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The Creation of States in International Law$
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James R. Crawford

Print publication date: 2007

Print ISBN-13: 9780199228423

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199228423.001.0001

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Non-Self-Governing Territories: the Law and Practice of Decolonization

Non-Self-Governing Territories: the Law and Practice of Decolonization

(p.602) Chapter 14 Non-Self-Governing Territories: the Law and Practice of Decolonization
The Creation of States in International Law


Oxford University Press

Before 1945, there was very little general international concern with colonial issues, and still less with the progress of colonised peoples to self-government. At the San Francisco Conference, however, more extensive provision for colonial territories was made in the form of Chapter XI of the United Nations (UN) Charter, entitled ‘Declaration Regarding Non-Self-Governing Territories’. Chapter XI is an attempt to apply somewhat similar ideas to those embodied in Article 22 of the Covenant to a far broader category of territory. This chapter examines the dispositive aspects of Chapter XI and the extensive practice pursuant to Chapter XI. The status of that practice was historically controversial, but most UN members took an extensive view of Chapter XI, and in general these views prevailed. Indeed, it has been largely through the medium of Chapter XI that UN members have extended and elaborated the operation of the principle of self-determination.

Keywords:   non-self-governing territories, international concern, San Fransico Conference, decolonisation, United Nations Charter, colonial territories

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