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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

In the Shadow of Waite and Kennedy – The Jurisdictional Immunity of International Organizations,... In the Shadow of Waite and Kennedy 59 IN THE SHADOW OF WAITE AND KENNEDY T HE J URISDICTIONAL I MMUNITY OF I NTERNATIONAL O RGANIZATIONS , THE I NDIVIDUAL ʼ S R IGHT OF A CCESS TO THE C OURTS AND A DMINISTRATIVE T RIBUNALS AS A LTERNATIVE M EANS OF D ISPUTE S ETTLEMENT A UGUST R EINISCH AND U LF A NDREAS W EBER * I. THE JURISDICTIONAL IMMUNITY OF INTERNATIONAL ORGANIZATIONS International organizations are said to enjoy functional immunity, the immunity necessary to ensure their independent functioning. 1 However, what appears like a rather restrictive concept of immunity, in practice turns out to be a fairly broad and almost unlimited immunity from the jurisdiction of national courts. The reason for this seemingly paradoxical state of affairs can be explained easily with regard to the paradigmatic international organization, the United Nations. While the UN Charter speaks of a mere functional immunity to be enjoyed by the organization before national courts, 2 this standard is nowhere clearly International Organizations Law Review 1 : 59–110, 2004 ©2004 Koninklijke Brill NV, Leiden, The Netherlands. * August Reinisch is Professor of International and European Law at the University of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Organizations Law Review Brill

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

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1572-3739
eISSN
1572-3747
DOI
10.1163/1572374043242330
Publisher site
See Article on Publisher Site

Abstract

In the Shadow of Waite and Kennedy 59 IN THE SHADOW OF WAITE AND KENNEDY T HE J URISDICTIONAL I MMUNITY OF I NTERNATIONAL O RGANIZATIONS , THE I NDIVIDUAL ʼ S R IGHT OF A CCESS TO THE C OURTS AND A DMINISTRATIVE T RIBUNALS AS A LTERNATIVE M EANS OF D ISPUTE S ETTLEMENT A UGUST R EINISCH AND U LF A NDREAS W EBER * I. THE JURISDICTIONAL IMMUNITY OF INTERNATIONAL ORGANIZATIONS International organizations are said to enjoy functional immunity, the immunity necessary to ensure their independent functioning. 1 However, what appears like a rather restrictive concept of immunity, in practice turns out to be a fairly broad and almost unlimited immunity from the jurisdiction of national courts. The reason for this seemingly paradoxical state of affairs can be explained easily with regard to the paradigmatic international organization, the United Nations. While the UN Charter speaks of a mere functional immunity to be enjoyed by the organization before national courts, 2 this standard is nowhere clearly International Organizations Law Review 1 : 59–110, 2004 ©2004 Koninklijke Brill NV, Leiden, The Netherlands. * August Reinisch is Professor of International and European Law at the University of

Journal

International Organizations Law Review – Brill

Published: Jan 1, 2004

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