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The Legal Status Of Territories And States Under International Administration

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Chapter Summary

While the legal status under international law of the states and territories under international administration is less relevant in the cases of Afghanistan and Iraq, this is paramount in respect of Kosovo and East Timor. In the past, various names have been given to the cases discussed in this chapter: internationalised territory, protectorate, trust territory, de facto state and so forth. The chapter analyses to what extent the states and territories in which the UN has exercised far-reaching administrative powers are endowed with a particular international legal status, and subsequently, whether the legal status has implications for the exercise of state competences and the international legal personality of the entity. It argues that for the duration of the international administration of the territory the state's sovereignty persists, but its exclusive competences are partially or totally suspended and exercised by the foreign actors.

Keywords: East Timor; international administration; international law; Iraq; Kosovo; legal status; sovereignty; trust territory



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