tailieunhanh - International Organizations Before National Courts Part 7

Các tác giả đề nghị lập luận này thường không xây dựng hoặc giải thích chi tiết hơn. Vì vậy, nó vẫn chưa rõ ràng những gì các lý do cơ bản. | rationales for judicial abstention 249 no territory of their The authors proposing this argument usually do not elaborate or explain it in more detail. Thus it remains unclear what the underlying rationale is. It is not disputed that international organizations have no territory and that they consequently do not enact their own private law contracts torts etc. apart from administrative rules and organizational law. However this merely seems to exclude a potential choice of law as a result of rules of private international law . There simply is no tort law or contracts law of international organizations. Thus it will be the law of the commission of the act or of an international organization s seat or of the other contracting party which will However this has nothing to do with the procedural issue of jurisdiction over international organizations. A limitation based on governing laws seems to be no reason for denying jurisdiction over a suit against an international organization which is clearly subject to a certain legal order. One author develops the argument somewhat further by explaining that states could regulate by their internal law the possible legal recourses of private persons against them . whether by administrative or judicial procedure and thereby influence their accountability and protect themselves. Because they have no comparable legal order of their own this option would not be open to international This reasoning based on a comparison with the situation of states operating on foreign soil or with another jurisdictional link to a foreign sovereign is however not fully convincing. It is precisely in such situations that the 78 Morgenstern is of the opinion that international organizations having no territory of their own and thus necessarily operating within the jurisdiction of other legal systems should receive different treatment from states and consequently enjoy absolute immunity . Morgenstern Legal Problems .