Research On Alternative Relief Mechanisms Under The Immunity System Of International Organizations

Starting from the functional immunity of international organizations(IOs),this article examines the practice of immunity of IOs and clarifies that the almost absolute immunity of IOs from domestic jurisdiction actually deprives the right to the court of the injured subject damaged by IOs,which puts the injured party in a dilemma where remedy is unavailable.Although the lack of clarity of the functional immunity rules is one of the reasons causing such dilemma,it is essentially a conflict between the immunity rules of IOs and the international human rights norms.In the absence of empirical legal basis to settle the conflict,the European Court of Human Rights and some domestic courts introduced an alternative remedy mechanism(ARM)to judge the Waite case,which is of positive significance to balance the normative conflict and makes a useful attempt to handle the remedy dilemma.Based on the Waite case and relevant cases,this article focuses on discussing the practical logic and expected structure of alternative remedy mechanism.ARM refers to a system or operating mechanism that can replace the domestic judicial forum to provide remedy to the injured party.The essence of the alternative remedy mechanism is to provide effective remedy to the injured subject,requiring the procedural rules for the operation of the mechanism,the laws applying for,and the diversification of remedies should be effective.If the IO has established an alternative remedy mechanism that meets the requirements for effective remedy and the injured party can get protection from it,the court can agree to the IO's invocation of immunity.But when effective remedy is absent,IO's immunity can be denied and the injured party should be protected with the domestic judicial channel.This article believes that alternative remedy mechanism is a balanced system that provides a positive direction for solving problems.ARM should be impartially constructed to ensure the independence of operation,the legal professionalism and qualification of the judges,and the fairness of the procedural principles and rules.The system should guarantee the adequacy,diversity and flexibility of the remedy channels.In addition,the remedy of external victims other than the staff of IOs should be taken into consideration.Although alternative remedy mechanism regarded as an important basis for granting immunity to IOs may face legal obstacles,from the perspective of handling the victim's dilemma and achieving the reconciliation of dual normative conflicts,the construction and perfection of ARM is of great benefit.