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The Law and Practice of International Territorial Administration
Versailles to Iraq and Beyond

£134.99

Part of Cambridge Studies in International and Comparative Law

  • Date Published: May 2008
  • availability: In stock
  • format: Hardback
  • isbn: 9780521878005

£134.99
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About the Authors
  • 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.

    • Multi-disciplinary - positivist legal research is combined with considerations of legal policy and reference to scholarship and critiques from, for example, political science, history and international law
    • Situates the law and practice in the context of themes and debates in contemporary international law, thereby addressing academics and practitioners in fields such as human rights law and dispute settlement
    • Contains lessons learned from individual missions and recommendations for future practice, making the work relevant to lawyers and policy-makers in international organisations, foreign ministries and NGOs
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    Prizes

    • Winner of the Ciardi Prize 2009

    Reviews & endorsements

    '… an outstanding contribution to international security and co-operation which combines problem-oriented analysis of international law and practice, excellent writing, and convincing considerations of challenges for good governance on the way ahead.' 2009 Ciardi Prize Jury

    '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

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    Product details

    • Date Published: May 2008
    • format: Hardback
    • isbn: 9780521878005
    • length: 866 pages
    • dimensions: 233 x 155 x 55 mm
    • weight: 1.47kg
    • availability: In stock
  • Table of Contents

    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.

  • Author

    Carsten Stahn, University of Wales, Swansea
    Dr Carsten Stahn is a Reader in Public International Law and International Criminal Justice at the School of Law, Swansea University. He was previously Associate Legal Advisor at the International Criminal Court and Visiting Research Fellow at the Grotius Centre for International Legal Studies, Leiden University.

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