The Role of International Administrative Law at International Organizations最新文献

{"title":"The Effectiveness of the North Atlantic Treaty Organization in an Era of Adaptation: The Role of the North Atlantic Treaty Organization Administrative Tribunal","authors":"Steven Hill, Nicholas Minogue","doi":"10.1163/9789004441033_012","DOIUrl":"https://doi.org/10.1163/9789004441033_012","url":null,"abstract":"This chapter discusses the role that the North Atlantic Treaty Organization (nato) Administrative Tribunal (at) plays in the work of the political and military alliance charged with defending the security of its 29 members in Europe and North America. It explores how the at’s creation in 2013 has contributed to organizational success, played a valuable role in upholding respect for the rule of law, and driven change within the organization. nato has a peculiar legal structure that must take into account the interests of a wide range of stakeholders, including military and political elements. The successful work of nato is dependent upon effective and continual adaptation, both internally, with regard to its regulatory frameworks, and externally, with regard to nato’s primary mission of defense and deterrence. Success in the process of internal adaptation is not predicated only upon the smooth functioning of the at, but also upon the effectiveness of the entire civilian staff member complaint resolution process. In the future, nato will continue to invest in its system of dispute resolution and rely upon the at to help demonstrate its commitment to the rule of law.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124838067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"To Join or Not to Join: A Comparative Analysis of Joining or Creating an International Administrative Tribunal","authors":"Katherine Meighan, Gabriel Rodríguez-Rico","doi":"10.1163/9789004441033_007","DOIUrl":"https://doi.org/10.1163/9789004441033_007","url":null,"abstract":"How well an international organization functions and upholds its privileges and immunities is closely intertwined with the existence of an internal justice system to settle disputes between the institution and its staff. At the apex of such system is the administrative tribunal, mandated to provide final, binding decisions on internal, employment-related issues, taking into account the needs of both the international organization and its staff. Some of such international organizations have opted to join and submit to a multi-jurisdictional tribunal, while others have established their own, independent tribunals (arbitration may also be an option, but due to its substantially different nature and procedures, it falls outside the scope of this chapter). This chapter appraises two different scenarios for international organizations: joining a multi-jurisdictional tribunal that receives appeals from various international organizations or establishing a stand-alone tribunal, either independently or in conjunction with other intergovernmental institutions. This assessment provides a brief retrospective of international administrative tribunals, whilst highlighting governance consideration, jurisprudential issues, as well as other operational points that may arise under each option. Although informed by legal advice and other institutional considerations, the final decision is ultimately a political one made by, and in appropriate consultation with, the relevant stakeholders of the international organization (including the membership, the host State, the mandate beneficiaries, and the staff and management of the international organization). So, to join or not to join? There is no right or wrong answer to this ques-tion; instead this chapter strives to inform stakeholders when evaluating their options.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114945766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Breaking the Silence: Why International Organizations Should Acknowledge Customary International Law Obligations to Provide Effective Remedies","authors":"Kristina Daugirdas, Sachi Schuricht","doi":"10.1163/9789004441033_004","DOIUrl":"https://doi.org/10.1163/9789004441033_004","url":null,"abstract":"To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies — and by actually providing effective remedies — international organizations can rebut arguments that they are above the law, and can help to retain support for their immunities.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130767553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Arbitrating Employment Disputes Involving International Organizations","authors":"Rishi Gulati, T. John","doi":"10.1163/9789004441033_008","DOIUrl":"https://doi.org/10.1163/9789004441033_008","url":null,"abstract":"This chapter argues that international arbitration needs to be used more frequently in resolving employment-related disputes of international organizations. Especially in the context of claims against international organizations which tend to possess functional immunities, arbitration can play a significant role in ensuring that individuals raising employment claims against them have access to fair trial-compliant modes of dispute resolution. However, this chapter also submits that any arbitral regime must be implemented in good faith. And crucially, without implementing a robust arbitral framework that takes into account the particularities involved in international administrative dispute resolution, any arbitral mechanism is unlikely to fully yield the inherent advantages of arbitration over litigation before traditional international administrative tribunals. Finally, using the example of the arbitral scheme recently implemented by the Hague Conference on Private International law, this chapter provides a potential blueprint for other international organizations.