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Inherent Jurisdiction over Organs and Officials

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Chapter Summary

The basic provisions concerning the internal organization of an intergovernmental organization are laid down in its constitution. The inherent powers of intergovernmental organizations are not confined to legislative and executive acts. The exclusive nature of the judicial power of the organization over its officials in internal disputes has been recognized by national courts in a number of decisions where such courts have declined competence in disputes between the organization and its officials arising out of the relationship of employment. The United Nations, unlike other intergovernmental organizations, in some early cases attempted to find an internal or national statutory basis for the non-application of national law to internal, organic relations of the organization, rather than rely upon its inherent internal autonomy. The organic jurisdiction is different from the powers which non-governmental organizations exercise over their organs and employees in that it is "sovereign".

Keywords:inherent jurisdiction; intergovernmental organizations; internal judicial power; internal legislation; organic jurisdiction; sovereign communities

10.1163/ej.9789004166998.i-606.31
/content/books/10.1163/ej.9789004166998.i-606.31
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