International Organizations before National Courts

By August Reinisch | Go to book overview

Acknowledgements

This study was submitted as 'Habilitationsschrift' to the Law Faculty of the University of Vienna in 1997. I wish to express my gratitude to all friends and colleagues at the Institute of International Law and International Relations in Vienna who helped me during the various stages of preparing it.

My main debt of gratitude goes to Professor Hanspeter Neuhold, who did not only take up the arduous task of presiding over the faculty committee which accepted my thesis in 1998, but who also gave me constant encouragement and practical advice, initially, when delimiting the scope of my study and, later, when confirming my decision to wind it up without venturing into news fields. Equally, I benefited from the wise counsel and valuable comments of Professors Karl Zemanek and Gerhard Hafner. Special mention must also be made of emeritus Professor Ignaz Seidl-Hohenveldern from whose unique experience in the particular subject-matter of my work I benefited when discussing with him various aspects of my work.

I also greatly appreciated the critical remarks and comments of numerous other professors at the University of Vienna among them: Ena-Marlies Bajons, Peter Böhm, Peter Fischer, Christoph Grabenwarter, Hans Hoyer, Theo Öhlinger, Walter Rechberger, and Hannes Tretter. I should also like to thank the external member of the faculty committee, Professor Martti Koskenniemi, whose 'deconstruction' of my policy approach did not only enliven the thesis defense before the faculty committee, but whose suggestions were most helpful and were thus incorporated in the final version.

As regards my work in Washington D. C., particular thanks must go to Professor Christoph Schreuer, with whom I had many discussions on the

-xiii-

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International Organizations before National Courts
Table of contents

Table of contents

  • Title Page *
  • Contents vii
  • Preface xi
  • Acknowledgements xiii
  • Table of Cases xvii
  • Table of Legal Instruments lv
  • Abbreviations lxv
  • 1 - Purpose, Subject and Methodology of This Study 1
  • Part I - Descriptive Analysis 33
  • 2 - Avoidance Techniques 35
  • 3 - Strategies of Judicial Involvement 169
  • Part II - Policy Issues 231
  • 4 - Rationales for Judicial Abstention 233
  • 5 - Reasons for Asserting Jurisdiction 252
  • Part III - Future Developments 315
  • 6 - Do National Courts Provide an Appropriate Forum for Disputes Involving International Organizations? 317
  • 7 - Conclusions 391
  • Bibliography 394
  • Index 444
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