Notes on Legal Questions Concerning the United Nations Reparation for Injuries suffered in the Service of the United Nations

Bibliographic Data

ID9548745
AuthorsYuen-li Liang (United Nations, corresponding author)
Year1949
Volume43
Issue3
Pages460-478
Publication date1949-07-01
Open AccessYes
TypeARTICLE
VenueAmerican Journal of International Law (JOURNAL)
Journal identifiersISSN: 0002-9300 • E-ISSN: 2161-7953
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.2307/2193639
OpenAlexW2316623204
LanguageEN
Citations received7

The International Court of Justice on April 11, 1949, gave its unanimous opinion that, in the event of an agent of the United Nations in the performance of his duties suffering injury in circumstances involving the responsibility of a Member (or a non-member) State, the United Nations as an organization has the capacity to bring an international claim against the responsible de jure or de facto government with a view to obtaining the reparation due in respect of the damage caused the United Nations. By a majority of eleven, with four judges dissenting, the Court also gave its opinion that the United Nations has the capacity to claim reparation due in respect of the damage caused to the victim or to persons entitled through him. The Court by ten votes to five gave its further opinion that when the United Nations as an organization is bringing a claim for reparation of damage caused to its agent, it can only do so by basing its claim upon a breach of obligations due to itself; and that respect for this rule will usually prevent a conflict between the action of the United Nations and such rights as the agent’s national state may possess, and thus bring about a reconciliation between their claims

De facto · Dissenting opinion · Economic Justice · Government (linguistics · International court · International law · Political science · Public international law · State (computer science · Global Peace and Security Dynamics · International Law and Human Rights · Law

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