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Philippine Bar review · Question

Practice question: Subjects of International Law

Multiple Choice Hard

Practice question

A UN agent suffers injury while performing an official mission in circumstances engaging a State's international responsibility. The UN seeks reparation for harm to its institutional interests and the mission-related injury. The respondent says the absence of UN statehood necessarily defeats all such capacity. Which is best under the 1949 opinion?
  1. Absence of statehood automatically ends the inquiry
  2. Only the agent's nationality can ever matter
  3. The recognized international personality and functional protection capacity answer that categorical objection, subject to the relevant legal conditions
  4. The UN becomes the agent's national State
  5. Any injury automatically proves unlimited damages

Legal references

  • ICJ, Reparation for Injuries Suffered in the Service of the United Nations, April 11, 1949, principal advisory opinion: https://icj-web.leman.un-icc.cloud/sites/default/files/case-related/4/004-19490411-ADV-01-00-EN.pdf

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