
Contents
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A. Introduction A. Introduction
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B. Testing the hypotheses B. Testing the hypotheses
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C. Subsidiary organs and UN officials C. Subsidiary organs and UN officials
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D. A cross-section of national cases involving the UN D. A cross-section of national cases involving the UN
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E. UN legal personality before national courts E. UN legal personality before national courts
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F. UN immunity before national courts F. UN immunity before national courts
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1. Immunity based on international legal instruments 1. Immunity based on international legal instruments
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2. Immunity based on national law 2. Immunity based on national law
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3. Immunity, subsidiary organs, and UN officials 3. Immunity, subsidiary organs, and UN officials
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4. Immunity in peacekeeping cases 4. Immunity in peacekeeping cases
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5. Express waiver 5. Express waiver
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6. Immunity and the right of access to a court 6. Immunity and the right of access to a court
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G. National courts: an appropriate avenue of settling disputes with the UN? G. National courts: an appropriate avenue of settling disputes with the UN?
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1. Position of national jurisdictions 1. Position of national jurisdictions
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2. Position of the United Nations 2. Position of the United Nations
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H. Alternative mechanisms to challenge UN acts H. Alternative mechanisms to challenge UN acts
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1. Article VIII, section 29 of the General Convention 1. Article VIII, section 29 of the General Convention
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2. Indirect ways to challenge UN acts 2. Indirect ways to challenge UN acts
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I. Concluding remarks I. Concluding remarks
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4 Challenging Acts of Other United Nations’ Organs, Subsidiary Organs, and Officials
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Published:September 2010
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Abstract
This chapter analyses the extent to which UN acts, other than UN Security Council sanctions, have been challenged and scrutinized by national courts. Particular emphasis is put on peacekeeping operations and employment disputes. A cross-section of national cases involving the UN sets the framework in which overcoming the ‘immunity obstacle’ appears to be the most difficult challenge. One of the most noteworthy instances in which a national court was asked to adjudicate on the appropriateness of the settlement of disputes involving the UN was the Manderlier case in which the Belgian Court ruled that it had no competence. More recent case law does not point into another direction, although in a number of cases involving other international organizations than the UN, national courts refused to grant immunity in favour of the right of access to court.
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