International Organizations before National Courts

This book investigates how national courts 'react' to disputes involving international organizations.

August Reinisch (Author)

9780521653268, Cambridge University Press

Hardback, published 13 April 2000

520 pages, 2 tables
23.8 x 15.9 x 3.7 cm, 0.9 kg

Review of the hardback: 'Reinisch deploys his materials persuasively and skillfully … this book is a stimulating and authoritative guide to an area of increasing importance for states and international organizations. The analysis and breadth of case law cited, and the clear and compelling conceptual framework Reinisch has fashioned, will ensure that his book will become and long remain essential reading for all concerned with international organizations in the world today.' The American Journal of International Law

A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.

Part I
Part II. V. Policy issues - pro and contra having national courts decide disputes involving international organizations
A. Rationales for judicial abstention.

Subject Areas: Public international law [LBB]