Chapter

Challenging Acts of Other United Nations’ Organs, Subsidiary Organs, and Officials

Jan Wouters and Pierre Schmitt

in Challenging Acts of International Organizations Before National Courts

Published in print September 2010 | ISBN: 9780199595297
Published online January 2011 | e-ISBN: 9780191595752 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595297.003.0004
Challenging Acts of Other United Nations’ Organs, Subsidiary Organs, and Officials

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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.

Keywords: Manderlier case; UN peacekeeping missions; immunity; UN subsidiary organs

Chapter.  17242 words. 

Subjects: Constitutional and Administrative Law

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