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Reparations for Mass Torts Involving the United Nations

Misguided Exceptionalism in Peacekeeping Operations

In: International Organizations Law Review
Author:
Carla Ferstman University of Essex, cf16045@essex.ac.uk

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Online Publication Date:
07 Jan 2019
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In recent years, UN peacekeepers have been accused of several mass torts causing significant injury to host populations. Using the International Law Commission’s Draft Articles on the Responsibility of International Organizations as a backdrop, this article charts the efforts taken by host populations to seek reparation for the harms they suffered and the responses of the UN to arguments about their institutional liability and the consequential obligations to afford reparation. The author argues that the misapplication of the lex specialis principle has been central to the UN’s avoidance strategies.

Title:
Reparations for Mass Torts Involving the United Nations
Article Type:
Research Article
DOI:
https://doi.org/10.1163/15723747-01601003
Language:
English
Pages:
42–67
Keywords:
peacekeeping; reparation; mass claims; United Nations; liability; due diligence
In:
International Organizations Law Review
In:
Volume 16: Issue 1
Publisher:
Brill | Nijhoff
E-ISSN:
1572-3747
Print ISSN:
1572-3739
Subjects:
International Organizations, International Law, Public International Law

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