Ferstman, Carla (2019) Reparations for Mass Torts involving the United Nations: Misguided Exceptionalism in Peacekeeping Operations. International Organizations Law Review, 16 (1). pp. 42-67. DOI https://doi.org/10.1163/15723747-01601003
Ferstman, Carla (2019) Reparations for Mass Torts involving the United Nations: Misguided Exceptionalism in Peacekeeping Operations. International Organizations Law Review, 16 (1). pp. 42-67. DOI https://doi.org/10.1163/15723747-01601003
Ferstman, Carla (2019) Reparations for Mass Torts involving the United Nations: Misguided Exceptionalism in Peacekeeping Operations. International Organizations Law Review, 16 (1). pp. 42-67. DOI https://doi.org/10.1163/15723747-01601003
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 |
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Uncontrolled Keywords: | peacekeeping; reparation; lex specialis ; mass claims; United Nations; liability; due diligence |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Arts and Humanities Faculty of Arts and Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 12 Feb 2019 13:17 |
Last Modified: | 30 Oct 2024 21:24 |
URI: | http://repository.essex.ac.uk/id/eprint/23694 |
Available files
Filename: CFerstman clean review 16 Nov.pdf