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Relevance of the case Relevance of the case
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I. The facts of the case I. The facts of the case
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II. The legal questions II. The legal questions
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III. Excerpts III. Excerpts
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IV. Commentary IV. Commentary
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A. Waite and Kennedy and the ‘human rights approach’ to organizational immunities A. Waite and Kennedy and the ‘human rights approach’ to organizational immunities
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B. The merits and de-merits of Waite and Kennedy B. The merits and de-merits of Waite and Kennedy
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C. Waite and Kennedy as a motor for the constitutionalization of international organizations? C. Waite and Kennedy as a motor for the constitutionalization of international organizations?
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D. Critical reception and doctrinal debates D. Critical reception and doctrinal debates
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7.6 Prewitt Enterprises, Inc. v Org. of Petroleum Exporting Countries, 353 F.3d 916 (11th Cir. 2003)
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7.4 Beer and Regan v Germany, App. No. 28934/95 and Waite and Kennedy v Germany, App. No. 26083/94, European Court of Human Rights, 18 February 1999
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Published:March 2016
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Abstract
The two decisions were the first in which an international human rights court commented on the conflict between immunities of international organizations before domestic courts and the human rights-based obligation of states to provide individuals with access to a court. The European Court of Human Rights reviewed the domestic court’s act of granting immunity to an international organization against art. 6(1) ECHR. It employed an ‘alternative means test’, i.e. it inquired whether the aggrieved party had means other than access to state courts at its disposal to pursue claims. In performing a human rights-review, the Court departed from the traditional paradigm of international organizations’ absolute immunity which would dispense international organizations under all possible circumstances from domestic judicial proceedings and enforcement. Since the rendering of the two judgments, the ‘alternative means’ test has become a key concept in the law of organizational immunities in Europe.
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