By Karel Wellens
Foreign businesses became significant gamers at the overseas scene, whose acts and actions have an effect on members, businesses and states. harm to pursuits or violation of rights occasionally ensue (such as in the course of peacekeeping operations). Wellens considers the treatments to be had to capability claimants reminiscent of deepest contractors, employees individuals or an individual affliction harm. Can they flip to an ombudsman or nationwide courts, or have they got to depend on aid by way of their very own nation? Are the treatments supplied by means of foreign agencies sufficient? Wellens' examine contains feedback for substitute remedial ideas.
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Germany, Application 26083/94 and in Beer and Regan v. Germany, Application 28934/95’, AJIL 93 (1999), 933–8, at 936, note 24 (emphasis added). , 938. As indicated by the ECHR in the Waite and Kennedy and Beer and Regan cases: ‘they could and should have . ’ (Waite and Kennedy, para. 69). It should be noted that a failure to have recourse to a remedy which meets the requirements of Article 13 of the European Convention on Human Rights would not necessarily amount to a failure to exhaust domestic remedies in the sense of Article 26: D.
National parliaments are one of the most effective natural agents of accountability towards international organisations. The remedies brieﬂy reviewed so far were all based on the conviction of member states that the daily political and administrative functioning of the international organisation could no longer be supported unreservedly, without this causing signiﬁcant harm to particular interests or affecting any of the legal rights deriving from their membership links. The remedies on this ﬁrst level of accountability generally possess institutional effectiveness given the axiomatic independent position of member states towards intergovernmental international organisations.
Finally, it has to be said at this stage that it does not appear that institutional acts or omissions would necessarily call into action other categories of remedies than in situations when operational activities are being challenged; only an analysis of the practice could provide further indications here. Whether the same would apply in terms of standing is dealt with in the next chapter. 4 Access to remedies Access to remedies: scope ratione personae and differential standing Bearing in mind the frequency with which issues of accountability of international organisations are bound to arise – most such issues being dependent on the kind of situations in which other parties ﬁnd themselves, of their own free will or unintentionally, facing the political, ﬁnancial, administrative and legal consequences as regards their interests and the rights of acts, actions or omissions of the international organisation – it is possible, in rather abstract terms, to make the following list, in descending order, of preferential standing for remedial measures or action.