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  3. International Organizations before National Courts
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    • Publisher:
      Cambridge University Press
      Publication date:
      18 December 2009
      13 April 2000
      ISBN:
      9780511494437
      9780521653268
      9780521063647
      DOI:
      https://doi.org/10.1017/CBO9780511494437
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.9kg, 520 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.764kg, 520 Pages
      • Subjects:
      UN and International Organisations, Public International Law, Law, Politics and International Relations, International Relations and International Organisations
      Series:
      Cambridge Studies in International and Comparative Law (10)
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    Subjects:
    UN and International Organisations, Public International Law, Law, Politics and International Relations, International Relations and International Organisations
    Series:
    Cambridge Studies in International and Comparative Law (10)
    Information

    Book description

    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.

    Reviews

    Review of the hardback:‘ … worth reading … a timely and scholarly work.’

    Source: The Cambridge Law Journal

    Review of the hardback:‘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.’

    Source: The American Journal of International Law

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