Part II Practice—Scholarly and Practitioner Accounts of UN Treaty-Making, D International Law, Ch.26 Privileges and Immunities of the United Nations and Specialized Agencies »
Davinia Aziz, Alison SeeFrom: The Oxford Handbook of United Nations Treaties
Simon Chesterman, David M. Malone, Santiago Villalpando
This chapter considers the United Nations’ contribution to the law on privileges and immunities of international organizations through its earliest forays into multilateral treaty-making. The chapter focuses on the origins of the 1946 Convention on the Privileges and Immunities of the United Nations and the 1947 Convention on the Privileges and Immunities of the Specialized Agencies; their conceptual innovations, including the key shift from diplomatic to functional immunity; and the driving considerations underlying their treaty design. The chapter also explores the key features of the treaty-making process of both Conventions, the key substantive and structural aspects of both Conventions, and how the Conventions have been applied in practice, including through implementing decisions, and national and institutional positions, as well as headquarters and other bilateral agreements. The chapter concludes by assessing the Conventions’ legacy for multilateral treaty-making, and for the broader law of international organizations.