Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-wq2xx Total loading time: 0 Render date: 2024-04-20T03:28:45.811Z Has data issue: false hasContentIssue false

Foreword: Pierre-Marie Dupuy

Published online by Cambridge University Press:  11 August 2009

Bernhard Knoll
Affiliation:
OSCE Office for Democratic Institutions and Human Rights
Get access

Summary

This book undertakes an inquiry into the set of questions about the location of political processes of ‘internationalisation’ of territory in key concepts of public international law, such as mandates, trusteeship, wardship, servitude, agency and military occupation. At the same time, Bernhard Knoll's stimulating analysis represents a highly valuable contribution to the functional approach to the international administration of a territory under the auspices and control of the United Nations. Especially in the still evolutionary case of Kosovo, the reconciliation of the objectives of a UN territorial governance mission, mandated by the international community, as well as of the right to self-determination of people, seen by the majority of international lawyers as being a peremptory norm of ius cogens, with the requirement of respecting the territorial integrity of an ‘old sovereign’, remains an issue with which international lawyers will continue to struggle.

From a more theoretical perspective, the study inquires how an international authority manages the legal process through which it temporarily divorces the conceptual hallmarks of dominium and imperium and, in a second step, how it fills the vacuum as provider of ersatz good governance. Bernhard Knoll demonstrates that in its quality as a situated territorial agent, an international mission is constrained by the operation of a fiduciary bond between itself and the governed population. In its identity as subsidiary organ of the United Nations, a UN governance mission is conditioned in its ‘domestic’ strategic choices by both international law and by the politics of its mother organisation.

Type
Chapter

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×