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Sovereign immunity and international organization: The case of DeLuca v. the United Nations
Authors:Joseph A. Bongiorno
Abstract:
Conclusion DeLuca v. the United Nations has brought many unanswered questions to the American and international public regarding the immunity of the United Nations and the consequences such a policy has had on that organization over the last fifty years. By diplomatic tradition, immunity has been very important to the United Nations in maintaining its freedom of action, as called for in Articles 104 and 105 of the United Nations Charter. Through immunity, the United Nations has escaped the fate of the former League of Nations and has become an organization which has contributed tremendously to the solving of the world's many political, economic and social problems.Yet, immunity has also ldquocloakedrdquo and protected the United Nations from its own internal administrative weaknesses and abuses. Accountability has become harder to obtain from the UN bureaucracy due to this immunity. Simultaneously, for the American legal system, immunity has become somewhat analogous to the previous difficulties of ldquopiercing the corporate veil,rdquo namely attempting to redress the wrongs by preserving the legal rights of individuals through the effective use of the judicial system.Should the world continue to grant immunity to actions which can be classified as lsquosuspectrsquo or being with ldquoimproper motiverdquo or ldquobad faithrdquo by the United Nations or any other international organization? Will the United Nations ultimately be ldquoabove the lawrdquo? Only future actions by the UN General Assembly, national legislatures such as the United States Congress or cases likeDeLuca v. the United Nations will determine the final answer.
Keywords:
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