The Administration of Territories: from the Protectorate to the International Territorial Administration

Abstract

The object of this paper is to analyze the institutional evolution of the administration of territories conducted by third parties different from the territorial state and, more precisely, to deepen in the distinction between two of its forms: the protectorate and the international territorial administration. Although these two forms share some similarities, the main thesis is that the international protectorate and the international territorial administration constitute two different institutions. That is because they have different goals, they are based on two distinct legal foundations, they operate in different contexts and they each entrain different requirements for international legality, legitimacy and efficacy in their implementation. The protectorate, in its various forms, was used as an instrument serving the strategic, economic and military interests of the great powers; it was one of many institutions used to formalize, in legal terms, the de facto hierarchical relations among states or political entities. In contrast, today’s international administration of territories is a tool that, in essence, is used to protect the general values and interests of the international community, such as peace and fundamental human rights.