Remedies against International Organisations (Cambridge Studies in International and Comparative Law)
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International organizations have become major players on the international scene, whose acts and activities affect individuals, companies and states. Damage to interests or violation of rights sometimes occur (such as during peacekeeping operations). Wellens considers the remedies available to potential claimants such as private contractors, staff members or anyone suffering damage. Can they turn to an ombudsman or national courts, or do they have to rely on support by their own state? Are the remedies provided by international organizations adequate? Wellens' study includes suggestions for alternative remedial options.
awards, and settlement payments, pending arbitration cases and measures taken or proposed to prevent or reduce contract disputes, which may lead to arbitration in the future. In his Report submitted on 14 October 1999 the UN Secretary-General pointed out that given ‘the risks and costs associated with arbitration, every effort is made, consistent with the interests of the Organisation, to reach negotiated settlements of contract claims with contractors. This has proved private claimants 95
involved in a particular action; conversely, the granting of immunity to staff members also protects the international organisation concerned: that is the reciprocal protective function of these immunities. The ICJ afﬁrmed that it is a generally recognised principle of procedural law that questions of immunity should be expeditiously decided in limine litis.5 ‘The question of the legal personality of International Organisations precedes that of jurisdictional immunity, even in Member States, but
international 44 45 46 Gray, Judicial Remedies, p. 215. Of course, there is a sharp contrast between the practice of almost every international organisation where judicial decisions only play a small part, if any, in controlling the activities of the organs of the organisation and the system applied within the European Community: Gray, Judicial Remedies, p. 120. It is ‘the responsibility of the head of mission to ensure that personnel under his or her command behave in accordance with United
p. 449. 37 Ibid., p. 476. 38 Ibid., pp. 468–9. 39 Ibid., p. 494. Ibid., p. 451. remedial outcome for staff members 153 damage must not be too remote or indirect; and only actual loss will be compensated.40 It certainly cannot be said that in the decisions by the UNAT and ILOAT to award damages the most signiﬁcant factors are the character of the applicant, the unanimity of the court and the procedural or substantive nature of the right violated.41 On the other hand, the UNAT and ILOAT’s case
p. 202. P. Bekker, ‘The Work of the International Law Commission on Relations between States and International Organisations Discontinued: An Assessment’, LJIL 6 (1993), 3–16. pre-remedial action 175 state-oriented rules to international organisations as the other main actors on the international scene. It is equally important from a pre-remedial point of view that all the actors involved, and certainly the organisation concerned, should take the necessary measures to disseminate – on a wide