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Access to Justice and International Organisations

Coordinating Jurisdiction between the National and Institutional Legal Orders

Rishi Gulati (London School of Economics and Political Science)

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Hardback

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English
Cambridge University Press
17 March 2022
We live in a denial of justice age when it comes to the individual pursuit of justice against international organisations (IOs). Victims of institutional conduct are generally not provided reasonable means of dispute settlement at the international level. They also have been unable to seek justice at the national level due to IO immunities, which aim to secure institutional independence. Access to justice and IO independence are equally important values and realising them both has so far proven elusive. Private international law techniques can help allocate regulatory authority between the national and institutional orders in a nuanced manner by maintaining IO independence without sacrificing access to justice. As private international law rules can be adjusted nationally without the need for international action, the solution proposed can be readily implemented, thereby resolving a conundrum that public international law has not been able to address for decades.

By:  
Imprint:   Cambridge University Press
Country of Publication:   United Kingdom
Edition:   New edition
Dimensions:   Height: 235mm,  Width: 158mm,  Spine: 21mm
Weight:   510g
ISBN:   9781108837545
ISBN 10:   1108837549
Pages:   288
Publication Date:  
Audience:   College/higher education ,  Further / Higher Education
Format:   Hardback
Publisher's Status:   Active
Introduction Rishi Gulati; 1. International organisations and their access to justice obligation Rishi Gulati; 2. The criteria for assessing the appropriateness of dispute resolution mechanisms at international organisations Rishi Gulati; 3. Assessing dispute resolution mechanisms at international organisations Rishi Gulati; 4. The nature of institutional immunities: A conundrum yet to be resolved Rishi Gulati; 5. Realising access to justice in claims against international organisations: Coordinating regulatory authority between the national and institutional legal orders Rishi Gulati; Conclusion Rishi Gulati.

Dr Rishi Gulati has a Bachelor of Laws (Hons) from the Australian National University, Advanced Masters in Public International Law from Leiden University and PhD from King's College London. He has taught international law at the world's top universities, and as Barrister, regularly appears before international courts and tribunals.

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