Challenging Acts of International Organizations Before National Courts
August Reinisch
Abstract
The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book demonstrates that problems of judicial review of acts of international organizations are relevant in many organizations and in many different contexts. This book presents a broad picture concerning potential challenges of acts of international organizations before national courts. It covers such diverse international organizations as the United Nations itself, its subsidiary organs, such as the specialized ... More
The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book demonstrates that problems of judicial review of acts of international organizations are relevant in many organizations and in many different contexts. This book presents a broad picture concerning potential challenges of acts of international organizations before national courts. It covers such diverse international organizations as the United Nations itself, 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, or INTERPOL. Building on the case law of domestic courts, the chapters highlight similar legal issues according to four introductory working hypotheses. They relate to the nature of judicial review of acts of international organizations, its interdependence with domestic methods of incorporating international law, to the conditions of a human rights-based review and to the inter-relationship between domestic challenges and the safeguard of the independent functioning of international organizations. The book's conclusion brings the different findings together and analyses them in the light of the initial 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.
Keywords:
international institutional law,
international organizations,
judicial review,
Kadi jurisprudence,
UN Security Council,
sanctions regime,
international criminal courts,
tribunals,
INTERPOL,
Eurocontrol,
European Patent Office
Bibliographic Information
| Print publication date: 2010 |
Print ISBN-13: 9780199595297 |
| Published to Oxford Scholarship Online: January 2011 |
DOI:10.1093/acprof:oso/9780199595297.001.0001 |
Authors
Affiliations are at time of print publication.
August Reinisch, Editor
Professor of International and European Law, University of Vienna, Austria
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