A League of Nations mandate was a legal status for certain territories transferred from the control of one country to another following

World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...

, or the legal instruments that contained the internationally agreed-upon terms for administering the territory on behalf of the

League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...

. These were of the nature of both a treaty and a constitution, which contained minority rights clauses that provided for the rights of petition and adjudication by the

Permanent Court of International Justice The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several cent ...

. The mandate system was established under Article 22 of the

Covenant of the League of Nations The Covenant of the League of Nations was the charter of the League of Nations. It was signed on 28 June 1919 as Part I of the Treaty of Versailles, and became effective together with the rest of the Treaty on 10 January 1920. Creation Early d ...

, entered into force on 28 June 1919. With the dissolution of the League of Nations after

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...

, it was stipulated at the

Yalta Conference The Yalta Conference (codenamed Argonaut), also known as the Crimea Conference, held 4–11 February 1945, was the World War II meeting of the heads of government of the United States, the United Kingdom, and the Soviet Union to discuss the post ...

that the remaining Mandates should be placed under the trusteeship of the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...

, subject to future discussions and formal agreements. Most of the remaining mandates of the League of Nations (with the exception of South-West Africa) thus eventually became

United Nations Trust Territories United Nations trust territories were the successors of the remaining League of Nations mandates and came into being when the League of Nations ceased to exist in 1946. All of the trust territories were administered through the United Nati ...

. Two governing principles formed the core of the Mandate System, being non-annexation of the territory and its administration as a "sacred trust of civilisation" to develop the territory for the benefit of its native people. According to historian Susan Pedersen, colonial administration in the mandates did not differ substantially from colonial administration elsewhere. Even though the Covenant of the League committed the great powers to govern the mandates differently, the main difference appeared to be that the colonial powers spoke differently about the mandates than their other colonial possessions.

Basis

The mandate system was established by Article 22 of the

, drafted by the victors of

. The article referred to territories which after the war were no longer ruled by their previous sovereign, but their peoples were not considered "able to stand by themselves under the strenuous conditions of the modern world". The article called for such people's tutelage to be "entrusted to advanced nations who by reason of their resources, their experience or their geographical position can best undertake this responsibility". U.S. President

Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of ...

and South African General

Jan Smuts Field Marshal Jan Christian Smuts, (24 May 1870 11 September 1950) was a South African statesman, military leader and philosopher. In addition to holding various military and cabinet posts, he served as prime minister of the Union of South Af ...

played influential roles in pushing for the establishment of a mandates system. The mandates system reflected a compromise between Smuts (who wanted colonial powers to annex the territories) and Wilson (who wanted trusteeship over the territories).

Generalities

All of the territories subject to League of Nations mandates were previously controlled by states defeated in World War I, principally

Imperial Germany The German Empire (), Herbert Tuttle wrote in September 1881 that the term "Reich" does not literally connote an empire as has been commonly assumed by English-speaking people. The term literally denotes an empire – particularly a hereditar ...

and the

Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...

. The mandates were fundamentally different from the

protectorate A protectorate, in the context of international relations, is a state that is under protection by another state for defence against aggression and other violations of law. It is a dependent territory that enjoys autonomy over most of its int ...

s in that the Mandatory power undertook obligations to the inhabitants of the territory and to the League of Nations. The process of establishing the mandates consisted of two phases: #The formal removal of

sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...

of the state previously controlling the territory. #The transfer of mandatory powers to individual states among the Allied Powers.

Treaties

The divestiture of Germany's overseas

colonies In modern parlance, a colony is a territory subject to a form of foreign rule. Though dominated by the foreign colonizers, colonies remain separate from the administration of the original country of the colonizers, the '' metropolitan state'' ...

, along with three territories disentangled from its European homeland area (the Free City of Danzig,

Memel Territory Memel, a name derived from the Couronian-Latvian ''memelis, mimelis, mēms'' for "mute, silent", may refer to: *Memel, East Prussia, Germany, now Klaipėda, Lithuania **Memelburg, ( Klaipėda Castle), the ''Ordensburg'' in Memel, a castle built in ...

, and Saar), was accomplished in the

Treaty of Versailles The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June ...

(1919), with the territories being allotted among the Allies on 7 May of that year. Ottoman territorial claims were first addressed in the

Treaty of Sèvres The Treaty of Sèvres (french: Traité de Sèvres) was a 1920 treaty signed between the Allies of World War I and the Ottoman Empire. The treaty ceded large parts of Ottoman territory to France, the United Kingdom, Greece and Italy, as well ...

