Cambridge Studies in International and Comparative Law is a forum for high-quality studies in the fields of public and private international and comparative law. Although these are distinct legal sub-disciplines, developments since 1946 confirm their interrelation. Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Private international law is now often affected by international conventions, and the issues faced by classical conflicts rules are frequently dealt with by substantive harmonisation of law under international auspices. Mixed international arbitrations, especially those involving state economic activity, raise mixed questions of public and private international law, while in many fields (such as the protection of human rights and democratic standards, investment guarantees and international criminal law) international and national systems interact. National constitutional arrangements relating to 'foreign affairs', and to the implementation of international norms, are a focus of attention.
International organisations have become major players on the international scene, whose acts and activities affect individuals, companies and states. Damage to interests or violation of rights sometimes occurs (such as during peacekeeping operations, for example). Karel Wellens considers what remedies are available to potential claimants such as private contractors, staff members or, indeed, anyone suffering damage as a result of their actions. Can they turn to an ombudsman or national courts, or do they have to rely on support from their own state? Are the remedies provided by international organisations adequate? Wellens' conclusions include suggestions for alternative remedial options in the future.
Karel Wellens is Professor of Public International Law and the Law of International Organisations at the Catholic University of Nijmegen, the Netherlands. He is also Chairman of the Advisory Committee on International Legal Issues to the Dutch Foreign Ministry and Co-Rapporteur of the International Law Association Committee on Accountability of International Organisations. His other publications include editing Resolutions and statements of the UN Security Council (1946-1992): A thematic guide (1993) and Economic conflicts and disputes before the World Court (1922-1995) (1996).