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The mandate for Mesopotamia and the principle of trusteeship in English law, by Duncan Campbell Lee
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This book was originally published prior to 1923, and represents a reproduction of an important historical work, maintaining the same format as the original work. While some publishers have opted to apply OCR (optical character recognition) technology to the process, we believe this leads to sub-optimal results (frequent typographical errors, strange characters and confusing formatting) and does not adequately preserve the historical character of the original artifact. We believe this work is culturally important in its original archival form. While we strive to adequately clean and digitally enhance the original work, there are occasionally instances where imperfections such as blurred or missing pages, poor pictures or errant marks may have been introduced due to either the quality of the original work or the scanning process itself. Despite these occasional imperfections, we have brought it back into print as part of our ongoing global book preservation commitment, providing customers with access to the best possible historical reprints. We appreciate your understanding of these occasional imperfections, and sincerely hope you enjoy seeing the book in a format as close as possible to that intended by the original publisher.
- Published on: 2012-08-31
- Original language: English
- Dimensions: 10.00" h x .7" w x 7.50" l,
- Binding: Paperback
- 30 pages
Most helpful customer reviews
1 of 1 people found the following review helpful.
The "mandate" in the British Mandate for Palestine, is a trust.
By webrand
This book, "The Mandate for Mesopotamia and the Principle of Trusteeship in English Law" contains a lecture given by the author at London University in May, 1921 about a year after the meeting of the WWI Allies in San Remo in which they recognized the Jews historic association with Palestine by creating a mandate that put the political rights to Palestine in trust for the Jews. Their action made Palestine into a Jewish National Home in which Jews could stay as a matter of right while they built up their population. At the time, Jews in Palestine constituted only a small part of the population of the area. In establishing the British Balfour policy, Britain decided it would not be a good idea to place the Jews as immediate sovereigns of Palestine because they constituted only a minority of the population. Critics of the proposed Balfour Policy were claiming that to do so would establish a government that was "antidemocratic". In a memorandum of the British Foreign Office dated September 19, 1917, Arnold Toynbee explained that while in concept the Balfour policy of recognition of the Jews as the owners of the political rights to Palestine would be antidemocratic, in practice it would not be. That is because these rights were to be placed in trust until the Jews flourished in their National Home and brought in from the diaspora many more Jews so as ultimately to result in a Jewish majority population in Palestine. With these political rights in trust, the Jews would have only a beneficial interest in them. The trustee -- either England or the United States were contemplated ain 1917 -- would have legal dominion over the political rights and therefore could exercise the sovereignty over Palestine until such time as the Jews attained a majority and were otherwise ready to rule. Then the legal dominion over the rights would vest in the Jews. Until that time, the guardian would have legal dominion over them and could exercise a temporary sovereignty to the extent permitted by the trust document. The WWI Allies at San Remo expressly adopted the Balfour policy and it became International Law.
Typically, the word "mandate" brings to mind the concept of an "order" rather than a "trust". However the mandates were based on Article 22 of the League of Nations Covenant that shows the purpose for their creation as as legal instruments that were based on the British legal concepts of trusts and guardianships. The author specifically directed his comments to the Mandate for Mesopotamia, but his remarks are equally applicable to the other mandates established by the League of Nations including the British Mandate for Palestine. This lecture is available on line but I found it useful to buy it in a bound hard copy available from Amazon.
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