THE UNITED NATIONS TRUSTEESHIP COUNCIL AND THE TRUSTEESHIP SYSTEM: JUSTIFICATIONS FOR REVIVAL AND LEGAL OBSTACLES
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Published:
Aug 3, 2022
Keywords:
Dewan Perwalian, Fragile, Failed States, Revival, UN Reformation
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Abstract
The Trusteeship Council as a principle organ of the United Nations has its functions to supervise territories in the United Nations Trusteeship system. However, since 1994, the Trusteeship Council had been inactive. This does not heed to its history, where the Council had helped 11 trust territories in gaining independence. Interestingly, a handful of thee territories that had been assisted by the Council had in recent years encountered problems especially in its own governance systems. Those States had lost its capacity to govern itself, not able to withstand internal and external pressures of the modern world. Aside from former trust territorieas, there had been many instances of other States experiencing instability, that could be forwarded as to be included in the job description of the Trusteeship Council. A revival seems to befit the Council, taking into account recent development. Nonetheless, a litany legal and political hurdles must be passed before the Council could rise once again.
Article Details
How to Cite
Sumartapraja, A. R. (2022). THE UNITED NATIONS TRUSTEESHIP COUNCIL AND THE TRUSTEESHIP SYSTEM: JUSTIFICATIONS FOR REVIVAL AND LEGAL OBSTACLES. Padjadjaran Journal of International Law, 5(2), 171-186. https://doi.org/10.23920/pjil.v5i2.885
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This work is licensed under a Creative Commons Attribution 4.0 International License.
References
REFERENCES
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Amenumey, “German Administration in Southern Togo”, The Journal of African History, Vol. 10, No. 04, 1969.
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Nisreen Mansour, “Neofunctionalism and European Integration: Is it Still a Case of Spillover”, E-International Relations Queen Mary University of London Vol. 1 No. 1, 2011.
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Ruth Gordon, "Saving Failed States: Sometimes a Neocolonialist Notion", American University International Law Review, Vol. 12, No. 01, 1997.
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Villia Jefremovas, “Acts of Human Kindness: Tutsi, Hutu and the Genocide”, A Journal of Opinion, Vol. 23, No. 02, 1995.
Other Documents
United Nations, Charter of the United Nations 1945, 24 October 1945, 1 U.N.T.S. XVI.
League of Nations, Covenant of the League of Nations 1919, 28 April 1919..
United Nations Trusteeship Council, Rules of Procedure of the Trusteeship Council (as amended), 1995, T/1/Rev.7.
United Nations General Assembly, Financing of Economic Development of Under-Developed Countries, 1950, A/Res/400 (V).
United Nations General Assembly, Reccomendations regarding legislative measures towards the trusteeship of the Cameroons, 1961, A/Res/1608 (XV).
United Nations General Assembly, Report of the Trusteeship Council, 1961, No. 4 A/4814. Report of Western Samoa Mission.
UN doc. T/46, September 24, 1947, and T/46 Add. 1, September 25, 1947 (Annexes).
United Nations General Assembly, Recommendations of measures in the revitalization of natural resources in Nauru regarding certain phosphate lands, A/Res/2111.
Trusteeship Agreement for the Territory of New Guinea, 13 December 1946, Document T/8.
Trusteeship Agreement for the Territory of Italian Somaliland, 13 December 1950, Document T/11.
4 UN doc. T/62, November 21, 1947.
Discovery Education, “Excerpt from President Wilson’s Fourteen Points Speech”, Social Studies Techbook, available at:
Central Intelligence Agency, “Samoa”, CIA World Factbook
Social Advancement in Trust Territories, GA Res. 323 (IV), UN Doc. A/323 (1949).
Books
Beth Simmons, Handbook of International Relations: International Law, London: Sage Publication, 2012.
Charmian Edwards, the Trusteeship System of the United Nations, New York: Greenwood Press, 1956
J. Schumaker, From Ideologies to Public Philosophies: An Introduction to Political Theory, Oxford: Blackwell, 2008.
James Crawford, the Creation of States in International Law, Oxford: Oxford University Press, 2013
Richard Jolly, UN Contribution to Development Thinking and Practice, Indianapolis: Indiana University Press, 2004.
Robert I. Rotberg, When States Fail; Causes and Consequences, New Jersey: Princeton University Press, 2004.
