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Re: NGO immunity from prosecution



Like a number of international organizations, like OECD, WHO etc, IMF is
not subject to any individual nation's jurisdiction.  The license should
indicate a method of resolving disputes by mediation or arbitration, but
it cannot be subject to any national or state jurisdiction or to the
courts in any individual jurisdiction.

John Cox

John Cox Associates
Rookwood, Bradden
TOWCESTER, Northants NN12 8ED
United Kingdom
Tel: +44 (0) 1327 860949
Fax: +44 (0) 1327 861184
E-mail: John.E.Cox@btinternet.com

----- Original Message -----
From: "Kimberly Parker" <kimberly.parker@yale.edu>
To: <liblicense-l@lists.yale.edu>
Sent: 4 December 2002 12:36 am
Subject: NGO immunity from prosecution

> I'm reviewing an IMF license and found a new wrinkle in immunity that I
> thought I'd share with this community.
>
> In this license (which is otherwise based on the Cox model license) the
> International Monetary Fund is claiming immunity from any judicial
> process.  I will quote the entire section below.
>
> I had to send this question up our review chain ladder as I'd never
> encountered this type of declaration before.  I can't imagine us ever
> suing IMF for breach of license, but it was still unusual.  The
> arbitration offerings are probably enough to keep us feeling sensible
> about this, but I thought I'd offer the statement here for discussion.
>
> --Kimberly Parker

[SNIP]