The Reparation for Injuries Case Revisited A Testament to Functionality

Abstract

The advisory opinion given by the International Court of Justice (the Court) on the Reparation for Injuries suffered in the Service of the United Nations (the Reparation case) is regarded as a milestone in international law for the development of international legal personality and capacity of international organizations. Additionally, it is illustrative of a shift of the Westphalian idea of states to an era where international organizations (and other entities) play a distinct role in international law. A brief analysis of selected elements in the reasoning of the Court will firstly demonstrate that the subject of international legal personality of international organizations remains obscure. Secondly, the translation of legal personality into capacity to act on the international legal plane is of a fluid nature. Finally, the Court recognizes the adaptation of international law to the needs of the international community through opening up the spectrum of actors, testament to a changing legal order focused on functionality in practice.