On 27 February 2019, in a 7-1
decision, the US Supreme Court made an end to the absolute immunity from
suit that international organisations (IOs) had consistently enjoyed in
US courts. The decision realigns the immunity regime for IOs with that
for foreign states, which leaves the opportunity to sue organisations
such as the International Finance Corporation (IFC) when they engage in
commercial activities. In a flare of enthusiasm among academics and
(human rights) activists, the decision was immediately granted a
landmark status and marked as a turning point in the long history of
impunity for social, ecological and human harm caused by the activities
of IOs. This Doing Business Right Talk will
summarise the reasoning in the decision and explore the foreseeable
effects on the legal accountability of IOs, and international financial
institutions in particular. The most immediate effect, in that sense,
might not be located on the avenue of adjudication, but in the various
accountability mechanisms that have been created within IOs themselves.
Dimitri van den Meerssche
is a researcher in the Dispute Settlement and Adjudication strand at
the T.M.C. Asser Instituut. His research reflects on the law of
international organisations, international legal practices and
technologies of global governance. This work is inspired by insights
from science and technology studies, performativity theory and
actor-network theory. Dimitri is currently finalising his doctoral
dissertation at the European University Institute, which he expects to
defend in winter 2019. His dissertation is entitled “The World Bank’s
Lawyers – An Inquiry into the Life of Law as Institutional Practice”. In
the context of this dissertation, Dimitri has worked for three months
at the World Bank Legal Vice-Presidency and spent one semester as
visiting doctoral researcher at the London School of Economics.
When: Wednesday 24 April 2019 at 16:00
Where: Asser Institute in The Hague
Register Here