Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Selected table of cases
- List of abbreviations
- Table of engagements
- Introduction
- Part I The historical and social context of international territorial administration
- 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
- Part IV A typology of legal problems arising within the context of international territorial administration
- Part V International territorial administration at the verge of the twenty-first century: achievements, challenges and lessons learned
- Bibliography
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
6 - International territorial administration as a means of dispute settlement - the post-war experiments of the League of Nations and the United Nations
Published online by Cambridge University Press: 19 January 2010
- Frontmatter
- Contents
- Foreword
- Preface
- Selected table of cases
- List of abbreviations
- Table of engagements
- Introduction
- Part I The historical and social context of international territorial administration
- 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
- Part IV A typology of legal problems arising within the context of international territorial administration
- Part V International territorial administration at the verge of the twenty-first century: achievements, challenges and lessons learned
- Bibliography
- Index
- CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW
Summary
The first era of experiments in international territorial administration was deeply embedded in the tradition of dispute settlement. The understanding of law as a means of solving disputes among competing actors has a long-standing tradition in the history of international law. It is reflected in the first era of experiments in territorial administration international civil governance after World War I (Saar Territory, Danzig, Memel) and World War II (Trieste and Jerusalem).
The early experiments of the League of Nations and the UN were predominantly guided by objectives of inter-state dispute settlement and neutralisation, due to their close connection to the process of conflict termination. Moreover, they enjoyed a number of common features that distinguished them from later experiments in territorial administration. They were established ex post, that is after, rather than in response to, a specific conflict and state-centred in the sense that they mainly sought to reconcile diverging geographic and strategic interests of conflicting parties. Structures of international administration were deployed on the basis of a pragmatic case-by-case approach, under which international administrations served primarily as a means of neutralising conflict and guaranteeing peace. The strong focus on dispute settlement and impartial third-party mediation limited the managerial function of international institutions and gave higher priority to solving bilateral problems than to vindicating other kinds of community interest.
Precedents in the era of the League of Nations
The era of the League of Nations gave rise to three major experiments in territorial administration that come directly within the tradition of dispute settlement.
- Type
- Chapter
- Information
- The Law and Practice of International Territorial AdministrationVersailles to Iraq and Beyond, pp. 162 - 206Publisher: Cambridge University PressPrint publication year: 2008