No abstract
JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.. Council on Foreign Relations is collaborating with JSTOR to digitize, preserve and extend access to Foreign Affairs. SOUTH AFRICA'S external relations since World War II have developed on the basis of an interaction between external and internal factors. The external factors have included the heightened consciousness, particularly in the Western world (and reflected in the United Nations Charter), of human rights as an issue affecting international relations; the anticolo nial movement, particularly as expressed in the achievement of independence throughout Africa; and the cold war conflict between the Western and Communist powers. The inability of South Africa's internal political system to adapt adequately to these far-reaching changes in the postwar world caused a progressive deterioration in its external relations, resulting in increasing international isolation on a political level (though not economically). The intimate link in South Africa's case between external relations and internal domestic policies is obvious, but what is not always appreciated is the important role of external factors in a rapidlychanging world in bringing the internal racial situation into the international arena. The basic internal racial features of the country, including discrimination in policy and social custom, denial of polit ical rights to blacks, and economic exploitation, date back to colonial times. Even the political, economic and social discrimination em bodied in legislation (which provides the ground for the most seri ous criticism of the South African system) did not begin with the advent to power of the National Party government in 1948, although it has been greatly deepened since then. Rather, the basic internal political problems, as well as the moral issues involved, have existed since the South African Union was founded in 1910, but external fac tors have increasingly impinged in recent decades, affecting the atti tudes and policies of other countries toward South Africa, as well as the attitudes of blacks and whites within the country.
Public, as distinct from charitable, trusts were authoritatively recognised in 1827, when the House of Lords determined that the permanent basis of equitable jurisdiction protected ‘public money’ from unlawful application, on the same basis as charitable funds were protected. These trusts made the relevant public functionaries subject to equitable remedies, but the remedies were displaced from equitable practice by jurisdictional fusion and by administrative audit surcharges. In the twentieth century they survived unrecognised in the ambiguously phrased ‘local authority fiduciary duty to ratepayers’. Recently, public trusts have again been implicitly acknowledged, and the distinctive remedy of personal liability to make good loss arising from misapplication has been applied. However the right to litigate is confined to current fund‐holders in fulfilment of their protective trust duty and to the Attorney General in the general public interest in countering unlawful appropriations of public money.
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