The Settlement of Disputes Involving International Organizations

August Reinisch (Autor)

Buch | Softcover

416 Seiten

2025
Martinus Nijhoff (Verlag)
978-90-04-73563-7 (ISBN)

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Disputes involving international organizations arise on both the international level as well as the level of domestic law. These range from headquarters issues between States and international organizations to disputes between members, as well as non-members, and international organizations which are settled before such diverse mechanisms as WTO, ITLOS or regional international economic organization adjudication or arbitration. In addition, negotiation, mediation and fact-finding as non-adjudicatory means of dispute settlement may be resorted to. The more frequently arising disputes with private parties may be settled before international courts, administrative tribunals, arbitral tribunals and even national courts, although the role of the latter is usually more limited because of the jurisdictional immunity regularly enjoyed by international organizations. Based on an empirical overview of dispute settlement, policy issues like access to justice, the limited jurisdiction of courts and tribunals, due process and adequate mechanisms of dispute settlement are discussed, and some recommendations are made.

August Reinisch is a Professor of International and European Law at the University of Vienna and a Member of the International Law Commission as well as of the Institut de droit international. He has published widely in international law with a focus on international investment law and on the law of international organizations and he is currently serving as the ILC’s Special Rapporteur on the topic 'The settlement of disputes to which international organizations are parties'.

Chapter I. Introduction

Chapter II. The scope of this study

A. International organizations

B. Disputes

C. Dispute settlement

Chapter III. Preliminaries: the applicable law and responsibility

Chapter IV. Forms of dispute settlement involving international organizations currently available

A. Dispute settlement mechanisms for disputes between international organizations and between international organizations and States

1. Adjudication

2. Arbitration

3. Inquiry or fact-finding

4. Negotiation, mediation, conciliation, etc.

5. Institutional dispute settlement through organs of international organizations

6. Exit from international organizations –withdrawal and expulsion

B. Dispute settlement mechanisms for disputes between international organizations and private parties

1. Adjudication

2. Arbitration

3. Claims commissions and review boards

4. Inquiry or fact-finding

5. Negotiation, mediation, conciliation

6. Institutional dispute settlement through organs of international organizations

7. Diplomatic protection

Chapter V. Devising mechanisms for the settlement of disputes involving international organizations

A. Policy aspects concerning the settlement of disputes involving international organizations

1. Access to dispute settlement

2. Independence and impartiality of adjudicators

3. Basic procedural fairness

B. Options for the settlement of disputes involving international organizations

1. Disputes between international organizations and between international organizations and States

2. Disputes between international organizations and private parties

Chapter VI. Conclusions

Bibliography

Table of cases

About the Author

Erscheinungsdatum	29.07.2025
Reihe/Serie	The Pocket Books of The Hague Academy of International Law / Les livres de poche de l'Académie de droit international de La Haye ; 63
Sprache	englisch
Maße	110 x 180 mm
Gewicht	301 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
ISBN-10	90-04-73563-1 / 9004735631
ISBN-13	978-90-04-73563-7 / 9789004735637
Zustand	Neuware