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Challenging Acts of International Organizations Before National Courts (Hardcover)
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Challenging Acts of International Organizations Before National Courts (Hardcover)
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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.
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