论联合国豁免的放弃

On the Waiver of Immunity of United Nations

联合国组织在一定条件下放弃豁免,是《联合国特权与豁免公约》及有关国际法律文件明确规定的一项国际法律制度,这项制度关系到相关国际组织能否享有豁免以便履行职能和实现目的,同时也关系到与国际组织有关的其他各方,尤其是与国际组织交往的私人在国际组织一旦侵犯其权利的情况下能否得到救济。因此,国际组织放弃豁免是一项非常重要的国际法律制度。联合国豁免的放弃必须由其有权机关作出相应的意思表示。不论是民事行为,还是刑事行为,其豁免都是可以放弃的。联合国等国际组织放弃豁免的权利,同时也构成其必须履行的一项义务。

The United Nations （UN） must waive its immunity in some conditions. This is an international legal institution which meets the requirements of the Convention on the Privileges and Immunities of the UN and the other international legal instruments concerned. It is connected firmly with the immunities which guarantee the exercise of functions and fulfillment of purposes of the UN. It is also connected closely with the remedy of the parties whose rights are damaged by the UN or its agents. The decision to waive immunity must be made by the authority of the UN which holds the power. The immunity can be waived both in the civil and criminal fields. To waive immunity is the fight of the UN and simultaneously also its duty.