Work

Fiduciary Internationalism: Reimagining the Trusteeship Council as a Representative Organ for the Voiceless

Year: 2026
Type: article
Abstract: The Trusteeship Council, originally established under Chapter XIII of the UN Charter to supervise trust territories and guide them toward self-government or independence, has become largely dormant since the completion of decolonization. This article argues that the Council, rather than being treated as a historical relic, can be reconceptualized as a functional institutional mechanism to address persistent representation gaps in international adjudication. By drawing on the Roman law concept of mandatum and situating the proposal within broader doctrinal debates on actio popularis and locus standi, the study explores how the Trusteeship Council could serve as a neutral representative body for non-state actors, including stateless peoples, climate-displaced populations, and multinational corporations.The article analyses the fundamental structural limitations within the existing international legal framework, especially the traditional state-centric approach to locus standi before international courts and tribunals, including the ICJ and proposes an institutional solution that preserves the Charter framework while enhancing procedural access to justice. Through doctrinal analysis of the UN Charter, relevant jurisprudence, and institutional practice, the article demonstrates that repurposing the Trusteeship Council could bridge the divide between the formal recognition of rights and their effective real-world enforcement. Ultimately, this article proposes a pragmatic reform that strengthens the inclusiveness of international law without requiring radical institutional overhaul.
Institution: Atatürk University
Language: Turkish
Open Access status: bronze
OpenAlex ID: W7221508871
FWCI:
Cites: 57
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Related to: 10