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125372777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"2019 AIIB Law Lecture: The Rise of Sustainable Development in International Investment Law","authors":"N. Schrijver","doi":"10.1163/9789004441033_017","DOIUrl":"https://doi.org/10.1163/9789004441033_017","url":null,"abstract":"In recent decades, sustainable development gained currency as a principle of international law remarkably quickly. It is an integrated concept, having economic, environmental, social and governance dimensions. Sustainable development is by now well anchored in various sources of international law, especially treaty law and soft law instruments, and ranging from international environmental law and human rights law to international economic law and investment law. As to the latter, (inter-)regional economic treaties and bilateral investment treaties increasingly incorporate sustainable development. This also gave rise to the concept of responsible investment, which is an approach to conducting business and managing assets that includes environmental, social and governance factors as well as taking public values into account in investment strategy. The UN General Principles of Business and Human Rights (Ruggie Principles) and the Sustainable Development Goals of the World Development Agenda 2030 are closely related to the evolution of the principles for responsible investment. Obviously, many obstacles to their implementation do exist. These include the lack of enforcement mechanisms, controversial investment practices and widespread patterns of unsustainable production and consumption. This chapter concludes by examining what the role of international investment law, both as a value system and a concrete regulatory framework, can be for achieving sustainable development and responsible investment.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121795710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Tension between the Jurisdictional Immunity of International Organizations and the Right of Access to Court","authors":"E. Okeke","doi":"10.1163/9789004441033_003","DOIUrl":"https://doi.org/10.1163/9789004441033_003","url":null,"abstract":"The major controversy about immunity from legal process possessed by many international organizations is that without access to court or adequate alternative recourse there may be a denial of justice. Even where a recourse to an alternative dispute resolution mechanism is available, there is still the issue whether that mechanism meets the requisite standards of impartiality and independence for the determination of a legal claim. This chapter addresses the nature, sources and purpose of the immunity from legal process of international organizations, and then discusses how national courts and international courts and tribunals, especially the European Court of Human Rights, have dealt with the interplay between these competing or conflicting principles of jurisdictional immunity and access to court. Most importantly, it addresses whether the jurisdictional immunity of international organizations is conditional on the availability of an alternative dispute resolution mechanism. It also discusses the adequacy of alternative dispute resolution mechanisms; in particular, whether the proceedings of international administrative tribunals meet the standards of such instruments as Article 6(1) of the European Convention on Human Rights. It concludes with an exploration of whether the international law principle of jurisdictional immunity of international organizations could be reconciled with the human rights principle of access to court or tribunal.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114429244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Commonwealth Secretariat Arbitral Tribunal: The Evolution and Explanation of Changes to the Tribunal’s Statute","authors":"Alice Lacourt","doi":"10.1163/9789004441033_011","DOIUrl":"https://doi.org/10.1163/9789004441033_011","url":null,"abstract":"This chapter seeks to interrogate the rationale for the establishment of the Commonwealth Secretariat Arbitral Tribunal (csat) and examine how the Statute creating the Tribunal has evolved. Several applicants in the early cases before csat brought parallel litigation before the domestic courts of the United Kingdom. Arguments based on local law acted as a counterpoint to developments in the case law and Statute of csat. The resulting csat decisions delineated key principles on human rights and access to justice, which are still relevant today. csat—and the nature of the applications before it—continues to evolve, and this chapter concludes by identifying some lessons learned so far and what to expect going forward.