Brzak and Another v. United Nations and Others. (2016)

• Record Type: Journal Article
• Editors: Lauterpacht, Elihu; Greenwood, Christopher; Lee, Karen
• Is Part Of: International law reports. Volume 162(2016)
• Page Start: 765
• Page End: 774
• Publication Date: 2016
• Subjects: Relationship of international law and municipal law -- Treaties -- International organizations -- Diplomatic relations; United States of America; International law -- Cases -- Periodicals; Treaties -- Periodicals; 341.0268
• DOI: 10.1017/CBO9781107416116.009
• Languages: English
• ISSNs: 0309-0671

Abstract

Abstract : 765 Relationship of international law and municipal law — Treaties — Convention on Privileges and Immunities of the United Nations, 1946 — Convention binding on United States as matter of international law — Whether binding in domestic litigation — Whether Convention self-executing — Whether requiring implementing legislation before enforceable in United States courts — Vienna Convention on Diplomatic Relations, 1961 in force with respect to United States — Diplomatic Relations Act 1978 requiring domestic courts to dismiss suit against anyone entitled to immunity under Vienna Convention on Diplomatic Relations, 1961 or other laws extending to diplomatic privileges and immunities — Convention on Privileges and Immunities of the United Nations, 1946 — Whether individual defendants entitled to immunity — Constitutional objections to immunity of United Nations and its former officials Treaties — Effect — Interpretation — Convention on Privileges and Immunities of the United Nations, 1946 — Whether self-executing — Relevant criteria — Text — Negotiation and drafting history — Post-ratification understanding of signatory nations — Executive Branch's interpretation — Whether implementing legislation necessary International organizations — United Nations — Immunity — Nature of immunity — Absolute immunity — Whether United Nations expressly waiving immunity — International Organizations Immunities Act 1945 — Designated international organizations enjoying same immunity from suit as foreign governments — Whether United Nations designated organization Diplomatic relations — Convention on Privileges and Immunities of the United Nations, 1946, Section 19 — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — Individual defendants former United Nations officials — Functional immunity — Whether acts performed in exercise of official functions — Diplomatic Relations Act 1978 — Whether individual defendants entitled to immunity — The law of the United States