New judicial formulas to face cases of vulneration of human rights by international organizations

Abstract

The immunity of jurisdiction of International Organizations has been based on various theories Law, which are usually grouped in the absolute thesis, the relative thesis and the functional thesis. These theories have not been sufficient to respond to the current judicial problems in which international organizations have been involved in various countries of the world. As a result of this, several specialists of great prestige have delivered countless ideas to face these new problems. Also, various courts have been building new theses that respond to the current international reality in which these organizations are moving. Today it might be possible to build a new thesis from the perspective of the legal doctrine of Public International Law. Indeed, some international and national courts of different countries have faced this issue from a different perspective, according to a theory that could be called the principle of quid pro quo (or reciprocity). The authors of this paper seek to show these new judicial tendencies and reason about them.