Mandate (international law)

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the term mandate (given by Latin ex manu date „from the hand “) designation in international law in the broader sense a state or a confederation of states the given order to represent state and international-law interests of a certain strange area. In the closer sense the term designates the Verwantwortung for the administration of certain earlier parts of the Osmani realm as well as the earlier German colonies, which became to transfer after end of the First World War to the Völkerbund and after the end of the Second World War partly to the United Nations turned into.

mandate of the Völkerbunds

as one of the consequences of its defeat in the First World War had the German Reich in the peace treaty of Versailles of 28. June 1919 did not only determine parts of its mainland-European national territory, but also its entire colonial possession transfer. That only 1911 into the framework in such a way specified of Morocco Congo contract of France at Germany abgetrenene new Cameroon changed again in French possession, which became remaining colonies the Völkerbund subordinated. The Völkerbund exercised its jurisdiction not directly according to the article 2 of its statute, but carried only theoretical last the latter; the practical order and clerical work lay in the hands of different winner states, „the mandate powers in such a way specified “. Beside the former German colonies the formerly German region Danzig as well as the formerly cisleithanische city Rijeka and their surrounding countryside was likewise subordinated to the Völkerbund.

Also a majority of the Osmani realm, which allies with Germany and Austria Hungary had been and thus likewise on the side of the losers, became under supervision of the Völkerbunds and/or posed under protectorate of certain winner states. The Partitionierung of the many people state, already to 16. May 1916 in the Sykes Picot agreement outlined was, became to 10. August 1920 in the contract of Sèvres formalizes and to 24. July 1923 in the contract of Lausanne finally fixed.

The Völkerbund regarded it as its task to prepare its „mandated territories in such a way specified briefly “or „mandates “for independence. The region Danzig and the area Rijeka were explained still 1920 as independent states. Danzig was supervised thereby however further by the Völkerbund; the interests with regard to foreign policy of the metropolis and its surrounding countryside should represent their defense from Poland, should by Poland and Great Britain be guaranteed. A comparable international-law special status was intended for none of the other mandated territories. Beyond 1920 the verb-suffering mandates were divided on the basis their respective geographical drawer as well as from the consideration that not all of these territories could equivalent fast be developed to lebensfähigen independent states, in three classes:

  • The class „of the A-mandates in such a way specified “covered the not-Turkish parts of the smashed Osmani realm. The Iraq and the Palestine at that time were subordinated to British administration, whereby the Iraq 1932, which separated Transjordanien became to dismiss 1922 of Palestine 1946 into independence. Syria and Lebanon were subordinated to French administration and received its respective independence 1946 and/or 1943. With exception today's Israel and the today's Palestinian autonomy areas thereby 1946, the year of the official release of the Völkerbunds and the end of its mandate system going thereby, all A-mandates into sovereigns states were actually transformed.
  • The class „of the B-mandates in such a way specified “consisted former German southwest Africa of the former German colonies in Africa with exception . The responsibility for Cameroon and Togo was divided between Great Britain and France, whereby the western four fifth and/or two thirds arrived under British, the eastern fifth and/or third under French administration. Tanganjika was subordinated completely British , Rwanda Urundi however to Belgian administration. None of these areas became until 1946 into independence to dismiss.
  • The class „of the C-mandates in such a way specified “finally covered German southwest Africa and the former German colonies in the Pacific area. German southwest Africa was surrendered to the South African union, which administration of Western Samoa at New Zealand and from Nauru at New Zealand, Great Britain and Australia transfer. The remaining former German possessions the equator - essentially the island Papua New Guinea - became southern by Australia, which remaining former German possessions north the equator - the Karolinen, Marshall Islands, which northern Marianen and Palau - of Japan administers. Also these areas remained beyond the end of the mandate system in the actual possession of their respective mandate powers.

trust system of the United Nations

with the day of the dissolution of the Völkerbunds to 18. April 1946 ignored the formal sovereignty over its remaining mandated territories on the United Nations. According to article 75 to 91 to 24. October 1945 into force stepped statute of the United Nations lay like already so far only last the latter with the confederation of states, practically the Regierungsgewalt by specific member states was still exercised. For the symbolic confirmation of the goal of developing it to independent states the mandates were called now trust territories. Beyond that the organization into B and C-areas was given up, to its place stepped now the distinction between „general trust territories so mentioned “and „to strategic areas “. During general trust territories were directly the trusteeship council particularly created for this task, indirectly the general assembly subordinated, the upper supervision across strategic areas by the security council were led. Proponent of this organization were the United States, which attached importance to let them surrendered Pacific Inselgruppen control by a committee in which them a right of veto have. The trust territories and their development in detail:

  • The former B-mandates Cameroon and Togo remained divided on Great Britain and France. France dismissed the parts of Cameroon and Togo administered by him 1961 into independence, whereby that today's sovereigns Togo and today's sovereigns Cameroon developed. Great Britain had the part of Togo administered by him 1957 into independence to already dismiss, by making possible for it to unite with the gold coast to sovereigns Ghana. 1961 gave up to Great Britain also the part of Cameroon administered by him; its south followed the meanwhile independent part of Cameroon, its north for the year before sovereigns Nigeria . Likewise 1961 dismissed Great Britain Tanganjika. In the year after Belgium Rwanda Urundi dismissed, from which thereby the today's States of Rwanda and Burundi came out.
  • The former B-mandate German southwest Africa remained under the administration of the South African union. Those radical claimant projects of the union and/or the 1962 from its come out republic South Africa, the country too „südafrikanisieren “and in particular the apartheid politics since the trust territory to expand, caused the United Nations to extract from the Republic of 1966 the trust shank. The republic, which regarded the area however in the meantime as integrals part of its national territory, however successfully ignored this resolution and is enough time also unpunished. Only after a condemnation by the international Court of Justice 1971 was South Africa ready, seriously on the independence today's Namibia in addition-work, which kept this actual nevertheless only to 1990.
  • The former C-mandate Western Samoa remained under the supervision of New Zealand, from which it became to dismiss 1962 into independence. Nauru and Papua New Guinea remained subordinated for Australian administration and received its sovereignty 1968 and/or 1975. The remaining former C-mandates, which had been subordinate originally Japanese administration, were entrusted to the United States: the Karolinen and Marshall Islands became 1990 independently, whereby the today's Mikronesien developed, Palau 1994. The northern Marianen decided for the durable connection to its protecting power.

Since the dismissal Palaus at the 1. October 1994 stands no more area under faithfully administration.

literature

  • Wolfgang cutter: The international-law mandate in historical dogmatischer representation, 103 S., Stuttgart 1926 (=Schriften the German foreign institute Stuttgart, on the right of and state-scientific row/volume 2)
  • Manka mirror: The international-law mandate and its application to Palestine, 182 S., Graz/Vienna/Leipzig 1828
  • Ernst Marcus: Palestine - a becoming state. People and state-legal investigation on the legal organization of the mandate country Palestine with special consideration of the right of the national homestead for the Jewish people, 328 S., 2 maps, Leipzig 1929 (=Frankfurter papers to modern international law, number 16)
 

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