The United Nations Sale Convention: Delimitation, Influences and Concurrent Application of Domestic Law

2010 ◽  
Author(s):  
Tamo Zwinge
Keyword(s):  
United Nations ◽  
The United Nations ◽  
Domestic Law

The protection of refugees in international law post September 11 2001

2003 ◽  
Vol 6 ◽  
pp. 389-408
Author(s):  
Geoff Gilbert
Keyword(s):  
United Nations ◽  
International Law ◽  
The United States ◽  
September 11 ◽  
Legal Obligations ◽  
The People ◽  
The Face ◽  
The United Nations ◽  
Post September 11 ◽  
Domestic Law

The protection of refugees in international law is always a complex mix of legal obligations and policy considerations. Unfortunately, the reaction against refugees post September 11 has ignored both the facts and the pre-existing law.This paper addresses how refugees have fared in international and domestic law post September 11 2001. Given that a refugee, by definition, has lost the protection of her/his state, there is no body, other than the United Nations High Commission for Refugees (UNHCR), which is able to respond in the face of unjustified restrictions on the rights accorded to this most vulnerable group.The first thing to note is that none of the people involved in the events of September 11 was a refugee. Equally, immediately after the events of September 11, approximately 100,000 Afghans fled Kabul fearing revenge attacks by the United States. At the same time, under pressure from Pakistan and Iran, the United Nations High Commission for Refugees facilitated the repatriation of 215,000 Afghan refugees.

Part 2 The United Nations: What it is, 9 Powers

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Entity ◽  
Legal Personality ◽  
Substantive Content ◽  
Domestic Jurisdiction ◽  
The United Nations ◽  
International Legal Personality ◽  
The Relationship ◽  
Domestic Law

This chapter examines the powers or competences of the United Nations as a separate legal entity. Its possession of legal personality, its specialized agencies, and some of the separate legal entities in the UN family are concepts that are related but distinct from the powers of these bodies. The possession of international legal personality means that these bodies have their own rights and duties, and powers vested in them in their own right. However, the possession of legal personality does not define the particular powers of the organization, nor does it mean that they have plenary competence under international law or in municipal legal systems. The chapter discusses the relationship to legal personality; nature and scope; purposes and principles of the organization; division of competence between principal organs and subsidiary organs; domestic jurisdiction limitation of Article 2(7); substantive content of powers internationally and in domestic law; consequences of ultra vires acts.

Part I The International Law of Tainted Money, 2 International Legal Sources I—the United Nations Conventions

2017 ◽  
Author(s):  
Png Cheong-Ann
Keyword(s):  
United Nations ◽  
International Law ◽  
Task Force ◽  
Organised Crime ◽  
International Regulation ◽  
Un Security Council ◽  
Proceeds Of Crime ◽  
Financial Action Task ◽  
The United Nations ◽  
Domestic Law

This chapter looks at the origins of the international regulation of tainted money. This has its origins in laws concerning drugs, in particular the illicit production and trafficking of drugs and the connection of that trade to organised crime. More recently, terrorism, whether financed from the proceeds of crime or tainted money or with legitimate funds, has come under the rubric of the international regulation of tainted money as well. The chapter describes how the principal international initiatives in the development of international law and standards in these areas have been at the levels of the United Nations (UN) and the Financial Action Task Force (FATF). The UN conventions and UN Security Council resolutions as well as the FATF Recommendations, the chapter concludes, should be kept in view when considering proceeds of crime and tainted money. This chapter provides a framework for understanding these instruments, including their implications for domestic law and practice.

Part 2 The United Nations: What it is, 11 The Legal Personality of the United Nations

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Law ◽  
International System ◽  
International Organization ◽  
Legal Authority ◽  
Legal Personality ◽  
Municipal Law ◽  
The United Nations ◽  
Domestic Law

The United Nations (UN) was created by its founding member states when they adopted the UN Charter. Therefore, the legal authority for its existence, status, and possession of legal personality is derived from the role of states as lawmakers in the international system. This chapter discusses the meaning of legal personality and basis for its possession by the UN; status as an international organization; basis for legal personality; consequences of legal personality; position in international law; position in domestic law; what is covered by the legal personality; and the independent competence of subsidiary organs to rely on the UN’s legal personality in international law and such personality granted in municipal law.

