Common use of Interim conclusions Clause in Contracts

Interim conclusions. Section 29(a) of the General Convention concerns legal controversies concerning third party claims, having a ‘private law character’, to which the UN, as a legal person, is a party. Under Section 29, the UN is required to make ‘provisions for appropriate modes of settlement’ of such disputes. Where the UN fails to do so, in breach of Section 29(a) of the General Convention, it incurs international responsibility towards those states parties (not to third parties themselves). There is a long-standing tradition of the UN recognising its liability where third party claims are substantiated. The nature of that liability varies depending on the law applied in settling the dispute. Where a state espouses claims of its nationals by way of diplomatic protection, and the claims are founded, the UN incurs international responsibility, that is, responsibility under international law, towards that state. In reality, it is the UN that unilaterally determines whether a dispute has a ‘private law character’ and whether modes of settlement qualify as ‘appropriate’ (both heads of Section 29 are discussed separately below). Consequently, the UN effectively controls its own accountability. Whilst such determinations may be scrutinised by the ICJ in advisory proceedings under Section 30, that is not a realistic avenue given the multitude of claims and the political nature of the process regarding the making of a request for an advisory opinion. The current practice is at odds with core notions of justice and the rule of law (and arguably Article 14 of the ICCPR), which are central to the UN’s very purposes and operations, and which it has embraced.