Chapter

Conclusion

August Reinisch

in Challenging Acts of International Organizations Before National Courts

Published in print September 2010 | ISBN: 9780199595297
Published online January 2011 | e-ISBN: 9780191595752 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595297.003.0011
Conclusion

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This concluding chapter returns to the working hypotheses formulated in the introduction and assesses how far the individual chapters have confirmed or disproved them. The contributions have confirmed the need of judicial review given the increasing attempts of international organizations to directly regulate individual behaviour. Irrespective of the form of incorporation of international law in the domestic order, courts have started to exercise various forms of indirect review although they are bound to review only the domestic implementing act. Reliance on the Solange reasoning showed that there is need for an implicit decentralized review particularly when fundamental values are at stake. The case law also confirms that the policy rationale underlying both judicial review and jurisdictional immunity tend to converge. This indicates a trend towards an increased accountability of international organizations due to the activity of national courts.

Keywords: accountability; responsibility; international organizations; judicial review; Solange case; indirect review; immunity

Chapter.  9116 words. 

Subjects: Constitutional and Administrative Law

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