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Challenging Acts of International Organizations Before National Courts$
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August Reinisch

Print publication date: 2010

Print ISBN-13: 9780199595297

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199595297.001.0001

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Introduction

Introduction

Chapter:
(p.1) 1 Introduction
Source:
Challenging Acts of International Organizations Before National Courts
Author(s):

August Reinisch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199595297.003.0001

This introductory chapter presents four working hypotheses that provide the general framework for discussing legal challenges of acts of international organizations before various national courts. First, it suggests that scholarly analysis should go beyond the issue of targeted sanctions as discussed in the Kadi decision of the European Court of Justice and include various other (also indirect) forms of judicial review of acts of international organizations. Second, such review is relatively independent of the form of incorporation of international law into the domestic legal order. Third, challenges in the light of human rights are more adequate when based on internationally accepted principles than on purely national legal concepts. Lastly, it is argued that the dichotomy of securing the independent functioning of international organizations, as opposed to guaranteeing legal protection against them, should be viewed as providing related problems as requests for legal action against international organizations and their immunity from suit.

Keywords:   working hypotheses, general framework, judicial review, international law, human rights review, independence of international organizations, jurisdictional immunity

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