Overcoming immunity: the impact of domestic court decisions on the enforcement of the fair trial obligations of international organisations
<p>This thesis examines whether decisions of domestic courts in cases involving International Organisations (IOs) have the effect of enforcing, i.e., promoting compliance by IOs with, their obligation to ensure fair trial rights to individuals. This results in turn in the increased adjudicatio...
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| Format: | Thesis |
| Language: | English |
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2022
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| _version_ | 1826315449828114432 |
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| author | Dias Mudalige, S |
| author2 | Redgwell, C |
| author_facet | Redgwell, C Dias Mudalige, S |
| author_sort | Dias Mudalige, S |
| collection | OXFORD |
| description | <p>This thesis examines whether decisions of domestic courts in cases involving International Organisations (IOs) have the effect of enforcing, i.e., promoting compliance by IOs with, their obligation to ensure fair trial rights to individuals. This results in turn in the increased adjudication and enforcement of the responsibility of IOs for the breach of their legal obligations.</p>
<p>The thesis establishes firstly that IOs bear obligations under international law to ensure fair trial rights to private persons affected by their conduct. Secondly, it considers whether (a) the practice of domestic and international courts and tribunals or (b) the application of a different rule of international law renders the denial of immunity to IOs and the exercise of jurisdiction by domestic courts in claims against IOs lawful in situations where individuals’ fair trial rights are not ensured. Thirdly, assuming that there is no lawful basis for domestic courts to deny immunity to IOs in instances where the claimant’s fair trial rights are not upheld, the thesis considers whether the decisions of domestic courts trigger reactions from States and IOs that result in IOs complying with their fair trial obligations.</p>
<p>The thesis makes two claims — (a) that the practice of domestic and international courts has not resulted in the immunity of IOs before domestic courts becoming subject to the satisfaction of the claimant’s fair trial rights and that the application of the rules allowing for the suspension of treaty obligations on account of material breach and countermeasures constitute plausibly but not conclusively lawful means for denying immunity to IOs in situations where the claimant’s fair trial rights have not been ensured; and (b) that even if there are no means to lawfully deny immunity to IOs due to the violation of the claimant’s fair trial rights, the decisions of domestic courts in claims against IOs, including those that deny immunity to IOs and also those that do not deny immunity, but signal to States and IOs that IOs’ fair trial obligations must be fulfilled, have the effect of triggering reactions from States and IOs that result in IOs incrementally complying with their fair trial right obligations.</p> |
| first_indexed | 2024-03-07T07:51:26Z |
| format | Thesis |
| id | oxford-uuid:037e434e-ff1b-485b-ae89-665f1cc10222 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-12-09T03:25:52Z |
| publishDate | 2022 |
| record_format | dspace |
| spelling | oxford-uuid:037e434e-ff1b-485b-ae89-665f1cc102222024-12-01T09:32:33ZOvercoming immunity: the impact of domestic court decisions on the enforcement of the fair trial obligations of international organisationsThesishttp://purl.org/coar/resource_type/c_db06uuid:037e434e-ff1b-485b-ae89-665f1cc10222International lawEnglishHyrax Deposit2022Dias Mudalige, SRedgwell, CTzanakopoulos, A<p>This thesis examines whether decisions of domestic courts in cases involving International Organisations (IOs) have the effect of enforcing, i.e., promoting compliance by IOs with, their obligation to ensure fair trial rights to individuals. This results in turn in the increased adjudication and enforcement of the responsibility of IOs for the breach of their legal obligations.</p> <p>The thesis establishes firstly that IOs bear obligations under international law to ensure fair trial rights to private persons affected by their conduct. Secondly, it considers whether (a) the practice of domestic and international courts and tribunals or (b) the application of a different rule of international law renders the denial of immunity to IOs and the exercise of jurisdiction by domestic courts in claims against IOs lawful in situations where individuals’ fair trial rights are not ensured. Thirdly, assuming that there is no lawful basis for domestic courts to deny immunity to IOs in instances where the claimant’s fair trial rights are not upheld, the thesis considers whether the decisions of domestic courts trigger reactions from States and IOs that result in IOs complying with their fair trial obligations.</p> <p>The thesis makes two claims — (a) that the practice of domestic and international courts has not resulted in the immunity of IOs before domestic courts becoming subject to the satisfaction of the claimant’s fair trial rights and that the application of the rules allowing for the suspension of treaty obligations on account of material breach and countermeasures constitute plausibly but not conclusively lawful means for denying immunity to IOs in situations where the claimant’s fair trial rights have not been ensured; and (b) that even if there are no means to lawfully deny immunity to IOs due to the violation of the claimant’s fair trial rights, the decisions of domestic courts in claims against IOs, including those that deny immunity to IOs and also those that do not deny immunity, but signal to States and IOs that IOs’ fair trial obligations must be fulfilled, have the effect of triggering reactions from States and IOs that result in IOs incrementally complying with their fair trial right obligations.</p> |
| spellingShingle | International law Dias Mudalige, S Overcoming immunity: the impact of domestic court decisions on the enforcement of the fair trial obligations of international organisations |
| title | Overcoming immunity: the impact of domestic court decisions on the enforcement of the fair trial obligations of international organisations |
| title_full | Overcoming immunity: the impact of domestic court decisions on the enforcement of the fair trial obligations of international organisations |
| title_fullStr | Overcoming immunity: the impact of domestic court decisions on the enforcement of the fair trial obligations of international organisations |
| title_full_unstemmed | Overcoming immunity: the impact of domestic court decisions on the enforcement of the fair trial obligations of international organisations |
| title_short | Overcoming immunity: the impact of domestic court decisions on the enforcement of the fair trial obligations of international organisations |
| title_sort | overcoming immunity the impact of domestic court decisions on the enforcement of the fair trial obligations of international organisations |
| topic | International law |
| work_keys_str_mv | AT diasmudaliges overcomingimmunitytheimpactofdomesticcourtdecisionsontheenforcementofthefairtrialobligationsofinternationalorganisations |