International Law

The Privileges and Immunities of International Organizations in Domestic Courts

By August Reinisch
Oxford University Press September 2013

Specifications

ISBN-13
9780199679409
Publisher
Oxford University Press
Publication
September 2013
Format
Hardback , 400 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • Provides a detailed analysis of the law and practice of national courts on the legal personality of international organizations, and the privileges and immunities they enjoy
  • Assesses the extent to which judicial dialogue takes place across borders and between national and international courts
  • Takes a country-by-country approach to assessing a wide range of jurisdictions including the Russian Federation, the United States of America, India, France, and Argentina, including cases never before discussed in the English language

International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts.

The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP'sInternational Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.

 

Readership: Scholars and advanced students of international law and international institutions, and the interaction between national and international law; practitioners working with international organizations

Table of Contents

1: August Reinisch: Introduction
2: Geneviève Bastid-Burdeau: France
3: Charles H. Brower II: United States of America
4: Sergei Marochkin: Russian Federation
5: Anne Peters and Thore Neumann: Switzerland
6: Maria Gavouneli: Greece
7: Phillip M. Saunders: Canada
8: Mahendra P. Singh: India
9: Raúl E. Vinuesa: Argentina
10: Bardo Fassbender: Germany
11: André Nollkaemper and Rosanne van Alebeek: The Netherlands
12: Riccardo Pavoni: Italy
13: August Reinisch and Gregor Novak: Austria
14: Herminio Harry L. Roque Jr.: The Philippines
15: Cedric Ryngaert: Belgium
16: Dan Sarooshi and Antonios Tzanakopoulos: United Kingdom
17: Toshiya Ueki: Japan
18: August Reinisch: Conclusion

About the Author

August Reinisch is Professor of International and European Law at the University of Vienna and Professorial Lecturer at the Bologna Centre/SAIS of Johns Hopkins University. He is also an expert adviser before Austrian and international courts, as well as arbitral tribunals. He is the editor of Standards of Investment Protection (OUP, 2008) and co-editor of International Investment Law for the 21st Century (OUP, 2009).

 

Contributors: 
Geneviève Bastid-Burdeau - Université de Paris I 
Charles H. Brower II - Duke University 
Bardo Fassbender - Bundeswehr University, Munich 
Maria Gavouneli - University of Athens 
Sergei Marochkin - Tyumen State University 
Thore Neumann - University of Basel 
André Nollkaemper - University of Amsterdam 
Gregor Novak - University of Vienna 
Riccardo Pavoni - University of Siena 
Anne Peters - University of Basel 
Herminio Harry L. Roque Jr. - University of the Philippines 
Cedric Ryngaert - University of Leuven 
Dan Sarooshi - University of Oxford 
Phillip M. Saunders - Dalhousie University 
Mahendra P. Singh
Antonios Tzanakopoulos - University of Oxford 
Toshiya Ueki - Tohoku University 
Rosanne van Alebeek - University of Amsterdam 
Raúl E. Vinuesa - University of Buenos Aires

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