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Resolving UN Torts in US Courts: Georges v United Nations

Journal Article


Abstract


  • This article concerns the recent case of Georges v United Nations,which constitutes, to date, the most elaborate public law challenge to the principle of UNimmunity from suit and private law attempt at procuring compensation from the UNfor alleged malfeasance. Despite the fact that it relates to people and events in Haiti, the case was brought by United Stateslawyers on behalf of US plaintiffs, was decided by US courts, used the US-style class action method, called for reparations of US proportions and was intervened in by the US government. The article addresses how the US legal culture of expansionism, litigiousness and charity have influenced the case. It asks whether, in drawing on this culture, the US legal system has overextended its extraterritorial engagement in international and foreign affairs.

Publication Date


  • 2018

Citation


  • D. Anthony, 'Resolving UN Torts in US Courts: Georges v United Nations' (2018) 19 (2) Melbourne Journal of International Law 462-493.

Number Of Pages


  • 31

Start Page


  • 462

End Page


  • 493

Volume


  • 19

Issue


  • 2

Place Of Publication


  • Australia

Abstract


  • This article concerns the recent case of Georges v United Nations,which constitutes, to date, the most elaborate public law challenge to the principle of UNimmunity from suit and private law attempt at procuring compensation from the UNfor alleged malfeasance. Despite the fact that it relates to people and events in Haiti, the case was brought by United Stateslawyers on behalf of US plaintiffs, was decided by US courts, used the US-style class action method, called for reparations of US proportions and was intervened in by the US government. The article addresses how the US legal culture of expansionism, litigiousness and charity have influenced the case. It asks whether, in drawing on this culture, the US legal system has overextended its extraterritorial engagement in international and foreign affairs.

Publication Date


  • 2018

Citation


  • D. Anthony, 'Resolving UN Torts in US Courts: Georges v United Nations' (2018) 19 (2) Melbourne Journal of International Law 462-493.

Number Of Pages


  • 31

Start Page


  • 462

End Page


  • 493

Volume


  • 19

Issue


  • 2

Place Of Publication


  • Australia