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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.
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Uitgever: Cambridge University Press. Samenvatting This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes.
This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject, making it indispensable for practitioners as well as academics in the field.
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Recensie s Review of the hardback: ' 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 work is a welcome entry in the rapicly expanding scholarship regarding international organizations, and this book should be a useful addition to any academic law library wupporting research in international law. International Journal of Legal Information Reinisch provides an impressively comprehensive examination of a rather neglected aspect of public international law. American Journal of International Law.
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