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.
General
Imprint: |
Cambridge UniversityPress
|
Country of origin: |
United Kingdom |
Series: |
Cambridge Studies in International and Comparative Law |
Release date: |
May 2008 |
First published: |
March 2008 |
Authors: |
August Reinisch
|
Dimensions: |
228 x 152 x 30mm (L x W x T) |
Format: |
Paperback - Trade
|
Pages: |
520 |
ISBN-13: |
978-0-521-06364-7 |
Categories: |
Books >
Law >
International law >
Public international law >
General
|
LSN: |
0-521-06364-7 |
Barcode: |
9780521063647 |
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