chapter  10
15 Pages

International Organisations and Immunity from Jurisdiction: To Restrict or to Bypass

ByEmmanuel Gaillard, Isabelle Pingel-Lenuzza

The development of international organisations and the increasing significance of their role in a wide range of fields, has put at issue the adequacy of the rules governing their operation, with regard to the needs of modem justice. Academic writing equally takes a highly classical approach to analysing the scope of the immunity from jurisdiction of international organisations. The immunity from jurisdiction of international organisations is generally analysed by comparison with the immunity of States. There can be no doubt that it is appropriate to restrict the immunity from jurisdiction of international organisations where the functioning of the organisation is not at issue. International organisations have established various alternative means of dispute resolution to settle disputes to which they are parties. One of the types of dispute to which an international organisation is likely to be a party is a dispute involving members of its staff, in particular, civil servants.