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On the Immunities of International Organizations

Author: FanXiaoMei
Tutor: XinChongYang
School: China University of Political Science
Course: International law
Keywords: International organizations Exempt Functions necessary
CLC: D99
Type: Master's thesis
Year: 2009
Downloads: 65
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Abstract

International organizations is an important part of the subject of international law, and increasingly important role in international exchanges. Activities of international organizations to infiltrate all aspects of international contacts and exchanges between countries. International organizations as a legal personality of the subject, both in respect to the international organization to run within the legal relationship, but also involves the legal relationship between the international organization and the external other legal entity. Exchanges inevitably there is a dispute, then this article is based on an important issue in the legal relations disputes involving international organizations, namely: issues of immunity of international organizations. In practice, the domestic courts in the face of disputes involving international organizations, one must first solve the problem is whether the international organization entitled to the question of immunity. It can be said that this problem is to deal with cases premise. This paper attempts to explore this issue from both theoretical and practical point of view. This article is divided into five parts: The first part describes the meaning of \Because different understanding of these two words also affect the practice of domestic courts on the different attitudes of the immunity. The author examines the scholars of different definitions of \institutions. The definition of immunity, the author focuses on the difference between \The main theory is that: the exemption from jurisdiction, is a procedural protection; privilege against legislative and administrative jurisdiction. This section also briefly describes the scope of the exemption. The first part reviews the historical development of the international organizations immunity. Originated in the national system of immunities of international organizations and diplomatic immunity. But with the development of theory and practice, with reference to diplomatic immunity and State immunity waiver to deal with international organizations become obsolete. Its own unique nature of international organizations also require a new system. The system of immunities of international organizations began a period of independent development. The second and third part examines the theoretical basis of the immunity of international organizations and relevant international organizations immunity legal documents. Immunities of international organizations the theoretical basis of the doctrine include: functions necessary to say, representative and equitable benefit. Functions need to say is one of the most important doctrine. In addition, the section also discusses the theoretical basis of the international organizations enjoy immunity in non-member countries. Exemption rules of the international organizations has been formed customary law is still not conclusive. Relevant international organizations immunity from legal documents section examines the basic documents of international organizations, multilateral treaties, the Headquarters Agreement. On the one hand inspection provisions specified by the text analysis, and provisions to strengthen the theoretical basis in reality, that the functions necessary indeed a dominant position; On the other hand, together with the theoretical basis as later Practices Analyzer on the basis of the study. The fourth section describes the treatment of domestic courts immunities of international organizations in the practice. Practice in the international organizations on the issue of immunity can be divided into two types, one is the practice of conferring immunity of international organizations, and the other is to reject the practice of conferring immunity of international organizations. This part of the above several parts, examine the practice court how to use a variety of theories, how to interpret the terms of the exemption. Was observed that the practice of the domestic courts is quite flexible. Part V based on the above theory and practice of analysis of the practice, the question of immunity of international organizations causes of different attitudes. The reason here is different from the theoretical basis. Theoretical basis may be one of the reasons, but in practice there are more reasons to take a different attitude can lead to different courts for the international organization's immunity. For example, the departure from the perspective of functions necessary in order to ensure the independence of international organizations, effective operation; ensure dispute resolution uncertainty; like.

On the Immunities of International Organizations

Abstract

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