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

2016 ◽  
Author(s):  
Schmitt Pierre
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Access To Justice ◽  
Legal Personality ◽  
The United Nations ◽  
The Right ◽  
Right Of Access ◽  
Domestic Law

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.

scholarly journals The United Nations Convention on Contracts for the International Sale of Goods: The Canadian Experience

2005 ◽  
Vol 36 (4) ◽  
pp. 847
Author(s):  
Rajeev Sharma
Keyword(s):  
United Nations ◽  
Potential Application ◽  
Canadian Experience ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Domestic Law ◽  
International Sales

The author discusses the Canadian jurisprudence involving the application, or potential application, of the CISG.  He concludes that the Canadian courts are beginning to implement the CISG, but that there is still a tendency to apply domestic law alongside, or even in preference to, the international sales law, even when this is not warranted.

7 Immunity, 7.2 Abdi Hosh Askir v Boutros Boutros-Ghali, Joseph E. Connor et al ., US District Court SDNY, 29 July 1996, 933 F. Suppl. 368 (SDNY 1996)

2016 ◽  
Author(s):  
Ruys Tom
Keyword(s):  
United Nations ◽  
International Law ◽  
District Court ◽  
Legal Process ◽  
Commercial Activity ◽  
Peacekeeping Operations ◽  
National Courts ◽  
Form Part ◽  
The United Nations ◽  
Domestic Law

The present case affirms the immunity from legal process of the United Nations and UN personnel acting in their official capacity in procedures before national courts (regardless of allegations of malfeasance). Although the Court refrains from explicitly pronouncing on the consequences of possible discrepancies between immunities granted under domestic law and international law, it acknowledges that the 1946 General Convention on the Privileges and Immunities of the United Nations provides immunity from ‘every form of legal process’, the only exception being express waiver by the United Nations itself. In the margin, it sheds light on the scope of the doctrine of ‘restrictive immunity’, by holding that acts that form part and parcel of military and humanitarian peacekeeping operations (including the occupation of property to house troops etc.) involve the exercise of governmental functions rather than private commercial activity and thus benefit from immunity.

8. International Organizations

2018 ◽  
Author(s):  
Dapo Akande
Keyword(s):  
Decision Making ◽  
United Nations ◽  
International Organizations ◽  
Legal Framework ◽  
International Organization ◽  
Legal Personality ◽  
Legal Principles ◽  
Treaty Interpretation ◽  
The United Nations ◽  
Domestic Law

This chapter examines the legal framework governing international organizations. It begins with an examination of the history, role, and nature of international organizations. It is argued that although the constituent instruments and practices of each organization differ, there are common legal principles which apply to international organizations. The chapter focuses on the identification and exploration of those common legal principles. There is an examination of the manner in which international organizations acquire legal personality in international and domestic law and the consequences of that legal personality. There is also discussion of the manner in which treaties establishing international organizations are interpreted and how this differs from ordinary treaty interpretation. The legal and decision-making competences of international organizations are considered as are the responsibility of international organizations and their privileges and immunities. Finally, the chapter examines the structure and powers of what is the leading international organization—the United Nations (UN).

scholarly journals Incorporation of the United Nations Convention on the Rights of the Child in Law: A Comparative Review

2013 ◽  
Vol 21 (3) ◽  
pp. 442-463 ◽  
Author(s):  
Laura Lundy ◽  
Ursula Kilkelly ◽  
Bronagh Byrne
Keyword(s):  
United Nations ◽  
Legal Status ◽  
Children's Rights ◽  
Rights Of The Child ◽  
Legal Obligations ◽  
Comparative Review ◽  
United Nations Convention ◽  
The United Nations ◽  
Domestic Law ◽  
Direct Incorporation

Incorporation in law is recognised as key to the implementation of the UNCRC. This article considers the ways in which a variety of countries have chosen to incorporate the CRC, drawing on a study conducted by the authors for UNICEF-UK. It categorises the different approaches adopted into examples of direct incorporation (where the CRC forms part of domestic law) and indirect incorporation (where there are legal obligations which encourage its incorporation); and full incorporation (where the CRC has been wholly incorporated in law) and partial incorporation (where elements of the CRC have been incorporated). Drawing on evidence and interviews conducted during field visits in six of the countries studied, it concludes that children’s rights are better protected – at least in law if not also in practice – in countries that have given legal status to the CRC in a systematic way and have followed this up by establishing the necessary systems to support, monitor and enforce the implementation of CRC rights.

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