Willard Johnson, The Cameroon Federation: Political Integration in a Fragmentary Society, Princeton: Princeton University Press, 1970.
Journal Articles
Amenumey, “German Administration in Southern Togo”, The Journal of African History, Vol. 10, No. 04, 1969.
David P. Fidler, “Security Council in Philosophical Conundrum”, Michigan Journal of International Law Vol. 17 No. 41, 1996.
David Stone, "Imperialism and Sovereignty: The League of Nations' Drive to Control the Global Arms Trade", Journal of Contemporary History, Vol. 35, No. 02, 2000.
Esha Shah, "Manifesting Utopia: History and Philosophy of UN Debates on Science and Technology for Sustainable Development", Economic & Social Research Council, November 2009.
Francis Sayre, "Legal Problems Arising from the United Nations Trusteeship System", American Journal of International Law, Vol. 42, No. 02, 1948.
Jonathan Di John, “Conceptualizing the Causes and Consequences of Failed States: A Critical Review of the Literature”, Working Paper No. 23 Development as State-Making Crisis States Research Centre, 2008.
Mangasini Katundu, “Tanzania’s Constitutional Reform Predicament and the Survival of the Tanganyika and Zanzibar Union”, The Journal of Pan African Studies, Vol. 29, No. 08, 2015.
Mezei Atilla, “The Trusteeship Council and State Failure Trusteeship Systems and the Forgotten UN Organ in the 21st Century”, Koz-gazdasag Vol. 14, No.1, 2019.
Nsemva Lenshie & Jiebreal Gambo, "The United Nations Plebiscites in the Northern Cameroons: PostColonial Issues and Challenges in Sardauna Local Government Area of Taraba State, Nigeria", Research on Humanities and Social Sciences, Vol. 04, No.19, 2014.
Nisreen Mansour, “Neofunctionalism and European Integration: Is it Still a Case of Spillover”, E-International Relations Queen Mary University of London Vol. 1 No. 1, 2011.
Rajeesh Kumar, “Iraq War 2003 and the Issue of Pre-emptive and Preventive Self-defence: Implications for the United Nations”, Indian Quarterly: A Journal of International Affairs Vol. 70 No. 2, 2014.
Ruth Gordon, "Saving Failed States: Sometimes a Neocolonialist Notion", American University International Law Review, Vol. 12, No. 01, 1997.
Ruth Gordon, "Some Legal Problems with Trusteeship", Cornell International Law Journal, Vol. 28, No. 01, 1995.
Travis Parker, “The Ultimate Intervention: Revitalizing the UN Trusteeship Council for the 21st Century”, Centre for European and Asian Studies, 2003.
Villia Jefremovas, “Acts of Human Kindness: Tutsi, Hutu and the Genocide”, A Journal of Opinion, Vol. 23, No. 02, 1995.
Other Documents
United Nations, Charter of the United Nations 1945, 24 October 1945, 1 U.N.T.S. XVI.
League of Nations, Covenant of the League of Nations 1919, 28 April 1919..
United Nations Trusteeship Council, Rules of Procedure of the Trusteeship Council (as amended), 1995, T/1/Rev.7.
United Nations General Assembly, Financing of Economic Development of Under-Developed Countries, 1950, A/Res/400 (V).
United Nations General Assembly, Reccomendations regarding legislative measures towards the trusteeship of the Cameroons, 1961, A/Res/1608 (XV).
United Nations General Assembly, Report of the Trusteeship Council, 1961, No. 4 A/4814. Report of Western Samoa Mission.
UN doc. T/46, September 24, 1947, and T/46 Add. 1, September 25, 1947 (Annexes).
United Nations General Assembly, Recommendations of measures in the revitalization of natural resources in Nauru regarding certain phosphate lands, A/Res/2111.
Trusteeship Agreement for the Territory of New Guinea, 13 December 1946, Document T/8.
Trusteeship Agreement for the Territory of Italian Somaliland, 13 December 1950, Document T/11.
4 UN doc. T/62, November 21, 1947.
Discovery Education, “Excerpt from President Wilson’s Fourteen Points Speech”, Social Studies Techbook, available at:
Central Intelligence Agency, “Samoa”, CIA World Factbook
Social Advancement in Trust Territories, GA Res. 323 (IV), UN Doc. A/323 (1949).