Javascript must be enabled to continue!
Sovereign Trusteeship and Empire
View through CrossRef
AbstractThis Article examines the concept of sovereign trusteeship in the context of the history of empire. Many accounts of sovereign trusteeship and the responsibility to protect explain the development of those concepts in terms of seventeenth century natural law theories, which argued that the origins of the social contract were in subjects seeking self-preservation. The state, accordingly, was based upon its duty to protect its subjects, while also having a secondary responsibility for subjects beyond its borders arising from human interdependence. I shall show that the concepts underlying sovereign trusteeship - human fellowship, self-preservation and the protection of others’ interests - were as entangled with the expansion of early modern states as they were with the justification of those states themselves. The legacy of that history is that arguments employed to justify sovereign trusteeship and the responsibility to protect remain highly ambiguous and subject to rhetorical manipulation. On the one hand, they can be represented as underpinning a new liberal international order in which states and international organizations are accountable to the human community, not only to their own subjects. On the other, these same terms can be deployed to justify expansionism in the name of humanitarianism, as they have done for hundreds of years. Only by paying careful attention to the contexts in which these claims are made can we discriminate the intentions behind the rhetoric.
Title: Sovereign Trusteeship and Empire
Description:
AbstractThis Article examines the concept of sovereign trusteeship in the context of the history of empire.
Many accounts of sovereign trusteeship and the responsibility to protect explain the development of those concepts in terms of seventeenth century natural law theories, which argued that the origins of the social contract were in subjects seeking self-preservation.
The state, accordingly, was based upon its duty to protect its subjects, while also having a secondary responsibility for subjects beyond its borders arising from human interdependence.
I shall show that the concepts underlying sovereign trusteeship - human fellowship, self-preservation and the protection of others’ interests - were as entangled with the expansion of early modern states as they were with the justification of those states themselves.
The legacy of that history is that arguments employed to justify sovereign trusteeship and the responsibility to protect remain highly ambiguous and subject to rhetorical manipulation.
On the one hand, they can be represented as underpinning a new liberal international order in which states and international organizations are accountable to the human community, not only to their own subjects.
On the other, these same terms can be deployed to justify expansionism in the name of humanitarianism, as they have done for hundreds of years.
Only by paying careful attention to the contexts in which these claims are made can we discriminate the intentions behind the rhetoric.
Related Results
A Study on the Trusteeship System under International Law
A Study on the Trusteeship System under International Law
This article attempted to critically examine the trusteeship system established based on the UN Charter. Furthermore, it intended to clarify whether the trusteeship system contribu...
Case Concerning Certain Phosphate Lands in Nauru (Nauru v. Australia) Preliminary Objections
Case Concerning Certain Phosphate Lands in Nauru (Nauru v. Australia) Preliminary Objections
1Claims — Defendants — Joint responsibility — Alleged wrongdoing by more than one State — Trusteeship Agreement conferring authority over territory upon three States — Actual admin...
Case Concerning the Northern Cameroons (Cameroon v. United Kingdom).
Case Concerning the Northern Cameroons (Cameroon v. United Kingdom).
Trust Territories — Trusteeship Agreement — Termination of — By resolution of General Assembly — Subsequent reference to International Court of Justice of alleged breaches of Trust...
Conservation Effectiveness of Public Trusteeship: A Multiscale Evaluation in Xianghai Nature Reserve of Northeast China
Conservation Effectiveness of Public Trusteeship: A Multiscale Evaluation in Xianghai Nature Reserve of Northeast China
Effective management of protected areas is essential for biodiversity conservation, yet the ecological outcomes and social constraints associated with the involvement of commonweal...
Pari Passu Lost and Found: The Origins of Sovereign Bankruptcy 1798-1873
Pari Passu Lost and Found: The Origins of Sovereign Bankruptcy 1798-1873
Verdicts returned by modern courts of justice in the context of sovereign debt lawsuits have upheld a ratable (proportional) interpretation of so-called “pari passu” clauses in deb...
Sustainability Signals in Sovereign Risk Pricing: Panel Evidence from Emerging Economies
Sustainability Signals in Sovereign Risk Pricing: Panel Evidence from Emerging Economies
This paper examines whether variations in environmental responsibility, social development, and governance quality are systematically associated with sovereign borrowing costs in e...
Constitution-Making under UN Auspices
Constitution-Making under UN Auspices
As an 18th century ‘standard of civilization,’ the Western liberal constitution has since been integral to public international law and colonial trusteeship. This book is the first...
The Determinants of Sovereign Sukuk Issuance from Organization of Islamic Cooperation Members
The Determinants of Sovereign Sukuk Issuance from Organization of Islamic Cooperation Members
The objective of this study is to analyze the factor of uncertain macroeconomics condition on the issuance of sovereign using four indicators, economic growth, inflation, exchange ...

