14 - The rule and international organizations

Summary

Exhaustion of local or internal remedies may also be discussed in regard to the relationship between states and international organizations (or between international organizations themselves) and in regard to the employment relationship between international organizations and their staff. International organizations are a comparatively recent phenomenon. Hence, the rule of local remedies, which has a much longer history than the life of international organizations, cannot be regarded as intrinsic to the law of international organizations. If the rule is to be applicable in any way in that area, it will be by analogy or on the basis that in specific situations it may be appropriate to apply the rule itself or a similar rule in a different form. What must be discussed then is how far the law of international organizations, in terms of its policies and objectives, requires that the rule of local or internal remedies or an analogous rule be applied to certain situations which arise in the functioning of such organizations. The position is somewhat complicated, because there seem to be no judicial decisions or agreed or accepted practice in the area of the relations between organizations and states. In the area of employment relations, on the other hand, the situation is different, as the relevant basic premises are distinct.