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ICJ Ruling on UN's Legal Status and Reparations

The document discusses two questions brought before the International Court of Justice (ICJ). The first question regarded whether the United Nations (UN) has a separate legal personality under international law. The ICJ answered affirmatively. The second question regarded whether the UN can seek reparations from a non-member state. The ICJ ruled that as a separate legal entity, the UN can seek reparations from non-member states.

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Himanshi Choudhary
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8 views1 page

ICJ Ruling on UN's Legal Status and Reparations

The document discusses two questions brought before the International Court of Justice (ICJ). The first question regarded whether the United Nations (UN) has a separate legal personality under international law. The ICJ answered affirmatively. The second question regarded whether the UN can seek reparations from a non-member state. The ICJ ruled that as a separate legal entity, the UN can seek reparations from non-member states.

Uploaded by

Himanshi Choudhary
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

DATE 29 MARCH-

So just see what the arguments that icj is forwarding first argument is UN has certain immunities and
privileges and that immunities or privileges are there in the 1946 convention.

We can separate the union wish from the wish of the constituent states so from these points ICJ
came into conclusion that UN is having separate legal personality and UN can seek reparation from
Israel.

Suppose if the state is not member to UN whether still even can seek reparation or not this is the
second question?- that was asked to icj

First question was is UN international legal person or not that ICJ answer affirmatively

The second question is whether UN can seek reparation from a non member status?

So the answer icj said that UN is a separate legal entity. legal UN personality doesn't depend upon its
constituent states so thats why as in separate legal entity UN can seek reparation from a non
membership.

Please remember in 1949 Israel in 1947 Israel versus non member of UN that is why this question
was asked because its Israel was a non member state.

So the question is whether UN can seek reparation from these well or not because there is not
available so answer of the icj is that as even is a separate legal entity in international law and the
wish of the existence of UN is separate from the existence of this constituents states so UN has right
to file a case against is well or to exert has all the right to file a case against.

Nuclear Weapon case

Why IO application was rejected?- because the treaty specifies the limits of an IO.

In the 2 criteria rights and duties and law making power so non state actors we have seen that they
have rights and duties so I have list in ground certain rights and duty non state actors in India
terrorist organization it may be a single society or it may be a corporation.

The weapon of mass destruction conventional region of mark description has said that non state
actors is also under the obligation of WMD.

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