Cover -- Half-title -- Series-title -- Title -- Copyright -- Contents -- Preface -- Acknowledgements -- Table of cases -- Argentine -- Austria -- Belgium -- Canada -- Chile -- Colombia -- Egypt -- France -- Germany -- Greece -- India -- Ireland -- Italy -- Jordan -- Lebanon -- Luxembourg -- Malaysia -- Mexico -- Netherlands -- New Zealand -- Nigeria -- Philippines -- Spain -- Switzerland -- Syria -- United Kingdom -- United States -- Arbitration -- European Commission of Human Rights -- European Court of Human Rights -- European Court of Justice -- ILO Administrative Tribunal -- Inter-American Commission on Human Rights -- International Court of Justice -- OAS Administrative Tribunal -- OECD Administrative Tribunal -- Permanent Court of International Justice -- UN Administrative Tribunal -- UN Human Rights Committee -- World Bank Administrative Tribunal -- Table of legal instruments -- Constituent instruments -- Multilateral privileges and immunities treaties -- Bilateral agreements -- Other treaties -- Statutes of international tribunals -- Other international documents -- National legislation -- Australia -- Austria -- Canada -- Denmark -- France -- Germany -- India -- Italy -- Japan -- Spain -- United Kingdom -- United States -- Abbreviations -- 1 Purpose, subject and methodology of this study -- Introduction -- Subject of the study -- International organizations -- Other international bodies -- International tribunals -- International public corporations -- International non-governmental organizations -- Transnational corporations -- Some further terminological clarifications -- Survey of existing material and literature -- Court decisions and other relevant practice -- Literature -- Methods -- Overall solutions versus topical jurisprudence -- Topical method as policy-and interest-based approach.

Types of cases involving international organizations before domestic courts -- Personal services rendered to international organizations -- Provision of movable and immovable property -- Tortious contacts -- Secondary disputes -- Consequences for the methods employed -- Part I Descriptive analysis -- 2 Avoidance techniques -- Non-recognition as a legal person under domestic law -- The problem before the courts -- The normal approach to domestic legal personality -- Different approaches between member and non-member states -- Sources of domestic legal personality -- Treaties -- Custom -- National legal rules -- The relevance of the international legal personality of international organizations for their domestic personality -- International legal personality -- The declarative or constitutive character of the conferment of domestic legal personality -- Judicial practice of avoiding dispute settlement by de-recognizing the domestic legal personality of international… -- Non-recognition of a particular act of an international organization - ultra viresacts and non-attributability -- Scope of domestic legal personality -- Sources determining the scope of domestic legal personality -- Treaties -- Custom -- Domestic legislation -- Resulting legal capacities in the domestic sphere -- Scope of functional international legal personality -- The legal effects of non-functional acts performed by international organizations as domestic legal persons in theory -- Content of domestic law ultra vires doctrine -- International ultra vires doctrine -- Explicitly addressing domestic legal personality -- Avoiding dispute settlement by referring to the limited scope of domestic legal personality in practice -- Prudential judicial abstention through doctrines concerning act of state, political questions, and non-justiciability -- The act of state doctrine.

Act of state considerations in abstaining from adjudicating lawsuits involving international organizations -- Political questions doctrine -- Court decisions using political questions doctrine -- Non-justiciability or acte de gouvernement doctrines -- Acte de gouvernement and non-justiciability considerations in abstaining from adjudicating lawsuits involving international… -- Lack of adjudicative power of domestic courts -- Judicial practice of abstention through respect for an exclusively competent forum -- Respecting choice of forum clauses providing for arbitration or other fora -- Judicial practice of abstention vis-à-vis foreign public law cases -- Judicial practice of abstention vis-à-vis subjects of international law and matters of international law -- Other reasons to deny jurisdiction: refusals to exercise implicit judicial review of decisions of international organizations -- No case or controversy -- Judicial discretion to prevent harassing lawsuits and mock trials -- According immunity to international organizations -- The dual, international and domestic nature of immunity -- Immunity as public international law question -- The potential for controversies -- Dispute settlement mechanisms -- Immunity as domestic legal question -- Domestic legislation -- Immunity and domestic procedural law -- International sources of jurisdictional immunity of international organizations -- Treaty law -- Constituent instruments -- General privileges and immunities treaties -- Bilateral headquarters and host agreements -- Unwritten immunity rules -- Custom as a source of immunities -- Customary immunity from suit of international organizations in non-member countries -- Immunity as a tool to deny jurisdiction in judicial practice -- Absolute immunity -- Applying restrictive immunity concepts widely -- Assuming customary rule of immunity.

3 Strategies of judicial involvement -- Non-qualification as international organization -- No delegation of immunity -- Recognition of an international organization as a legal person under domestic law -- Denying immunity -- Denying the international applicability of immunity instruments -- Denying the domestic direct applicability of international law -- Denying a potential customary rule in the absence of conventional immunity provisions -- Immunity as a non-issue -- Restricting the scope of immunity -- Restrictive immunity -- Restrictive judicial interpretation of treaty provisions according immunity -- The Italian 'reservation' to absolute immunity provisions -- Approximating restrictive immunity to functional immunity -- Applying state immunity standard to international organizations in the absence of any express rules: a 'customary' standard… -- The IOIA: incorporating FSIA standard of restrictive immunity? -- Implicit exceptions concerning real property and counterclaims -- Functional immunity -- Areas covered by functional immunity in court decisions -- Employment disputes -- Lease contracts -- Assertion of jurisdiction by qualifying activities outside the scope of functional immunity -- Broad waiver interpretation -- The possibility of an advance waiver in the absence of provision contemplating it in the relevant immunity regime -- Ad hoc waiver provisions -- Provisions that are silent on the question of waivers -- Waiver of immunity from enforcement measures -- Competent organ -- Implicit waivers -- Choice of law and choice of forum clauses -- Arbitration clauses -- Part II Policy issues -- 4 Rationales for judicial abstention -- The protection of the functioning and independence of an international organization -- Hostile domestic environment: prejudices -- Lack of familiarity with the issues -- Harassment aspect: costs of lawsuits.

A counterbalance to the relative weakness of international organizations -- The influence of states on an international organization should be channelled through its 'internal law' -- Equality of the member states of an international organization -- Securing uniformity in dispute settlement -- Derived or delegated state sovereignty -- Immunity as an inherent quality of international legal personality -- Lack of territory -- Precedent and prestige -- 5 Reasons for asserting jurisdiction -- Judicial protection as a public good sought by and against international organizations -- Making sense of immunity qualifications -- Encroachment on the territorial sovereignty of the forum state -- Higher degree of integration: the federal state analogy -- Enhancing the creditworthiness of international organizations as a functional reason to limit immunity -- No immunity for iure gestionis activities: the same immunity standard as the one used for states -- Equalization with states -- International organizations as subjects of international law -- Commercial activity exception regardless of trading person -- Enhanced judicial protection of private parties: commercial activities of international organizations -- Fairness to third parties -- Immunity as unjustifiable privilege potentially leading to a denial of justice -- Alternative dispute settlement in the case of immunity -- An alternative method: arbitration -- Alternative fora: administrative tribunals -- An international duty to establish administrative tribunals? -- Administrative tribunals extending their jurisdiction in order to avoid a denial of justice -- Do administrative tribunals protect fundamental or constitutional rights? -- Human rights and constitutional limits -- The right of access to court and jurisdictional immunity.

Are alternative fora sufficient to guarantee the right of access to courts?.