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The Temporary Nature Of Authority

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Chapter Summary

This chapter is particularly directed towards the cases of Kosovo and East Timor. Many principles need to be considered as also applicable in the case of Iraq. The Coalition Provisional Authority (CPA) was not just an occupying force, but was also acting under a Security Council mandate. One of the most essential characteristics of recent peace-building missions, and post-conflict international administrations is their temporary nature. The basic principles derived from the fiduciary character of the authority can nevertheless be seen as applicable only in a subsidiary manner. This rule can for instance be applied to the administration by United Nations Interim Administration Mission in Kosovo (UNMIK) of the properties belonging to Serbia. The administering authority is indeed primarily bound by the main objectives of the missions, and the mandates under Security Council Resolutions are to take precedence over the fiduciary principle.

Keywords: Coalition Provisional Authority (CPA); East Timor; fiduciary character; Iraq; Kosovo; peace-building missions; post-conflict international administrations; Security Council



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