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Commentary: The Advisory Opinion on the Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission of Human Rights: Who Has the Last Word on Judicial Independence?

Published online by Cambridge University Press:  03 March 2004

Abstract

A critical analysis, considering first, the legal competence and propriety of the Court in giving an opinion pursuant to the dispute settlement machinery of the Convention on the Privileges and Immunities of United Nations, whereby advisory jurisdiction over disputes of the UN is equated to contentious jurisdiction between consenting states; and second, the effect in municipal law of a state's obligation to respect the UN Secretary-General's certificate that a UN expert is entitled to immunity from legal process. The Court preserves resort to local courts but requires communication of the UN certificate and immunity to be dealt with expeditiously as a preliminary issue.

Type
HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Copyright
© 1999 Kluwer Law International

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