The Inter-American Juridical Committee (CJI), at
its most recent Regular Session, held in August
2018, adopted a “Practical
Application Guide on the Jurisdictional
Immunities of International Organizations” to serve as input for international
organizations in their juridical relations with
host States and actors involved in the
negotiation of future headquarters agreements,
and for advance resolution of any disputes in
this area that might arise in the region. For
the Guide, the CJI took into consideration the
best practices followed by States, international
organizations, and international and domestic
courts in relation to the immunity of
international organizations, for incorporation
in the Guide of those elements it deemed
relevant.
The Practical Guide contains the following 10
guidelines: the legal basis for the
jurisdictional immunity of international
organizations; the objective, scope, and limits
of jurisdictional immunities; means of dispute
resolution; characteristics of dispute
resolution mechanisms; observance of the
domestic legal system; appearance before
national courts; immunity from enforcement; and
waiver of jurisdictional immunity.
The CJI forwarded the above-mentioned document to the Permanent Council for its consideration by the Committee on Juridical and Political Affairs, and recommended that it consider referring it to the General Assembly of the Organization.
» To see the Resolution,
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»To see the Report,
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»To see the Reasoned Vote,
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For further information on this matter, please contact the Department of International Law of the OAS – Technical Secretariat of the Inter-American Juridical Committee +1 202 370 0743.