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Trusteeship, Suspended Sovereignty, and Enforcement of UN Membership Duties: Governance in Times of Peril
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Peer Reviewed
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Author (aut): Gal-Or, Noemi
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Abstract |
Abstract
The paper promotes the reform of the UN trusteeship system as a legitimate and an ultimate response to acute circumstances of the “failed and fragile state syndrome” and a means to comply with the duty of the Responsibility to Protect (R2P) in extremely severe cases. It advances three arguments. First, UN membership represents an explicit commitment by the member state to abide by the charter. Failure to comply due to state incapacitation triggering the R2P and causing a threat to international peace and stability represents a de facto condition of suspended sovereignty. Second, since UN membership depends on sovereignty, such situation entails consequences regarding membership provisions. Consensual placement under the trusteeship system is an effective and efficient remedial approach to facilitating the state’s resumption of full and active UN membership. Third, incorporating UN International Transitional Administration arrangements applicable to such cases within the trusteeship system will significantly improve these peace operations. |
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Unsure
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Rights Statement
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Keywords |
Keywords
United Nations
trusteeship
UN International Transitional Administration
peacekeeping
failed or fragile state syndrome
responsibility to protect
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English
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Trusteeship, Suspended Sovereignty, and Enforcement of UN Membership Duties: Governance in Times of Peril
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application/pdf
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365065
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