Dutto v UN High Commissioner for Refugees

• Jurisdicción: Argentina
• Fecha: 31 Mayo 1989
• Emisor: Federal Court of Appeals (Argentina)

Argentina, National Labour Court of Appeal (Second Chamber)

(Dr Gonzlez and Dr Rubio, Judges)

Dutto

and

United Nations High Commissioner for Refugees

International organizations Immunity Jurisdictional immunity United Nations High Commissioner for Refugees Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations Article IX, Section 31 Duty of agencies to make available alternative procedures for the settlement of disputes

International organizations Immunity Waiver Effect of failure of international organization to lodge a reply to proceedings brought against it Whether ever constituting waiver Requirement of express statement of waiver Passage of time following service of writ without reply Whether constituting proof of refusal to submit to jurisdiction The law of Argentina

Summary: The facts:The plaintiff brought a claim against the United Nations High Commissioner for Refugees before an Argentinian Labour Court.1 The Court rejected the claim on the ground that the defendant was entitled to jurisdictional immunity as an international organization. The plaintiff appealed.

Held:The appeal was dismissed.

(1) The fact that a specialized agency of the United Nations was entitled to immunity certainly did not mean that the interests of third parties were thereby deprived of all protection. Such persons were entitled to have...