{"title":"诉诸司法和国际组织:协调国家和机构法律秩序之间的管辖权,GULATI Rishi著。剑桥:剑桥大学出版社,2022年。xii+288页。精装本:160.95澳元。doi:10.1017/9781108946377","authors":"Ashwita Ambast","doi":"10.1017/s2044251323000073","DOIUrl":null,"url":null,"abstract":"“ We live in a denial of justice age when it comes to the individual pursuit of justice against [international organizations]. ” It is on this bold note that Rishi Gulati commences his evaluation of existing dispute resolution mechanisms (DRMs) involving international organizations in his recent book, Access to Justice and International Organisations . Taking as examples prominent existing DRMs, such as the United Nations (UN) Administrative Tribunal and International Labour Organization Administrative Tribunal, Gulati argues that prevailing mechanisms to resolve disputes involving international organizations (IOs) fail to discharge the standard of “ good administration of justice ” (p. 35). Gulati develops a detailed framework for what comprises “ good administration of justice ” by referencing institutional, decisional, personal independence, impartiality, and fairness (pp. 42 – 66), and drawing on principles of private international law to fill what he identi-fies as the “ denial of justice ” gap faced by entities that interact with IOs. Gulati then con-siders that DRMs and national courts possess concurrent jurisdiction over disputes involving IOs and that private international law techniques should be used to determine which forum should exercise adjudicatory jurisdiction in any particular case (p. 199). Gulati proposes that national courts should exercise jurisdiction over a dispute where the IO ’ s impugned action falls outside its functional immunities and a DRM has failed to take jurisdiction over a matter or where a DRM may have taken jurisdiction over the matter but fails to meet the “ good administration of justice ” standard. In doing so, national courts may use principles of private international law to determine what law to apply to the dispute (which may include international law or transnational law) (p. 217). Gulati ’ s work progresses the substantial, growing scholarship about the responsibilities of IOs. Section 29 of the Convention on the Privileges and Immunities of the UN","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"188 - 189"},"PeriodicalIF":0.7000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Access to Justice and International Organisations: Coordinating Jurisdiction between the National and Institutional Legal Orders by GULATI Rishi. 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Gulati develops a detailed framework for what comprises “ good administration of justice ” by referencing institutional, decisional, personal independence, impartiality, and fairness (pp. 42 – 66), and drawing on principles of private international law to fill what he identi-fies as the “ denial of justice ” gap faced by entities that interact with IOs. Gulati then con-siders that DRMs and national courts possess concurrent jurisdiction over disputes involving IOs and that private international law techniques should be used to determine which forum should exercise adjudicatory jurisdiction in any particular case (p. 199). Gulati proposes that national courts should exercise jurisdiction over a dispute where the IO ’ s impugned action falls outside its functional immunities and a DRM has failed to take jurisdiction over a matter or where a DRM may have taken jurisdiction over the matter but fails to meet the “ good administration of justice ” standard. In doing so, national courts may use principles of private international law to determine what law to apply to the dispute (which may include international law or transnational law) (p. 217). Gulati ’ s work progresses the substantial, growing scholarship about the responsibilities of IOs. 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Access to Justice and International Organisations: Coordinating Jurisdiction between the National and Institutional Legal Orders by GULATI Rishi. Cambridge: Cambridge University Press, 2022. xii + 288 pp. Hardcover: AUD$ 160.95. doi: 10.1017/9781108946377
“ We live in a denial of justice age when it comes to the individual pursuit of justice against [international organizations]. ” It is on this bold note that Rishi Gulati commences his evaluation of existing dispute resolution mechanisms (DRMs) involving international organizations in his recent book, Access to Justice and International Organisations . Taking as examples prominent existing DRMs, such as the United Nations (UN) Administrative Tribunal and International Labour Organization Administrative Tribunal, Gulati argues that prevailing mechanisms to resolve disputes involving international organizations (IOs) fail to discharge the standard of “ good administration of justice ” (p. 35). Gulati develops a detailed framework for what comprises “ good administration of justice ” by referencing institutional, decisional, personal independence, impartiality, and fairness (pp. 42 – 66), and drawing on principles of private international law to fill what he identi-fies as the “ denial of justice ” gap faced by entities that interact with IOs. Gulati then con-siders that DRMs and national courts possess concurrent jurisdiction over disputes involving IOs and that private international law techniques should be used to determine which forum should exercise adjudicatory jurisdiction in any particular case (p. 199). Gulati proposes that national courts should exercise jurisdiction over a dispute where the IO ’ s impugned action falls outside its functional immunities and a DRM has failed to take jurisdiction over a matter or where a DRM may have taken jurisdiction over the matter but fails to meet the “ good administration of justice ” standard. In doing so, national courts may use principles of private international law to determine what law to apply to the dispute (which may include international law or transnational law) (p. 217). Gulati ’ s work progresses the substantial, growing scholarship about the responsibilities of IOs. Section 29 of the Convention on the Privileges and Immunities of the UN