scholarly journals The immunity of international organizations in labour disputes: developments before international tribunals, national courts and the Colombian jurisdiction

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Walter Arevalo-Ramirez ◽  
Ricardo Abello-Galvis
Keyword(s):  
International Organizations ◽  
National Courts ◽  
International Tribunals ◽  
Labour Disputes

Features of ILM for the 1960's

1969 ◽  
Vol 8 (I1) ◽  
pp. xi-xii
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Developed Countries ◽  
Military Force ◽  
International Arbitration ◽  
National Courts ◽  
The Developed Countries

The contents of ILM for the period from 1962 to 1969 reflect several significant developments: (1) the entry on the international scene of many new countries and their establishment of relations with the developed countries, particularly in the fields of commerce and trade and of investment; (2) the prevalence of armed conflict and the use of military force in the unsettled conditions resulting from the decolonization process and from continued antagonisms between the superpowers; (3) the pervasive role of international organizations, both global and regional, general and specialized; and (4) the continued predominance of national courts in the judicial consideration of questions of international law and the shift from general to specialized tribunals in the resolution of disputes by international arbitration and adjudication.

Rwanda's national criminal courts and the International Tribunal

1997 ◽  
Vol 37 (321) ◽  
pp. 717-731 ◽  
Author(s):  
Olivier Dubois
Keyword(s):  
International Tribunal ◽  
Criminal Courts ◽  
National Courts ◽  
Complementary Nature ◽  
International Tribunals

Questions inevitably arise about the concurrent competence and complementary nature of an international tribunal and national courts, and about cooperation between them. Those questions may well apply to any State on earth because, by virtue of the principle of universal competence, many crimes which international tribunals are competent to try may also be tried by any State irrespective of the place where they are committed or the nationality of the perpetrator.

Part III The Current International Law of State Immunity, 14 Immunity from Adjudication: The Employment Exception in respect of (1) A Foreign State and (2) An International Organization

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
Collective Bargaining ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Labour Law ◽  
National Courts ◽  
State Immunity ◽  
Foreign State ◽  
Standard Terms ◽  
Sick Pay

This chapter examines the exception for employment as it pertains to States and international organizations. Whilst the employment — its terms for performance, remuneration, including sick pay, overtime, and other benefits, notice and procedures for dismissal or termination — may be provided in an individual contract or imported from standard terms of employment or collective bargaining agreements, there may also be a considerable overlay of statutory or mandatory provisions that the national labour law imposes or in respect of which increasingly the forum State has assumed regional or international law obligations. There are also certain generally accepted practices relating to employment to be taken into account in considering the scope of the immunity of a foreign State and international organization as regards employment claims brought before the national courts of another State.

International Organizations: the Untouchables?

2014 ◽  
Vol 10 (2) ◽  
pp. 259-275 ◽  
Author(s):  
Niels Blokker
Keyword(s):  
International Organizations ◽  
National Courts

Immunity rules belong to the traditional standard rules of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. This understanding is generally founded on the principle of functional necessity: international organizations need immunity in order to be able to perform their functions. However, the principle of the immunity of international organizations is increasingly criticized: if national courts cannot exercise jurisdiction over international organizations, who can? After outlining the intentions behind convening this Forum, this paper will discuss the origin of the immunity rules of international organizations. Next, it will give a brief overview of the codification of such rules, both in the 1940s and in recent years. Finally, it will present some observations on the question of whether there is a need to ‘update’ or revise the current immunity rules of international organizations.

The Relations Between International Tribunals of Arbitration and the Jurisdiction of National Courts

1909 ◽  
Vol 3 (3) ◽  
pp. 529-536 ◽  
Author(s):  
Elihu Root
Keyword(s):  
Judicial System ◽  
Special Consideration ◽  
Final Decision ◽  
International Arbitration ◽  
National Courts ◽  
International Tribunals ◽  
The Government

The growing tendency towards international arbitration brings into special consideration and importance the relation between the jurisdiction of national courts of justice and international tribunals of arbitration.When one nation urges claims in behalf of its citizens upon the government of another nation and proposes arbitration, how far doea that other nation’s respect for its own independent sovereignty and for the integrity of its own judicial system require it to insist that the claims be submitted for final decision to its own national courts?The true basis for the consideration of this question is in the nature oi the obligation which constrains a nation to submit questions to any tribunal whatever.

Privileges and Immunities of the World Health Organization

2014 ◽  
Vol 10 (2) ◽  
pp. 349-372
Author(s):  
Gian Luca Burci ◽  
Egle Granziera
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Protection ◽  
Added Value ◽  
World Health ◽  
National Courts ◽  
The World ◽  
Democratic Control ◽  
Protection Of Human Rights ◽  
Health Organization

This paper presents a brief overview of the World Health Organization’s experience with privileges and immunities, focusing on the sources of its privileges and immunities and the challenges encountered in asserting them and securing their respect. This overview will demonstrate how complex and sometimes elusive the legal protection afforded to the WHO can be. Although the rationale for the WHO’s privileges and immunities is constitutionally founded on the notion of functional necessity,1 the scope and limits of its functions can be blurred or shifting. While the WHO has not faced the dramatic challenges to or denials of its privileges and immunities that other organizations have encountered, the trend of progressive erosion of legal protection in the name of accountability, democratic control by national courts, the protection of human rights and shifting perceptions of the ‘added value’ of international organizations may eventually require a conscious and strategic revision by the international community of the model of international cooperation represented by international organizations.

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