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Sovereign Immunity Of The United Nations: A Critical Analysis Of Its Strategic Value To American Foreign Policy


Ms. Anvita Tripathi, BBA LLB, Jindal Global Law School


ABSTRACT


This paper explores the intricate relationship between United Nations sovereign immunity and United States foreign policy interests, arguing that the preservation of UN immunity serves as a crucial strategic asset for American diplomatic objectives. The research based on the case studies of several significant cases involving the Haiti cholera outbreak, Kosovo lead poisoning incident, and other peacekeeping missions demonstrates that UN immunity is often criticized as a hindrance to accountability; however, it paradoxically advances U.S. geopolitical interests by providing legal protection for U.S.-supported international interventions. This research delves into how this mechanism of immunity helps the United States pursue its foreign policy goals in UN frameworks without facing legal risks, especially where military interventions, economic sanctions, and peacekeeping operations are concerned. Using extensive analysis of jurisprudence, diplomatic history, and contemporary international relations, the paper concludes that UN sovereign immunity, controversial as it is, serves as a vital tool in the practice of diplomacy to advance American interests in global governance. This study adds to the richness of this ambiguous relationship between international organizational law and national strategic interests. It implies that the current immunity framework might well present a problem from an accountability perspective but is significant for U.S. foreign policy implementation.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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