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Author : August Reinisch
Publisher :
ISBN 13 :
Total Pages : 386 pages
Book Rating : 4.:/5 (11 download)
Download or read book International Organizations Before National Courts written by August Reinisch and published by . This book was released on 2008 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 0521653266
Total Pages : 523 pages
Book Rating : 4.5/5 (216 download)
Download or read book International Organizations Before National Courts written by August Reinisch and published by Cambridge University Press. This book was released on 2000-04-13 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : August Reinisch
Publisher : OUP Oxford
ISBN 13 : 0191616508
Total Pages : 336 pages
Book Rating : 4.1/5 (916 download)
Download or read book Challenging Acts of International Organizations Before National Courts written by August Reinisch and published by OUP Oxford. This book was released on 2010-09-09 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Kadi-hype following the 2008 European Court of Justice judgment demonstrated, there are many problems associated with the judicial review of acts of international organizations. This book is the first to present a broader overview of how acts of international organizations have been challenged before national courts. It covers such diverse organizations as the United Nations, its subsidiary organs, such as the specialized international criminal courts for the former Yugoslavia and Rwanda, the European Patent Office, the European Schools, EUROCONTROL, OPEC, and INTERPOL Building extensively on the case law of domestic courts, the chapters highlight reoccurring legal issues in light of four working hypotheses. These relate to the nature of judicial review of the acts of international organizations, its interdependence with domestic methods of incorporating international law, the conditions of a human rights-based review, and the tension between the independent functioning of an organization and guaranteeing legal protection against its acts. This approach ensures consistency among the book's chapters, which each focus on a different organization. Its conclusion brings the different findings together and analyses them in the light of the working hypotheses. It also discusses whether attempts to secure a certain minimum level of legal protection against acts of international organizations through judicial review by national courts may contribute to securing greater accountability of international organizations.
Author : August Reinisch
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (879 download)
Download or read book Challenging Acts of International Organizations Before National Courts written by August Reinisch and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : August Reinisch
Publisher : OUP Oxford
ISBN 13 : 0191668737
Total Pages : 396 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Privileges and Immunities of International Organizations in Domestic Courts written by August Reinisch and published by OUP Oxford. This book was released on 2013-09-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.
Author :
Publisher : BRILL
ISBN 13 : 9004296069
Total Pages : 375 pages
Book Rating : 4.0/5 (42 download)
Download or read book Immunity of International Organizations written by and published by BRILL. This book was released on 2015-06-19 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity for international organizations and their staff, while long considered necessary to their functioning, has fallen under scrutiny and criticism in practice. These contributions, originally prepared for a conference held at Leiden University in June 2013, are re-published here in celebration of the 10th anniversary of the International Organizations Law Review.
Author : Cedric Ryngaert
Publisher : Oxford University Press
ISBN 13 : 0198743629
Total Pages : 481 pages
Book Rating : 4.1/5 (987 download)
Download or read book Judicial Decisions on the Law of International Organizations written by Cedric Ryngaert and published by Oxford University Press. This book was released on 2016 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first casebook of its kind Judicial Decisions on the Law of International Organizations contains relevant excerpts of leading court opinions and decisions on the law of international organizations (international institutional law) and critical commentaries written by leading experts in the field.
Author : Maurizio Ragazzi
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004256083
Total Pages : 515 pages
Book Rating : 4.0/5 (42 download)
Download or read book Responsibility of International Organizations written by Maurizio Ragazzi and published by Martinus Nijhoff Publishers. This book was released on 2013-07-04 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.
Author : August Reinisch
Publisher : Oxford University Press
ISBN 13 : 0199679401
Total Pages : 395 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Privileges and Immunities of International Organizations in Domestic Courts written by August Reinisch and published by Oxford University Press. This book was released on 2013-09-12 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of a conference on "Transnational Judicial Dialogue of Domestic Courts on International Organisations" at the Law School of the Universtiy of Vienna on 23 April 2012.
Author : Pierre Schmitt
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432897
Total Pages : 416 pages
Book Rating : 4.7/5 (864 download)
Download or read book Access to Justice and International Organizations written by Pierre Schmitt and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9004441034
Total Pages : 342 pages
Book Rating : 4.0/5 (44 download)
Download or read book The Role of International Administrative Law at International Organizations written by and published by BRILL. This book was released on 2020-11-04 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : André Nollkaemper
Publisher : Oxford University Press
ISBN 13 : 0191652822
Total Pages : 384 pages
Book Rating : 4.1/5 (916 download)
Download or read book National Courts and the International Rule of Law written by André Nollkaemper and published by Oxford University Press. This book was released on 2012 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
Author : Christoph Schreuer
Publisher :
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.F/5 ( download)
Download or read book Decisions of International Institutions Before Domestic Courts written by Christoph Schreuer and published by . This book was released on 1981 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Edward Chukwuemeke Okeke
Publisher : Oxford University Press
ISBN 13 : 0190611235
Total Pages : 409 pages
Book Rating : 4.1/5 (96 download)
Download or read book Jurisdictional Immunities of States and International Organizations written by Edward Chukwuemeke Okeke and published by Oxford University Press. This book was released on 2018 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.
Author : Finn Seyersted
Publisher : BRILL
ISBN 13 : 9047433467
Total Pages : 632 pages
Book Rating : 4.0/5 (474 download)
Download or read book Common Law of International Organizations written by Finn Seyersted and published by BRILL. This book was released on 2008-06-04 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.
Author : José E. Alvarez
Publisher : BRILL
ISBN 13 : 9004328408
Total Pages : 488 pages
Book Rating : 4.0/5 (43 download)
Download or read book The Impact of International Organizations on International Law written by José E. Alvarez and published by BRILL. This book was released on 2016-12-01 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of International Organizations on International Law by Jose Alvarez addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law
Author : Snezana Trifunovska
Publisher :
ISBN 13 : 9789462368705
Total Pages : 0 pages
Book Rating : 4.3/5 (687 download)
Download or read book The Law of International Organizations written by Snezana Trifunovska and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The selection includes basic documents and cases of the Law of International Organizations and is prepared primarily as a tool to assist students and other interested in their study and work. The documents provide information and enable study and discussion on some of the major aspects such as membership, powers, dispute settlement, decision-making and international responsibility. The book consists of two main parts. Part One contains constituent documents of a number of international governmental organizations selected either because of their representativeness or uniqueness of their institutional features. It also includes some more specific documents, such as the statutes of international tribunals. Part Two encloses a selection of judicial cases considered by international, regional and national courts.
