In the Shadow of Waite and Kennedy – The Jurisdictional Immunity of International Organizations, the Individual's Right of Access to the Courts and Administrative Tribunals as Alternative Means of Dispute Settlement

Explores the jurisdictional immunity of international organizations. The traditional view is that functional immunity leads to absolute immunity due to the functional personality concept of international organizations as opposed to that of states which are considered functionally limited. Developing...

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Bibliographic Details
Published in:International organizations law review 2004, Vol.1 (1), p.59-110
Main Authors: Weber, Ulf Andreas, Reinisch, August
Format: Article
Language:English
Subjects:
Conflict Resolution
International Organizations
Judicial Decisions
Jurisdiction
Legal Cases
Organizational Power
Tribunals
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Summary:Explores the jurisdictional immunity of international organizations. The traditional view is that functional immunity leads to absolute immunity due to the functional personality concept of international organizations as opposed to that of states which are considered functionally limited. Developing the most appropriate immunity standard requires balancing the protection of the organizations independent functioning against the demand to protect the interests of potential litigants. Relevant national court decisions are reviewed to illustrate that granting immunity depends on the availability of an effective alternative to settle disputes. This concept is apparent in the 1997 case of Waite & Kennedy v. Germany which was upheld by the European Court of Human Rights (ECtHR); is embedded in similarly reasoned national court decisions; & is reinforced by recent judicial trends. However, closer scrutiny of actual practice by various tribunals, especially the international administrative tribunal ILOAT, reveals critical shortcomings in relation to adequacy & effectiveness which may lead national courts & the ECtHR to rethink their readiness to accept unqualified immunity on the part of defendant international organizations. J. Lindroth
ISSN:1572-3739
1572-3747
1572-3739
DOI:10.1163/1572374043242330