transition of the post-conflict State to a place of lasting peace. In practice, however, this mission is hardly linear and becomes further complicated when these administrations are faced with threats to the fragile peace. Security Detention in International Territorial Administrations examines the legal and policy questions surrounding the behavior of these post-conflict administrations. This includes discussion about apportionment of responsibility in peace support operations, norm conflict issues in UN Security Council resolutions, and requirements of international human rights law in the fulfillment of these missions. The discussion concludes with a survey of security detention practices in three recent post-conflict administrations in Kosovo, East Timor, and Iraq.

Democratic Governance in International Territorial Administration

Democratic Governance in International Territorial Administration PDF

Author: Michaela Salamun

Publisher: Nomos Verlagsgesellschaft

Published: 2005

Total Pages: 242

ISBN-13:

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This book analyzes in a comparative way how, and to what extent, the constitutional documents governing territories administered by international organizations (the League of Nations, the UN with the OSCE, and the EU) have provided institutional prerequisites for democratic governance. Territories covered are the Free City of Danzig, the Saar Territory, the Territory of Leticia, the City of Jerusalem, the Free Territory of Trieste, the Congo, West Irian, South West Africa/ Namibia, Cambodia, Somalia, the City of Mostar, Eastern Slavonia, Bosnia and Herzegovina, the District of Brcko, East Timor, and Kosovo. The book begins by discussing problematic issues in international territorial administration, such as evident in the problem of the delineation of the international personality of the territories, the applicability of the concept of democracy, and the enforceability of human rights. It continues by describing the legal framework for democratic governance by delineating the scope of the authority of governance conferred upon international organizations (and/or former states) and local institutions. It applies a framework for democratic governance to the constitutional documents by analyzing to what extent they reflect basic principles of democracy, such as the separation of powers and the independence of the judiciary and the principle of popular sovereignty. The documents are also compared as to provision of mechanisms of accountability and judicial review, political rights, and special participation rights for minorities in institutionalized decision-making processes. Finally, the book proposes ways by which governance in territories administered by international organizations can be democratized, such as by an increased transfer of powers and increased possibilities for popular participation in the government of the territory as well as by modifications to the institutional structures governing the territories.

Qing Governors and Their Provinces

Qing Governors and Their Provinces PDF

Author: Robert K. Guy

Publisher: University of Washington Press

Published: 2015-08-03

Total Pages: 475

ISBN-13: 0295997508

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During the Qing dynasty (1644–1911), the province emerged as an important element in the management of the expanding Chinese empire, with governors -- those in charge of these increasingly influential administrative units -- playing key roles. R. Kent Guy’s comprehensive study of this shift concentrates on the governorship system during the reigns of the Shunzhi, Kangxi, Yongzheng, and Qianlong emperors, who ruled China from 1644 to 1796. In the preceding Ming dynasty (1368–1644), the responsibilities of provincial officials were ill-defined and often shifting; Qing governors, in contrast, were influential members of a formal administrative hierarchy and enjoyed the support of the central government, including access to resources. These increasingly powerful officials extended the court’s influence into even the most distant territories of the Qing empire. Both masters of the routine processes of administration and troubleshooters for the central government, Qing governors were economic and political administrators who played crucial roles in the management of a larger and more complex empire than the Chinese had ever known. Administrative concerns varied from region to region: Henan was dominated by the great Yellow River, which flowed through the province; the Shandong governor dealt with the exchange of goods, ideas, and officials along the Grand Canal; in Zhili, relations between civilians and bannermen in the strategically significant coastal plain were key; and in northwestern Shanxi, governors dealt with border issues. Qing Governors and Their Provinces uses the records of governors’ appointments and the laws and practices that shaped them to reconstruct the development of the office of provincial governor and to examine the histories of governors’ appointments in each province. Interwoven throughout is colorful detail drawn from the governors’ biographies.

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