Chapter VIII. Decisions of National Tribunals

UNITED NATIONS
JURIDICAL YEARBOOK
Extract from:
Chapter VIII. Decisions of national tribunals
1996
Part Three. Judicial decisions on questions relating to the United Nations and related
intergovernmental organizations
Copyright (c) United Nations
Part Three. Judicial decisions
on
questions relating
to the
United
Nations
and
related intergovernmental organizations
CHAPTER
VII.
DECISIONS
AND
ADVISORY OPINIONS
OF
INTERNATIONAL
TRIBUNALS
CHAPTER
VIII.
DECISIONS
OF
NATIONAL
TRIBUNALS
UNITED
STATES
OF
AMERICAS
1.
United States District Court
for the
Southern District
of New
York.
(a)
Adbi Hosh Askir
(Plaintiff)
vs.
United Nations, Hon.
Boutros
Boutros-Ghali,
Joseph
E.
Connor, Brown
&
Root Services
Corp.
And
"Doe" Corporations (Defen-
dants). Judgement
No. 95
Civ.
11008
(JGK)
of 29
July
1996
502
Action
to
recover damages relating
to the
alleged unautho-
rized
and
unlawful
possession
of
plaintiff's property
-
Restrictive
or
obsolete immunity
-
Question
of
excep-
tion
to the
immunity
afforded
by the
Convention
on the
Privileges
and
Immunities
of the
United Nations
-Alle-
gations
of
malfeasance
do not
strip
the
United Nations
of
its
immunity
-
Issue
of
United Nations intervening
in
civil
wars
(b)
S.
Kadic,
on her own
behalf
an don
behalf
of her
infant
sons
Benjamin
and
Ognjen,
Internationalna
Iniciativa
Zena Bosne
I
Hercegovine
"Biser",
and
Zene Bosne
I
Hercegovine
(Plaintiff-Appellants)
vs.
Radovan
Karadzic (Defendant-Appelee). Jane
Doe I, on
behalf
of
herself
and all
others similarly situated;
and
Jane
Doe
II,
on
behalf
of
herself
and as
administratrix
of the es-
tate
of her
deceased mother,
and on
behalf
of all
others
similarly situated, Plaintiffs-Appellants, Judgements
Nos.
1541,
1544, Dockets
94-9035,
94-9069
508
Jurisdiction
of
domestic courts
in
cases
of
violation
of
inter-
national
law
-
Genocide
and
war
crimes
-
Definition
of
a
State
in
international
law -
Privileges
and
immunities
of the
United
Nations
xvi
2.
United States District Court
for
thé
Northern District
of
Cali-
fornia
Mark Steven
Corrinet,
(Plaintiff)
vs.
United Nations, Hon.
Boutros
Boutros,
Ghali,
Gillian Sorensen
and Ron
Ginns
(Defendants). Judgement
No.
C-95-0426
SAW. Memo-
randum
and
Order
of
10
September
1996
Complaint against
the
Defendants'
assertion
of
immunity
from
suite
and
failure
to
waive that immunity
-
Issue
of
"com-
mercial activity exception"
to
immunity claim
-
Ques-
tion
whether
the
Secretary-General
of the
United
Na-
tions
had a
mandatory duty
to
waive immunity
-
Ques-
tion whether Defendant Ginns
was
acting
in his
official
capacity when
he
allegedly defamed
the
Plaintiff
(a)
Background
530
(b*)
Discussion
531
Part Four. Bibliography
LEGAL
BIBLIOGRAPHY
OF THE
UNITED NATIONS
AND
RELATED INTERGOVERNMEN-
TAL
ORGANIZATIONS
A.
INTERNATIONAL ORGANIZATIONS
AND
INTERNATIONAL
LAW
IN
GENERAL
1.
General
538
2.
Particular questions
540
B.
UNITED NATIONS
1.
General
543
2.
Particular organs
543
General Assembly
543
International Court
of
Justice
543
xvn

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