The New Paternalism
The New Paternalism
On 1 Nov 1994, the UN Trusteeship Council voted to suspend operations after Palau, the last remaining trust territory, attained independence. The sovereign state has emerged out of decolonization as the supreme form of political organization in post‐colonial international society—an international society in which dominions, colonies, principalities, free cities, and, of course, mandates and trust territories have all but vanished. However, the ostensible failure of this post‐colonial project—the fact that the promise of peace and prosperity held out by independent statehood is too often betrayed by appalling violence and absolute poverty—has reinvigorated interest in trusteeship as a way of responding to problems of international disorder and injustice. The purpose of this chapter is threefold: first, it examines the principal dilemma of decolonization that has resulted in a renewed interest in trusteeship; second, it considers this renewed interest in trusteeship in the context of international involvement in administering Bosnia and Herzegovina, Kosovo, and, until recently, East Timor; third, it reflects upon the normative implications that a resurrected practice of trusteeship carries for a society of states that is premised on the juridical equality of all its members. The five sections of the chapter are: The False Promise of post‐Colonial Independence; Innovation and Convention—the case for trusteeship in Bosnia and Herzegovina, Kosovo, and East Timor; The New International Legitimacy—the resurrection of trusteeship; A Universal Society of States?; and Answering the Call of Humanity.
Keywords: Bosnia and Herzegovina, Brahimi Report, Charter of Paris, Dayton Agreement, decolonization, democracy, doctrine of international community, East Timor, equality, failed states, free market economy, human rights, human security, independence, independence, independent statehood, injustice, international disorder, international injustice, International Legitimacy, international society, juridical equality, Kosovo, Office of the High Representative, paternalism, peace operations, peacekeeping, post‐Colonial Independence, post‐colonial international society, poverty, Security Council, sovereign state, sovereignty, Trusteeship, UN Trusteeship Council, unjust states, UNMIK, UNTAET, violence
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