Overcoming Jurisdictional Immunities: A Remedies Framework for Employees of International Organizations in the Philippines
![handle is hein.journals/philplj94 and id is 670 raw text is: OVERCOMING JURISDICTIONAL IMMUNITIES: A REMEDIES
FRAMEWORK FOR EMPLOYEES OF INTERNATIONAL
ORGANIZATIONS IN THE PHILIPPINES*
Jayy R. Gamboa`
ABSTRACT
For decades, domestic courts, including Philippine courts, have
denied appropriate remedy to employees of intemational
organizations (IO) whose rights were breached in the course of
official duties, in favor of the functional necessity doctrine and the
State obligation to grant I0 immunity arising from treaties. This
Note contributes to the literature of I0 immunities and employees'
rights by arguing that the State obligation to ensure the rights (1) to
equality before courts and tribunals and (2) to a fair and public
hearing by a competent, independent, and impartial tribunal of
persons, the I0 employees in particular, under Article 14 (1) of the
International Covenant on Civil and Political Rights, may not be
unduly restricted by treaty obligations granting I0 immunity. While
recognizing the concurrent treaty obligations pursuant to the
principle of pacta sunt servanda, it explores the potential of the
Philippine legal concept of judicial review in relation to grave abuse
of discretion as a basis to penetrate I0 immunity, in cases where
the ICCPR rights of I0 employees are undermined. Informed by
trends in other jurisdictions and by the progressive development of
intemational law, this Note proposes a framework of analysis for
Philippine domestic courts to overcome the jurisdictional bar of I0
immunity and to provide remedies to employees that are adequate
and compliant with intemational human rights law. Lastly, this
* Cite as Jayvy R. Gamboa, Overcoming Junsdctional Immunities: A Remedies Framework for
Employees of International Organizations in the Phippines, 94 PHIL. L.J. 643, [page cited] (2021).
Lecturer, Department of Economics, Ateneo de Manila University; Teaching
Associate, Ateneo School of Government, Ateneo de Manila University; Executive Assistant
& Policy and Legal Research Associate for Dean Antonio G.M. La Viha; J.D., University of
the Philippines (2022, expected); A.B. Economics (Honors Program), honorable mention, Ateneo
de Manila University (2017); Member, Student Editorial Board, PHILIPPINE LAw JOURNAL
Vol. 92.
A version of this Note was originally submitted by the author in compliance with
the revised requirements for his course on Public International Law due to class disruptions
caused by the COVID-19 pandemic in March 2020.
The author expresses his gratitude to Dr. Johanna Aleria P. Lorenzo and Prof. Gwen
Grecia-de Vera, his teachers in Public International Law and Constitutional Law, respectively,
for their guidance in developing this Note.
643](ViewImageLocal?handle=hein.journals/philplj94&div=28&collection=&method=preview&ext=.png&size=3)
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Overcoming Jurisdictional Immunities: A Remedies Framework for Employees of International Organizations in the Philippines
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