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Part VIII International Institutional Law, Ch.49 Privileges and Immunities

August Reinisch

From: The Oxford Handbook of International Organizations

Edited By: Jacob Katz Cogan, Ian Hurd, Ian Johnstone

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 October 2022

Membership of international organizations — International organizations, practice and procedure — Resolutions of international organizations

International organizations (IOs) require a broad range of privileges and immunities in order to carry out their tasks independently from any interference by the domestic law and courts of host or other states. Recently, the growing scope of activities of IOs coupled with a heightened rights-awareness of those who might be negatively affected by broad privileges and immunities of IOs has raised questions about the legitimacy of sweeping privileges and, in particular, of often de facto absolute immunity from the jurisdiction of domestic courts. This chapter outlines the development of privileges and immunities of IOs. It focuses on how the standard of ‘functional’ immunity has been applied in practice. It also assesses future perspectives concerning the challenges to and continued justification of such a ‘preferential’ legal position.

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