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The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory

The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory

Defence date: 17 October 2005 ; Examining Board: Prof. Pierre-Marie Dupuy, European University Institute (Supervisor); Prof. Neil Walker, European University Institute; Prof. Hanspeter Neuhold, University of Vienna; Prof. Christian Tomuschat, Humboldt University Berlin ; First made available online on 27 February 2018 ; The growing number of international organisations involved in 'state-building' and the scope of authority they exercise raises a number of important questions under international law - as to the status of UN-administered territories, the nature o f UN authority, its legal basis in the UN Charter, and its limitations, for example. By looking at the ways through which international authority carries out internationalisation projects, the thesis aims to explain how legal instruments were designed in order to respond to a spatio-temporal need of the international community. It adopts a broad topological style which interrogates where and how to 'locate' the background assumptions guiding the idea of international fiduciary administration, in legal and philosophical space. By supplying complementary theoretical frameworks to account for instances of suspended sovereignty, the thesis presents a synoptic vision of the notion of internationalisation of territory and the extent to which multilateral institution-building missions share features with, and can be distinguished from, projects undertaken under the Mandate- and Trusteeship systems. It utilises institutions of both private law (agency, trusteeship, servitude) and public law (wardship, the status of organs) to analyse the dual nature of international administrations. Firstly, an international administration represents a non-state territorial entity on the international plane as agent ex lege. Second, the thesis investigates the organic framework through which an ancillary organ of the UN dispenses temporary political authority in order to carry out the functions, and meet the needs, of the international community. The constructive approach to international legal personality solidifies the argument that a non-state territorial entity administered by the international community may base its claim towards partial personality on a legal argument. The doctorate follows a trajectory that outlines the phenomenon of 'dual functionality' throughout colonialism, trusteeship administration, military occupation and territorial administration on the basis of an international mandate. The notion of the fiduciary bond underpin all examples which illustrate that the more 'international' the mandate of a territorial administration, the more pronounced its assumption of agency and pursuit of the 'territorial' interest. Both frames are applied to the UN Council for Namibia and to the United Nations Interim Administration Mission in Kosovo (UNMIK). The tensions resulting from the simultaneous performance, by the same actor, of the functions of territorial agent and international organ accompany the investigation into the status of Kosovo in public international law. Moreover, the thesis examines certain inherent shortcomings to an 'open-ended' institutionbuilding operation where the future status of the entity in statu nascendi remains undecided. Focusing on the internal political and legal order of an internationalised territory, the thesis notes that the rule of an international administration is subject to an 'anomalous' legitimacy cycle. The fundamental indeterminacy of law, gaps in statutory instruments and in human rights protection further expose the frailty of transitional administrations.