Iran-United States Claims Tribunal v. As

Abstract

321International organizations — Immunity — Jurisdictional immunity — Nature and scope — Rationale for granting of immunity to international organizations — Absence of headquarters agreement with host State — Whether organization entitled to immunity under customary international law — Whether host State having power to confer immunity — Distinction between State immunity and immunity of international organizations — Immunity of international organizations limited to acts and relationships connected with essential functions of the organization — Employment relationships — Criteria for determining which employment relationships covered by jurisdictional immunity — Employee performing duties essential to tasks of international organization — Iran-United States Claims Tribunal — Interpreter — Whether performing essential task for TribunalInternational tribunals — Iran-United States Claims Tribunal — Status in the Netherlands — Immunity from jurisdiction of Netherlands courts — Whether entitled to same immunity as an international organizationSources of international law — Treaties — European Convention on State Immunity, 1972 — Whether declaratory of existing rules of international law — Whether criteria for immunity contained in its provisions applicable to international organizations — Custom — Treaty practice as evidence of customary international law — Immunity of international organizations — Whether existing under customary international law — The law of the Netherlands