Reasons for asserting jurisdiction
The following discussion looks at the rationales that are or should be used by courts in asserting jurisdiction over international organizations. It will focus on the reasons for denying or at least restricting the jurisdictional immunity of international organizations as the major abstention rationale.
It starts with a contextual argument,1 and progresses via systematic reasoning2 to material policy grounds addressing the interests of international organizations3 and of third parties potentially affected by an organizations' immunity.4
The availability of judicial assistance to safeguard one's rights can be viewed as a 'public good' sought not only by individuals against international organizations,5 but also by international organizations in asserting their rights against individuals. Further, the jurisdiction of domestic courts is in the interest not only of an individual or organization seeking their assistance but may also be in the broader interest of the forum state in exercising jurisdiction as a manifestation of public authority.
In Arab Monetary Fund v. Hashim (No. 3),6 where the judicial protection of____________________