Practice question
Assume the UN General Convention governs and the United Nations has not expressly waived immunity in a particular case. A claimant argues that the UN's capacity to enter contracts alone subjects it to all local judicial process. Which answer is best?
- Capacity to contract automatically waives section 2.
- Only oral contracts create immunity.
- Contracting strips the UN of legal personality.
- Capacity to contract and immunity from legal process are distinct; contracting alone is not the required express waiver.
- A claimant may personally waive UN immunity.
Legal references
- Convention on the Privileges and Immunities of the United Nations (1946), Articles I, II and V, sections 1–3, 18–21, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/36/12697
- Westfall v. Locsin, G.R. No. 250763, 16 April 2024, main decision, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69605
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