Mandates in International Law

Abstract

The term “mandate” has no fixed legal definition in international law. In general, it refers to a mode of external territorial administration, in which some or all administrative authority over a designated territory is delegated to a given party, usually a sovereign state, to be exercised on behalf of an international alliance or institution. The term is commonly associated with the formalization of a mandate system for the postwar administration of the German and Ottoman imperial territories occupied by the Allied Powers during World War I. Pursuant to Article 22 of the Covenant of the League of Nations, Mandates for Palestine, the British Cameroons, British Togoland, Tanganyika, South West Africa, New Guinea, Nauru, Western Samoa, and later Iraq were conferred on Britain (South West Africa to be exercised by South Africa, New Guinea and Nauru by Australia, and Western Samoa by New Zealand); Mandates for Syria and Lebanon, French Cameroun, and French Togoland on France; a Mandate for Ruanda-Urundi on Belgium; and a Pacific Islands Mandate on Japan. Although the concept of mandatory administration had significant pre–World War I precedents, it is generally agreed that the League mandate system was a sui generis arrangement, instituted as a pragmatic compromise between advocates of internationalization and advocates of annexation of the occupied territories. In administrative terms, the mandate system was unprecedented due to the existence of the League itself, which exercised some powers of oversight through the Permanent Mandates Commission (PMC). This entry provides a selective introduction to the mandate system. The focus is predominantly on contemporaneous sources from the period, supplemented with more recent secondary analyses reflective of the current resurgence of interest in the mandate system within the discipline, which has focused in particular on the legal and political histories of the Palestine and South West Africa mandates. Many contemporaneous texts deploy the explicitly racialized and paternalistic idioms of the period; the language used in citations reflects the language used in the relevant text. Certain mandated territories—namely Palestine, Syria and Lebanon, Iraq, South West Africa, Nauru, and the Japanese Pacific Islands Mandate—are given specific treatment. This is not to minimize the significance or consequences of mandatory administration in any other case, but rather to reflect the comparative coverage in the extant literature. As the mandate system is generally understood as a precursor to subsequent forms of international territorial administration, the entry concludes with sections on the transition from the mandate system to the UN trust territory system, and on theoretical assessments of the significance of mandates in international law.