Proefschrift: Liability of international organisations towards private parties

Proefschrift: Liability of international organisations towards private parties

In the context of the accountability of international organisations, this PhD thesis focuses on the obligation of the United Nations - like many other organisations - to 'make provisions for appropriate modes of settlement of [...] disputes of a private law character' to which it is a party - and considers the liability of international organisations towards private parties (excluding the personnel of the organisation). As a rule, when an international organisation is sued before a domestic court, the former can claim immunity from jurisdiction. Accordingly, the dispute cannot be adjudicated by such a court. This is an essential safeguard to the independence of international organisations. At the same time, international organisations are often under treaty obligations to provide alternative remedies for the settlement of disputes of a ‘private law character’. It is submitted that in discharging this obligation, organisations should adopt a systematic approach in conformity with the rule of law.