고려대학교

초록/요약

The mandate system was established by the “Principle Allied and Associated Powers” which were the victorious countries in World War I. This dissertation analyzes whether the mandate system was a modified colonial system or whether it helped end colonialism. However, the mandate system was established about 100 years ago, so it is not a frequent topic of international law research today. In this regard, it is necessary to recall that international law did not suddenly emerge, but rather was a product of revisions and outgrowths of international law in the past. Thus, information from the past can shed light on current international law issues that are being discussed or are not settled today. When the mandate system under the League of Nations (hereafter “LN”) was established at the end of World War I, the discussions that served as the foundation for contemporary international law began. Thus, the mandate system is an important part of the history of international law. The second chapter analyzes the background against which the mandate system was established and who the mandatories were and which territories were included in mandates under Article 22 of the Covenant of the LN (hereafter “Article 22”). The third chapter first reviews the main principles behind the mandate system and the obligations of mandatory powers. The main principles of the system were “sacred trust for civilization,” “non-annexation,” and “self-determination.” The principle of sacred trust for civilization was the trust obligation as applied to the mandate system. Second, it reviews the substantial and procedural obligations of mandatories under the sacred trust of civilization. Article 22(5) and individual mandate agreements signed between the Council of the LN and the mandatories contain substantial obligations of A, B, and C mandatories. Article 22(5) provides that the mandatory powers overseeing B mandates could not trade slaves or sell alcoholic beverages within their mandates and had to ensure the freedom of conscience and religion for the peoples inhabiting those areas. In addition, the mandatory powers could not establish naval bases, fortresses, or military bases in their mandated territories. Even military drills were only permitted to guard the areas. Also, the mandatory powers had to maintain open-door policies for mandated territories. Even though the prohibition of racial discrimination was not included in Article 22(5), the South West Africa case indicates that it was one of the mandatories’ substantial obligations. In addition, mandatory powers were under procedural obligations of submitting of annual reports under Articles 22 (7) and (9) and submit petitions adopted by the LN. The fourth chapter examines violations of the obligations of the mandatory powers. First, examines violations of the obligation to guarantee the rights of the peoples in mandated territories. Second, it looks at the ambiguity of the rules dictating the nationality of the peoples of the mandated territories. Third, it discusses how the commentators in South West Africa case noted that mandatory powers of C mandates had control over them that was not much different from annexation. The fifth chapter looks at the contemporary effects of the mandate system. First, the mandate system was converted into the trusteeship system under the UN after the LN was dissolved. Second, it looks at how the main principles of the mandate system contributed to the development of contemporary international law. The International Court of Justice (hereafter “ICJ”) reviewed the legal issues of the South West Africa, Certain phosphate Lands in Nauru, and Case concerning Legal Consequences of the Construction of a Wall in the Occupied Palestine Territory cases that were related to the main principles of the mandate system. This study of the mandate system produced three major conclusions. First, the mandate system was designed to allow countries to effectively run modified colonies because the international laws allowing for it were devised by countries that were proud to be the sole subjects of international law at the time. Second, the international law governing mandates was insufficient or ambiguous, but it greatly influenced the development of current international law and contributed to the creation of the international legal logic that would be used to overcome colonialism under the UN. Third, the issues concerning the mandate system dealt with in the ICJ’s judgments need to be further studied in the 21st century as contemporary international law issues are connected to them.