United Nations - Legal Basis of Establishment

Legal Basis of Establishment

Shortly after its establishment the UN sought recognition as an international legal person due to the case of Reparations for Injuries Suffered in the Service of the United Nations with the advisory opinion delivered by the International Court of Justice (ICJ). The question arose whether the United Nations, as an organisation, had "the capacity to bring an international claim against a government regarding injuries that the organisation alleged had been caused by that state."

The Court stated: the Organization was intended to exercise and enjoy, and is in fact exercising and enjoying functions and rights, which can only be explained on the basis of the possession of a large measure of international personality and the capacity to operate upon an international plane ... Accordingly, the Court has come to the conclusion that the Organization is an international person. That is not the same thing as saying that it is a State, which it certainly is not, or that its legal personality and rights and duties are the same as those of a State ... What it does mean is that it is a subject of international law and capable of possessing international rights and duties, and that it has capacity to maintain its rights by bringing international claims.