Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Table of cases
- Table of legal instruments
- List of abbreviations
- 1 Purpose, subject and methodology of this study
- PART I DESCRIPTIVE ANALYSIS
- PART II POLICY ISSUES
- PART III FUTURE DEVELOPMENTS
- 6 Do national courts provide an appropriate forum for disputes involving international organizations?
- 7 Conclusions
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
7 - Conclusions
Published online by Cambridge University Press: 18 December 2009
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Table of cases
- Table of legal instruments
- List of abbreviations
- 1 Purpose, subject and methodology of this study
- PART I DESCRIPTIVE ANALYSIS
- PART II POLICY ISSUES
- PART III FUTURE DEVELOPMENTS
- 6 Do national courts provide an appropriate forum for disputes involving international organizations?
- 7 Conclusions
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
A number of conclusions may be drawn from the preceding inquiry, some of them confirming commonly held presumptions and opinions about the topic, while others might lead to a reappraisal of traditional views.
A descriptive analysis of how national courts react to international organizations as parties before them led to the important outcome that national courts do not exclusively ‘solve’ cases involving international organizations by resorting to the concept of immunity from jurisdiction. It demonstrated that, in fact, courts use a broad range of legal techniques in order to either avoid deciding such cases or to uphold their adjudicative power over such disputes. These methods range, on the one hand, from not recognizing the legal personality or the legal relevance of a particular act of an organization, prudential abstention doctrines, such as act of state, political questions or non-justiciability techniques, lack of adjudicative power theories, to classic immunity from suit concepts. On the other hand, courts may employ various strategies, from refusing to qualify an entity as an international organization, denying the legal relevance and applicability of immunity provisions, and restricting the scope of immunity, to a number of interpretative techniques of regarding the immunity granted waived, in order to assert jurisdiction over disputes involving international organizations.
National courts, on the whole, do not appear to be convinced that international organizations should enjoy absolute immunity from suit. They often find ways to exercise their adjudicative power over disputes involving international organizations.
- Type
- Chapter
- Information
- International Organizations before National Courts , pp. 391 - 393Publisher: Cambridge University PressPrint publication year: 2000