M v. United Nations And Belgium (minister For Foreign Affairs)

Abstract

International law in general — Relation to municipal law — Universal Declaration of Human Rights, 1948 — Whether creating individual rights under municipal law — The law of BelgiumStates as international persons — Sovereignty and independence — Conduct of foreign relations — Allegation of failure by State to pursue claim of national against United Nations — Whether municipal courts have power to examine the diplomatic action of the Executive — The law of BelgiumThe individual in international law — Position of individuals in international law — Claim by individual against the United Nations — Right to hearing by independent and impartial tribunal Universal Declaration of Human Rights, 1948, Article 10 — European Convention on Human Rights, 1950, Article 6 — Whether right enforceable against the United Nations — Legal effect of the Universal Declaration — Plea of jurisdictional immunity by the UN — Convention on the Privileges and Immunities of the UN, 1946, Sections 2 and 29 — Whether entitlement of UN to immunity conditional upon creation of tribunals for settlement of private law disputes to which the UN is a party — The law of BelgiumTreaties — Conclusion and operation — Ratification — Function of municipal legislature in giving effect to treaty — Whether able to modify or interpret treaty — The law of BelgiumInternational organization and administration — The United Nations — Legal Nature of — Extent of entitlement to jurisdictional immunity — Convention on the Privileges and Immunities of the UN, 1946, Section 2 — UN Charter, 1945, Article 105 — Whether immunity enjoyed by UN limited to what is necessary for fulfilment of its purposes — Article 29 of the Convention — Obligation to provide for settlement of private law disputes to which UN is a party — Whether entitlement to immunity conditional upon creation of tribunals for settlement of such disputes — Universal Declaration of Human Rights, 1948 — Whether creates enforceable rights for individuals in municipal courts — The law of BelgiumJurisdiction — In general — Territorial — Exemptions from and restrictions upon — International organizations — United Nations — Alleged wrongful acts by United Nations Forces in the Congo — Claim for damages brought by private individual — Whether United Nations entitled to jurisdictional immunity — Convention on Privileges and Immunities of the United Nations, 1946, Section 2 — Extent of immunity — United Nations Charter, Article 105 — Whether immunity enjoyed by United Nations limited to what is necessary for fulfilment of its purposes — Section 29 of the Convention — Obligation to provide for settlement of private law disputes to which the United Nations is a party — Whether entitlement to immunity conditional upon creation of tribunals for settlement of such disputes — Universal Declaration of Human Rights, 1948, Article 10 — European Convention, on Human Rights, 1950, Article 6 — Right to hearing by independent and impartial tribunal — Whether a right enforceable against United Nations — Right of diplomatic protection — Whether enforceable against State of nationality — The law of Belgium