Haiti Cholera Transcript

For those following the developments in the Haiti Cholera Case, the transcript of the October 23, 2014 Oral Argument is now available.   It can be accessed here:  Oral Argument_Cholera Case 10.23. For my takeaway on this important hearing, please see my recent blog here.

Perhaps not surprisingly, the hearing garnered significant coverage in the main stream press.  At least one article suggested that Judge Oetken “wavered” on UN immunity.  In my opinion, this isn’t a correct depiction of his interventions.  He gave the plaintiffs a day in court, while giving no indication as to how he will rule.  Judge Oetken was clear that the plaintiffs have a steep hill to climb.  Nonetheless, he managed a politically sensitive case adeptly, by carefully examining the scope of the UN’s immunity under the Convention and Privileges and Immunities of the UN, and its obligation to provide appropriate modes of settlement under Article 29 of the same convention.   A decision is not expected before the new year.