tailieunhanh - International Organizations Before National Courts Part 3

Rõ ràng, khả năng miễn dịch cho một nhóm người nhất định không phải là trung lập, nhưng thay vì đơn phương đặt gánh nặng khi các bên tìm kiếm tư pháp Trong số những học thuyết khác có thể bao gồm lý thuyết của 'không công nhận'. | avoidance techniques 37 ticular those which appear to be neutral in the sense of not to favour specific persons. Clearly immunity for a certain group of persons is not neutral but rather unilaterally places the burden upon the party seeking judicial Among those other doctrines may be included non-recognition theories relating to a concept of the legal personality of international organizations or to the legal significance of their activities procedural law requirements relating to the ripeness or justiciability of a dispute that might disqualify certain issues from judicial scrutiny 6 and the political questions act of state or similar doctrines. Compared to these broader and not necessarily international-law-related concepts the issue of immunity is more concrete and will serve as a method of last resort for courts to avoid adjudication of a claim against an international organization. Non-recognition as a legal person under domestic law Legal personality is generally regarded as the capability to possess rights and duties under a specific system of An international organization s status as a legal juridical or juristic person8 under domestic law is a prerequisite not only for entering into legal relationships 9 but 5 The subsequent analysis will try to show that the prima facie neutrality of other avoidance doctrines is not necessarily impartial in all cases. 6 Those requirements of domestic procedural law generally apply to cases with an international aspect as well as to domestic cases. . it appears well accepted in the US that principles as to jurisdiction standing mootness ripeness etc. apply to foreign relations cases as to others. Restatement Third of the Law The Foreign Relations Law of the United States ed. American Law Institute St Paul MN 1987 1 Reporters Note 4. The conclusion seems well founded since these adjudicative principles relate to a court s power of decision-making in general. 7 Klaus F. Rohl Allgemeine Rechtslehre Cologne