Immunities of organizations under international law: Reflections in light of Jam v International Finance Corporation
The immunity of international organizations before and after Jam v IFC: Is the functional necessity rationale still relevant?
1. Introduction While the International Court of Justice held that State immunity ‘derives from the principle of sovereign equality of States’,[1] it has been widely accepted that the immunity of international organizations (IOs) is based on the principle of ‘functional necessity’: immunities are necessary to shield IOs from unilateral intervention by member States, so as...
To what immunities are international organizations entitled under general international law? Thoughts on Jam v IFC and the ‘default rules’ of IO immunity
1. Introduction Section 2(b) of the US International Organizations Immunities Act 1945 (IOIA) prescribes that designated international organizations ‘shall enjoy the same immunity from foreign suit and every form of judicial process as is enjoyed by foreign governments’. This outwardly straightforward provision seems to bring States and international organizations (IOs) under a common immunity regime...