(1920) and finalised in the Treaty of Lausanne (1923). The Turkish territories were allotted among the Allied Powers at the

San Remo conference The San Remo conference was an international meeting of the post-World War I Allied Supreme Council as an outgrowth of the Paris Peace Conference, held at Villa Devachan in Sanremo, Italy, from 19 to 26 April 1920. The San Remo Resolution pas ...

in 1920.

Types of mandates

Article 22 of Covenant of the League of Nations, highlighting the three mandate classes

The League of Nations decided the exact level of control by the Mandatory power over each mandate on an individual basis. However, in every case the Mandatory power was forbidden to construct fortifications or raise an army within the territory of the mandate, and was required to present an annual report on the territory to the

Permanent Mandates Commission The Permanent Mandates Commission (PMC) was the commission of the League of Nations responsible for oversight of mandated territories. The commission was established on 1 December 1920 and was headquartered at Geneva. The existence of the Commis ...

of the League of Nations. The mandates were divided into three distinct groups based upon the level of development each population had achieved at that time. The first group, or ''Class A mandates'', were territories formerly controlled by the

that were deemed to "... have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. The wishes of these communities must be a principal consideration in the selection of the Mandatory." The second group of mandates, or ''Class B mandates'', were all former German colonies in

West West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some ...

and

Central Africa Central Africa is a subregion of the African continent comprising various countries according to different definitions. Angola, Burundi, the Central African Republic, Chad, the Democratic Republic of the Congo, the Republic of the Congo ...

, referred to by Germany as (protectorates or territories), which were deemed to require a greater level of control by the mandatory power: "...the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion." The mandatory power was forbidden to construct military or naval bases within the mandates. The ''Class C mandates'', including South West Africa and certain of the South Pacific Islands, were considered to be "best administered under the laws of the Mandatory as integral portions of its territory"

List of mandates

Column header abbreviations: C = Class, sov. = sovereignty

Rules of establishment

According to the Council of the League of Nations, meeting of August 1920: "draft mandates adopted by the Allied and Associated Powers would not be definitive until they had been considered and approved by the League ... the legal title held by the mandatory Power must be a double one: one conferred by the Principal Powers and the other conferred by the League of Nations,"Quincy Wright, Mandates under the League of Nations, Univ.Chicago Press, 1930. Three steps were required to establish a Mandate under international law: (1) The Principal Allied and Associated Powers confer a mandate on one of their number or on a third power; (2) the principal powers officially notify the council of the League of Nations that a certain power has been appointed mandatory for such a certain defined territory; and (3) the council of the League of Nations takes official cognisance of the appointment of the mandatory power and informs the latter that it he councilconsiders it as invested with the mandate, and at the same time notifies it of the terms of the mandate, after ascertaining whether they are in conformance with the provisions of the covenant." The U.S. State Department ''Digest of International Law'' says that the terms of the Treaty of Lausanne provided for the application of the principles of state succession to the "A" Mandates. The

(1920) provisionally recognised the former Ottoman communities as independent nations. It also required Germany to recognise the disposition of the former Ottoman territories and to recognise the new states laid down within their boundaries. The terms of the Treaty of Lausanne (1923) required the newly created states that acquired the territory detached from the Ottoman Empire to pay annuities on the Ottoman public debt and to assume responsibility for the administration of concessions that had been granted by the Ottomans. The treaty also let the States acquire, without payment, all the property and possessions of the Ottoman Empire situated within their territory. The treaty provided that the League of Nations was responsible for establishing an arbitral court to resolve disputes that might arise and stipulated that its decisions were final. A disagreement regarding the legal status and the portion of the annuities to be paid by the "A" mandates was settled when an Arbitrator ruled that some of the mandates contained more than one State:

The difficulty arises here how one is to regard the Asiatic countries under the British and French mandates. Iraq is a Kingdom in regard to which Great Britain has undertaken responsibilities equivalent to those of a Mandatory Power. Under the British mandate, Palestine and Transjordan have each an entirely separate organization. We are, therefore, in the presence of three States sufficiently separate to be considered as distinct Parties. France has received a single mandate from the Council of the League of Nations, but in the countries subject to that mandate, one can distinguish two distinct States: Syria and the Lebanon, each State possessing its own constitution and a nationality clearly different from the other.See Marjorie M. Whiteman, Digest of International Law, vol. 1 (Washington, DC: U. S. Government Printing Office, 1963) pp. 650–652, 21 Apr. 2010

Later history

After the

was founded in 1945 and the League of Nations was disbanded, all but one of the mandated territories that remained under the control of the mandatory power became

United Nations trust territories United Nations trust territories were the successors of the remaining League of Nations mandates and came into being when the League of Nations ceased to exist in 1946. All of the trust territories were administered through the United Nati ...

