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What is the rationale for the grant of immunity to international organizations?


● The objective for the grant of immunity from local jurisdiction is to avoid the danger of partiality and interference by the host country in the internal workings of these international organizations or agencies. It is intended to shield the organization from political pressure or control by the host country to the prejudice of member States of the organization, and to ensure the unhampered performance of their functions.

● One of the basic immunities of an international organization is immunity from local jurisdiction, i.e., that it is immune from the legal writs and processes issued by the tribunals of the country where it is found. The obvious reason for this is that the subjection of such an organization to the authority of the local courts would afford a convenient medium thru which the host government may interfere in there operations or even influence or control its policies and decisions of the organization; besides, such subjection to local jurisdiction would impair the capacity of such body to discharge its responsibilities impartially on behalf of its member-states. In the case at bar, for instance, the entertainment by the National Labor Relations Commission of Mr. Madamba's reinstatement cases would amount to interference by the Philippine Government in the management decisions of the SEARCA governing board; even worse, it could compromise the desired impartiality of the organization since it will have to suit its actuations to the requirements of Philippine law, which may not necessarily coincide with the interests of the other member-states. It is precisely to forestall these possibilities that in cases where the extent of the immunity is specified in the enabling instruments of international organizations, jurisdictional immunity from the host country is invariably among the first accorded. (SEAFDEC-AQD v. NLRC, 206 SCRA 283, Feb. 14, 1992)

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