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Addressing the remedy gap in third-party claims against the United Nations peacekeeping missions
Thesis (LLD (Public International Law))--University of Pretoria, 2022.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2022
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| _version_ | 1867613725019602944 |
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| access_status_str | Open Access |
| author2 | Tladi, Dire |
| author_browse | Tladi, Dire |
| author_facet | Tladi, Dire |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD (Public International Law))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/88440 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:42.021Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/88440 Addressing the remedy gap in third-party claims against the United Nations peacekeeping missions Tladi, Dire dorisuwicyeza@gmail.com Uwicyeza, Doris Access to Justice Diplomatic protection Alternative mechanisms of dispute resolution UN immunity UN peacekeeping UCTD Thesis (LLD (Public International Law))--University of Pretoria, 2022. The remedy gap in claims against UN Peacekeeping operations refers to third-party claims that cannot be adjudicated due to the UN's immunity from national jurisdictions combined with a lack of or inadequate alternative dispute resolution mechanisms. As a result, valid claims are in essence extinguished due to lack of forum with jurisdiction. This study goes beyond the existing discourse which tends to focus on the two-pronged roots of the remedy gap, namely, the UN’s jurisdictional immunity and the lack of alternative dispute resolution mechanisms. This thesis seeks to advance the discourse by examining the underlying factors within the roots of the remedy gap. This is to determine whether the remedy gap is caused by an inappropriate implementation of the international law rules governing the obligation to provide access to remedies or whether the international law rules in the form of conventions, customary law, jurisprudence and policies contribute to the gap. This work argues that solutions to the remedy gap can be found within the existing framework and provides workable recommendations aimed at bridging the remedy gap while preserving the functional independence of the UN. SARchI Chair (Professor Dire Tladi) Sponsored the editing services Public Law LLD (Public International Law) Unrestricted 2022-11-22T13:25:09Z 2022-11-22T13:25:09Z 2022-12-09 2022 Thesis * D2022 https://repository.up.ac.za/handle/2263/88440 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Access to Justice Diplomatic protection Alternative mechanisms of dispute resolution UN immunity UN peacekeeping UCTD Addressing the remedy gap in third-party claims against the United Nations peacekeeping missions |
| title | Addressing the remedy gap in third-party claims against the United Nations peacekeeping missions |
| title_full | Addressing the remedy gap in third-party claims against the United Nations peacekeeping missions |
| title_fullStr | Addressing the remedy gap in third-party claims against the United Nations peacekeeping missions |
| title_full_unstemmed | Addressing the remedy gap in third-party claims against the United Nations peacekeeping missions |
| title_short | Addressing the remedy gap in third-party claims against the United Nations peacekeeping missions |
| title_sort | addressing the remedy gap in third party claims against the united nations peacekeeping missions |
| topic | Access to Justice Diplomatic protection Alternative mechanisms of dispute resolution UN immunity UN peacekeeping UCTD |
| url | https://repository.up.ac.za/handle/2263/88440 |