IECL Lunchtime Seminar with Juliette Fauvarque – From Immunity to Accountability? Rethinking the Role of Private International Law in Disputes Involving International Organisations

The IECL Lunchtime Seminar Series offers our Academic Visitors an opportunity to share their research, exchange ideas, and connect with colleagues on both substantive and methodological aspects of their work. 

Each seminar usually lasts 30–45 minutes, with 20–30 minutes for the presentation followed by 10–15 minutes for Q&A. A light sandwich lunch will be provided.

Juliette Fauvarque

From Immunity to Accountability? Rethinking the Role of Private International Law in Disputes Involving International Organisations

Abstract: This presentation forms part of a doctoral research project in private international law that examines the resolution of disputes involving international organisations. This research is driven by two core observations. First, the immunities of international organisations are increasingly challenged and subject to limitations. Second, there has been a rise in contractual and non-contractual liability claims brought by private parties against international organisations before national courts. These converging developments can be explained, at least in part, by the absence of a comprehensive and coherent system of remedies within the legal frameworks of international organisations, thereby restricting access to justice for individuals and companies, and producing a persistent accountability gap.

While the predominance of immunities has long rendered any inquiry into the role of domestic courts largely theoretical, their gradual erosion—combined with the “quest for justice” reflected in existing litigation—now makes it necessary to consider two key issues: whether national courts may assert jurisdiction over such claims, and which law governs these disputes. For even where immunity can legitimately be set aside, there is no guarantee that the rules of private international law will allow the action to succeed.

This presentation examines the various factors contributing to the decline of international immunities enjoyed by international organisations and, on that basis, calls for a reassessment of the role that private international law may play in this evolving judicial landscape and, more broadly, in the architecture of accountability in global governance.