OAS Practical Guide on the jurisdictional immunities of international organizations

The Inter-American Juridical Committee adopted the Practical Guide on the jurisdictional immunities of international organizations to shed light on the legal regime of jurisdictional immunities of international organizations.

The Guide is based on the practice of international organizations and domestic courts and tribunals. It consists of a set of 10 guidelines with commentaries, elucidating the comprehensive regime and practice regarding jurisdictional immunity of international organizations.

In particular, the Guide clarifies that jurisdictional immunities of international organizations are derived from the intent of their Member States, expressed in constituent treaties or agreements on privileges and immunities and are granted to international organizations to enable them to accomplish their object and purpose (Guideline 1 Legal Basis; Guideline 2 Objective of jurisdictional immunities). According to the Guide, international organizations, their property, and assets enjoy immunity from all judicial proceedings regarding acts carried out in the pursuit of their object and purpose, except in cases in which the organization expressly waives that immunity (Guideline 3 Scope of immunity). However, the Guide recognizes that international organizations lack jurisdictional immunities for activities in which they participate as actors in the marketplace, that do not compromise the autonomy of the organization (Guideline 4 Limits to jurisdictional immunity).

The Guide also stresses that international organization should provide adequate and effective mode of dispute resolutions to safeguard the individual right of access to a remedy (Guidelines 5 and 6). It also highlights that international organizations have a duty to cooperate at all times with the receiving State to facilitate the proper administration of justice, guarantee the observance of the domestic legal system and prevent abuses in the in the enjoyment of immunities and privileges (Guideline 7 Observance of domestic legal system).