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Estates and Trusts Commons

Open Access. Powered by Scholars. Published by Universities.®

2008

Vanderbilt Journal of Transnational Law

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Full-Text Articles in Estates and Trusts

Neotrusteeship Or Mistrusteeship? The "Authority Creep" Dilemma In United Nations Transitional Administration, Christian E. Ford, Ben A. Oppenheim Jan 2008

Neotrusteeship Or Mistrusteeship? The "Authority Creep" Dilemma In United Nations Transitional Administration, Christian E. Ford, Ben A. Oppenheim

Vanderbilt Journal of Transnational Law

State failure poses one of the greatest threats to international peace and security. The collapse of governing institutions breeds civil wars, generates refugee flows, causes enormous civilian suffering, foments instability in neighboring countries, and provides safe havens for transnational criminal and terrorist organizations. As a result, commentators and policymakers have increasingly called for a remedy to the problem of state failure. One of the most compelling arguments is to draw on an old legal institution: international trusteeship by the United Nations (U.N.). This Article argues that while trusteeship may prove effective in managing state failure, it also carries risks. International …