Title: Procedural aspects of remedial action by private claimants
Abstract: Section 29(a)–(b) of the General Convention on the Privileges and Immunities of the UN and the corresponding section 31(a)–(b) of the Convention on the Privileges and Immunities of Specialised Agencies require these international organisations to make provision for appropriate means of settlement. Pierre Klein rightly observed that given the rationale of this obligation, namely to respect the fundamental rights of the individual and to ensure a due process of law, it does impose itself on every international organisation even without special provisions. If by way of the holding-harmless clause the private claimant is directed towards the domestic legal system of the host state, then this implies the potential for additional, different procedural obstacles arising from that system's particular structure, for example with regard to the individual's judicial protection vis-à-vis national administrative authorities.
Publication Year: 2002
Publication Date: 2002-03-07
Language: en
Type: book-chapter
Indexed In: ['crossref']
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