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Acts of International Organizations Acts of International Organizations
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Forum Forum
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Internal Review Mechanisms Internal Review Mechanisms
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Court of Justice of the European Union Court of Justice of the European Union
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Regional Bodies Regional Bodies
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External Review External Review
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European Court of Human Rights European Court of Human Rights
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International Court of Justice International Court of Justice
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Grounds for Judicial Review Grounds for Judicial Review
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Internal Law of the IO Internal Law of the IO
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Contrary to International Law Contrary to International Law
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Legal Consequences and Remedies Legal Consequences and Remedies
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Consequences Consequences
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Remedies Remedies
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Informal Review Mechanisms Informal Review Mechanisms
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Non-compliance Non-compliance
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Non-Funding Non-Funding
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Withdrawal from or Non-Cooperation with the IO Withdrawal from or Non-Cooperation with the IO
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Conclusion Conclusion
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47 Assessing the Legality of Decisions
Get accessJan Wouters is Professor of International Law and International Organizations and Director of the Leuven Centre for Global Governance Studies—Institute for International Law at the University of Leuven
Jed Odermatt is Max Weber Fellow at the European University Institute.
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Published:06 November 2017
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Abstract
This chapter examines the legal/judicial accountability of international organizations (IOs). ‘Judicial review’ in reference to acts of IOs has been defined as ‘a process by which a court of law determines whether a legal person has acted substantively within the scope of its powers and procedurally in a correct manner’. Using this definition of review, we find that there is a serious lack of judicial review of acts of IOs at the international level. The chapter is organized as follows. The first part discusses the variety of IOs that are now active and the diverse types of acts they produce. It then examines the fora where these acts can be legally challenged. The next part examines the grounds for review upon which acts of IOs are challenged and the legal consequences that flow from an act found to be in violation of legal requirements. Finally, the chapter examines non-judicial review mechanisms, such as non-compliance and withdrawal from an organization. It concludes that the legal review of acts of IOs remains an underdeveloped area of the law of IOs, especially given the impact such acts can have on states and individuals.
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