Monthly archive July, 2015

Towards an alternative interpretation of UN immunity: A human rights-based approach to the Haiti Cholera Case

1. Introduction   The Haiti CholeraCase has rightfully received significant attention from practitioners, scholars, the media, and the wider public. The facts lend themselves to a thorough examination of issues arising from UN immunity, not only in relation to the case but more broadly in relation to UN peacekeeping operations. At the outset of the...

Choleric notes on the Haiti Cholera Case

1. Introductory remarks The titles in the growing literature[1] relating to the Haiti Cholera Case are often, albeit tacitly, inspired by García Márquez’s celebrated novel ‘Love in the Time of Cholera’.[2] This choice seems to arise from the traditional concern of writers with the identification of a catchy title for their works. We should go...

UN immunity and the Haiti Cholera Case

Introduced by Emanuele Cimiotta and Maria Irene Papa In October 2013, Haiti cholera victims filed a class action complaint against the United Nations (UN) in the Southern District Court of New York, claiming UN responsibility for ‘the negligent, reckless, and tortious conduct’ that had caused the outbreak of the epidemic, and seeking compensation (Georges et...

The immunity of State organs – A reply to Pisillo Mazzeschi

1. Pisillo Mazzeschi’s main thesis Pisillo Mazzeschi has carried out an in depth enquiry of the topic of immunity. One should not only take into account  the piece he wrote for Questions of International Law, but also the substantive contribution he has made to an Italian legal encyclopedia.[1]  His findings have already been critically analysed...

A few remarks on the functional immunity of the organs of foreign States

1. Introduction I read with great interest the article by Pisillo Mazzeschi and the subsequent reactions to it, all of which were stimulating in terms of the variety of views expressed and the arguments supporting them. That said, no-one, myself included, should make the presumption that the opinions he expressed are necessarily the right ones,...

Weighing the evidential value of expert opinion: The Whaling Case

1. Introduction The question of how the International Court of Justice (ICJ) uses experts in disputes involving complex scientific issues seems to be a trend topic in academic discussions on international litigation. The two commentaries offered by professors Mbengue and Scovazzi shed significant light on several questions raised after the Whaling in the Antarctic judgment...