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123110288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Modern Multilateral Bureaucracy: What is the Role of International Administrative Law at International Organizations?","authors":"P. Quayle","doi":"10.1163/9789004441033_002","DOIUrl":"https://doi.org/10.1163/9789004441033_002","url":null,"abstract":"What is the role of ‘international administrative law’—the law of employment relations—at international organizations? This chapter begins by contrasting the international legal status of States on the one hand, and international organizations on the other, before noting that the bureaucracies of the latter are heir to the traditions and identity of the former. It is then argued that transposing modern bureaucracy— ideally, meritocractic and impersonal national civil services—to multilateral administration, replaces the ‘patrimonial’ pressures on modern States with the related risks of ‘State sociability’ and co-option of international organizations. We then review the several legal bases of international administrative tribunals to discern whether international administrative law takes into account this strain. This chapter draws the conclusion that international administrative law is inherent to the assumption by multilateral administration of the ideals of modern bureaucracy— impartial, efficient and energetic—and so synonymous with the independent existence of international organizations.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133078938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What is ‘International Administrative Law’? The Adequacy of this Term in Various Judgments of International Administrative Tribunals","authors":"Shinichi Ago","doi":"10.1163/9789004441033_005","DOIUrl":"https://doi.org/10.1163/9789004441033_005","url":null,"abstract":"This chapter examines the adequacy of using the term ‘international administrative law’ in international administrative tribunal decisions, and finds it wanting. Whilst it is accepted that there is a set of legal rules applied by administrative tribunals established by international organizations to resolve employment-related disputes, it is mis-leading to term this ‘international administrative law’. This chapter argues, both that ‘international administrative law’ has a literal legal meaning more aptly applied to the unique treaty-based legal regimes of international organizations, and that ‘interna-tional administrative law’ obscures uncertainty about the sources of law governing the employment relationships of inter-governmental institutions. This leads to confusion between substantive law and procedural law applied by international administrative tribunals together with a tendency to refer to ‘international administrative law’ whenever the tribunal could not clearly say what law they were applying.","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133511427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Terms and Conditions of Employment of International Civil Servants: Implied Terms Recognized by the Asian Development Bank Administrative Tribunal","authors":"Damien Eastman","doi":"10.1163/9789004441033_006","DOIUrl":"https://doi.org/10.1163/9789004441033_006","url":null,"abstract":"This chapter examines the ‘terms and conditions of employment’ applicable under the law of the international civil service, with a focus on ‘implied terms’ of employment arising in the context of the case law of the Administrative Tribunal of the Asian Development Bank (adbat). Why is this important? Clearly, as a matter of good governance and good order, an employee ought to have an understanding and appreciation of the respective duties and obligations applicable to the employment relationship between the individual and the employer organization, and by the same token, the employer should have an understanding of the standards against which its actions will be assessed. It is also important because it crystalizes the basis upon which the jurisdiction of an international organization’s administrative tribunal can be invoked. International administrative tribunals are creatures of limited jurisdiction, and they are generally confined to hearing and adjudicating disputes alleging a breach of the ‘terms and conditions of appointment’. This argument is therefore developed through an examination of the jurisprudence surrounding the terms and conditions of employment of international civil servants, and in particular by analyzing the expansive approach to identifying the terms of appointment adopted by the adbat. * Damien J. Eastman, Assistant General Counsel, Asian Development Bank (ADB), deastman@ adb.org. The author wishes to thank Ms Melissa Su Thomas, Senior Counsel, ADB, for her assistance in preparing this chapter. The views expressed in this publication are those of the author and do not necessarily reflect the views and policies of ADB or its Board of Governors or the governments they represent. ADB does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of their use. The mention of specific companies or products of manufacturers does not imply that they are endorsed or recommended by ADB in preference to others of a similar nature that are not mentioned. By making any designation of or reference to a particular territory or geographic area, or by using the term ‘country’ in this document, ADB does not intend to make any judgments as to the legal or other status of any territory or area. Damien J. Eastman 9789004441033 Downloaded from Brill.com11/14/2020 02:53:14AM via free access","PeriodicalId":164763,"journal":{"name":"The Role of International Administrative Law at International Organizations","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116426242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}