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| Author | : Rishi Gulati |
| Publisher | : Cambridge University Press |
| Total Pages | : 255 |
| Release | : 2022-03-17 |
| Genre | : Law |
| ISBN | : 1108837549 |
This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.
| Author | : Pierre Schmitt |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 407 |
| Release | : 2017-08-25 |
| Genre | : Law |
| ISBN | : 1786432897 |
Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 342 |
| Release | : 2020-11-04 |
| Genre | : Law |
| ISBN | : 9004441034 |
The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.
| Author | : August Reinisch |
| Publisher | : Cambridge University Press |
| Total Pages | : 523 |
| Release | : 2000-04-13 |
| Genre | : Law |
| ISBN | : 0521653266 |
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.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 375 |
| Release | : 2015-08-31 |
| Genre | : Business & Economics |
| ISBN | : 9004296069 |
Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization’s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practitioners gave presentations and prepared written contributions that are collected in this book. This book is published to celebrate the 10th anniversary of the International Organizations Law Review, in which these contributions have also been published (Vol. 10, issue 2, 2014).
| Author | : Steven R. Ratner |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 497 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0198704046 |
Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
| Author | : Jan Klabbers |
| Publisher | : Cambridge University Press |
| Total Pages | : 423 |
| Release | : 2022-03-10 |
| Genre | : Law |
| ISBN | : 1108842208 |
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.
| Author | : Siddharth Peter De Souza |
| Publisher | : EUP |
| Total Pages | : 0 |
| Release | : 2023-01-16 |
| Genre | : Law |
| ISBN | : 9781474473873 |
Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.
| Author | : Jacob Katz Cogan |
| Publisher | : Oxford University Press |
| Total Pages | : 1345 |
| Release | : 2016-11-10 |
| Genre | : Law |
| ISBN | : 0191652369 |
Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations. Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks. With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations. The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.
| Author | : Francesco Francioni |
| Publisher | : OUP Oxford |
| Total Pages | : 272 |
| Release | : 2007-10-25 |
| Genre | : Law |
| ISBN | : 0191018651 |
In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
