International Law Outline

Reparation for Injuries Suffered in the Service of the United Nations – ICJ – 1949 (181-83)

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Reparation for Injuries Suffered in the Service of the United Nations – ICJ – 1949 (181-83)

  1. UN exercises functions and rights which can only be explained if have international personality

    1. Thus, it is an international person. NOT the same as a state, thus, not the same legal personality/rights/duties as state. Instead, subject of int’l law and CAPABLE of possession int’l rights and duties.

  2. Can bring claim for damage to ITSELF

  3. Can bring claim for damage to HEIRS – agents of the organization need to feel that they have protection of ORG, and not rely on protection by own state – might compromise independence/might vary depending on how weak or strong the agent’s state is

  4. Functional opinion – leaves open possibility of other actors beyond IGOs, leaves open evolving path of IGOs also

  • How does UN handle domestic situations?

    1. 1948-abolition in 1990s – governmental policy of racial separation and discrimination

      1. UNUSUAL because enshrined in CONSTITUTION

    2. SA – member of UN. Resource rich – significant economic ties with other states. Allied with West during Cold War

    3. UN campaign to end apartheid

      1. What does UN do about fact that Charter does not resolve conflict between:

        1. Obligation to protect and promote human rights AND

        2. Obligation not to interfere in domestic affairs (article 2, sec. 7)

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