5 - Realising Access to Justice in Claims against International Organisations

Summary

This chapter proposes that a carefully crafted private international law-based framework allocates regulatory authority between the national and institutional orders so as to allow maintaining institutional independence without sacrificing access to justice. It is argued that the ideal approach to implement the proposed regime is through an international arrangement. Of course, international agreements can take time to negotiate. Given that private international law rules can be adjusted nationally without the need for action on the international plain, the proposed framework can be implemented even in the absence of immediate international action. It is submitted that private international law techniques can help bring to an end the denial of justice age for the victims of IO conduct. A conundrum that public international law has not been able to address for decades can readily be resolve using private international law.