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.

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.

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Postwar multilateral cooperation is often viewed as an attempt to overcome the limitations of the nation-state system. However, in 1945, when the United Nations was founded, large parts of the world were still under imperial control. Building States investigates how the UN tried to manage the dissolution of European empires in the 1950s and 1960s—and helped transform the practice of international development and the meaning of state sovereignty in the process. Eva-Maria Muschik argues that the UN played a key role in the global proliferation and reinvention of the nation-state in the postwar era, as newly independent states came to rely on international assistance. Drawing on previously untapped primary sources, she traces how UN personnel—usually in close consultation with Western officials—sought to manage decolonization peacefully through international development assistance. Examining initiatives in Libya, Somaliland, Bolivia, the Congo, and New York, Muschik shows how the UN pioneered a new understanding and practice of state building, presented as a technical challenge for international experts rather than a political process. UN officials increasingly took on public-policy functions, despite the organization’s mandate not to interfere in the domestic affairs of its member states. These initiatives, Muschik suggests, had lasting effects on international development practice, peacekeeping, and post-conflict territorial administration. Casting new light on how international organizations became major players in the governance of developing countries, Building States has significant implications for the histories of decolonization, the Cold War, and international development.

The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.

Territorial Leasing in Diplomacy and International Law focuses on an unexplored but relatively common practice in which states reallocate their rights on territory without altering formal boundaries or resorting to definitive cessions. As products of diplomacy, leases address a frequent situation that, in extreme cases, can lead to war: the desire by more than one state to exercise sovereign authority in the same place. As instruments of international law, they paradoxically reinforce the territorial integrity of states while raising questions about the nature of their sovereignty. This book draws from a large number of leases to examine the practice from historic to modern times, describing their elements in detail and assessing them from both political and legal perspectives.

Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

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.