Challenging Acts of International Organizations Before National Courts

Hardcover | October 2, 2010

EditorAugust Reinisch

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As the Kadi-hype following the 2008 European Court of Justice judgment demonstrated, there are many problems associated with the judicial review of acts of international organizations. This book is the first to present a broader overview of how acts of international organizations have beenchallenged before national courts. It covers such diverse organizations as the United Nations, 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, and INTERPOLBuilding extensively on the case law of domestic courts, the chapters highlight reoccurring legal issues in light of four working hypotheses. These relate to the nature of judicial review of the acts of international organizations, its interdependence with domestic methods of incorporatinginternational law, the conditions of a human rights-based review, and the tension between the independent functioning of an organization and guaranteeing legal protection against its acts.This approach ensures consistency among the book's chapters, which each focus on a different organization. Its conclusion brings the different findings together and analyses them in the light of the working hypotheses. It also discusses whether attempts to secure a certain minimum level of legalprotection against acts of international organizations through judicial review by national courts may contribute to securing greater accountability of international organizations.

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As the Kadi-hype following the 2008 European Court of Justice judgment demonstrated, there are many problems associated with the judicial review of acts of international organizations. This book is the first to present a broader overview of how acts of international organizations have beenchallenged before national courts. It covers su...

August Reinisch is Professor of International and European Law at the University of Vienna, Austria and Adjunct Professor at the Bologna Center/SAIS of Johns Hopkins University, Italy. He holds Master's degrees in philosophy (1990) and in law (1988) as well as a doctorate in law (1991) from the University of Vienna and an LL.M. (1989)...
Format:HardcoverDimensions:352 pages, 9.21 × 6.14 × 0.01 inPublished:October 2, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199595291

ISBN - 13:9780199595297

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Table of Contents

1. August Reinisch: Introduction2. Peter Hilpold: UN Sanctions before the ECJ: the Kadi cas3. Antonios Tzanakopoulos: Domestic Court Reactions to UN Security Council Sanctions4. Jan Wouters and Pierre Schmitt: Challenging Acts of Other United Nations' Organs, Subsidiary Organs and Officials5. Jean d'Aspremont and Catherine Brolmann: Challenging International Criminal Tribunals before Domestic Courts6. August Reinisch: Decisions of the European Patent Organization before National Courts7. Jakob Wurm: Asking National Courts to Correct the Over-flight Charges of Eurocontrol8. Kirsten Schmalenbach: Challenges against Decisions of the European Schools before National Courts9. Rutsel Martha: Challenging Acts of INTERPOL in Domestic Courts10. Cedric Ryngaert: Domestic Legal Remedies against OPEC11. August Reinisch: Conclusions