Cristiani v. Italian Latin-American Institute

Abstract

International organizations — Immunity — Jurisdictional immunity — Whether entitlement of international organization to immunity dependent upon existence of international legal personality — Relevance of non-ratification by forum State of headquarters agreement granting privileges and immunities to organization — Immunity for acts and relationships connected with essential functions of organization — Employment relationships — Whether permanent employment relationships are inherently connected with organizational functions — Distinction between State immunity and immunity of international organizations in relation to employment relationships — European Convention on State Immunity, 1972, Article 5

International organizations — Personality — Concept of international legal personality — Whether inherent in international organizations or dependent upon express treaty provision — Italian Latin-American Institute — Convention of 1 June 1966 establishing Institute — Express provision for legal personality (Article II) — Headquarters Agreement, 1969 — Non-ratification by forum State — Whether affects rights of organization under international law

Sources of international law — Treaties — European Convention on State Immunity, 1972 — Whether declaratory of existing rules of customary international law — Whether applicable to States not party to the Convention — Whether criteria for immunity contained in its provisions applicable to international organizations — The law of Italy