Trusteeship, Suspended Sovereignty, and Enforcement of UN Membership Duties: Governance in Times of Peril

Abstract

United NationstrusteeshipUN International Transitional Administrationpeacekeepingfailed or fragile state syndromeresponsibility to protectThe paper promotes the reform of the UN trusteeship system as a legitimate and an ultimate response to acute circumstances of the “failed and fragile state syndrome” and a means to comply with the duty of the Responsibility to Protect (R2P) in extremely severe cases. It advances three arguments. First, UN membership represents an explicit commitment by the member state to abide by the charter. Failure to comply due to state incapacitation triggering the R2P and causing a threat to international peace and stability represents a de facto condition of suspended sovereignty. Second, since UN membership depends on sovereignty, such situation entails consequences regarding membership provisions. Consensual placement under the trusteeship system is an effective and efficient remedial approach to facilitating the state’s resumption of full and active UN membership. Third, incorporating UN International Transitional Administration arrangements applicable to such cases within the trusteeship system will significantly improve these peace operations.Gal-Or, N. (2011). Trusteeship, Suspended Sovereignty, and Enforcement of UN Membership Duties: Governance in Times of Peril. First published with: Journal of International Organization Studies, 2 (3). Available at SSRN: http://ssrn.com/abstract=2238780Peer reviewe