Challenging Acts of International Organizations Before National Courts
Challenging Acts of International Organizations Before National Courts
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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 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.
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Front Matter
- 1 Introduction
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2
UN Sanctions Before the ECJ: the Kadi Case
Peter Hilpold
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3
Domestic Court Reactions to UN Security Council Sanctions
Antonios Tzanakopoulos
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4
Challenging Acts of Other United Nations’ Organs, Subsidiary Organs, and Officials
Jan Wouters andPierre Schmitt
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5
Challenging International Criminal Tribunals Before Domestic Courts
Jean d'Aspremont andCatherine Brölmann
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6
Decisions of the European Patent Organization Before National Courts
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7
Asking National Courts to Correct the Over-flight Charges of Eurocontrol
Jakob Wurm
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8
Challenging Decisions of the European Schools Before National Courts
Kirsten Schmalenbach
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9
Challenging Acts of INTERPOL in Domestic Courts
Rutsel Silvestre J Martha
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10
Domestic Legal Remedies Against OPEC
Cedric Ryngaert
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11
Conclusion
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End Matter
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