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Independent Functioning Of International Organizations

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Chapter Summary

The independent functioning of international organizations and their officials, says the International Court of Justice, must be respected by all States including the State of nationality and the State of residence; they should abstain from any measure that interferes with such functioning. In other words, ne impediatur official. The general view is that national taxation of the institutional income of the international civil servant impacts on the operation of the principle of ne impediatur official. The study prepared by the United Nations' Secretariat on the practice of the organization, its specialized agencies and the International Atomic Energy Agency concerning their status, privileges and immunities for the International Law Commission, lends support for the view that if left unaddressed, the exercise of the national jurisdiction to tax, can significantly impact on the international organizations' freedom to select the best possible staff.

Keywords: international civil servant; International Organization; ne impediatur official

10.1163/ej.9789004178441.i-338.16
/content/books/10.1163/ej.9789004178441.i-338.16
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