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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.
This book investigates the legal complexities and procedural challenges inherent in the judicial review of acts performed by international organizations within the jurisdiction of national courts. Author August Reinisch, a scholar of international law, utilizes a comparative framework to analyze how domestic courts navigate the tension between the functional immunity of international bodies and the necessity of providing legal recourse for individuals affected by their actions. By examining a diverse array of organizations, the text evaluates whether national judicial intervention serves as a viable mechanism for ensuring institutional accountability.
What You Will Find
Legal scholars and practitioners identify this work as a foundational text for understanding the intersection of domestic litigation and international institutional law. Readers frequently note the academic density of the prose, which provides a rigorous and systematic examination of accountability mechanisms in a globalized legal landscape.
Page Count:
352
Publication Date:
2011-02-04
Publisher:
Oxford University Press
ISBN-10:
0199595291
ISBN-13:
9780199595297
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