ABSTRACT
This chapter traces the source of the principle of a fiduciary relation from the private law institution of trust, and examines its development and elaboration as a rule of customary international law through the framework of the League of Nations Mandate System and the successor United Nations Trusteeship System, and then relate it to the problem of indigenous spoliation. The obligation arising from fiduciary relations has been described as one of the most elusive concepts in Anglo-American law. The modern civil law is the product of three early legal systems: the law of the Roman Empire; the folk laws of Germanic creation; and the canon law. Islamic law, like most Western legal systems, recognizes trust and fiduciary obligation in various situations. The Quran commands that one must fulfil ones contract and especially to return a trust or deposit to its owner. The principle of an international fiduciary duty can be traced to the League of Nations mandate system.
