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Reparations for Mass Torts involving the United Nations: Misguided Exceptionalism in Peacekeeping Operations

Ferstman, Carla (2019) 'Reparations for Mass Torts involving the United Nations: Misguided Exceptionalism in Peacekeeping Operations.' International Organizations Law Review, 16 (1). 42 - 67. ISSN 1572-3739

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Abstract

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.

Item Type: Article
Uncontrolled Keywords: peacekeeping; reparation; lex specialis ; mass claims; United Nations; liability; due diligence
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 12 Feb 2019 13:17
Last Modified: 02 Aug 2019 09:15
URI: http://repository.essex.ac.uk/id/eprint/23694

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