ABSTRACT
This chapter examines some historical examples of rudimentary shared sovereignty in the legal sphere. It explores the ways in which state disruption can undermine or destroy the bases for cooperation amongst political actors, and shows why this is an obstacle to the reconstitution of political authority. Shared sovereignty can, however, arise when an occupation has come to a peaceful conclusion, but territories remain linked in a formal sense to the former occupier. The chapter distinguishes the shared sovereignty model from a range of other ways in which Westphalian sovereignty can be compromised. Trusteeship differs from shared sovereignty in that trust territories were avowedly not sovereign; their subordinate status was inherent in the very nature of trusteeship. The chapter explores that shared sovereignty is distinct from colonial occupation, trusteeship under the UN Charter, short-term occupation pursuant to a Security Council enabling resolution with a UN Assistance mission.
