Full Description
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.
Contents
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
