American Judicial Practice Of Privileges And Immunities Of International Organizations

When international organizations provide a convenient stage for global exchanges,they also lead to many contradictions.It is not uncommon for international organizations and their personnel to appear in domestic courts as the subject of prosecution,which involves discussions on privileges and immunities.Looking at the U.S.,since many international organizations are headquartered on its homeland,and it has joined a series of international agreements on privileges and immunities,in addition,it is the seat of the headquarters of the United Nations,the cases on this issue have always been extremely high.Looking at these typical cases,we are able to discover significant problems faced by U.S.courts in handling disputes.Due to the incomplete unity of the relevant legislative system in the U.S.,the controversial issue of limited immunity and absolute immunity has not yet formed a consensus at all levels in the U.S..Judging from the jurisprudence of the U.S.in recent years,the theory of limited immunity may be further adopted in the future.Furthermore,there is a fundamental issue in American judicial practice,which is the interpretation of the subjects of international organizations and their behaviors.Whether the identities of international organizations and their personnel can be recognized as the subject of legal rights,and whether their actions are within the scope of their functions,are issues that need to be properly explained by the court.The waiver of privileges and immunities is clearly stipulated in various legislative provisions and is often debated by parties in American judicial practice.Starting from the article itself and taking into account the specific behavior of the international organization,the U.S.courts generally hold that the international organization involved has not waived its privileges and immunities in the case of statutory waivers that need to be expressly made.This article is devoted to researching the privileges and immunities of international organizations in American judicial practice,and to finding the trajectories.First,establish the foundation by analyzing the basis of American judicial practice on this issue.Secondly,enter the American judicial practice from different perspectives to explore its characteristics.Then,it discusses the issue of nature of the privileges and immunities of international organizations,the interpretation of subjects and behaviors,and waiver of the privileges and immunities in the U.S.in detail.Finally,an effective and feasible inspiration conclusion is drawn.