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International Organizations before National Courts : Cambridge Studies in International and Comparative Law - August Reinisch

International Organizations before National Courts

Cambridge Studies in International and Comparative Law

Hardcover

Published: 8th May 2000
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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.

From the hardback review: ' ... worth reading ... a timely and scholarly work.' The Cambridge Law Journal From the hardback review: 'Reinisch deploys his materials persuasively and skillfully ... this book is a stimulating and authoritative guide to an area of increasing importance for states and international organizations. The analysis and breadth of case law cited, and the clear and compelling conceptual framework Reinisch has fashioned, will ensure that his book will become and long remain essential reading for all concerned with international organizations in the world today.' The American Journal of International Law

V. Policy issues - pro and contra having national courts decide disputes involving international organizations
Rationales for judicial abstention
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521653268
ISBN-10: 0521653266
Series: Cambridge Studies in International and Comparative Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 520
Published: 8th May 2000
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 15.2  x 3.3
Weight (kg): 0.93