Gulasaryan, A.S. Responsibility of international organizations and national courts

Abstract: In this article for the first time in the Russian international law doctrine, the author analyzes the issues of responsibility of international organizations in the national courts. The author provides large amount of judicial practice by both international and national courts, which shows the need to limit the immunity of international organizations in order guarantee the rights of individuals for the judicial protection, as enshrined by various international legal documents. The article includes detailed analysis of positions of Russian and foreign legal scholars on this problem. The author then offers a concept for the so-called alternative means of dispute resolution (administrative tribunals of international organizations, arbitration) as a possible option for applying the limitations to the immunity of international organizations in the national courts. Such a healthy evolution of approaches is aimed to guarantee the access to justice. At the same time, the authors point out that in the absence of adequate alternative mechanisms for the legal protection, the states may breach their international obligations in the sphere of human rights.

Keywords: