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Part V The Implementation of International Responsibility, Ch.74 Functional Protection

Myriam Benlolo Carabot, Muriel Ubéda-Saillard

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 May 2024

Ultra Vires conduct — Reparations — Diplomatic protection — Immunity from jurisdiction, states — Immunity from jurisdiction, ratione materiae
Functional protection is an ‘expression … which denotes the action that is analogous to the protection of nationals abroad, through which an international organisation … demands respect for international law with regard to its agents and the reparation of harms caused in breach of this right’.1 This comparison should nevertheless not obscure the specificity of this protection mechanism for individuals who are in the service of international organizations, which differs fundamentally from other procedures such as diplomatic protection, even if in the end it pursues...
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