Challenging Acts of International Organizations Before National Courts

Author: August Reinisch
Publisher: Oxford University Press
ISBN: 9780199595297
Published In: September 2010
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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First book to focus on the increasingly important issues that arise when an international organization is challenged before a national court
Covers a wide variety of organizations, including ones that are often overlooked, such as the European Patent Organization and OPEC
Based on a comprehensive survey of the relevant case law, both at the domestic and international levels

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.

Readership: Scholars and students of general international law and the law of international organizations; practitioners involved in cases involving international organizations; legal advisers of international organizations.

Contents:: August Reinisch: Introduction; 2: Peter Hilpold: UN Sanctions before the ECJ: the Kadi cas; 3: Antonios Tzanakopoulos: Domestic Court Reactions to UN Security Council Sanctions; 4: Jan Wouters and Pierre Schmitt: Challenging Acts of Other United Nations' Organs, Subsidiary Organs and Officials; 5: Jean d'Aspremont and Catherine Brölmann: Challenging International Criminal Tribunals before Domestic Courts; 6: August Reinisch: Decisions of the European Patent Organization before National Courts; 7: Jakob Wurm: Asking National Courts to Correct the Over-flight Charges of Eurocontrol; 8: Kirsten Schmalenbach: Challenges against Decisions of the European Schools before National Courts; 9: Rutsel Martha: Challenging Acts of INTERPOL in Domestic Courts; 10: Cedric Ryngaert: Domestic Legal Remedies against OPEC; 11: August Reinisch: Conclusions;

Edited by August Reinisch, Professor of International and European Law, University of Vienna, Austria

Contributors:

Catherine Brölmann, Amsterdam Center for International Law
Jean d'Aspremont, Amsterdam Center for International Law
Peter Hilpold, University of Innsbruck
Rutsel Martha, International Fund for Agricultural Development
Cedric Ryngaert, Leuven University and Utrecht University
Kirsten Schmalenbach, University of Graz
Pierre Schmitt, Leuven Centre for Global Governance Studies
Antonios Tzanakopoulos, University of Glasgow
Jan Wouters, Leuven Centre for Global Governance Studies and Institute for International Law
Jakob Wurm, University of Vienna