, a roughly equivalent status. In each case, the colonial power that held the mandate on each territory became the administering power of the trusteeship, except that Japan, which had been defeated in

, lost its mandate over the South Pacific islands, which became a "strategic trust territory" known as the

Trust Territory of the Pacific Islands The Trust Territory of the Pacific Islands (TTPI) was a United Nations trust territory in Micronesia administered by the United States from 1947 to 1994. History Spain initially claimed the islands that later composed the territory of the Trus ...

under

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

administration. The sole exception to the transformation of the League of Nations mandates into UN trusteeships was that South Africa refused to place South-West Africa under trusteeship. Instead, South Africa proposed that it be allowed to annex South-West Africa, a proposal rejected by the

United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...

. The

International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...

held that South Africa continued to have international obligations under the mandate for South-West Africa. The territory finally attained

independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the statu ...

in 1990 as

Namibia Namibia (, ), officially the Republic of Namibia, is a country in Southern Africa. Its western border is the Atlantic Ocean. It shares land borders with Zambia and Angola to the north, Botswana to the east and South Africa to the south and ea ...

, after a long guerrilla war of independence against the

apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...

regime. Nearly all the former League of Nations mandates had become sovereign states by 1990, including all of the former United Nations Trust Territories with the exception of a few successor entities of the gradually dismembered Trust Territory of the Pacific Islands (formerly Japan's South Pacific Trust Mandate). These exceptions include the

Northern Mariana Islands The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonw ...

which is a commonwealth in

political union A political union is a type of political entity which is composed of, or created from, smaller polities, or the process which achieves this. These smaller polities are usually called federated states and federal territories in a federal govern ...

with the

with the status of unincorporated organised territory. The Northern Mariana Islands does elect its own

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

to serve as territorial

head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, ...

, but it remains a U.S. territory with its

head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...

being the

President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...

and

federal funds In the United States, federal funds are overnight borrowings between banks and other entities to maintain their bank reserves at the Federal Reserve. Banks keep reserves at Federal Reserve Banks to meet their reserve requirements and to clear ...

to the Commonwealth administered by the

Office of Insular Affairs The Office of Insular Affairs (OIA) is a unit of the United States Department of the Interior that oversees federal administration of several United States insular areas. It is the successor to the Bureau of Insular Affairs of the War Departme ...

of the

United States Department of the Interior The United States Department of the Interior (DOI) is one of the executive departments of the U.S. federal government headquartered at the Main Interior Building, located at 1849 C Street NW in Washington, D.C. It is responsible for the ma ...

. Remnant

Micronesia Micronesia (, ) is a subregion of Oceania, consisting of about 2,000 small islands in the western Pacific Ocean. It has a close shared cultural history with three other island regions: the Philippines to the west, Polynesia to the east, and ...

and the

Marshall Islands The Marshall Islands ( mh, Ṃajeḷ), officially the Republic of the Marshall Islands ( mh, Aolepān Aorōkin Ṃajeḷ),'' () is an independent island country and microstate near the Equator in the Pacific Ocean, slightly west of the Intern ...

, the heirs of the last territories of the Trust, attained final independence on 22 December 1990. (The UN Security Council ratified termination of trusteeship, effectively dissolving trusteeship status, on 10 July 1987.) The

Republic of Palau Palau,, officially the Republic of Palau and historically ''Belau'', ''Palaos'' or ''Pelew'', is an island country and microstate in the western Pacific. The nation has approximately 340 islands and connects the western chain of the Caro ...

, split off from the

Federated States of Micronesia The Federated States of Micronesia (; abbreviated FSM) is an island country in Oceania. It consists of four states from west to east, Yap, Chuuk, Pohnpei and Kosraethat are spread across the western Pacific. Together, the states comprise a ...

, became the last to effectively get its independence, on 1 October 1994.

Sources and references

* Anghie, Antony "Colonialism and the Birth of International Institutions: Sovereignty, Economy, and the Mandate System of the League of Nations" 34 (3) New York University Journal of International Law and Politics 513 (2002) * * Nele Matz
Civilization and the Mandate System under the League of Nations as Origin of Trusteeship
in: A. von Bogdandy and R. Wolfrum, (eds.), Max Planck Yearbook of United Nations Law, Volume 9, 2005, p. 47–95. * Pugh, Jeffrey,
Whose Brother's Keeper? International Trusteeship and the Search for Peace in the Palestinian Territories
, ''International Studies Perspectives'' 13, no. 4 (November 2012): 321–343. * Tamburini, Francesco "I mandati della Società delle Nazioni", in ''Africana, Rivista di Studi Extraeuropei'', n.XV – 2009, pp. 99–122. *

References

{{DEFAULTSORT:League Of Nations Mandate * 1946 disestablishments 20th century in Japan Decolonization French colonial empire Governance of the British Empire