One case, the United Nations international legal personality of the implementation of the United Nations Office suffer harm compensation case

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1, the United Nations international legal personality similarities and differences with the international legal personality of the state?

International legal personality (or the qualification of subject of international law) refers to engage in international communication and participation in international legal relations, directly bear the rights and obligations of international law, qualifications or ability and international claims to protect their legitimate rights and interests. With this qualification or ability of the entity known as a subject of international law. The United Nations and countries with international legal personality, is the subject of modern international law, but there are some differences between the legal personality of the two: first, to confirm the different periods. The latter is the only subject of traditional international law, the legal personality of international law in the formation of the legal personality is confirmed; the former is after the Second World War was gradually recognized. Secondly, on the basis of different. Generally, the latter is the national legal personality inherent; the former is a member of the Treaty ("the Charter of the United Nations") to "create" or "give". Thirdly, different scope. The legal personality of the latter is complete, not because of national differences, this is the embodying the principle of equality of states; the scope of the provisions of the legal personality of the former need depends on the "UN Charter" or to achieve the purpose of the United nations. The international legal personality of the United Nations international legal personality of the reference answer is also applicable to other inter governmental international organizations.

2, the functions of the United Nations to protect the similarities and differences of diplomatic protection in the country?

Functional protection UN refers to the United Nations in its representative in the performance of their duties under the condition of being hurt in the process, the United Nations and its representative damage to claim for compensation from the responsible state or government. As with foreign countries, the functions of the United Nations protection also manifested in the form of international claims of a country, the purpose is to safeguard their own interests. But in contrast, the two also have some important differences: first, on the basis of different. The state is the basis of the legal relationship between the international legal personality, individual and country of citizenship and the right to establish functional protection in this connection. Secondly, for different situations. Diplomatic protection state for citizenship in a country other than the country's national damage situation; the United Nations Compensation for any country (including the nationality, the members of the United Nations and non member states) damage to the representative of the United States. Third, the process conditions of different. Diplomatic protection principle for the exhaustion of local remedies; the United Nations compensation has no such requirement. Conflict may arise between the two, should consider the basis of each particular case on, by the United Nations and other countries concerned to conclude the agreement to resolve.

In case two, the Russians claim arbitration

Slightly

Application of case three, United Nations Headquarters in June 26, 1947 twenty-first arbitration agreement obligations

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The United Nations and the USA in the case of the dispute with the selection of arbitration, lawsuit to international court whether can solve? Why?

As a United Nations Headquarters agreement, whether the United Nations or America, the agreement can only choose arbitration to solve the dispute, because it is the provisions of article twenty-first of the agreement. They cannot choose the judgment of International Court of justice, because it would be a violation of the provisions of the agreement, according to "the principle of customary law treaty must be abided by", America the accepted international treaty must obey strict hundred-percent; two is the International Court of justice in accordance with the statute also cannot receive national and International Organization dispute lawsuit, it only accept the parties to the dispute are case countries.

In case four, the lotus case

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Permanent international court case is the application of the provisions of the criminal law of Turkey?

(Jane) permanent international court trial the case applicable is territorial recognized international law jurisdiction principle, and the principle of extended to the ship on the high seas. The legal principles of objective support of Turkey criminal law, but not equal to the judgment for the law.

Case five, Yeselin Wall v. Soviet news agency case

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1, in this case, the court judge what is whether the defendant has the foreign country the status of the standard?

  In this case, basic state sovereign immunity principle in the application of international law in the New York state Supreme Court, in accordance with their twentieth Century 50's beginning to take to limit foreign country exemption policy, namely to foreign countries commercial activities shall not exempt principle in dealing with the case. According to the "American foreign sovereign immunity laws", the court first on the defendant's legal status is determined, the court should be based on the basic properties and functions of the ownership of property as whether it belongs to the category of "foreign country" standard, and the standard is suitable for the socialist countries made specific analysis.

2, the New York state Supreme Court decision on why the accused of this case -- Soviet news agency TASS behavior with no jurisdiction?

In this case, the court USA Soviet Soviet news agency TASS enjoy immunity from jurisdiction and the court, thus excluding jurisdiction USA court. There are two reasons: first, the two agencies have USA "Foreign Sovereign Immunities Act" provisions of the immunity status, because according to the provisions of this law, "foreign" is defined to include the political branches of foreign, or agency of a foreign or media. And they meet the definition conditions, have the right to USA court claim jurisdictional immunity. Two, they are accused of libel behavior and business activities unrelated to. Because America restrictions on Foreign Sovereign Immunities, only rules on foreign business activities shall not be exempted. Since the alleged smear campaign has nothing to do with the business activities, is of course should also enjoy immunity.

Case six, this case

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The authorities in Taiwan is the government of the Republic of China's continued survival?

   In this case, the Osaka higher court made a careless mistake of law, that the authorities in Taiwan is "the government of the Republic of China" persistent. The reason is the Taiwan authorities exclusive still in fact continue to dominate and rule in Taiwan and its surrounding islands. Why is this claim is a legal wrong? The reasons are as follows: first, whether in law or in fact, the government of the Republic of China since the government of people's Republic of China was established, it has been destroyed, lost the China ruling qualification, a country without any government authority in the world only zero point zero three percent of land area within the. In fact, Taiwan regardless of history or now is always a part China territory, although had been illegally invaded Holland and Japan, but the ultimate ownership is still Chinese. The authorities in Taiwan also just China a local government. It is Chinese a local authorities, from the perspective of international law, are not exclusive, it is not Chinese sovereign, in the international society did not reject it status. Secondly, the leader of the Taiwan authorities had been destroyed by the government of the Republic of China's political and military personnel, such as Jiang Jieshi. But such a person as a local authority or control in Taiwan province is not the same as "depend on the government of the Republic of China".