The Privileges and Immunities of International Organizations in Domestic Courts

ISBN : 9780199679409

August Reinisch
396 ページ
157 x 234 mm
International Law in Domestic Legal Orders

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's International 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.


1. Transnational Judicial Conversations on the Personality, Privileges and Immunities of International Organizations An Introduction
2. Argentina
3. Austria
4. Belgium
5. Canada
6. France
7. Germany
8. Greece
9. India
10. Italy
11. Japan
12. Netherlands
13. Philippines
14. Russian Federation
15. Switzerland
16. United Kingdom
17. United States
18. Conclusion


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).