Absolute Immunity

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Contents

Absolute Immunity

The Court Cannot Exercise Jurisdiction Over the United Nations if Absolute Immunity Applies, Regardless of Whether Other Fora Are Available in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): Finally, even assuming arguendo that Plaintiff is correct that recognizing the UN's absolute immunity would leave Plaintiff with no forum to resolve his claim, the UN's immunity still precludes the Court from exercising jurisdiction over the UN, contrary to Plaintiff's argument. The UN's immunity under Section 2 of the General Convention is not contingent upon the UN's making provision for an appropriate mode of settlement pursuant to Section 29. … Plaintiff has identified no United States case law in support of his position, thus leaving undisturbed the uniform body of this country's law enforcing the UN's absolute immunity.

Indeed, the Second Circuit in Brzak rejected a contention similar to Plaintiff's here: “Although the plaintiffs argue that purported inadequacies with the United Nations' internal dispute resolution mechanism indicate a waiver of immunity, crediting this argument would read the word 'expressly' out of the [General Convention].” Brzak, 597 F.3d at 112. This observation applies with equal force here. Indeed, there is no basis to conclude that invoking the international law principle of pacta sunt servanda could ever enable a party to overcome the UN's treaty-based immunities, which themselves are entitled to be followed under the very same international law principle, merely based on allegations that the United Nations has breached a contract or violated a policy of submitting disputes to arbitration. Such an exception would swallow the applicable immunities and risk repeatedly embroiling the United Nations in litigation, thereby defeating the precise intent of the relevant treaty provisions. Accordingly, Plaintiff has provided no basis to disregard the UN's absolute immunity.

The Ioia Did Not and Cannot Create an Exemption to the Un's Absolute Immunity Granted Under the United Nations Charter and General Convention in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): Plaintiff is incorrect to contend that the International Organizations Immunity Act(“IOIA”), 22 U.S.C. § 288 et seq., limits the immunities afforded the United Nations in the General Convention to those enjoyed by foreign governments under the Foreign Sovereign Immunity Act(“FSIA”), 28 U.S.C. §§ 1330, 1602 et seq. It is an open question in the Second Circuit whether, in any circumstances, the IOIA incorporates FSIA's exception to sovereign immunity for international organizations' commercial activities or whether it incorporates the absolute immunity that foreign governments enjoyed at the time of the IOIA's enactment. See Brzak [v. United Nations], 597 F.3d [107, 112 (2d Cir. 2010)].

This question does not matter here, however, because the United Nations Charter and General Convention make the United Nations absolutely immune, and the Second Circuit in a controlling decision has held that those provisions preclude a challenge to the UN's immunity based on the IOIA. See id. As the Second Circuit recognized: “[W]hatever immunities are possessed by other international organizations [subject to the IOIA], the [General Convention] unequivocally grants the United Nations absolute immunity without exception.” Id. Thus, Plaintiff's invocation of the IOIA here is unavailing.

the UN Enjoys Absolute Immunity

In relation to the international law practice and the UN Enjoys Absolute Immunity in this world legal Encyclopedia, please see the following section:

Privileges, Immunities

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International Organizations

Under this topic, in the Encyclopedia, find out information on Immunity of the United Nations

The IOIA did not and cannot Create an Exemption to the Un's Absolute Immunity Granted under the UN Charter and Convention

In relation to the international law practice and the Ioia Did Not and Cannot Create an Exemption to the Un's Absolute Immunity Granted Under the UN Charter and Convention in this world legal Encyclopedia, please see the following section:

Privileges, Immunities

About this subject:

International Organizations

Under this topic, in the Encyclopedia, find out information on Immunity of the United Nations

the Court Cannot Exercise Jurisdiction Over the UN if Absolute Immunity Applies, Regardless of Whether Other Fora Are Available

In relation to the international law practice and the Court Cannot Exercise Jurisdiction Over the UN if Absolute Immunity Applies, Regardless of Whether Other Fora Are Available in this world legal Encyclopedia, please see the following section:

Privileges, Immunities

About this subject:

International Organizations

Under this topic, in the Encyclopedia, find out information on Immunity of the United Nations

Resources

See Also

  • Privileges
  • Immunities
  • International Organizations
  • United Nations
  • Jurisdiction

Resources

See Also

  • Privileges
  • Immunities
  • International Organizations
  • United Nations

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  103. Government Immunity Resources See Also Governmental immunity...
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  111. Ahmed V. Magan Ahmed v Magan in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): On March 15, 2011, the United States submitted a statement of interest in a case in the U.S. District Court for the Southern District of Ohio. Ahmed [...]...
  112. Arbitral Award Confirmation Exception For Suits to Confirm an Arbitral Award in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): Section 1605(a)(6) of the FSIA authorizes a suit to be brought "to confirm an award made pursuant to … [...]...
  113. Assets of Foreign Central Banks Assets of Foreign Central Banks in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): On July 5, 2011, the U.S. Court of Appeals for the Second Circuit decided the case, NML Capital Ltd. v. Republic of Argentina, 652 [...]...
  114. Avelar Avelar in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): See the discussion in section A.3.b(2) supra, for background on this case in which the United States filed a statement of interest. The section of the [...]...
  115. Extension of Immunities Extension of Immunities in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): On March 8, 2011, President Obama issued Executive Order 13568, reprinted below, extending immunities to the Office of the High [...]...
  116. American Indian Law Review The American Indian Law Review serves as a nationwide scholarly forum for the presentation and analysis of developments in the law concerning indigenous people and Indian affairs. Adhering to the traditional law review format, the American Indian Law Review offers [...]...
  117. Foreign Sovereign Immunities Act Summary of Foreign Sovereign Immunities Act An act of Congress passed in 1976 and having effect from January 19, 1977, clarifying the circumstances under which foreign states, their political subdivisions, and state-owned corporations may lose sovereign immunity and become subject to the [...]...
  118. Age Introduction to Age A perpetrator's youth has long been a defense to criminal charges because children are deemed incapable of making rational decisions for which they should be held accountable. Under the common law, a child under 7 years of age is deemed too young to be criminally [...]...
  119. Arms Control Functions of the UN: Maintenance of International Peace and Security Arms Control Introduction to Arms Control The UN charter authorizes the Security Council to plan for worldwide disarmament and arms control. To help achieve those goals, the UN has sponsored arms control negotiations in [...]...
  120. Security Council Introduction to Security Council United Nations Security Council, one of the six principal organs of the United Nations (UN). Under the United Nations Charter, the Security Council is primarily responsible for maintaining international peace and security. Under Chapter VII of the charter, the [...]...

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