Jurisdictional Immunity Of The United Nations In Domestic Court Proceedings

The United Nations is one of the international legal responsibility subjects,and it plays an important role in the communication of the international community.In recent years,with the increasing number of cases of infringement in the United Nations,more and more people began to discuss whether the United Nations enjoys the immunity from jurisdiction is in line with the concept of human rights protection.At the beginning,the aim of granting exemption to the United Nations is to prevent the interference of external forces when the United Nations perform its mission.But in practice,jurisdictional immunity play an expected role in protecting its own operation,but when the United Nations related to the private illegal behavior,the United Nations enjoys jurisdictional immunity made private parties cannot protect their right.With the United Nations involved in the international communities,the contradiction is becoming more and more important.The aim of this paper is to study the question of what is the relationship between the jurisdiction of the United Nations and the protection of private rights,and what kind of method can make the tow aspects achieve a harmonious coexistence.The first part of this article is to introduce two cases: Srebrenica mother case and Haiti cholera case,with the analysis of these two cases,the paper will introduce the question of this paper discuss.Through consulting,analyzing and sorting of two cases and of relevant evidence cited in the judgment of the court,by contrast,many courts now have been awarded of the impact of the immunity from the jurisdiction,also looking for some methods to limited the jurisdiction of the United Nations,but in dealing with the United Nations,whether the European Court of human rights or the federal courts are cautious about this problem,and in according with the Charter of the United Nations and the United Nations Convention on the privileges and immunities of the United Nations.Through the study of the two cases,the author puts forward the problems of this paper: the problem of the exemption from the jurisdiction of the United Nations and the protection of private rights and interests.The second part is the core part of this paper,which mainly introduces the theoretical basis of the United Nations jurisdictional immunity.From the academic aspects to the legal aspects,this paper introduces the functional necessity theory and introduces the influence of functional necessity theory,and also expounds its causes and effects as the United Nations enjoy immunity from jurisdiction theory.The Charter of the United Nations and the United Nations Convention on the privileges and immunity,describe the legal basis of the exemption the United Nations.From the international law,customary international law,the domestic law and other aspects describe the exemption of the United Nations.The third part is mainly discussing the International Court of justice and national courts attitude towards the contradiction between the immunity from jurisdiction and the private rights protection,From the courts attitude towards immunity can be seen,the court granted immunity to the United Nations may damage the private rights,but they felt that the interests of the United Nations should be higher than private interests.The fourth part mainly talks about the solution of the Jurisdictional Immunity of the United Nations and the protection of private rights.Find way to solve the contradiction,if not,the contradiction may further extended and made things irreconcilable.In the next part the author will elaborate how to coordinate with each other between the United Nations and the private subject,from the protection of human rights to the United Nations can take the initiative to give up to and improve the alternative dispute resolution mechanism,from the inside to the outside,from passive to active,form a complete protection of private rights system.