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The Direct Administration of Territories by the United Nations and its Member States in the Post Cold War Era: Legal Bases and Implications for National Law

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The current article addresses certain legal questions raised by the post Cold War direct administrations that were authorized by the Security Council. The first concerns the legal basis for such administrations, as it is not explicitly provided for in the United Nations Charter. The second question concerns the implications of the direct (co-) administrations for the national legal order. The article also describes the legal basis for territorial administrations by the United Nations or Member States acting on its behalf and examines some of the implications of the direct (co-) administrations of territories for the domestic legal order. It explores, in particular, if and to what extent the Security Council-authorized administrations may directly penetrate the domestic order, as well as whether the directly applicable decisions resulting from such penetration would be of an “inalterable” nature.


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