Fiduciary Principles in International Law
The Oxford Handbook of Fiduciary Law (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff eds., Oxford University Press 2019)
20 Pages Posted: 19 Sep 2019
Date Written: September 10, 2019
This chapter explores how fiduciary principles have shaped international law from colonial times to the present. Fiduciary principles are evident not only in the text of the League of Nations Covenant and the United Nations Charter, but also in various subfields of international law, including the law governing international territorial administration, military occupation, the legal status and duties of states, and the responsibilities of diplomatic officers. Although international law affirms that certain offices, institutions, and roles attract fiduciary duties, the international community has struggled to develop credible mechanisms for enforcing these duties.
Keywords: fiduciary, international law, loyalty, agent, trustee, colonialism, international territorial administration, occupation, states, diplomats
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