Document Type

Article

Disciplines

International Law

Abstract

International organizations (IOs) have become increasingly significant actors in international relations and are now engaged in a wide range of activities, giving rise to potential disputes. The International Law Commission (ILC) is currently examining the settlement of disputes to which IOs are parties, and the Special Rapporteur has issued three reports addressing different categories of disputes. This paper reviews the ILC's work to date, withparticular attention to disputes involving private parties, where IOs' jurisdictional immunities may conflict with access-to-justice guarantees. In this regard, the Special Rapporteur's third report proposes Draft Guidelines 7 to 11, which specifically address the settlement of disputes between IOs and private parties. This article argues for a balanced immunity-access approach where immunity is respected, but only where IOs provide an independent, impartial, reasoned, and binding alternative forum. Where no such forum exists, domestic courts may exercise jurisdiction to avoid denial of justice. This article proposes model revisions to the Draft Guidelines and grounds its approach in the ECtHR proportionality analysis (Waite & Kennedy), post-2009 UN internal justice reforms, and comparative jurisprudence from a range of States.

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