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Access to Justice and International Organizations

2017-08-25 Law
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Release : 2017-08-25
Genre : Law
Kind : eBook
Book Rating : 897/5 ( reviews)

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Book Synopsis Access to Justice and International Organizations by : Pierre Schmitt

Download or read book Access to Justice and International Organizations written by Pierre Schmitt. This book was released on 2017-08-25. 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.

Access to Justice and International Organisations

2022-03-17 Law
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Release : 2022-03-17
Genre : Law
Kind : eBook
Book Rating : 549/5 ( reviews)

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Book Synopsis Access to Justice and International Organisations by : Rishi Gulati

Download or read book Access to Justice and International Organisations written by Rishi Gulati. This book was released on 2022-03-17. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.

Access to Justice and International Organisations

2022-03-17 Law
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Release : 2022-03-17
Genre : Law
Kind : eBook
Book Rating : 713/5 ( reviews)

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Book Synopsis Access to Justice and International Organisations by : Rishi Gulati

Download or read book Access to Justice and International Organisations written by Rishi Gulati. This book was released on 2022-03-17. Available in PDF, EPUB and Kindle. Book excerpt: We live in a denial of justice age when it comes to the individual pursuit of justice against international organisations (IOs). Victims of institutional conduct are generally not provided reasonable means of dispute settlement at the international level. They also have been unable to seek justice at the national level due to IO immunities, which aim to secure institutional independence. Access to justice and IO independence are equally important values and realising them both has so far proven elusive. Private international law techniques can help allocate regulatory authority between the national and institutional orders in a nuanced manner by maintaining IO independence without sacrificing access to justice. As private international law rules can be adjusted nationally without the need for international action, the solution proposed can be readily implemented, thereby resolving a conundrum that public international law has not been able to address for decades.

International Organizations Before National Courts

2000-04-13 Law
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Release : 2000-04-13
Genre : Law
Kind : eBook
Book Rating : 266/5 ( reviews)

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Book Synopsis International Organizations Before National Courts by : August Reinisch

Download or read book International Organizations Before National Courts written by August Reinisch. This book was released on 2000-04-13. 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.

Immunity of International Organizations

2015-08-31 Business & Economics
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Release : 2015-08-31
Genre : Business & Economics
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Book Rating : 069/5 ( reviews)

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Book Synopsis Immunity of International Organizations by :

Download or read book Immunity of International Organizations written by . This book was released on 2015-08-31. Available in PDF, EPUB and Kindle. Book excerpt: 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).

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