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7 Immunity, 7.1 Manderlier v Organisation des Nations Unies and Etat Belge (Ministre des Affaires Etrangères), Tribunal Civil de Bruxelles, 11 May 1966, Journal des Tribunaux, 10 December 1966, No. 4553, 121

Pierre Schmitt

From: Judicial Decisions on the Law of International Organizations

Edited By: Cedric Ryngaert, Ige F Dekker, Ramses A Wessel, Jan Wouters

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 January 2023

Immunity from jurisdiction — Membership of international organizations — International organizations, practice and procedure — Responsibility of international organizations — Judgments

This 1966 case constitutes one of the first cases in which UN immunity from jurisdiction was challenged. Apart from the question whether the UN had legal personality under domestic law, all other arguments raised by the plaintiff in this case—seeking to restrict UN immunity from jurisdiction—are still debated nowadays before domestic jurisdictions. The Brussels Civil Tribunal notably examined whether the UN’s immunity was conditional upon the latter’s respect of art. VIII, Section 29 of the Convention on Privileges and Immunities of the United Nations, whether the immunity could be rejected in favour of a human rights argument based on the right of access to justice, and whether it could only be invoked in relation to actions or situations that were necessary for the UN to achieve its goals. Finally, it assessed the existence of a waiver in this particular case.

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