Jurisdictional Immunity of International Organizations – ILC Special Rapporteur Gaja

The Document (Jurisdictional Immunity of International Organizations – Annex II Report of the International Law Commission 2006 vol. II, Part I) suggests to include the topic of jurisdictional immunities of international organizations in the International Law Commission current agenda. The document emphasizes that the relevance of such topic rests on the over-increasing activities of international organizations and on the issues emerged in the practice.

According to the document, the main issues raised by the topic include: the  exercise of jurisdiction, effects of participation in a property cases, participation in companies or other collective bodies, immunity from measures of constraint in connection with proceedings before courts, in relation to jurisdictional immunities of international, the role of alternative modes of dispute settlement. Furthermore, according to the document, an analysis of the legal basis of jurisdictional immunities is required, in order to evaluate the possible existence of rules of general international law and whether the legal regime of State immunity could be extended to international organizations.